HomeMy WebLinkAbout38.58 ORDINANCE NO. 38.58
AN ORDINANCE OF THE CITY OF SARATOGA REPEALING
CHAPTER 6 OF THE SARATOGA CITY CODE AND. THOSE
PORTIONS OF ORDINANCE 4-A WHICH ADOPT BY REFERENCE
CERTAIN PORTIONS OF TITLE 8 OF THE SANTA CLARA
COUNTY ORDINANCE CODE, AND ADDING A NEW CHAPTER 6
TO THE SARATOGA CITY CODE RELATING TO FIRE PREVENTION
AND ADOPTING BY REFERENCE THE 1973 UNIFORM FIRE CODE '
· WITH CERTAIN MODIFICATIONS, DELETIONS .AND ADDITIONS
The City Council of the City of Saratoga does hereby ordain as
follows:
Section 1: All of the provisions of Articles I and II of chapter 6
of the Saratoga City COde, consisting of Sections 6-1
through 6-24, and that portion of Ordinance 4-A which adopts by referenc~ portions
of Title 8 of the Santa Clara County Ordinance Code therein adopted by reference,
be and the same are hereby repealed.
Section 2: Chapter 6 (commencing with Section 6-1)' of the Saratoga City Code is hereby added to read as follows:
FIRE PROTECTION
ArtiCle I: Fire Prevention Code
Sec. 6-1: 1973 Edition of Uniform Fire Code Adopted
The 1973 Edition of the Uniform Fire Code, including Appendices
A, B, C, D and E only, as compiled and published by the International Conference
of Building Officials and the Western Fire Chiefs Association, Inc., three copies
of which Fi~e Code have been filed for_use and examination by the public in the
Office of the City Clerk of this City, is h~re~y referred to and, except as to
additions, deletions or amendments hereinafter noted, the same ·~s 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: Amendments~ Deletions and Additions to uniform Fire Codd
The following additions, deletions and amendments are hereby made
to the 1973 Uniform Fire Code hereinabove adopted by reference:
Sec. 6-2.1. Sectfons 1~201 (b) and 1.202 through 1.215 omitted; Section 1.201 (h) amended.
Subparagraph (b) of Section 1.201 and Sections 1.202 through
1.215 and Section 1.217 of Divisio~ II of Article I of said Uniform Fire Code
regarding administration are hereby deleted.
Subparagraph (h) of Section 1.201 is amended to read as follows:
(h) The investigation of the cause of every fire when the same is of
incendiary, suspicious or of unknown origin.
Sec. 6-2.2. New Sections 1.202 through 1.212 added.
Sec. 1.202. Fire Marshal.
There is hereby created the position of Fire Marshal of the
Cit~ of Saratoga. Said Fire Marshal shall have non-exclusive jurisdiction to -
enforce all of the provisions of this Code, except as may otherwise be provided
by Health & Safety Code Section 17961.5 of the State of Claifornia. The Fire
Marshal shall be appointed by resolution of the City Council and shall be under
thec~j_~of the City Manager. Until such appointment, the Fire Marshal
of the County of Santa Clara is hereby designated as Acting Fire Marshal of [he
City of Saratoga.
Unless otherwise specified, all referencein this Code to
u"
"Chief" or "Fire Chief" or "Fire Department" or "Fire Prevention Burea ~, or
"Fire Marshall"sh 1 mean
al the Fire Marshal of the City of Saratoga and his Deputies.
Whenever under the provisions of this Code a permit iS required
tO be issued for an~ use, occupation or activity, such permit may be issued either
by the Fire Marshal or by the Chief of the Fire District having jurisdiction over
the area wherein the use, ~ccupation or activity.is to be carried on or conducted.
Nothing herein contained shall in any way infringe upon the
authority of the Chief of the applicable Fire Protection District from enforcing
all provisions~of the State ,Housing Law (Part 1.5, Division XIII, Health & Safety
Code Sections 17910 through 17995 --- apartment houses, hotels, motels, dwellings,
and building and structures accessorygthereto) and the Uniform Codes of this City
adopted by reference pursuant to such State HQusing Law, pertaining to fire
protection, fire prevention, the control of the spread of fire, and safety from
fire or panic in apartment houses, hotels, motels, dwelling units and structures,
and buildings~and structures accessory thereto, pursuant to Health & Safety Code
Section 17961.5 of this State, nor from enforcing all ~ther appriCable provisions
Of the Fire Protection District laws of the-Stat~including, but not limited to
~Sections13801 through 13998 of the Health and Safety Code.
B~c. 1~203. Modification of StaSdards.
The Fire Marshall shall' have the authority to modify the strict
application of the fire prevention provisions of this Code~ provided that before.
any such modifications, the person or agency desiring such mqdification sh%ll
file with him an application in writing setting forth the exact modification
desired. The decision of the Fire Marshal shall be entered upon. his records and'
a signed copy shall b~ furnished the applicant therefor.
Sec. 1.204. Inspection of BuildinS and Premises.
The Fire Marshal shall be responsible to inspect or cause to,be
inspected by his deputies or by Fire Department officers or members, all buildings
and premises as often as maylbe necessary for the purpose of 19cation and causing
to be corrected any condition liable to cause fire, endanger-life from fire or
any violation of the provisions of this Code and any other ordinance affecting
the fire hazard.
Sec. 1.205., Plan Review.
The F-ize Marshal shall be responsible to review or cause to be
reviewed by his deputies all plans for construction of all buildings except the
interior of dwellings for the purpose of ascertaining and causing to be corrected
any condition liable to cause fire, endanger life Erom fire or .any violation of
the provisions of ~his Code and any other ordinance affecting the fire hazard.
He shall promptly notify the Chief of the applicable fire protedtion district of
all such plans received so it may determine adequacy of emergency fire access and
water supply.'
Sec. 1,206. Notice of Hazards Required and Abafement.
(a)' The Fire Marshal, upon determining that ~ fire hazard exists
*in or on any building, structure, vehicle, car, ve~s.el or premises shall notify
the person or agency'responsible for maint'aining such fire hazard and order the
correction or elimination of'same. Such notice shall be given in writing.
·
(b) In the event any person or agency shall fail to comply with
the orders of the Fire Marshall given pursuant to (a) above, or in the event the
Fire Marshall is unable to locate the responsible party within a reasonable time,
the Fire Marshall may take such steps to abate the fire hazard ~s may be necessary
for the protection of the public health and safety; provided that in no e~ent
shall it be necessary for him to render any such notice prior to abatement when the
fire hazard constitutes a clear and present danger.
Sec. 1.207. Notice of Fire in Sub-iurisdictio~s.
Whenever a fire is of incendiary, suspiciOUs or of unknown origin
the Chief of the Fire Protection District in which such fire occurs shall g
immediately notify the Fire Marshall who will then RromRtly commence his investi-
gation of the cause of such fire.
Sec. 1.208. Condemnation of Hazardous Devices.
The Fire Marshal shall have au[hority to cgndemn the use Of any
device, equipment, appliance or apparatus which is in yiolation of this Code
and which creates a hazard to life or property or which fails to provide the
safety or protection for which it is installed or maintained. A written notice
shall be served upon the person having custody, control or ownership of the 'proper~
qondemned, to repair or alter as required, and a condemnation tag shall be affixed
thereto until the same has been inspected and approved by the Fire Marshalias to
being compliant.
Sec. 1.209. Powers of Peace Officers; Citations.
~The Fire Marshalland his designated representatives shall
have the powers of peace officers while'engaged in the performance of their duties
with respect to the prevention~ and investigation of fires and the protection and
· preservation of life and property against the hazards of fire and conflagration.
(b) The Fire Marshal, or his duly authorized agents, may issue
citations for violations of the standards and regulations of this Code.
Sec. 1.210. Authority to Take Photographs.
The Fire Marshal is authorized to take such photographs as deemed
necessary to execute his duties. After due notice of a violation of this Code
has been issued, photographs may be taken as necessary. Subsequent to a fire,
explosion or other emergency, such photographs may be taken as are/necessary to
adequately depict the conditions for the purpose of investigation. No person
shall interfere with, refuse or obstruct such sketching orphoto making.
Seco 1.211. Appeal and Review.
An appeal may be taken to the City Council from any decision~ deter-
mination or requirement of the Fire Marshal, or of the Fire Chief of the Fire
District having jurisdiction, by any person claiming to be aggrieved ~hereby. In
addition, the Fire Marshal may also obtain a review of any such decision, deter-
mination or requirement by said City Council by such appeal process.
Appeal or request for review shall be taken by filing a written
notice thereof, letter form being sufficient, with the City Manager within ten (10)
days after such decision, determination or requirement has been made and has been
communicated to the appellant. The notice of appeal shall be signed by the
applicant, and shall set forth all of the grounds for said appeal. Upon recefpt
of.such notice, the matter shall be heard by the City Council at its n~e~treg~lar
meeting that falls not less than twenty (20) days after the date of filing, and
shall give notice of such hearing by mail to the appellant and to the Fire Marshal
and/or Fire Chief of the district having jurisdiction. Hearing on-appeal shall be
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de novo, and the City Council may sustain, overrule or modify the decision,
determination or requirement appealed from and such disposition on appeal shall
be final. Said City Council may, from time to time, adopt such additional rules
and regulations relating to procedure on such appeals as it may deem advisable or
necessary.
Sec. 1.212. CheckinK, Inspection and Permit Fees.
The City Council may, by resolution, establish a schedule or
schedules of fees to be charged and collected for checking and inspection services
performed and for the issuance of permits, a copy of which schedule shall at all
times be kept on file in the office of the City Clerk and in the office' of the
~ire Marshal and shall be available for public inspection.
Sec. 1.213. Non-Responsibillity.
Neither this City nor ahy department, board, commission, officer
or employee thereof, nor the Fire Marshal or any of his officers or employees,
nor the Chief of any Fire District, shall be liable or responsible f6r any damage
or injury caused by or resulting from any 'inspection,' reinspection, or failure to
inspect, or any approval under any of the provisions of this Code~ or in connection
with any other official duty, and this Code shall noE be'~onstrued Ko hold any such
public officer or entity in any way responsibile for any action or inaction in
.connection with the control or extinguishment' of any fire or in connection With
any other official duties in the fields of fire protection or fire prevention.
Sec. 6-2.3. Section 1.216 amended.
The following paragraph is hereby added to Section 1.2~6 of said
Uniform Fire Code:
In the event that the foregoing is ineffective for any reason to
adopt by reference any one or more of. the foregoing publications, to the extent
thereof the Fire ~arshalCis hereby authorized to make and enforce such rules and
regqlations for the prevention and control of fire and fire hazards as may be
reasonably necessary to carry out the intent and. purposes of this Code, so long
as the same are promulgated and drafted in accord with the criteria and guide-
lines of said publications and' the standards and publications hereinafter more
particularly set forth in Appendix "D" hereof.
Sec. 6-2.4.· Sectio~ 1.301(c)' of said Uniform Fire Code is added to read:
Sec. 1.301(c). Permits. "
It shall be unlawful for any person to conduct or maintain
any business, occupancy or adtivity that requires apermit by this C6de, without
first securing the pr~per permit from the Fire Marshal. No pets'on shallcontinue
to conduct or maintain any such business, occupancy or activity when such permit
becomes invalid.
Sec. 6-2.5. Section 1.302 of said Uniform Fire Code is.amended to read:
Sec..1.3~2. Application for Permit.
Ali applications for permits, except limited. burning permits,
shall be made to the Fire Marshal in such form ahdde~ail as he may prescribe.
Application for limite~ burning permits shall be'Imdde at the Fire Department in
which the burning is to take place~
Sec. 6-2.6. Section 1.309 through 1.312 are hereby added to Said
Uniform Fire 'Codeto read as follows:
Sec. 1.309. P~rmits Required.
(a) A permit shall br~equired to install, alter or change,
unless otherwise herein noted, any fire h~drant system;=-fi~e extinguishing
syseem;~'~=fire alarm system; flammable liquid, hazardous chemical or compressed
gas installation.
(b) It shall beunlawful to operate, maintain or use any
institution until all state and local laws and regulations governing safety from
fire and ·panic have been satisfactorily complied with and a permit from the Fire
Marshal has been obtained for that occupancy. (For the purpose of this section,
an institution shall be, but is not limited to: Hospital; Children's Home;
Institution; Home or Institution for insane or mentally retarded persons; Home
or ~nstithtion for the care of aged or,senile person~;. Sanitarium; Nursing or
Convalescent Home; Certified Family Care Homes; out-of-home placement facilities;
HalfWay Houses; and Day Care Nurseries or similar facility of any capacity~)
,Sec. 1.310. Posting and Inspection.
· Every such-permit shall be posted on the premises'or Shall
be ke~t on file on the p~emises so a~ to'be readily available for inspection.
No p~rtion of any equipment intended tO be covered by earth
· or by enclosure within permanent portions of a building or structure shall be
enclosed until inspected and-approved. An inspection shall be requested prior to
covering or enclosing Of a~y such equipment. Such request shall be made not less
!than twenty-four (2~)lhours prior to the estimated time of inspection, and in no
case, later than 4:00 p.m. on the last working day prior to the requested date of
inspection. Such installation shall not be covered until after it has been
inspected by an authorized person%
When the construction or installation work is completed and
the appliance device, equipment or system is ready for operation or use, but
before being operated or used, a final inspection shall be ~equested. Such request
shall be made in the same manner asset forth above. Nolsuch appliance, device
.or equipment shall be used or operated until the installation has been approved
by the ·authorized person making the final inspection. No such appliance, device,
equipment or system-shall be used Until final acceptance has been granted by the
Fire Marshal.
Sec. 1,311. Authgrity to Require ExposUre orto Stop Work.
Whenever any installation is cove~red or concealed with6ut
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 re-
covering shall not entail any expense to the public entity. Whenever 'any construc-
tion or installation work is being performed in violation of the plans and
· specifications as approved by the Fire Marshal, a written notice shall be issued
to thelresponsible party to stop work on that portion of the work which is in
violation. The notice shall state the~nature of the ~iolation, and no work shall
be done on that portion until the violation has been corrected.
Sec. 1.312. Sale or Delivery without Perm'it.
No person ~halt sell, deliver or cause to be delivered, any
commodity t6 any person not in possession of a valid permit when such permit is
required by the provisions of this Code.
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Sec. 6-2.7. Section 1.405 of said Uniform Fire Code is hereby amended
by deleting therefrom the definitions of "Chief or~ Chief~'~_~
of the Fire Department" and "Chief of the Bureau of Fire Prevention", and
Section 1.408 is hereby amended by'deleting the definition of "Fire Chief",,and
Section 1.410 is hereby amended by amending the definition of "Hazardous Fire
Area" to read as follows:
"Haz r ous Fire Area" shall mean any land ~ich is so covered ad
· with grass, grain, brush or ·forest, whether'privately or publicly
owned, and which is ,so situated,~pr which is of~such inaccessible
location, that a fire originating upon such land would present an
abnormally dffficult jobof Suppression or would resultin great
and unusual damage by fire or resulting erosion. Hazardous Fire
A~ea shall be designated as here~after set forth in Appendix "E" of
this Code."
Sec, 6-2.8. 'Anhydrous ~monial
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 ~n accordance with ANSI-K61.1, Safety Requirements for the Storage
and Handling of Anhydrous Ammonia, 1966 Edition, is evidence that such anhydrous
ammonia is reasonably safe to persons and property.
Sec. 6-2.9. SUbsectiOn (f~ is hereby ladded to Section 10.103 of Raid Uniform Fire Code:'
Sec. 10.103 (f}. Exits Required. ~
Exits shall be provided and at all times maintained in,accor~
with the provisions of the,·current editfon Of the·Udiform Building Code as ad~pted
by reference by this City in Chapter 3 of the Saratoga City Code.
Sec. 6-2.10. Section 10.113~c) of said Uniform Fire Code is amended to read:
Sec. I0.113(c). Illumination of Signs.
Exit signs serving an occupant load of one hundred (100)
or more persons shall be lighted with two (2) electric lamps of not.less than
fifteen (15) watts each supplied by two (2) separate sources.
Sec, 6-2.1,~. Section 11.104(a)(7) of said Uniform Fire Code is added to read:
Sec. ll.104(a)'(7_~.~Permits Required.
To mahufacture, possess, store, sell or otherwise dispose
of gunpowder when in q~antities of over twenty (20) pounds of smokeless powder
or one (1) pound of black sporting powder.
Sec. 6-2.1~. Section llj106(b) of said Uniform Fire Code is amended to read:
Sec. ll.106(b). Rest~ilcted Locations.
The storage of explosives and blasting agents is prohibited
in the,principal business disfricts, closely-b~_i[~ conmnercial areas, and heavily
populated areas, ~xcept.for the following:
(1) Temporary storage for use in connection with
approved blasting operatxons.
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(2~ Wholesale and retail stocks of small arms
ammunition, explosive bolts, explosive rivets.
or cartridges for exploSive-actuated power
tools in quantities involving less than five
hundred (500) pounds of explosive material.
Sec. 6-2.'~3~O. All' of Article 12, "Fireworks", of said Uhiform Fire
Code is amended to read:
Sec. 12,101. Definitions.
The ~efinition of "Fireworks'!, "D~ngerous Fireworks" and
"Safe and Sane Fireworks", as defined 'by State Fireworks Law, Division,ll, Part 2,
of the California Health and Safety Code, govern the construction of this 'article.
Sec. 12.102. Permits Required.
Permits shall be obtained to:
(a) Manufacture, xmport, export, ~tore or sell
fireworks at wholesale or retail for any use,
including agricultural purposes or'wildlife
control.
(b) Discharge dangerous fireworks a~ any ~la~e,
including a public displayj'
(c) Transport fireworks, except by a public
carrier.
(d) Sell at retail any model rocket engine or
model rocket containing a model rocket engine.
(e) Operate a model rbcket launch site.
Seco 12.103. Sale of Safe and Sane Fireworks,
(a) Contents of Application_~
In addition to any other matters required, such appli-
cation shall be accompanied by the deposit of a bond issued by a duly authorized
corporate surety or by cash or its equivalent in the matter or some of ONE HUNDRED
DOLLARS ($100.00), the purpose of sucb deposit being to insure that any building,
facility or structure maintained, erected or constructed solely for the purpose
for which such permit was issued, including the seasonal sale of fireworks, will
be removed within seven (7) calendar days after the final date permitted by law
for such seasonal sales, whichever event occurs firse. Upon the failure to
occasion such removal within 'such period, City or its dhly authorized representa-
tive may cause such removal and charge the costs thereof against such bond or
deposit. Should such 'bond or deposit be insufficient, applicant or permittee
shall be liable for any difference in costs between the amount of the cash. or
bond and the actual cost of removal. Such application shall also be accompanied
by the written permission of the owner or lessee, or their agent, of the real
proper'ty upon which such building, ~acility or structure is or is to be located,
consenting to such removal. No application shall be accepted unless such items
are a part thereof.
(b) Gran~ or Denial o£ Application by City Council.
U~on proper applicatio~ being made therefore in accor-
dance wieh the State Fireworks Law, the City Council shall have the power in its
discretion to grant o~ deny the application, subject to ~uch reasonable conditions,
if any, as it shall prescribe, In connection with such 'application, the City
Council may set a reasonable date beyond which applicaefons will not be accepted
in order to allow property processing of applications received prior to such dates.
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(c) Cohditions of Permit.
Any such permit issued shall, in addition to any
other conditions imposed, automatically be subject to the following conditions:
(1) Permittee, within seven (7)' calendar day~
after the c~asing of the purpose for which the permit
was issued or within seven(7) calendar days after the
final date permitted. by law for the activity authorized
by the permit, shall cause to be removed at its sole
expense any building, facility or structure maintained,
erected or constructed solely for the purpose for which
such permit was issued.
(2) Permittee shall, in the event that City or
its duly authorized personnel cause the removal of such
building, facility or structure, reimburse City for any
costs incurred by it in causing such removal.
(d) ~mber of Permits~Allowed.
No permit shall be transferable to any other person
o~: to any other location,'and a separate permit~ust be obtained foe each location
as well as for each person.
(e) Insurance.
The permittee(s) shall submit documentary proof of
publicliability insurance of not less than $100,000/$300,000 and $50,000
property damage. The policy shall include coverage for the City of Saratoga,
its ~ployees and agents; and in addition, there shall'!be submitted proof of
products liabilityinsurance with minimum coverage of $300~000.
(f) General Requirements.
The following general requirements shall apply:
(1) No fireworks Sales stand'Shall be located
within twenty-five (~5).feet of any other building.
(2) The required setback distance from fireworks
sales stands to the front propertyline shall be as follows:
(a) Stands located in A or R ~oning districts
shall have a ten (10) foot.minimum setback from the
front property line.
(b) Stands located in commercial zoning
districts require no setback from fro~t property line.
(3) All dry grass, weeds and other combustible material
shall be cleared for a distance of not less than twenty-five
(25) feet in all directions from the sales stand.
(4) During sales hours no motor vehicles shall be parked
within ten (10) feet of any sales'stand.
(5) Sales stands containing fireworks shall besuper-
vised at all times. No person shall sleep or remain inside
any stand when it is not open for business.
(~Eadh sales stand shall ~e provided with one (1)
approved fire extinguisher having a minimum rating of 2-A.
The extinguisher shall be hung in a conspicuous, accessible
location so the top of the extinguisher is not more tR~n
five (5) feet above the floor or grade.
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(7) There shall be s maximum of two (2) adver-
tising signs per stand in addition to those on the
stand. Each sign shall not exceed thirty-two (32) sq~r~
feet in.size and shall not be plac~d where it obstructs
traffic.or poses a hazard.
(8) No sta~d shall be.located on property adjacent
to an expressway with acquired access control, except for
stands fronting on adjacent roadwayS, and where there is
permanent fence at least six (6) feet in height between the
stand and the expressway.
(9) Retail sales of safe and sane fireworks is
permitted only during the period 8:00 a.m. on the 30th
day of June through 12:00 midnight on the 4th day of
July of the same calendar year.
(g) Construction of Sales Stands.
(1) Stands shall be constructed of wood or metal.
The roof, rear'wall and ends shall be solid wood or-metal.
No stand, including signs, shall exceed 12 ft. in'over-all
height.
(2) Stan~ s~all be provided with at least one (1)
exitl having a minimum clear width of thirty (30) inches
and s minimum clear height of six feet six inches (6'6").
If the number of'persons inside the s~and does not exceed
ten (10), the minimum clear width may be reduced to twenty-
two (22) inches. Any stand with an enclosed area of two
hundred (200)square feet or more shall be equipped with a
minimumof two (2) exits meeting the'foregoing requirement.
(3) Display shelves in the front of the stand shall
be constructed in such a manner that ~all items~'i~a'~d~
are under glass or ot~er material approved by tHe'Fire'
Marshal.
(h) ~Persons Permitted in the Sales. Stand.
No person ~nder ~ghteenI~lS) years of age shall
be permitted in any~'~sa~s~-~s~tan~-~-~ L ~ ~.'-~'
~-~
(i) Sales RestricEed to Minors.
No fireworks shall be-sold to any person under'sixteen (16)
years of age, and legible signs setting forth the above restriction shall be'
conspicuously posted-on all fireworks sales stands.
(j) Instructions on Safe Handling and Discharge.
Instructions on the safe handling and discharge
of fireworks shall be distributed to every person purchasing fireworks, which
instructions shall be approved by the Fire Marshal prior to issuance of any permit
under Section 12.103(b) hereof.
Sec. 6-2.1~. Code Section 13,208 omitted.
Section 13.208 of Division II of Article 13 of said Uniform Fire
Code, regarding access for fire fighting equipment, is omitted.
Sec. 6-2.11~ ~tequate Water Supply.
Compliance with thelpublication "Guide for Determination of
Required Fire Flow" as published by the Insurance Services OffiCe shall be deemed
adequate, except for the following:
(1) Where water supplies available for fire protecti'on
do not meet the above r~quirements,-bUildings equipped throughout
with an approved automatic sprinkler 'system, .or dwellings and any
accessory buildings thereto located at'~least twenty (20) feet
from a property line, need not mandatorily comply with the pro-
visions of this section.
(2) Buildings in excess of three (3) stories or thirty-
five (35) feet in height or that require a fire flow in excess
of two thousand (2,000)-.gallons per minute'shall be equipped
throughout-with an appr0ved auto~atic~s~r. inkler system. For
the p~rpose of this subsection, dwellings with exterior walls
protected in accordance with the provisions of the Building
Code need not~comply.
Sec. 6-2.16'. Section 13.301(e) of said Uniform Fire Cod'e is added to read:
Sec. 13.301(e). Availability of Supply..
Hydrants shall be taken into account in determining whether
an adequate water.supply exists With reference to a given building. Otherwater
sour'~c~may be counted as contributing to said supply, if,~ in the' judgment of
th~h~ef of the' Fire Pro~ection District having jurisdiction, said source is
d~pendable, readily accessible, adaptable to use, andswithin'reasonable working
distance of~he building or portion thereof to be served by said source. No
source on private land adjoining the land to be developed 'shall 'be considered
to be readilyI accessible unless there shall be obtained the irrevocable and
unobstructed right to use the same upon'such terms as may be approved by-~he
Chief of the Fire Protection District .having jurisdiction.
Sec. 6-2.1~. Section 13.301(f) of said Unffor~ Fire Code is added to read:
Sec. 13'.301(f).'Access for Fire F'ightinM EqUipment.
Whenever.any hydrant or other appurtenanc~ for use b~ the
Fire Department is required~to beinstalled under the provisions of this section,
or whenever all or asubstan~ia~ part of any building or structure is Or becomes
in excess of one hundred fifty (150) feet from a safe and adequate access road
for fire fighting equipment, there shall b~ provided ~adequa~e provisions for
access to and from every such building, hydrant and appurtenance by fire fighting
equipment. Said access shall be in the'form of an improved permanently maintained
roadway or of an open paved area, or any combination thereof, designed, Iconstructed
and at all times maintained in such a manner ~hat therelshall be an access way
kept clear and unobstructedlat such grades and having sufficient width and height
clearance to permit ingress and egress by fire figheing equipment. The foregoing
shall not prevent the construction and ma~at'enance of temporary woodenor other
easily collapsible barricades across any privat~ road otherwise designated as an
access way for fire fighting equipment, which barridades are designed to prevent
access by other than emergency vehicles, where the same are approved by ~he City
and are capable of being knockedldown or otherwise promptly removed during times
of fire orother emergency.
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Sec. 6-2.1~. Section 13.301(g) of said Uniform Fire Code is added to read:
Sec. 13.301(g). Final Inspection.
No final inspection as to all or any portion of a development
shall be deemed completed until the installation of any required fire protection
facilities and accessways have been completed and approved.
Sec. 6-2.1,97. ,Section 13.301(h) of said Uniform Fire Code is added to read:
Sec. 13.301(h). Operation or Modification of Facilities.
Fire protection facilities, whether installed before or
after the effective date of this qode, may,be altered or repaired, provided that
such alteration or repairs-shall be carried out in conformity with the provisions
of this Code.
Sec. 6-2..2.~0_. Section.13.301(i) of said UnifOrm Fire Code is added to read:
Sec. 13.301(i). Access to Facilities to be Kept Open.
Whenever any on-site fire protection facilities or accessways
have been installed as provided in this Oode, either pursuant hereto or prior to
the effective date hereof, the following provisions shall be applicable.
(1) Hydrants - Parking Prohibited.
With respect to hydrants located along private
accessways where C~rbs exist, said curbs shall be painted red
or otherwise appropriately marked by the owner, lessee or other
person in charge of the premises to prohibit parking for a
distance of fifteen (15) feet in either direction from any such
hydrant. In such cases where curbs do not exist, there shall
be appropriate markings pained on the pavement, or signs erected,
or both, giving notice that parking is.prohibited for a distance
of fifteen (15) feet from any such hydrant. When such areas are
signed or marked as provided herein, no'person Shall park or
leave standing a vehicle w~thin' fifteen (15) feet of any such
fire hydrant.
(2) Access - Obstruction Prohibited.
"No owner Or lessee of the land, or propri%ter, partner,
officer, dire~tor,~manager or agent of any business or other
activity Carried on upon the land, shall, after receiving notice
thereof, permit, or otherwise allow, and no person shall cause any
activity, practice or conditionto occur orexist or continue to
exist upon said.land which shall Obstruct or impair the access
required to be maintained under Section 13.301(f).
(3) Access - Parking May be ~rohibited.
If in the judgment of the chief of the Fire Protection
District having jurisdiction it is necessary to prohibit vehicular
parking along private accessways in order to keep them clear! and
unobstructed, he may require the owner, lessee or other person in
charge of the premises to paint the curbs red or install signs or
give other appropriate notice to the effect that unattended vehicle
parking is prohibited. It shall thereafterbe unlawful for any
such owner, lessee or other person in charge to fail to install and
maintain in good condition the form o'f notice-so prescribed. When
such areas are marked or signed as provided herein, it shall be
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unlawful for any person to.park or leave standing an unattended
vehicle adjacent to any. such,'~[b marking or contrary to such sign.
Sec. 6-2.21~ Section 13.301 (i/~of said Uniform Fire Cod~ is added'-to read as follows:
Sec. 13.301<~). Temporary Facilities During Construction.
When fire-fighting ~acili~ies are required under the pro-
visions of this Code, such facilities shall be insta~d~and made serviceable
prior to and during construction, except that the Fire Marshal shall have authority
to permit alternate methods of protection of a temporary nature during such period
of time prior to installation of such permanent facilities, including the right to
modify or waive such requirement until sueh,~onstruction ls~ompleted.
Sec. 6-2.Z~. Section 13.3~g of said Uniform-Fire-C6de is hereb~ amended to read as follows:
Sec.-13.307. Fire Alarm Systems.
Any bu%lding or structure three or more stories in height
bh~ll have installed ihereln an approved automatic or manually operated' fire
alarm system, ~esigned to warn the occupants of the building,in'th~ event of fire.
The fire alarm system shall beso designed that all occupants of the building
may be warned simultaneously, and alarm enunciator panels'shall be provided in
such locationS' as required by the Fire Marshal. Installation, inspection and
maintenance of the system ~hall be-in accord 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 ~ethods 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:
(a) .Posting the telephgne number of the Fire
Department ~n a conspicuous and plainly visible location
near each telephone, and
(b) Assignment of a responsible person to call [he
Fire Department 6pon notification of any fire or the
activation of any fire alarm or sprinkler system for any
~ason, and
(c) Designation of areas where occupants are t~ be,
located after evacuation of the building.
Sec. 6-2.231. ~Section 13.309.1 of said Uniform F{re Code.is added
to read:
Sec. 13.3~.1. Detailed Requirements.
When an'approved automatic sprinkler system is installed in
conjunction with ~ fire alarm system, the automatic sprinkler system shall be
provided with a water flow device which shall cause activation of the fire alarm
signaling device.
~.Sec. 6-2.2~L Section 13.310(d) of said Uniform Fire Code is added ~to read:
Sec. 13~310(d). Separate Dry Standpipes N~t Required.
Sep~ratestandpipes may'be 6mitted in bhildings equipped throug~
'out with an approved automatic sprinkler system; howeverl hose connections for
Fire Department use, as outlined in Section 307~, National Fire Protection AssOciation
(hereinafter referred to as N.F.P.A.) Pamphle~-~Tr~. 13, shal, 1 be provided in all
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reqhired stair enclosures. The static pressure at hose connections shall not
exceed one hundred fifty (150) pounds per square inch.
Sec. 6-2.2'5'. SeCtion 13.311(a) of said Uniform Fire Code is'
a~ended to read:
Sec. t3.3t1(a). Wet Standpipe General -'Exception f.
(1) Wet standRipes are not requi~ed in buildings equipped
throughout with an automatic fire-extinguishing system. However, in buildings
less than four (4) stories in height, one and one-half. (1-1/2) inch National
Standard thread, valved connect'ions shall be provihed so that all portions of the
building are within two hundred (200) feet of the connections.
Sec. 6-2.2~.. Seetion. 13.31'2(d) of said Uniform Fire Code is
added to read:
Sec. 13.312(d). Separate CombinatiOn Standpipes Not Required.
.'Separate standpipes may be omitted in buildings equipped througbr
out with an approved automatic sprinkler system; however, hose connections for fire
department use, as'outlined in Section 3073, N.F.P.A. Pamphlet No. 13, shall be
provided in all required stair enclosures. Th~ static pressure at hose connections
shall not exceed one hundred fifty (15Q)_~ pounds per square inch.
Sec. 6-2.2~. Section 13.31j of said Uniform Fire Code is amended
to read:
Sec. 13.313. Fire Protection for Combustible Waste Material
Storage.
Standard automatic sprinkler protection shall be provided in
all rooms containing combustible wastO storage and above all combustible.waste
storage areas within ten (10) feet of a building or roof overhang in Grodps A, B,
C, D, E. F, G, H and g occupancies. Such sprinklers may be connected to the
domesrid water supply, provided.the ~iping fo~ domestic water supply and sprinkler
~iping is sufficient to supply the area and is provided, and an approved accessible
OoS. and Y. type shutoff valve-for each room or area. tf there is no ceiling, a
heat-baffle plate shall be pro~ide~ not more than six.(6) inezhes above the
sprinkler head. . .
Sec. 6-2.'2~ S~ction 13.314~(a) of said Uniform Fire Code is amended
to ~ead:
Sec. 13.3~4(a). Basement Pipe I~l&ts. Wh&n.=Required.
Basement pipe inlets shall be installed in the first ~roor
of every store, warehouse or factory having cellars or basements, except where
the cellar or basement is equipped with an automatic fire extinguishing system.
Sec. 6-2.29~. Section 13.315 of said Uniform Fire Code is added
to r~ad:
Sec. 13.315. .ExhauSt Hoo~ and Duct SysEems.
Exhaust hood and du~t systems bhall be protected in accord
with NFPA Pamphlet No. 96, 1971 Edition, and fire extinguishers'shall be provided
in accord with this Code. All hoods, ducts and fan housing shall be cleaned at
sufficient intervals, not less than once each thirty (30) days to prevent accumu~'?-
letion of grease therein.
Sec. 6-2.e. Section 15.101(c) of said Uniform Fire Code'is hereby
amended to read:
The storage, handling and dispensing of flan~nable and combustible
liquids shall be in accordance with N.F.P.A. Pamphlet No. ~0, "Flammable and Com-
bustible Liquids", except as may otherwise be provided in this Code or in other
- 13 -
laws or regulations legally in effect.
Sec. 6-2.31~. Section 1 of Sectiom 15.103 of said Uniform Fire
Code is amended to r~d:
Sec. 15.103. A person shall first obtain a permit forlany of
the following: ·
(1) The storage, handling or use of Class 1 flammable
liquids in excess of one (1) gallon within any dwelling or
other place of human habitation, or in excess of five (5)
gallons in any other building or other occupancy, or outside
of-any building or structure in a residential, conm~ercial or
professional administrative zoning district, except that no
permit shall be required for any of the following:
(a) For 'the storage or use of flammable liquids
in the fuel tank of a motor vehicle, aircraft, motor-
boat, mobile power plant, mobile heating plant, power
lawnm6~er, chain saw, or other items of mobile equip-
ment powered by flammable liquids.
(b) For the storage or use of paints, oils, varnishes
or similar flammable mixtures ~hen the same are stored
for maintenance, painting or simila~ purposes fora
period of not more than thirty (30) days.
(c) For the .storage of gasoline or other lautomobile
fuel or use in private p~ssenger automobiles, located in
a garage or separate ventilated accessory building located
upon the premises owned or under the control' of the person
or persons owning such motor vehicles, of not to exceed
containers, and'where there is no pilot light or other
open flame or source of combUstilon"in the same room or
larea of such storage. ~.
Sec. 6-2. Section 15.201(a) of said Uniform Fire Code is amended
to read:
Sec. 15.201(a). Restricted Locations.
The s[orage"of Class 1 flammable 'a~d combustible liquids in
above ground tanks outside of buildings is prohibited within any residential,
commercial or pr6~essional administrative zoning district.
Sec. 6-2.33~ Section 20.102(a)'of said Uniform Fire Code is amended
to read:
Sec. 20.102(a). Permits andSReports of Installations.
No person shall install or maintain any.liquid petroleum gas
container without a permit, except for the following:
(1) Containers less than 'ten (10) gallon water capacity, or
(2) Group I occupancies as defined by the Building Code.
Sec. 6-2.3~.. Section 26.162 of said Uniform Fire Code is'amended
to re=ad:
- 14 -
Sec. 26.102. Decorative Material.
All drapes, hangings, curtains, drops and all other decorative
material, including Christmas trees, that would tend to increase the fire and
panic hazard shall be made from I~on-flanmable material,.or shall be tre.ated and
maintained in a flame retardant condition by means of flame retardant solution
or process approved by the Fire Marshal. Exit doors, exit. lights, fire alarm
sending stations, wet standpipe hose c~binets, and fire extinguisher-location~
shall not be concealed or obstructed by any deco~atlve material
Sec. 6-2.31~. Code Section 26.r04 deleted.
Section 26.104 of Division I of Article 26 of said Uniform Fire
Code, regarding motion picture screens, is hereby deleted.,
Sec. 6-2.3gt. Section 27.101(a) of said Uniform Fire Code is amehded
Cto read:
Sec. 27.101(a). OutdOor Fires. Permit'Required.
No person. shall'kindle, build, light or maintain or cause
kindle, build, light or maintain any open or outdoor fire, whether of brush, trash,
rubbish, stubble or other flammable material, 'unless he first secures from either
the Fire Marshal, or the Fire Chief of the Fire District, or the State Division of
Forestry Officer having jurisdiction, a permit so to do, save and except that the
abov~ permit requirement shall not apply to outdoor Icharcoal barbecue fires in a
metal, brick, stone, mortar or other fireproof pit, nor to burning in an approved
residential incinerator.
Sec. 6-2.3~. Section 27..201(a) Of said Uniform Fire Code is amended
to read: - .
Sec. 27.201 (a). Accumulation of Waste Material.
No person owning, having charge of orcontrol .of any lot site
or parcel in the City, either as owner, lessee, tenant or otherwise, shall place
or maintain or cause or permit to be placed or maintained, 'any debris, paper, hay,
straN, grass clippings, weeks, rubbish, trash, waste products, petroleum, or
other combustible or flammable material which constitutes a fire hazard, nor
permit nor allow dry or drhing weeks, grass, brush, stubble or other flammable
vegetation to grow, remain or exist, within the space of ten (10) feet.immediately
adjacent to any building, fence or other structure composed of combustible
material, or any hedge, tree or other like substance standing or gro~ng upon
sucb land or the [and of another.
Any accumulation or growth xn violation of the foregoing i~
hereby declared to be a public-nuisance, and shall be abated b~ the owner of the
property, who is hereby required to remove and/ordestroy such accumulation or
growth within t~n (~0) days after .written notxce so to do .from the Fire Marshal
or the Chief of the Fire District having jurisdiction. Nothing herein contained
shall p~vent the Fire Marshal or 'any other authorized officer of the 'City from
summarily abating said nuisance. In the event, af[~r such notice, the owner of
said property fails or refuses to so abate the same in accord therewith, if
thereafter the City causes the 'removal, destruction or. other abatement, then and
in that event ~he cost and expenses of the same shall be a lien against the
property on which the nuisance was maintained and the personal obligation of the
property owner.
Sec. 6-2.3~. Section 27.205(c) of said Uniform Fire Code is added
to read:
Sec. 27.205(c). [~Use of Open Flameor Light Restricted.
No person shall'place or ma~nta{n, or' permit t6 be placed or
maintained, any lighted candle on any tree or shrub or use or maintain any candle
in any building or place in such a manner as to create a hazard to life or property.
Sec. 6-2.3~ Section 27,206 of said Uniform Fire
Code is added to read:
Sec. 27.206. Earthquake Barriers for Certain
Shelves.
Shelves used for the. storage of containers
of flammable or combustible liquids, corrosive or reactire
materials shall be provided with approved earthquake barriers.
See. 6-2j~l~Section 27.207 of said Uniform Fire Code
is added to read: ·
Sec. 27.207. Illegal Dumpin~ - 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
said premises, nor in anyevenmpOn 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.
Sec. 6-2.~1~:~' Section 27.415 of said Uniform Fire Code
is added to read:
Sec. 27..415. Protection of Gas Meters and Piping.
Approved barriers shall be installed to protect
gas meters, regulators, piping or other equipment from vehicular
damage.
Sec. 6-2~ Appendix "E" of sa~d Uniform Fire Code
is hereby amended by adding thereto the following additional
paragraph~_!,to read:
24. Ha~ar~.ous Fire Areas Designated.
--, ~' Ailhaza~douS~f~r~ ~reas~.~hall'~e'designated~
"bX the City'C0u~il~'~ith the advic~f,-the F{re'~Mars~al~ and. Chief
~-o~he~appllcabtetFi~e Pro6ec~ioni=D{~'t~i~; ~d~sh~li 'be~e~lished
~b~7~ei~her.~ordin~c~o~- resotuU{~dn ~pdeifi~dt~l~e~e~in~ tO' ~nd
,~aop~in~a~m~r~p~=_so_d~ineating_the=same.i~
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 ~ith the Clerk of this City for use and
examination by the public, and which Maps are hereby speci-
fically referred to and incorporated herein by reference.
-16 -
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 said Maps do con~
stitute hazardous fire areas within the terms and meaning
of the definition thereof hereinbefore set forth in this Code.
The hereinabove 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.
25. Exceptions.
(a)~. The prohibitions of Paragraphs 6, 10,
11, 12, 13, 14>and 16 of this Appendix "E" shall not be
applicable to any Subdivision lot or building site in a
residential zoning district located within a hazardous fire
area which has a dwelling located thereon, but all other
regulations of this Code otherwise applicable to such use
or activity shall continue to be applicable thereto.
(b) The prohibitions of Paragraphs 4, 20,
21 and 22(b) shall not be applicable against the owner or
legal possessor of the property within the hazardous fire
area or his duly authorized agent.
(c) The prohibitions of Section 9 shall
not include possession and use of firearms and firearms
ammunition in a hazardous fire area if otherwise permitted
by law.
26. Roof. Coverings - New Construction.
All buildings and structures hereafter erected
of constructed in a hazardous fire area shall have roof cover-
ings which shall be fire-retardant, or any Class C prepared or
built-up roofing, or if cedar or redwood shakes or shingles,
then the same shall be constructed in accordance with the
following requirements:
(a) Wood Shakes. Special purpose wood
shake roofing shall conform to grading and application require-
ments of Chapter 32 of the Uniform Building Code for shakes.
In addition, the deck shall be constructed of 5/8-inch plywood
with exterior glue of 1-inch nominal T and G boards, overlaid
with a layer of approved asbestos felt lapped 2 inches on the
horizontal and vertical joints. An 18-inch wide strip of the
same asbestos felt shall be shingled in between each course
of shakes in such manner that no felt is exposed to the
weather below the shake butts.
(b) Wood Shingles. Special purpose wood
shingle roofing shall conform to grading and application
requirements of Chapter 32 of the Uniform Building Code for
shingles. In addition, the deck whether of spaced boards or
solid, shall be overlaid with a layer of approved asbestos
felt lapped 2 inches on the horizontal and vertical joints.
(c) Asbestos Felt. Approved asbestos felt
for special purpose roofing shall weigh not less than 12 pounds
per 100 square feet, be not less than .022-inch in thickness,
non bituminous saturated, containing a fire and water-retardant binder, and
reinforced with glass fibres running lengthwise of the sheet not more than 1/4
inch apart.
(d) Wood Shakes or Shingles with Gypsum Board
Underlayment. Special purpose wood shake or wood shingle
roofing shall conform to the grading and application require-
ments of Chapter 32 of the Uniform Building Code. In addition,
an undertayment of 1/2.inch Type X gypsum board shall be
placed under the.solid or spaced sheathing.
~27.,~!Roof Coverings -~ Reconstruction.
The requirements of Paragraph 26 above shall also be
applicable to all existing buildings and structures located in a hazardous fire
area, in the e~ent that an existing roof is damaged or destroyed by fire or other
calamity to the extent of 50% or more of the area of such roof.
Sec. 6-2.43: Section 7 of Appendi~ 'rE" of said Uniform Fire Code is
hereby amended to read:
7. Chimney Spark Arrestors - New Construction.
Each chimney used in conjuetion with any fireplace, barbecue,
incinerator or any heating appliance in which solid or liquid fuel is used, upon~
any building or structure hereafter erected or constructed in a hazardous fire
area, shall be constructed and maintained with a spark arrestor made of heavy
mesh of wire or other non-combustible material, with openings not to exceed 1/2
inch.
Section 3~Sed. 6-2.13 of this Ordinance which amends all of Article 12
of the Uniform Fire Code, shall be operative to and including
July 15, 1975 and shall no longer be effective for any purpose from and after said
date. Commencing July 16, 1975 all of Article 12, entitled "Fireworks" of said
Uniform Fire Code, as originally set forth in said code shall be in full force'
and effect as if the same had never been amended. The purpose of this provision
is to pr?vide, inter alia, that from and after July 15, 1975 it shall be unlawful
for any personto possess, store, sell or offer to sell at wholesale or retail
any safe and sane fireworks as is otherwise permitted until said date by virtue
of Section 6-2.13 of this Ordinance.
Section 4: Insofar as any of the provisions of this Ordinance 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 & Safety Code Section 17922 and heretofore
adopted, as modified, by this City, and contained in Chapter 3 of 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 modifications 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 ot Health & 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 ..
said finding together with a copy of this Ordinance with the Department of
Housing and Community Development of the State of Catifornia.~
Section 5: If any section, subsection, sentence, clause or'phrase of
this Ordinance is for any reason held by a court of competent
jurisdictioh to beinvalid, such decision shall not affect the ~alidit~ of the
remaining portions of this Ordinance. The City Council of the City of Saratoga
- 18-
hereby declares that it would have passed this Ordinance and each section, sub-
s~ction, sentence, clause and phrase thereof, irrespective of the fact that any
.one or more sections, subsections, sentences, clauses or phrases to be held
invalid or unconstitutional.
Section 6: This Ordinance shall' take effect and be in full force and
effect thirty (30) days after the date of its passage and
adoption,' and on such date shall supersede Emergency Ordinance 3-E.12.
This Ordinance was regularly introduced on the 4th day of September ,
1976, at which time the title of the same was read, together with the title of
the Code adopted hereby, ~nd thereafter on the' 18th day of September , 1974,
a public hearing was.held thereon pursuant to Government Code Section 50022.3 of
the State of California, and after the close of said public hearing, the same was
thereafter passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 18th day of September , 1974, by the following
AYES: Councilmen Smith, I~righam, Kraus, Dir|don & Brldg~.s
NOES: Ndn~
ABSENT: NO~
'~ 2" ,,, ,~,
The above and foregoing i true and cofre~
copy of Ordinance 'J2, ~ .which has been
published according to law.
Deputy City Clerk Date