HomeMy WebLinkAbout38.104 ORDINANCE NO. 38. 104
AN ORDINANCE OF ~I'HM CITY OF SARATOGA AMMaNDING
CM~PTER 6, ARTICLE I, ENTITLED "FIRE PREVENTION
CODE", OF THE SARATOGA CITY CODE
The City Council of the City of Saratoga does hereby ordain
as follows:
SECTION 1: Article I of Chapter 6 of the Saratoga City Code
is hereby amended to read as follows:
Article I.' Fire Prevention Code.
Sec. 6-1. Uniform Fire Code--Adopted.
The 1979 Edition of the Uniform Fire Code, including
Appendices A, B, C, D, E, F, G, H and I only, as compiled and
published by the International Conference of Building Officials
and the Western Fire Chiefs Association, Inc., three copies
of which Fire Code have been filed for use and examination by
the public in the office of the City Clerk of this City, is
hereby referred to and, except as to additions, deletions or
amendments hereinafter noted, the same is hereby adopted and
made a part hereof, the same as if fully set forth in this
article, and shall be the Fire Prevention Code for this City.
Sec. 6-2. Uniform Fire Code--additions~ deletions and
amendments.
The following additions, deletions and amendments are
hereby made tO the 1979 Uniform Fire Code hereinafter adopted
by reference:
6-2.1. New Section 3.105 added. New Section 3.105 is
hereby,added to read as follows:
Sec. 3.105. Abatement of hazards.
(a) If any person fails to comply with an order of
the fire district, or in the event the fire district is
unable to locate the responsible person within a reason-
able time, the fire district may take such steps as are
necessary to abate a fire hazard or health hazard for
the protection of the public health and safety. In no
event is notice necessary before abatement when the fire
hazard constitutes a clear and present danger to the
public welfare.
(b) All costs and expenses incurred by the City in
taking steps to remove or abate such a hazard shall be a
lien against the property on which such hazard is
maintained, and on all property in the City of,the
person or persons creating, causing, committing or
maintaining such hazard, and shall be a personal obliga-
tion of the person or persons creating, causing, committing
or maintaining such hazard, and such costs and expenses
shall include reasonable attorney's fees incurred by the
City. The above-referred to liens shall attach immediately
on the commencement of the work of removal or abatement,
without notice; the City may, however, give notice of
any such lien by the recordation with the County Recorder
of a notice of lien.containing a Statement of the
general nature of the work done or to be done,.the
estimated Or actual cost thereof, a~d the name or names
of the persons against whose property the lien lies.
Such liens and the personal obligation of the person or
persons creating, causing, committing or maintaining any
such hazard, may be enforced by a civil action brought
in the name of City in any court of competent jurisdiction.
6-2.2. New Section 4.104.1 added. New Section 4.104.1
is hereby added to read as follows:
Sec. 4.104.1. Authority to require exposure Or to stop
work.
Whenever any installation is covered or concealed
without first having been inspected, the fire marshal
may require, by written notice, that 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 specifi-
cations as approved by the fire marshal, 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.
6-2.3. New Section 4.108 added. New Section 4.108 is
hereby added to read as follows:
Sec. 4.108. Permit fees.
The City Council may, by resolution, establish a
schedule of fees to be charged and collected by the City
for the issuance of any such permits required under the
provisions of this Code and for the checking and inspecting
services relative to these provisions. A copy of such
fee schedul. es shall be maintained in the office of the
City Clerk and such other locations as may be deemed
necessary for public inspection.
6-2.4. New Section 10.207(f) added. New Section
10.207(f) is hereby added to read as follows:
Sec. 10.207(f). Turnarounds.
Dead-end access roadways shall be provided with
turnarounds as required by the Fire Chief.
6-2.5. New Section 10.207(g) added. New Section
10.207(g) is hereby added to read as follows:
Sec. 10.207(g). Roadway and driveway gates.
Gates or other obstructions shall not be placed
across access roadways and driveways unless of a design
approved by the Fire Chief. Application for the instal-
lation of gates or obstructions shall be made in writing
and accompanied by plans and specifications detailing
the proposed installation. Existing gates may be
ordered to conform to the-above as required by the Fire
Chief.
6-2.6. New Section 10.301(f) added. New Section
!0.301(f) is hereby added to read as follows:
Sec. 10.301(f). Adequate water supply.
Compliance with the publication 'Guide for Deter-
mination of Required Fire Flow,' as published by the
Insurance Services Office, shall be deemed adequate
water supply, except for the following:
(1) Where water supplies available for fire
protection do not meet the above requirements,
buildings equipped throughout with an approved
automatic sprinkler system need not mandatorily
comply with the provisions of this section.
(2) Buildings in excess of two (2) stories in
height or that require a fire flow in excess
of two thousand gallons per minute (2,000 gpm)
shall be equipped throughout with an approved
automatic sprinkler system. For the purpose
of this subsection, dwellings with exterior
walls protected in accordance with the provi-
sions of the Building Code need not comply.
6-2.7. New Section 10.301(g) added. New Section
10.301(g) is hereby added to read as follows:
Sec. 10.301(g). Lock boxes.
Every high-rise building, every building containing
one or more elevators, or every building presenting
difficult fire-fighting ingress as determined by the
Fire Chief shall have installed an approved lock box to
be located as directed by the Fire Chief. Lock box
shallcontain:
(1)Keys to locked points of ingress, whether on
the interior or exterior of such building.
(2) -Keys to locked mechanical equipment rooms.
(3) Keys to locked electrical panel rooms.
(4) Keys to elevator controls.
(5) Keys to other areas as directed by the Fire
Chief.
(6) Written instructions on equipment shutdown as
directed by the Fire Chief.
6-2.8. Section 10.307(a) amended. Section 10.307(a) is
hereby amended to read as follows:
Sec. 10.307(a). Fire alarm systems.
Any building or structure three or more stories in
~height shall have installed therein an approved automatic
or manually operated fire alarm system, designed to warn
the occupants of the building in the event of fire. The
fire alarm system shall be so designed that all occupants
of the building may be warned simultaneously, and alarm
annunciator panels shall be provided in such locations
as required by the fire marshal. Installation, inspection
and maintenance of the system shall be in accor~ with
the standards of the National Fire Protection Association.
Each owner shall be required to institute a training
program in the use of first-aid fire equipment and
methods of evacuation, and a procedure to be followed in
the event of fire shall be established and shall include,
but not be limited to, the following:
(i) Posting the telephone number of the fire
department in a conspicuous and plainly
visible location near each telephone, and
(ii) Assignment of a responsible person to call the
fire department upon notification of any fire
or the activation of any alarm or sprinkler
system 'for any reason, and
(iii) Designation of areas where Occupants are to be
located after evacuation of the building.
6-2.9. New Section 10.307(e) added. New Section
10.307(e) is hereby added to read as follows:
Sec. 10.307(e). Detailed requirements.
When an approved automatic sprinkler system is
installed in conjunction with a fire alarm system, the
automatic sprinkler shall be provided with a water flow
device which shall cause activation of the fire alarm
signaling device.
6-2.10. New Section 10.310(f) added. New Section
10.310(f) is hereby added to read as follows:
Sec. 10.3i0(f). Standpipe hose connections.
When, in the opinion of the Fire Chief, an unusual
condition or hazard exists, hose connection may be
required and may be provided as outlined in Sections
3-8.6 and 3-8.7 of National Fire Protection Association
(N.F.P.A.) Standard #13, 1976 Edition.
6-2.11. New Section 10.403 added. New Section 10.403
is hereby added to read as follows:
Sec. 10.403. Fire protection for combustible waste
material storage.
Standard automatic sprinkler protection shall be
provided in all rooms containing combustible waste
storage and above all combustible waste storage areas
within ten (10) feet of a building or roof overhang in
all Uniform Building Code group occupancies, except R-3
Uniform Building Code group occupancies. Such sprinklers
may be connected to the domestic water supply, provided
the piping for the domestic water supply and the sprinkler
system is sufficient to supply the area, such water
supply is provided to the sprinkler system, and an
approved and accessible O.S. and Y type shutoff valve is
'provided for each such room or area. If there is no
ceiling, a heatbaffle plate shall be provided not more
than six inches (6") above the sprinkler head.
6-2.12. New Section 11.207 added. New Section 11.207
is hereby added to read as follows:
Sec. 11.207. Earthquake barriers for certain shelves.
Shelves used for the storage of containers of
flammable or combustible liquids, corrosive or reactive
materials shall be provided with appr0ved'earthquake
barriers. -- ~'
6-2.13. 'New Section 11.208 added. New Section 11.208
is hereby added to read as-follows:
Sec. 11.208. Illeqal dumping--combustible material.
No person shall dump, deposit or place, or cause to
be dumped, deposited or placed, any coals, ashes, or
debris, paper, rubbish, trash, waste products Or petroleum
or other combustible waste material in or upon any lands
or premises not owned by or under the legal custody and
control of the person so dumping, depositing or placing
the same, without prior written permission so to do from
the owner or other person in legal custody or control of
such premises, nor in any event upon any lands or
premises, whether owned by or under the control of the
person or not, wherein such dumping, depositing or
placing is otherwise prohibited by law.
6-2.14. Section 12.113(c) amended. Section 12.113(c)
is hereby amended to read as follows:
Sec. 12.113(c). Illumination of siqns.
Exit signs serving an occupany load of one hundred
or more persons shall be lighted with two electric lamps
of not less than fifteen watts each supplied by two
separate sources.
6-2.15. New Section 74.116 added. New Section 74.116
is hereby added to read as follows:
Sec.' 74.116. Compressed Gasses--Storage and/or Use
Prohibited Without Permit.
With the exception of those gasses covered by
Articles 49, 63, 80, and 82 of this Code, compressed
chlorine gas used to purify water, compressed oxygen gas
prescribed and used for medical purposes, and those
commercial products packaged in their original aerosol
Containers as are commonly available in retail outlets,
'the.storage'ind/or'use of~cmbustible, flammabl~.orh~zardous~ccfnpressed
gasses in dwellings and apartment houses and accompanying
attached or detached garages is prohibited unless a
valid permit has first been obtained from the Fire
Marshal.
6-2.16. Section 79.201(a) amended.' Section 79.201(a)
is hereby amended to read as follows:
Sec. 79.201(a). Restricted locations.
The storage of Class 1 flammable and combustible
liquids in above ground tanks outside of buildings is
prohibited within any residential, Commercial,'~i~dustr_ial
=or'~rofession~l.~dministrati~e~6ni~district.
6-2.17. New Section 80.103(f) added. New Section
80.103(f) is hereby added to read as follows:
Sec. 80.103(f). Anhydrous ammonia.
Anhydrous ammonia shall be stored and handled so as
to be reasonably safe to persons and property. Evidence
that anhydrous ammonia has been stored and handled in
accordance with ANSI-K61.1, Safety Requirements for the
Storage and Handling of Anhydrous Ammonia, 1966 Edition,
is evidence that such anhydrous ammonia is {~asonably
safe to persons and property.
6-2.18. New Section 16(c) of Appendix E'added] New
Section 16(c) of Appendix E is hereby added to read!as
follows:
Section 16(c). Firebreak vegetation.
When brush or vegetation growth is removed and
cleared away to provide a firebreak as required by this
section, suitable growth which will not form ameans of
rapidly transmitting fire shall be planted in such a
manner so as to reduce the possibility of erosion.
6-2.19. New Section 24 of Appendix E added. New
Section 24 of Appendix E is hereby added to read as follows:
Section 24. Roof coverings.
Roof coverings on all buildings shall be fire-
retardant, or shall comply with the standards established
for Uniform Building Code Class A or B prepared or
built-up roofing. Re-roofing of existing buildings
shall comply with the above, except that any re-roofing
of less than ten percent (10%) of the total roof area of
any building shall be exempt from this requirement.
6-2.20. New Section 25 of Appendix E added. New
Section 25 of Appendix E is hereby added to read as follows:
Section 25. Hazardous fire area designations.
All hazardous fire areas shall be designated by the
City Council, with the advice of the fire marshal and
chief of the applicable fire protection district, and
shall be established by either ordinance or resolution
specifically referring to and adopting a map or maps so
delineating the same.
Reference is hereby made to Sheets 96, 111, 125 and
126 of the Santa Clara County Cadastral Planimetrics
Maps, showing and delineating thereon areas of the City
· which are designated hazardous fire areas, three copies
of which maps have been filed with the Clerk of this
City for use and examination by the public, and which
maps are hereby specifically referred to and incorporated
herein by reference.
The City Council of this City hereby finds and
determines that the areas designated as hazardous fire
areas on each of the foregoing sheets of such maps do
constitute hazardous fire areas within the terms and
meaning of the definition thereofhereinbefore set forth
in this Code.
The hereinab0ve referred to maps, and the hazardous
fire areas shown thereon, may from time to time be
modified or changed by subsequent ordinance or resolution
of the City Council.
Sec. 6-3. Findings and determinations by Council for
interpreting ar.ticle.
Insofar as any of the provisions of this article or of
the Uniform Fire Code herein adopted by reference constitute
a modification or change from or in the regulations otherwise
contained in the Uniform COdes referred to in Health and
Safety Code Section 17922 and heretofore adopted, as modified,
by this City, and contained in chapter 3'6f the Saratoga City
Code (Building Regulations), in relation to any single or
-multiple dwelling,'apartment house, motel or hotel, or any
building or 'structure accessory thereto, it is hereby found
and determined, and this Council has heretofore found and
determined, that such modiflications and changes are needed by
this City, and are reasonably necessary because of local
conditions, and in relation to dwellings, are particularly
necessary by reason of the hazardous fire areas in this City.
Pursuant to Health and Safety Code Section 17958.7, such
finding shall be made available as a public record, and the
City Clerk is directed to file a copy of such finding together
with a,copy of this article with the Department of Housing
and Community Development of the State of California.
SECTION 2: If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or
phrases be held invalid or unconstitutional.
SECTION 3: This Ordinance shall take effect and be in full
force and effect thirty (30) days from and after the date of its
passage and adoption.
The above and foregoing ordinance was regularly introduced
and after the waiting time required by law, was thereafter passed
and adopted this 6th day of January , 1982, by the following
vote:
AYES: Councilmembers Clevenger, Jensen, Mallory, Watson, Mayor Callon
NOES: None
ABSENT: None
MAYOR
ATTEST:
~ ~ (~,/ The ab,':,ve and foregoing is
CITY C~RK
Deputy City CI rk 'Date'