HomeMy WebLinkAboutCity Council Resolution 02-099RESOLUTION NO. 02-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE CALIFORNIA FIRE CODE
ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the
California Fire Code pursuant to Health and Safety Code Section 17922 applicable to all
occupancies throughout the state and effective one hundred eighty days after publication
by the California Building Standards Commission ("Commission"), or at a later date
established by the Commission; and
WHEREAS, Health and Safety Code Section 17958 permits cities to amend the
requirements of the California Fire Code in accordance with Health and Safety Code
Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting
provisions of the California Fire Code to make such changes in such provisions as the
city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably
necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making
changes pursuant to Health and Safety Code Section 17958.5, must make an express
finding that such changes are reasonably necessary because of local climatic, geological,
or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings,
and the changes, have been filed with the California Building Standards Commission;
and
WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, the City Council of the City of Saratoga (the City Council) has adopted by
reference the provisions of the California Fire Code; and
WHEREAS, the City Council has reviewed the reasons for proposed changes to the
California Fire Code set forth in Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare
and find that the changes to the provisions of the California Fire Code set forth in Exhibit
A are reasonably necessary because of local climatic, geological, or topographical
conditions in accordance with Health and Safety Code Section 17958.7; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including Exhibit A,
shall be filed with the California Building Standards Commission in accordance with
Health and Safety Code Section 17958.7.
PASSED, APPROVED AND ADOPTED this 18th day of December 2002, by the
following votes.
AYES: Councilmembers Kathleen King, Norman Kline,
Vice Mayor Ann Waltonsmith, Mayor Nick Streit
NOES: None
ABSTAIN: None
ABSENT: Councilmember Stan Bogosian
MAYOR
EXHIBIT A
FINDINGS REGARDING LOCAL CLIMATIC, GEOGRAPHIC, AND
GEOLOGICAL CONDITIONS IN THE CITY OF SARATOGA
The City of Saratoga is situated adjacent to active earthquake faults capable of
producing substantial seismic events. These are the San Andreas fault and secondary
faults known as the Berrocal and Shannon fault systems. Since the City is divided by a
major freeway, the occurrence of a major earthquake would significantly impact the
ability of fire crews to respond to emergencies if one or more overpasses and/or
underpasses were to collapse or if the vertical movement of some roadways were to
render surface travel unduly difficult or impossible. Other emergencies that could occur
as a result of a seismic event in the City of Saratoga include: fires caused broken gas
mains, people requiring rescue from collapsed structures, and many people requiring first
aid or other medical attention.
In addition, the City of Saratoga experiences low humidity, high winds and warm
temperatures during the summer months, creating conditions which are particularly
conducive to the ignition and spread of grass, brush and structure fires. The remoteness
and steepness of hillside areas in many parts of the City significantly impacts the ability
of emergency responders to extinguish or control wildland or structure fires. Therefore,
specific measures are necessary to mitigate these conditions and minimize the risks to
persons and property due to potential response delays and difficulties. These mitigations
include automatic fire suppression systems, additional fire hydrants, detection/alarm
systems, limitations on the amount and method of storage for flammable liquids and other
safety controls.
In light of the foregoing local conditions, the following amendments to the
California Fire Code are reasonably necessary to protect life and property in the City of
Saratoga due to the potential for local and regional catastrophic seismic events or
wildland fires:
Section 103.3.2.4 Final Inspection
Section 103.3.2.4 is added to the California Fire Code, to read as follows:
103.3.2.4 Final Inspection. No final inspection as to all or any portion of a
development shall be deemed completed until the installation of the required fire
protection facilities and access ways have been completed and approved. No final
certificate of occupancy may be granted until the Fire Department issues notice of
final clearance to the Building Department.
Section 103.4.7 Abatement of Hazard
Section 103.4.7 is added to the California Fire Code, to read as follows:
103.4.7 Abatement of Hazard.
(a) The maintenance of real property in violation of this code, or of any order of
the Fire Department pursuant hereto, is declared to be a public nuisance and is
subject to abatement in accordance with Article 3-15 of the Saratoga Municipal
Code.
(b) Notwithstanding paragraph (a) of this Section, if real property is maintained in
violation of this code or any order of the Fire Department pursuant hereto and
such violation constitutes, in the opinion of the Fire Chief, a fire hazard of such a
nature that immediate action is required to protect the public health, safety and
welfare, the Fire Department may apply the emergency nuisance abatement
procedure set forth in Article 3-20 of the Saratoga Municipal Code and take all
necessary and immediate steps to abate the hazard without prior notice to the
owner or occupant of the property. In such an event, the Fire Chief shall perform
the duties of the City Manager as described in said Article 3-20.
(c) The cost of any abatement may be collected through the levy of a special
assessment in accordance with the applicable provisions of Article 3-15 or Article
3-20 of the Saratoga Municipal Code. Such procedure is not intended to be
exclusive and the City or the Fire Department may simultaneously or
successively, exercise any other rights and remedies provided by law.
Section 105.2.1.1 Permit Fees
Section 105.2.1.1 is added to the California Fire Code, to read as follows:
105.2.1.1 Permit Fees. The 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 schedule shall be
maintained in the office of the Building Official and such other locations as may
be deemed necessary for public inspection.
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Section 105.8 c.7 Compressed Gases
Section 105.8 c.7 of the California Fire Code is amended as follows:
c.7. Compressed gases. To store, use or handle at normal temperatures and
pressures compressed gases in excess of the amounts listed in Table 105-A~
install anv Wiped distribution svstem for compressed eases or to install a non-
flammable medical eas manifold svstem..x'~~a~_~°°~d--gases-ir.~s~o=
..«,._..,.o e ,,.a «,,,. ,. ...« r...«,,,, :.. T..,.,e , nc n °A permit is required to install,
repair, abandon, remove, place temporarily out of service, close or substantially
modify a compressed gas system.
EXCEPTIOlYS: 1. Routine maintenance.
2. For emergency. repair work performed on an emergency basis,
application for permit shall be made within two working days of
commencement of work.
3. Inert and simple asnhvxiants at or below the amounts listed in Table
105-A.
The permit applicant shall apply for approval to close storage, use or handling
facilities at least 30 days prior to the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall include any change or
alteration of the facility closure plan filed pursuant to Section 8001.13. This 30-
dayperiod may be waived by the chief if there aze special circumstances requiring
such waiver.
Section 105.8 c.9 Cryogens
Section 105.8 c.9 of the California Fire Code is amended to read as follows:
c.9. Cryogens. Except where federal or state regulations apply and except for fuel
systems of the vehicle, to produce, store or handle cryogens in excess of the
amounts listed in Table 105-B, or to install a crvoeenic vessel or ninine svstem
fir the storage or distribution of crvoeens. See Article 75
Section 105.8 d.3 Day Care Facility
Section 105.8 d3 is added to the California Fire Code, to read as follows:
d3. Day care facility. To operate a business as a day care facility for more than
6 people.
Section 105.8 f.6 Fire Protection Systems
Section 105.8 f.6 is added to the California Fire Code, to read as follows:
f 6. Fire protection systems. To install, alter or change any fire hydrant system,
fire extinguishing system or fire alarm system.
Section 105.8 i.l Institutions
Section 105.8 i.l is added to the California Fire Code, to read as follows:
i.1. Institutions. To operate, maintain, or use any institutional type occupancy.
For the purpose of this Section, an institution shall be, but is not limited to:
hospitals, children's home, home or institution for insane or mentally retarded
persons, home or institution for the care of aged or senile persons, sanitarium,
nursing or convalescent home, certified family care homes, residential care homes
for the elderly, out of home placement facilities, halfway house, and day care
nurseries or similar facility of any capacity.
Section 105.9 Permit Fees
Section 105.9 is added to the California Fire Code, to read as follows:
105.9 Permit Fees. For activities within the area served by the Santa Clara
County Fire Department, fees shall be paid to that Department in accordance with
the fee schedule established by the department. For activities within the area
served by the Saratoga Fire District, fees shall be paid to that District in
accordance with the fee schedule established by the District. Copies of the
applicable fee schedules shall be available for public inspection.
The fee schedule established by the Santa Clara County Fire Department is as
follows:
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ONE TIME FEE
1. Permit fees and plan review fees for fire hydrant systems, fire
extinguishing systems, fire alarm systems shall be charged in
accordance with Section 107 of the Building Code. For the
purposes of determining the fee amount, the total valuation shall
be limited to the value of the system for which the permit is
being issued.
2. Additional reinspections $30.00 each
3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. $85.00
(or for each permit)
4. Job site consultation as determined by the Fire Chief $50.00 Man Hour/1
Hour Minimum
ANNUAL FEES
1. Institutional permits
A. Over 50 ersons 100.00Q,
B. More than 6 persons 75.0099
2. Da Care Facilities
More than 6 clients 35.00$40-00
3. Places of Assembly
A. 50-300 ersons 50.00$F>0-9A
B. Over 300 ersons 85.00$190-08
Section 219-R Refrigerant Circuit
Section 219-R of the California Fire Code is amended to add a definition for
"refrigerant circuit", to read as follows:
REFRIGERANT CIRCUIT shall consist of all portions of a system that
contain refrigerant.
Section 1003.1.2 Standards
Section 1003.1.2 of the California Fire Code is amended as follows:
1003.1.2 Standards. Fire extinguishing systems shall comply with the Building
Code. ;coe r ror c«.,„a,,.a n ~ ~ Fire sprinkler svstems required by the Buildin_ e
Code or Fire Code as herein amended. shall be installed in accordance with
National Fire Protection Association (NFPAI Standards as referenced in the
Buildine Code, and Fire Department Standards
EXCEPTIONS: 1. Automatic fire-extinguishing systems not covered by
the Building Code shall be approved and installed in accordance with
approved standards.
2. Automatic sprinkler systems maybe connected to the domestic water-
supply main when approved by the building official, provided the
domestic water suupply is of adequate pressure, capacity and sizing for the
combined domestic and sprinkler requirements. In such case, the sprinkler
system connection shall be made between the public water main or meter
and the building shutoff valve, and there shall not be intervening valves or
connections. The fire department connection may be omitted when
approved.
3. Automatic sprinkler systems in Group R Occupancies four stories or
less may be in accordance with the Building Code requirements for
residential sprinkler systems. (See UBC Standard 9-3.)
Section 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems
Section 1003.1.3 is added to the California Fire Code, to read as follows:
1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a
fire alarm system or fire sprinkler monitoring system is installed in a building, the
system shall monitor all fire extinguishing systems including, but not limited to,
commercial kitchen extinguishing systems, clean agent systems, C02 systems,
dry chemical and foam systems. When a fire alarm system is installed, activation
of any fire extinguishing system shall send an alarm signal to the system control
panel and initiate the alarm signaling devices.
Section 1003.2.2 All Occupancies
The title and first sentence of section 1003.2.2 of the California Fire Code are
amended as follows:
1003.2.2 All Occupancies e'- °• r..,. ., n n:..:..:,... z ....a r..,...~ r.
9ceupRncies. ~x ~r ~: n "i.. ^ ~ „a r_. .. r r n,. ~ An
cps ::p .~, .~ ",
automatic sprinkler system shall be installed in all occupancies. as follows:
Section 1003.2.2, items 6-9, All Occupancies
Section 1003.2.2, items 6-9, are added to the California Fire Code, to read as
follows:
6. In all new buildings where the fire flow for the building, in accordance with
Appendix III-A, exceeds 2,000 gallons per minute or the building is three (3) or
more stories in height or the floor area exceeds 10,000 square feet.
7. Throughout all existing buildings when modifications are made that increase
the fire flow, in accordance with Appendix III-A, to more than 2,000 gallons per
minute or increase the number of stories to three (3) or more or increase the floor
area to more than 10,000 square feet.
8. In all new buildings located in the designated Hazardous Fire Area.
EXCEPTION: Accessory structures to single family residences that aze
500 square feet or less.
9. Throughout all existing remodeled buildings located in the designated
Hazardous Fire Area.
EXCEPTION: When additions of 500 square feet or less are made to the
original permitted structure.
Section 1107.3 Immersion Heaters
Section 1107.3 is added to the California Fire Code, to read as follows:
1107.3 Immersion Heaters. All electrical immersion heaters used in dip tanks,
sinks, vats and similar operations shall be provided with approved over-
temperature controls and low liquid level electrical disconnects. Manual reset of
required protection devices shall be provided.
Section 5202.3.7.1 Size
Section 5202.3.7.1 of the California Fire Code is amended as follows:
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5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a
2.000-gallon individual or 6 000-gallon AQ,""
"41~ aggregate capacity. Tank installations having the maximum
allowable aggregate capacity shall be separated from other installations of
protected abevegretmd tanks by not less than 100 feet (30 480 mm).
Section 6301 -Scope
Section 6301 of the California Fire Code is amended as follows:
SECTION 6301 -SCOPE
Refrigeration unit and system installations having a refrigerant circuit containing
more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other
group refrigerant shall be in accordance with Article 63 and the Mechanical Code.
See Annendix VI-J'"~ ^~~°"°~~°°' r,.a,, for refrigerant group descriptions. See
also Sections 8001.1.2 and 8002.
EXCEPTION: The chief is authorized to exempt temporary or portable
installations.
Section 6303 -Definitions
Section 6303 of the California Fire Code is amended as follows:
SECTION 6303 -DEFINITIONS
For definitions of IM[~4EDIATELY DANGEROUS TO LIFE AND HEALTH
(IDLH), LOWER FLAMMABILITY LIlVIIT (LFL), PERMISSIBLE
EXPOSURE L1MIT (PEL), and REFRIGERANT and REFRIGERANT
CIRCUIT, see Article 2. For refrigerant groups, see Annendix VI - J t-he
r^~~.
Section 6404.6 Ventilation
Section 6404.6 of the California Fire Code is amended as follows:
6404.6 Ventilation. Ventilation shall be provided in accordance with the
Mechanical Code and the following:
1. The ventilation system shall be designed to limit the maximum
concentration of hydrogen to 1.0 percent of the total volume of the room in
accordance with nationally recognized standards, or
2. Continuous ventilation shall be provided at a rate of not less than 1
cubic foot per minute per square foot ~5-3-n33~s ~e~t~j of floor area of the room.
Failure of the ventilation svstem shall initiate a local alarm and transmit a sivnal
to a constantly attended station or automatically disenvave the charginv svstem
Section 7902.2.2.1 Locations where aboveground tanks are prohibited
Section 7902.2.2.1 of the California Fire Code is amended as follows:
7902.2.2.1 Locations where aboveground tanks are prohibited. Storage of
flammable or combustible r'^^~ liquids in aboveground tanks outside of
buildings is prohibited within the limits established by law as the limits of
districts in which such storage is prohibited. ~Q^^ ^^-~~'~ ,.,,,...'".., ~~a~~~~^°
r°
EXCEPTIONS• 1 Double-wall steel aboveground tanks may be u_ sed for
~e storage of diesel fuel for Hower generators or fire Humps where
annroved by the chief. The tanks shall be listed and limited t_o_a canacity
of 660 gallons Such tanks shall be located a minimum often (101 feet
from anv buildinv or nronertv line of a nronertv which is or can be built
upon unless protected by a two-hour (2-hourl fire resistive wall. without
openings that extends not less than 30 inches above and to the sides of the
tank.
2 Protected aboveground storage tanks may be used for storin digesel
fuel for power venerators or fire Humps where approved by the chief
Such tanks shall not exceed 4.000 vallons individual canacity or 16.000
gallon avvrevate canacity. Tanks with capacities of 661-4.000 vallons
shall be located a minimum often (101 feet from anv building and fifteen
(151 feet from a nronertv line of a nronertv which is or can be built upon.
unless nrotected by a two-hour (2-hourl fire resistive wall. without
openings that extends not less than 30 inches above and to the sides of the
tank.
3 When approved by the chief. aboveground storave tanks may be used
for dispensing fuel for motor vehicles Such tanks shall be installed and
maintained in accordance with Article 52.
Section 7904.2.5.4.2 Locations where aboveground tanks are prohibited
Section 7904.2.5.4.2 of the California Fire Code is amended as follows:
7904.2.5.4.2 Locations where aboveground tanks are prohibited. The storage
of flammable or combustible C'~~-.~- liquids in aboveground tanks is
prohibited within the limits established by law as the limits of districts in which
such storage is prohibited. ,
EX EPTION: Aboveground tanks may be used for storage of
flammable or combustible liauids to the extent allowed by Section
__
7902.2.2.1. Excentions 1-3.
Section 8202.1 Permits and plans
Section 8202.1, third paragraph, of the California Fire Code is amended as
follows:
8202.1 Permits and plans.
Where a single container has a water capacity equal to or greater than 125 gallon
.. ~ nnn ,.,.n,.., i~c~i r ~ :.~tcr cwpwc: or multiple containers have an
aggregate water canacity eaual to or greater than 250 gallons t'~° ~~~~-°'~
ao--a--
,the installer shall
submit plans for such installations.
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