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HomeMy WebLinkAbout101-Staff Report and Ordinance.pdf SARATOGA CITY COUNCIL MEETING DATE: August 17, 2011 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone SUBJECT: Ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. RECOMMENDED ACTION: Adopt attached ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non- combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. REPORT SUMMARY: At its meeting of July 6, 2011, the City Council introduced and waived the first reading of the attached ordinance exempting from automatic sprinkler system requirements parking structures made from non-combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Council directed that the ordinance be placed on the consent calendar for adoption at the August 17, 2011 meeting of the City Council. BACKGROUND: In 2010 the City adopted amendments to the State Fire Code requiring sprinkler systems to be included in all new construction with certain exceptions. This was based on the recommendation of local fire officials due to high fire hazard conditions in the area. In the course of designing the carports to support the solar panels in the City’s corporation yard, staff became aware that the new requirements are broad enough to include simple parking structures such as those required for the solar panel supports. Upon investigation staff learned that other jurisdictions, such as the City of Livermore, Napa County, San Mateo County, and Santa Rosa have exempted low fire hazard parking structures from the sprinkler requirements. After consulting with local fire officials, staff has prepared the attached amendment to the City Code to exempt low risk parking structures. The attached ordinance would exempt from the sprinkler requirements single-level parking structures that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. These are similar to exemptions in other jurisdictions and will ensure that the structure’s design poses little fire risk. There were no comments from the public during Council’s consideration of the measure on July 6, 2011. FISCAL IMPACTS: No impact. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will continue to require sprinkler systems for all parking structures. This will increase the cost of such structures. In the case of the parking structures to support the solar panels, preliminary estimates are that the sprinkler system would add approximately $20,000 to the cost. ALTERNATIVE ACTION: Adopt different standards for structures eligible for the exemption. FOLLOW UP ACTION: Place the ordinance on the consent calendar for adoption at the next City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of the item was published in the Saratoga News on June 28, 2011. ATTACHMENTS: 1. Proposed Ordinance 1 Ordinance No. __________ An Ordinance Amending the Fire Code for the City of Saratoga. THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares that the City has adopted Residential Building and Fire Codes for the City of Saratoga that are more restrictive than State law by requiring the installation of automatic sprinklers in most newly constructed structures in the City. After consultation with local fire officials the City has determined that these requirements are unnecessary for carport structures which are constructed of noncombustible materials and are located at a distance from adjoining structures and properties. Section 2. Adoption. Section 16-20.110 of the Saratoga City Code concerning automatic sprinklers is amended as shown below (text to be added is shown in bold double underline (example) and text to be deleted is shown in strikeout (example); text in regular font is unchanged by this ordinance): 16-20.110 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems (a) Section 903.2 is amended to read: 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exceptions: a. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy garages as regulated in Section 903.2.19) and structures that do not 2 exceed 1,000 square feet of building area and that are not located in the Wildland- Urban Interface Fire Area. b. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy garages as regulated in Section 903.2.19) and structures that are located in the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building area. c. Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 2. An automatic sprinkler system shall be provided throughout existing buildings and structures, when additions are made that increase the building area to more than 3,600 square feet. Exceptions: a. A one-time addition to an existing building that does not total more than 1000 square feet of building area. b. Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 3. An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50%. (b) Subsection 903.2.19 is added to the Fire Code to read as follows: 903.2.19 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 3 Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equaling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 200 or more square feet or thirty-three or more percent of the original size, whichever is less. Exception: Single-level parking structures for one or more vehicles that are (i) open on at least three sides; (ii) constructed of non-combustible materials; (iii) located at least 20 feet from the closest portion of any other structure and at least 10 feet from the closest property line; and (iv) not connected to a covered pedestrian walkway extending from a building. The area of a garage shall include all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. 4 Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected to audible warning devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. (c) Section 903.1.1 is amended to read: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards. 1. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group (d) Section 903.3.1.2 is amended to read: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height , automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R and local standards. (e) Section 903.3.1.3 is amended to read: 5 903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings and townhouses shall be installed throughout in accordance with NFPA 13D and local standards. (f) Section 912.2 is amended to read: 912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the building for other fire apparatus. The location of fire department connections shall be approved by the fire code official. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. - Continued Next Page - 6 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of July 2011, and was adopted by the following vote following a second reading on the 17th day of August 2011: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ Howard A. Miller MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ __ Ann Sullivan CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY