HomeMy WebLinkAbout11-15-1995 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. � AGENDA ITEM 7/4
MEETING DATE: November 15, 1995 CITY MGR.,
ORIGINATING DEPT. FINANCE
SUBJECT: SELECTION OF REVENUE ENHANCEMENT CONSULTANT AND APPROVAL
OF RELATED RESOLUTIONS
Recommended Motion(s): Approve the selection of Municipal Resource
Consultants (MRC) to provide sales tax audit and progressive
revenue services, authorize the City Manager to execute the
agreement, approve resolutions) designating MRC as the authorized
City Representative for performing duties required to carry out the
agreement and approve a resolution amending the Fiscal Year 1995/96
Budget.
Report Summary:
Background- As part of the City's overall effort to operate within
a balanced budget, a great deal of emphasis has been placed on
ensuring that all revenues, to which the City is entitled, are
received and that future revenues are accurately forecasted. To
that end, staff engaged in a process of identifying and reviewing
proposals from consultants that provided comprehensive revenue
enhancement services which promote increased revenues through
specialized and complex audit procedures that detect and correct
errors and advance the City's present capabilities in forecasting
future revenues. Finally, staff desired a contingency fee
arrangement that compensated the consultant only in the event that
recoveries occurred. Accordingly, not a single penny is expended
until the City receives offsetting revenues.
After consultation with the League of California Cities, California
Society of Municipal Finance Officers and other municipalities, two
firms were identified as having the requisite experience, skills
and abilities to assist the City in this area. Those firms were
MRC and Hinderliter, de Lamas & Associates (HdL).
A summary of revenue enhancement services was provided to the
Finance Advisory Committee for review and discussion and they
recommended engaging a consultant to provide said services.
Discussion- Following the analysis and review of proposals provided
by MRC and HdL, staff concluded both firms were well qualified to
perform the requested work. However, there were subtle, but
distinct, differences between the two firms. Those distinctions
are in the following areas: services, use of subcontractors, firm
resources and compensation. With respect to services, only MRC
offers a complete review of local taxes and franchise fees (despite
being listed in their proposal, HdL's references informed staff
that their franchisee fee audit program is still under
development). Only MRC uses all in -house staff and is not reliant
on subcontractors to perform aspects of the engagement (the City
should expect to expend fewer resources managing and monitoring the
agreement with MRC). MRC is roughly three times the size of HdL,
when measured by clients and employees. More importantly, MRC's
computer resources are significantly more advanced than HdLs (an
important consideration when results are dependent upon the ability
to process and analyze large amounts of data). Finally, the
compensation rates are very competitive between the firms over the
life of the agreement. However, MRC's compensation sunsets after
12 quarters on several on -going revenue sources. Conversely, HdL's
proposal did not include the sunset language.
The schedule below highlights the anticipated annual recovery and
related compensations costs between the two firms:
MRC
Potential annual recovery:
HdL
Property tax
$ 3,000
$ 3,000
Sales tax
20,000
20,000
TOT
1,000
0
WT
15,000
15,000
DTT
1,000
1,000
Business license
5,000
5,000
Franchise fee
5,000
- - - - - --
0
- - --
Subtotal
50,000
- - -
44,000
Compensation costs:
Contingency based compensation
12,500
8,400
Reports
2,000
- - - - - --
3,900
- - - - - --
Subtotal
14,500
12,130
Net return to City
$35,500
$31,870
Based on staff's review of the proposals, the recovery analysis
above and reference checks on consultants, it is recommended that
Council select MRC to perform revenue enhancement services for the
City.
As part of Council's implementing action, Council should authorize
the City Manager to execute the agreement, approve resolution(s)
authorizing MRC to act as the City's representative for purposes of
carrying out the duties required in the agreement and approve a
resolution amending the Fiscal Year 1995/96 Budget for the
additional anticipated revenues and related compensation costs.
The agreement with MRC has been reviewed by the City Attorney and
his approval as to form has been included with MRC's
proposal /agreement.
Copies of HdL's proposal is available for review in the Finance
Director's office.
A Budget Resolution Supporting Worksheet and Resolutions Approved
Schedule have also been prepared for your consideration.
Fiscal Impacts: Overall revenues increase by $25,000.00, overall
expenditures increase by $7,250.00 and the net impact to the
General Fund balance as a result of these amendments is a
$17,750.00 improvement. All amounts represent one half of the
anticipated annual total due to the start date of the engagement.
Follow Up Actions: Execute agreement with MRC.
Consequences of Not Acting on the Recommended Motions: The City
would not retain the services of a consultant and revenue
enhancement services which promote increased revenues through
specialized audit procedures would not be provided on a contingency
fee basis. Furthermore, the City's present capabilities in
forecasting future revenues would not be advanced.
Attachments
1. City Attorney's Approval as to Form of Proposal /Agreement
2. Proposal /Agreement with Resolution Designating MRC City
Representative
3. Resolution Amending 1995/96 Budget
4. Budget Resolution Supporting Worksheet
5. Resolutions Approved Schedule
c: \execsumm\exsmll07.95
MEYERS, NAVE, RIBACK, SILVER & WILSON
MICHAEL R. NAVE
A PROFESSIONAL LAW CORPORATION
STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
GATEWAY PLAZA
KENNETH A. WILSON
777 DAVIS STREET, SUITE 300
CLIFFORD F. CAMPBELL
MICHAEL F. RODRIQUEZ
SAN LEANDRO, CALIFORNIA 94577
KATHLEEN FAUBION, AICP
TELEPHONE: (510) 351 -4300
WENDY A. ROBERTS
DAVID W. SKINNER
FACSIMILE: (510) 351 -4481
STEVEN T.MATTAS
RICK W. JARVIS
LARISSA M.SETO
OF COUNSEL
ANDREA J.SALTZMAN
MEMORANDUM
SANTA ROSA OFFICE
555 FIFTH STREET, SUITE 230
SANTA ROSA, CA 95401
TELEPHONE: (707) 545 -8009
FACSIMILE: (707) 545 -6617
TO: Thomas Fil DATE: October 5, 1995
Finance Director
FROM: Michael S. Riback, City Attorney
RE: Agreement with MRC to Perform Revenue Enhancement Services
I have reviewed the proposal /agreement prepared by MRC to provide a sales
tax audit and progressive revenues to the City. The agreement meets all of the City's
requirements regarding insurance, indemnification, standard of performance, liability, and
independent contractor.
The proposal itself is clear and concise (unusual for consultant proposals) and
the responsibilities and obligations set forth in the proposal are expressed with enough
specificity to be legally enforceable.
Accordingly, the agreement and proposal are approved as to form.
Michael S. Riback
City Attorney ..
MSR:dsp
Attachment
J: \WPD \MNRSW\273 \MEMO \OCT95 \MRCAPP.W61
2
PROPOSAL/AGREEMENT TO
PROVIDE
SALES TAX AUDIT AND
PROGRESSIVE REVENUE SERVICES
TO
CITY OF SARATOGA
�,0URCF�
R °N MUNICIPAL RESOURCE CONSULTANTS
cmo
C y A partnership of John T. Austin, Inc. & Allen W. Charkow, Inc.
.6
Tustin Madera San Ramon Sacramento
(714) 258 -3000 (209) 432 -6039 (510) 838 -1115 (916) 971 -4732
September 21, 1995
Mr. Thomas Fil
Finance Director
City of Saratoga
13777 Fruitvale
Saratoga, CA 95070
Re: Sales Tax Audit Services and Progressive Revenue Services
32107 W. Lindero Canyon Road
Suite 233
Westlake Village, CA 91361
(818) 991 -5220
Fax: (818) 991 -5365
Dear Thomas:
In response to your recent request, MRC proposes to provide the City of Saratoga
Progressive Revenue Services consisting of a Revenue Enhancement Audit Program.
For your review and approval, we are enclosing the following:
❑ Executive Summary
❑ Consultant Service Agreement
❑ Proposal/ Agreement covering MRC's Progressive Revenue Services
❑ Brochure describing MRC's Progressive Revenue Services & Leveraged
Efficiencies
❑ Sample Sales Tax Analysis Reporting Service (STARS) Bound Report
If you have any questions, need additional information, or would like to discuss how
the services could be further tailored to the City's needs, please call me at (800) 800-
8181 ext. 3013.
Sincerely,
i i i / , / i e�s R.*Gl e d h i I I
JRG /km
Enclosures
EXECUTIVE SUMMARY
- Municipal Resource Consultants (MRC) proposes to provide revenue audit and information
services to the City of Saratoga (City). MRCS services are provided on an entirely self -
funded basis without creating an expenditure impact on the City's budget
FIRM QUALIFICATIONS (Exhibit A)
MRC specializes in providing ongoing revenue audit, information and related
consulting services to more than 150 California cities, including 10 of the 11
largest municipalities in the state. MRC is the only firm in America providing
revenue audit and information services that encompass every municipal tax
source.
MRC pioneered the concept of revenue enhancement auditing for California
municipalities when the firm began providing sales tax services in 1978. Since
then, MRC has established a track record of consistently impressive results by
producing more than $250 million of new revenue for our client cities. MRC's
staff of 70 consultants serves California cities from six in -state locations.
PROGRESSIVE REVENUE SERVICES
Revenue Enhancement Audit Program (REAP), Exhibit B - Assist the City in
realizing all of the revenue to which it is entitled, but may not be receiving, from
the following tax sources - sales & use tax, business license tax, documentary
transfer tax, franchise fees, property tax, transient occupancy tax and utility
users tax - as described in Exhibit "B." MRC's REAP results in the detection,
documentation and correction of errors -and omissions causing deficiencies and
thereby produces new revenue that would not otherwise have been realized by
the City. MRC shall commence the REAP service, unless otherwise instructed,
within 10 working days following receipt of the Agreement approved by the
City. MRC shall provide progress reports to the City on a quarterly basis.
Sales Tax Analysis and Reporting Service (STARS), Exhibit C - MRC shall
update the STARS database quarterly. MRC's STARS Query System enables
authorized City staff to monitor and analyze the contribution of sales tax
revenue from each business in the City on an individual, grouped or sorted -
order basis by business name, business type, permit number, size ranking, street
address, development, shopping center or other user - defined geographic areas.
The STARS reports reflect MRC's monitoring and analysis of the City's sales tax
revenue and generators, to identify revenue performance, trends, gains, declines,
projections, issues and opportunities.
LEVERAGED EFFICIENCIES
MRC has developed a unique package of revenue audit and information services
that progressively build on each other to capitalize on the common tasks
accomplished, data developed and results produced. MRC calls this "leveraged
efficiencies."
MRC's Progressive Revenue Services capitalize on these leveraged efficiencies to
maximize client revenues, cost savings and return on investment MRC is thus able
to provide the City with a comprehensive package of extremely valuable, unique
services that are entirely self- funding.
SELF - FUNDING COMPENSATION
MRCs compensation for the revenue audit service is entirely predicated and
dependent upon the results produced for the City. For providing the revenue
information services (STARS), MRC charges flat amounts (indicated below) payable
only after the City has received the service and sufficient funds to cover the charge
from the new revenue produced by MRCS services.
Revenue Enhancement Audit Program (REAP) - shall be provided on a self- funded
basis, whereby MRCs compensation is entirely dependent on the results produced
for the City. MRCs compensation is 25% of the deficiency recoveries from eligible
prior periods. When MRCs service results in the detection and correction of
errors /omissions that the City and MRC mutually agree will produce ongoing
(rather than one -time) benefits to the City, MRCS compensation is 25% of the new
revenue realized by the City during the first six quarters following correction for
sales /use tax and twelve quarters for the other revenue sources.
Sales Tax Analysis and Reporting Service (STARS) - shall be provided for the
initial and quarterly updated STARS Query System and bound reports for $500
per quarter.
SELF-FUNDING EXAMPLE
The following illustrates a hypothetical self- funding example using new revenue generated
by MRCS audit services and state reimbursement to pay for the information services
during the first full year this Agreement is in effect
New revenue to City from MRCS audit services
Less MRC compensation at 25%
Less: STARS Quarterly fee Q $500
$50,000
<12,500>
<$2,000>
$37,50
Net new revenue to City after MRC compensation $35,500
TABLE OF CONTENTS
CONSULTANT SERVICES AGREEMENT
EXHIBIT A QUALIFICATIONS & STAFFING
EXHIBIT B REVENUE ENHANCEMENT AUDIT PROGRAM
EXHIBIT C SALES TAX ANALYSIS & REPORTING SERVICE
Attachment C -1- Confidentiality Resolution
EXHIBIT D GENERAL PROVISIONS
APPENDIX I BIOGRAPHICAL PROFILES
APPENDIX II REPRESENTATIVE CLIENT LIST
I
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Saratoga, California, as of 1995,
by and between the City of Saratoga, a municipal corporation (hereafter referred to as
"City") and Municipal Resource Consultants (hereafter referred to as "Consultant' or
"MRC "), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibits "B ", "C ", and "D ",
(the "Exhibits ".) Consultant shall provide said services at the time, place, and in the
manner specified in the Exhibits. Consultant shall not be compensated for services
outside the scope of the Exhibits.
2. Payment. City shall pay Consultant for services rendered pursuant to this
Agreement at the times and in the manner set forth in the Exhibits. The payments
specified in the Exhibits shall be the only payments to be made to Consultant for
services rendered pursuant to this Agreement, unless the City approves additional
compensation for additional service. Consultant shall submit all billings for services
rendered pursuant to this Agreement to City in the manner specified in the Exhibits.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense,
furnish all facilities and equipment which may be required for furnishing services
pursuant to this Agreement, with the exception of the computer equipment specified in
the Exhibits.
Consultant Service Agreement
Page 2
4. Exhibits. All Exhibits referred to herein are attached hereto and are by this
reference incorporated herein.
EXECUTED as of the day and year first above stated.
CITY OF SARATOGA
By:
Title:
Date:
MUNICIPAL RESOURCE CONSULTANTS
PARTNEW JOj iN T ,AU5TjN, INC.
By:
John T. Austin
Date: September 21, 1995
EXHIBIT A
QUALIFICATIONS AND STAFFING
1. MRC QUALIFICATIONS
Municipal Resource Consultants (MRC) specializes in providing innovative
revenue enhancement services to over 150 California cities, including 10 of the 11
largest municipalities in the state. MRC is the only firm in America providing
revenue audit and information services that encompass every municipal tax
source, including business license tax, documentary transfer tax, property tax,
sales /use tax, transient occupancy tax, utility users tax, and franchise fees.
MRC pioneered the concept of revenue enhancement consulting for
municipalities when we began providing sales tax services to California cities in
1978. Since then, MRC has established a track record of consistently impressive
results by producing more than $250 million of new revenue for our clients.
On behalf of our client cities, MRC's findings and recommendations have been
validated and accepted by third party intermediaries (including the State Board
of Equalization, county assessors, and major utility companies) throughout
California, in addition to thousands of corporate tax departments throughout the
United States.
MRC's revenue enhancement services are complemented by business license
information systems, geobased management information programs, and
consulting in areas such as revenue forecasting, economic development and
redevelopment, fiscal and economic impact assessments, tax modeling,
stakeholder consensus building, and strategic planning.
MRC has a staff of 70 consultants serving California cities _from six instate
locations. MRC's quarterly- updated database contains geobased revenue
information on more than 70 percent of the businesses located in California
cities.
2. PROJECT MANAGEMENT STAFF
To provide the proposed services, MRC shall employ a project team approach.
The project management team biographical profiles are included under
Appendix I.
1
EXHIBIT B
REVENUE ENHANCEMENT AUDIT PROGRAM (REAP)
Municipal Resource Consultants (MRC) proposes to provide to the City of Saratoga
(City) a Revenue Enhancement Audit Program (REAP) to assist the City in realizing all
of the revenue to which it is entitled from business license tax, documentary transfer
tax, franchise fees, property tax (including RDA tax increment), sales & use tax,
transient occupancy tax and utility users tax. The purpose, scope, procedures, timing,
reports and compensation are set forth as follows:
1. BACKGROUND
Many California cities are not realizing all of the revenue to which they are
entitled from existing tax sources due to administrative errors and omissions by
businesses and third -party intermediaries (such as the state, counties, and utility
companies) responsible for collecting the revenue and remitting it to the cities.
Administrative errors and omissions are inevitable given the non - standard,
complex nature of state and local taxes with regard to applicability, rates,
exceptions, exemptions, quirks and inconsistencies. Rapidly changing
technology, deregulation, human fallibility, fragmented responsibilities and
employee turnover further compound the problem.
Because there are time limitations on a government agency's ability to recover
revenue to which it has been deprived, it behooves the City to have revenue
enhancement audits conducted as thoroughly and rapidly as possible.
2. PURPOSE & SCOPE
The purpose of MRC's revenue enhancement audits is to assist the City in
recovering all of the revenue to which it is entitled from the following sources:
❑
Business License Tax
❑
Documentary Transfer Tax
❑
Franchise Fees
❑
Property Tax
❑
Sales & Use Tax
❑
Transient Occupancy Tax
❑
Utility Users Tax
MRC's Revenue Enhancement Audit Program results in the detection,
documentation and correction of errors and omissions causing deficiencies and
thereby produces new revenue that would not otherwise have been realized by
the City.
2
3. PROCEDURES
In general, MRC shall:
❑ Meet with City's designated staff to review service objectives, scope,
workplan schedule, public relations and logistical matters; MRC will also
establish an appropriate liaison with the City's coordinator and logical
checkpoints for reviewing progress
/ ❑ Review applicable provisions of the City's municipal code and ordinances
adopted by the City
❑ Represent the City for purposes of examining records pertaining to the
revenue sources listed above (see Section 2) to identify and confirm any
errors/ omissions that are resulting in deficient payment to the City
'❑ For each error /omission identified and confirmed, submit substantiating
documentation to designated staff in order to facilitate recovery of
revenue due from prior periods
❑ Meet with designated City official(s) as necessary to review our findings
and recommendations
❑ Provide additional assistance as necessary to support the City in
recovering and preventing tax deficiencies
Specifically, for sales /use tax audits (SUTA), MRC shall:
❑ Procure sales /use tax permit records from the State Board of Equalization
(SBE)
❑ Establish master file from tape data provided in previous task
❑ Clean -up, standardize and computerize. data from City's sales tax
distribution reports provided by SBE for eight (8). previous quarters, the
current quarter and for each future quarter as the service is provided
❑ Perform an initial physical canvassing of every business with taxable sales
within the City's boundaries within 90 days of the contract authorization
date
3
i
t
- ❑ Develop a target list of potential point-of-sale/use taxpayer reporting
errors based on a physical canvassing and evaluation of sales /use tax
generating businesses located in the City. These businesses are to be
analyzed based on proprietary guidelines established by MRC,
formulated through expert knowledge of corporate mergers and
acquisitions, sales tax versus use tax, business marketing organization and
methods, commercial/ industrial sales /use tax reporting practices, and
other conditions contributing to reporting errors
❑ Contact personnel in sales, operations and /or tax accounting at each
target business to determine whether a point -of -sale /use reporting error
exists
Note: this is accomplished with the highest regard to discretion and
professional conduct, as evidenced by the fact that MRC's allocation
audits have involved more than 800,000 direct contacts with taxpayer
businesses without a single complaint from a taxpayer, client or the State
Board of Equalization. Our allocation audits are predicated on a non-
controversial, constructive, public relations approach which emphasizes
the importance of each business to the City and the mutual benefits of
correcting reporting errors
❑ Provide to the City and State Board of Equalization, reports addressing
each taxpayer reporting error individually, including the business name,
address, telephone number, California sales tax permit number,
individuals contacted, date(s) of contact, nature of business, reason(s) for
error, recommended corrective procedure and, if available, estimated
sales /use tax revenue which should be forthcoming to the City
❑ Respond to negative findings by SBE with timely reconfirmation
documentation in order to preserve the City's original dates of knowledge
❑ Receive and process sales /use tax quarterly distribution reports provided
to City by SBE
❑ Monitor and analyze the quarterly distribution reports with audit focus
on the following:
o Those accounts with previously detected reporting errors to ensure
that the corrections are made for current quarters plus retroactive
adjustments for eligible amounts improperly distributed in prior
quarters
4
o Those accounts representing 90% of the City's total sales /use tax
revenue to identify and investigate significant aberrations (e.g.,
negative fund transfers, declines, deficiency assessments, etc.)
o Those accounts having a use tax designation to ascertain why the
tax is being classified as use tax rather than sales tax
o Those accounts that are properly reporting but have potential to
generate even more revenue to the City by modifying their
operation
o Those accounts receiving deficiency assessments to ensure that the
City receives its local allocation
❑ Review the City's purchases to identify opportunities for the City to
recover the local allocation on transactions subject to use tax; MRC will
also prepare the necessary documentation to facilitate recovery, including
advisory assistance in preparing and filing the returns
❑ For each misallocated account detected, MRC will coordinate with the
business and SBE to make the necessary corrections plus retroactive
adjustments for eligible amounts of sales /use tax improperly distributed
in prior quarters.
The sales /use tax audit schedule follows.
5
Sales Tax Audit & Information
Schedule & Progress Chart
(Preliminary)
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
Month
DESCRIPTION
t
2
3
4
5
6
7
8
9
10
11
12
13
Contract Authorization
X
Mobilization /Orientation
X
Procure Permit Listing & Quarterly Distribution Reports
XX
Clean-up, Standardize & Computerize Permit Listing & QDR Data
XXXXX
XX
Deliver & Review with City STARS Reports & Inquiry System
X
Physically Canvas and Evaluate Businesses in City
XXXXX
XXXX
Develop Target List of Potential Misallocations
X
XXXXX
Review MRC Field Protocol with City
X
X
Contact Each Business on Target List
XXXXX
XXXXX
Prepare, Deliver & Review Initial Audit Reports
X
Coordinate w/Taxpayers & SBE to Correct Misallocated Accounts
Receive, Process, Monitor & Analyze Quarterly Distribution Reports
=__
___
___
_ __
___
___
___
Ongoing Detection & Correction of Misallocated Accounts
Deliver Ongoing Audit & Information Service Reports
Prep are & Submit Quarterly Audit Progress Reports
___
LH
X Full Time Effort = Part Time Effort As Required
Specifically, for business license tax audits, MRC shall:
❑ Review the City's business tax code and applicable ordinance adopted by
the City
❑ Based on an inventory and evaluation of all businesses with operations in
the City, develop an automated target list of businesses that appear not to
comply with the City's code/ ordinance
❑ Through physical canvassing and telephone/ personal contact, determine
whether each target business is or is not in compliance with the City's
code/ ordinances
Note: This is accomplished with the highest regard for discretion and
professional conduct, as evidenced by the fact that MRC's revenue
enhancement audits for California cities have involved more than 800,000
direct contacts with taxpayer businesses without a single complaint. Our
revenue enhancement audits are predicated on a constructive public
relations approach which emphasizes the importance of each business to
the City and the mutual benefits of correcting errors.
Specifically, for property tax audits and documentary transfer tax, MRC shall:
❑ Establish a comprehensive inventory of every parcel located within the
City and each project within the Redevelopment Agency project areas,
including the database elements needed to facilitate a comparison
analysis with County secured and unsecured taxable values and the
California State Board of Equalization taxable assessed values
❑ Review County assessment practices, systems and procedures for
determining property tax value, calculating and allocating property tax
revenue to the City under AB 8 and Community Redevelopment Law
Section 33670
❑ Procure from the County a detailed listing indicating for the period 1990
to present the documentary transfer tax distribution payments to the City
including for each property transferred, identification (street address and
APN), description, transfer date and actual or allocated transaction value
❑ Research private and public record sources (beyond the County) to
compile data on City properties involved in change -of- ownership
transactions since 1990, including real estate sales /purchases and business
mergers and acquisitions
7
Specifically, for franchise fees and utility users tax audits, MRC shall:
❑ Review City's franchise agreements with utility and cable television
companies to determine the basis for calculating payments
❑ Review City's franchise fee /utility users tax payment receipt records
❑ Inventory and analyze utility service providers /users subject to the City's
code /ordinances
❑ Examine the status of exempted users to verify proper compliance with
the ordinance
❑ Validate on a test basis that the rate calculation components have been
accurately computed
❑ Review the City's payments for utility/ telecommunications services to
determine whether the City is being billed under the most cost - effective
tariff application available to meet the City's needs
❑ Prepare, maintain and provide MRC's proprietary address -range
databases and /or MRC's ZIP Cop service to cellular service providers to
enable them to implement utility users tax billing
❑ Monitor and review the cellular service providers' consumer service
packages and verify that the City's cellular UUT is correctly and
completely applied to the taxable. aspects of each package
❑ Receive proper authorization from City to examine and receive utility and
customer records (hard copy and data format) necessary to assure utility
users tax compliance, and to execute necessary nondisclosure agreements,
- as approved by City.
❑ Obtain prior approval and direction from designated staff to prepare and
forward to the appropriate parties written request for corrective action
and revenue recovery consistent with UUT ordinance
❑ Throughout the above process, be available to meet with City to review
findings and recommendations, and receive directions regarding City's
implementation of UUT ordinance and auditing of tax collectors and
taxpayers.
Specifically, for transient occupancy tax (TOT) audits, MRC
❑ Review the guest registration process and associated documentation for
revenue tracking, tax collection and exempt - status qualification
❑ Verify accuracy of filed TOT returns with daily and monthly activity
summaries; review a random sample of the daily and monthly summaries
to determine if the daily summaries reconcile to the monthly summaries
El Review bank statements to verify that deposits reconcile I with the reported
revenue on the TOT returns
❑ Review exempted revenue for proper qualifying documentation; review a
random sample of exempted guest revenue and trace registration and /or
other source documents to verify compliance with the City ordinance
13 Where possible, compare the state and federal tax filings with the TOT
returns
❑ Schedule and conduct audit finding review meetings with each property
operator to explain the findings and allow the operator full opportunity to
provide additional documentation that might mitigate the audit findings
❑ Prepare and document any changes to the audit findings and their effects
on the final billing of any potential remaining tax, interest or penalty
amounts due the City
City staff responsibilities:
❑ Adopt a resolution that authorizes the appropriate City officials to execute
subpoenas for the release of utility customer records, and which
authorizes appropriate City personnel to execute necessary nondisclosure
agreements approved by City l
❑ Provide a letter of authorization to MRC for the purpose of identifying
MRC as an authorized agent of the City to perform tility users tax
compliance audits; to receive and examine appropriate utility and
customer records (hard copy and date format) necessary to assure utility
users tax compliance; and to execute necessary nondisclosure agreements
approved by City
0
❑ Upon request, provide MRC with appropriate "administrative"
interpretations of UUT ordinance
❑ Provide timely direction to MRC regarding the preparation and
forwarding of written requests for corrective action on errors and
omissions substantiated by MRC
❑ Retain authority and responsibility to administer, interpret, and enforce
UUT ordinance, recognizing that MRCS role is to provide City with
technical assistance and support without assuming. or being delegated
such authority or responsibility of City
4. TIMING & REPORTS
MRC shall commence the revenue enhancement audits within 10 working days
of authorization (unless instructed otherwise by the City) with the objective of
delivering the initial audit reports within 90 to 120 working days. Thereafter,
MRC shall provide the City with audit progress reports to include, but not be
limited to, the following:
❑ Status of work in progress, including copies of reports provided to
taxpayers/ intermediaries addressing each reporting error /omission
individually, including where applicable the business name, address,
telephone number, account identification number, individuals contacted,
date(s) of contact, nature of business, reason(s) for error /omission and
recommended corrective procedure
❑ Actual revenue produced for the City by MRCS service on a quarterly
and cumulative basis
❑ Projected revenue forthcoming to the City as a result of MRCS audit
service, specified according to source, timing and one -time versus
ongoing
❑ Alphabetical listing of all errors/ omissions detected for the City by MRC
including, for each, the account number, correction status, payment
amount received by the City, period to which payment is related and
payment type (e.g., reallocation, deficiency assessment, etc.)
10
5. COMPENSATION & EXPENSES
To make MRCS service self - funding for the City, MRCs compensation for
providing the Revenue Enhancement Audit Program (REAP) shall be entirely
predicated and contingent upon the audits producing new revenue that would
not otherwise have been realized by the City, further described as follows:
5.1 SALES/USE TAX
MRCs compensation for conducting the sales /use tax enhancement
audits is 25% of the new sales /use tax revenue realized by the City as a
result of MRC detecting, documenting and correcting the related point-of-
sale/use reporting error. Said 25% applies to each correction for fund
transfers (i.e., retroactive adjustments from eligible prior periods) and the
first six consecutive reporting quarters following completion of the audit
by -MRC and confirmation of corrections by the State Board of
Equalization.
Sales /use tax audit invoices are submitted quarterly after the City has
received the revenue from the correction and quarterly distribution report
verifying it Each invoice is to include the business name, permit number,
local allocation amount received by the City and amount due MRC.
Invoices are due and payable upon receipt
5.2 OTHER REVENUE SOURCES
MRC's compensation for conducting enhancement audits for revenue
sources other than sales /use tax (e.g. business license tax, documentary
transfer tax, franchise fees, property tax, transient occupancy tax and
utility users tax, etc. shall be entirely predicated and contingent upon the
results achieved.
Under this arrangement, the City agrees to pay MRC an amount equal to
25% of the deficiency recoveries from eligible prior periods (plus
associated charges for interest and penalties.) Said recoveries include
amounts recovered, refunded, credited or any other consideration given
to the City in lieu or as a result of the audit findings. When MRC's audits
result in the detection and correction of errors/ omissions that the City
and MRC mutually agree will produce ongoing (rather than one -time)
benefits to the City, MRC's compensation shall be 25% of the incremental
revenue realized by the City during the first twelve consecutive quarters
following correction.
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In this regard, the City agrees to:
❑ Invoice the responsible party for tax deficiencies (plus associated charges
for interest and penalties) identified and confirmed by MRC within 30
days following receipt of MRCs report; and
❑ Notify MRC within 10 days following receipt by the City of payments
(cash payments, installment payments, or other ' compensation directly
benefiting the City) resulting from MRCs audit service. Upon being
notified of receipt of payment(s), MRC will then invoice the City. Earned
compensation is due and payable upon receipt of invoices.
All expenses incurred by MRC in providing the revenue enhancement audit
service and sales tax information service are absorbed by MRC. These expenses
include items such as employee salaries and benefits, insurance, airfare, auto
rentals, meals, lodging, keypunching, computer processing, clerical,
communications (e.g., personal meetings, telephone, mail, etc.) photocopying,
overhead, and miscellaneous out -of- pockets for consumable supplies and
research materials such as maps, directories, etc.
6. BACKSTOP AUDIT PROGRAMS
MRCs revenue enhancement and information services described in this and
following exhibits are to be provided on a self - funding basis without creating an
expenditure impact on the City's budget. This compensation plan allows the
City to defer payment on the services described in the following exhibits (STARS
and BLIS) until there is adequate revenue from state reimbursement and /or the
new revenue generated by MRCs services.
Accordingly, if the City has an additional ( "backstop') revenue enhancement
audit program (staffed by internal or external personnel), it is understood and
agreed that those personnel must detect and document in writing (on behalf of
the City) to the taxpayer and /or responsible intermediary (e.g., state, utility
company, etc.) each individual error /omission at least one full calendar quarter
prior to MRC doing so. Otherwise, MRC shall be entitled to receive
compensation for detecting and documenting any such error /omission which
has resulted in deficient payment to the City. For this purpose, the City and
MRC shall provide copies to each other of notices submitted to taxpayers and /or
intermediaries (state agencies, county, utility service providers, etc.).
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EXHIBIT C
SALES TAX ANALYSIS & REPORTING SERVICE (STARS)
MRC's Sales Tax Analysis and Reporting Service (STARS) consists of a Query System,
bound STARS reports, and related consulting as follows:
1. STARS REPORTS
Quarterly, MRC shall provide the City with an updated set of the bound STARS
reports. The scope of MRCS STARS reports includes, but is not limited to, the
following:
❑ Cleaning up, standardizing, and automating data from the City's
sales /use tax distribution reports provided by SBE for eight (8) previous
quarters, current quarter, and each future quarter of service. This is done
to provide two benchmark years in the initial report to the City
MRC clients use STARS reports to gain a better understanding of where
their sales tax comes from, determine what trends, good or bad, are
occurring to their sales tax base, and identify those businesses on which
the jurisdiction is most dependent for its sales tax revenue
❑ Receiving and processing sales tax distribution reports quarterly
❑ Reorganizing and refining the computerized sales tax data for the City
using MRC's STARS
❑ Analyzing the City's major sales tax producers
All major sales tax producers and business categories are monitored and
analyzed quarterly based on the following reports:
o Management Summary, Sales Tax Digest, Charts - MRCs STARS
reports include a confidential Management Summary, a non -
confidential Sales Tax Digest, and five color charts that portray
graphically the City's sales tax performance and composition.
o Analysis Section - The Analysis Section of MRC's STARS reports
compares the sales tax performance for the latest complete
quarter /report benchmark year to previous quarters and years.
This section, which is an exclusive MRC report, replaces
cumbersome manual comparisons between quarters and years.
13
The Analysis Section includes the following: (1) historical
performance of the top 100 accounts for up to 4 years, (2) a
computerized analysis of the changes that occurred by economic
category and by business sector with the specific businesses that
made the major contribution to the change delineated, and (3) an
analysis by magnitude of change indicating which key businesses
grew or declined, measured in absolute dollars and percentages.
Quarterly aberrations due to SBE audits, fund transfers, and other
causes are also identified and analyzed for budget planning and
revenue forecasting purposes.
o Major (and Top 100) Sales Tax Producers - Sales tax performance of
the top 100 sales tax accounts is shown in order of sales tax
produced with the results for the most recent five quarters
prominently displayed. The proportion of City sales tax produced
is also shown by each account.
o Sales Tax Accounts by Business Code - This report shows the
various business codes assigned by the SBE and the accounts
assigned those codes in order of sales tax produced. Five quarters
of sales tax data are shown for each account. The City may select
the cut -off level of this report (that is, all accounts or just accounts
that produce over a certain amount per year). Misclassified sales
tax accounts are corrected to make the report a true reflection of the
sources of the City's sales tax income.
o Sales Tax Trend Report - Data are summarized by economic
category and by business sector making up each category. Sales
tax trends are shown by quarter and by successive benchmark
years. Percent of sales tax is also shown to indicate trends in sales
tax composition as well as performance. Growth and decline
comparisons are indicated by various categories for forecasting and
analysis.
o Sales Tax By Account /Sub -Number - The SBE does not provide the
specific sales tax amounts generated by each individual location of
a firm with multiple locations in the same City and County. Such a
breakdown is needed if the City is to track sales tax by specific geo-
areas, such as shopping centers, redevelopment areas, business
districts, and industrial parks. STARS allocates sales tax by
location and even customizes difficult allocations such as auto
dealers with showrooms, leasing, used cars, and body repair
shops. This report shows the amounts allocated to each individual
location for a firm with multiple locations in the City and County.
14
o Geo- Coding - Tracks sales tax performance within designated areas
of the City (for example, key shopping centers, redevelopment
project areas, and downtown business districts) Charts and
printed reports are included for each geo -area.
o Cross Reference Reports - These reports allow the user to look up
any account shown in the STARS reports by name, address or
account number.
o Special Business Tax Report - MRC's STARS reports include a
report that is specifically designed to facilitate the City's business
license tax administration by replacing the manual yellow
registration control cards and /or the registration diskette(s).
The cards come in no particular order and are cumbersome to use.
The diskettes are hard to use due to non - standard address fields
and business names and require staff time to produce the list of
sales tax permit registration changes. MRC produces a printed
report each month that lists all changes to the City's sales tax
records by the type of change (that is, new firms, closed firms, new
addresses, new owners, other). Under each type of change are the
accounts in clean address order.
By correcting, cleaning up, and standardizing addresses, business
names and business classifications on all of the City's sales tax
generators, MRC is able to provide the City's business license staff
with another valuable audit tool. MRC will also provide the City
with a copy of the cleaned up sales tax files on floppy disk or 9-
track tape if the City wishes to add the data to its database.
o Corollary Information Services - In addition to the STARS report,
MRC provides as a part of the information service, a quarterly
updated sales tax forecast for the current and subsequent fiscal
year, regional per capita analysis reports, and the MRC Insights,
which contains valuable economic analysis on a regional and
countywide basis plus current issues of interest.
15
2. STARS QUERY SYSTEM
MRC shall install and update quarterly, the City's sales tax registration and
allocation data on IBM compatible PCs designated by the City. MRC shall also
train authorized City staff in the use of the STARS Query System and furnish an
easy -to -follow user manual (provided under separate cover).
The STARS Query System enables City staff to analyze the contribution of sales
tax revenue from each taxpayer in the City, on an individual, grouped, or sorted
basis by business name, business type, permit number, size ranking, street
address, development, shopping center, or other geographic area (also by social
security number or federal employer identification number, if available).
All sales tax data processed by MRC is located on the STARS Query System.
MRC has made the Query System extremely user - friendly, even incorporating
different types of name and address searches. For example, the address search
only needs the street name and will fill in the direction and proper abbreviation
for the street type.
Also, in looking up a particular type of business segment, a listing of business
codes is shown on a "pop up" menu to help the user identify which code to
select. The Query System can be used to geo -code specific areas such as districts,
shopping centers, and redevelopment areas. MRC's Query System will even
generate the geo -coded addresses, thus eliminating the need to manually place a
code by each firm in a geo -area. The Query System will also eliminate a geo -
area in a global command rather than having to eliminate geo -coded accounts
one -by -one when removing a geo -area.
Because the STARS Query System contains confidential information, access is
limited to authorized personnel by making the system password - protected.
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3. COROLLARY CONSULTING
In conjunction with the STARS Query System and STARS reports described
above, MRC shall provide corollary consulting as follows:
❑ Prepare and analyze a list of the City's major sales tax generators to assist
the City in developing a public relations program to prevent the loss of
these important businesses
❑ Profile for Economic Development /Community Redevelopment
personnel, the most economically desirable and undesirable types of
developments or business uses and the reasons why
❑ Assist in defining specific geographic areas for which the City would
have an interest in knowing the sales tax produced (for example, within
Redevelopment Agency project areas)
❑ Serve as a resource to assist the City on an "as- needed" basis by providing
legal and technical support on sales /use tax issues and questions
regarding proposed legislation, estimated revenue on proposed projects,
revenue - sharing negotiations, retail sales leakage, budget projections, and
any other areas
4. DELIVERABLES TIMING
MRC shall commence preparing the STARS Query System and STARS Digest
within 10 working days following receipt of:
❑ Contract approval and resolution designating MRC as the authorized City
Consultant to examine sales and use tax records (See Attachment C -1);
and,
❑ State Board of Equalization quarterly distribution reports for most recent
nine (9) consecutive quarters
The initial STARS Query System shall be delivered and installed on IBM
compatible PCs designated by the City, together with the STARS Digest, within
45 working days following receipt of the above. The quarterly updated Query
System and STARS Digests will be delivered to the City within 30 working days
following receipt of the Quarterly Distribution Reports.
MRC will provide corollary consulting to the City in conjunction with delivery
of the STARS Query System and STARS Digests following completion of the
enhancement audits.
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5. COMPENSATION
MRC shall provide the Sales Tax Analysis and Reporting Service for $500 per
quarter or $2,000 for the full year, including expenses, payable only after the
City has received the STARS Query System and the STARS Digest(s) and
sufficient revenue from MRCs revenue enhancement audits to cover the
quarterly fee.
6. CERTIFICATION OF CONFIDENTIALITY
Section 7056 of the State of California Revenue and Taxation Code specifically
limits the disclosure of confidential taxpayer information contained in the
records of the State Board of Equalization (SBE). Section 7056 specifies the
conditions under which a City may authorize persons other than City officers
and employees to examine State Sales and Use Tax records. By this agreement,
MRC is:
❑ Authorized to examine sales and use tax records of the SBE provided to
the City pursuant to contract under the Bradley -Burns Uniform Sales and
Use Tax Law
❑ Required to disclose information contained in, or derived from, those
sales and use tax records only to an officer or employee of the City who is
authorized by resolution to examine the information
❑ Prohibited from performing consulting services for a retailer during the
term of this agreement
❑ Prohibited from retaining the information contained in, or derived from,
those sales and use tax records, after this agreement has expired
Information obtained by examination of SBE records shall be used only for
purposes related to collection of local sales and use tax or for other governmental
functions of the City as set forth by resolution adopted pursuant to Section
7056(b) of the Revenue and Taxation Code.
MRC hereby certifies that any and all information used in the conduct of work
performed is to be used only for those purposes authorized by the City and by
the Bradley -Burns Uniform Local Sales and Use Tax Law.
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EXHIBIT D
GENERAL PROVISIONS
1. Independent Contractor. At all times during the term of this Contract,
Municipal Resource Consultants (Consultant) shall be an Independent Contractor and
shall not. be an employee of the City of Saratoga (City). City shall have the right to
control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement; however, City shall not have the right to control the means
by which Consultant accomplishes services rendered pursuant to this Agreement
2. Liabilily. City shall not be called upon to assume any liability for direct
payment of any salaries, wages, or other compensation to any Consultant personnel or
subcontractor performing services hereunder for City, or any liability other than
provided for in this Agreement
City shall not be liable for compensation or indemnity to any Consultant
employee or subcontractor for injury or sickness arising out of his /her employment, or
for any negligent actions of the Consultant or its employees.
All persons employed in the performance of such services and functions shall be
employees of Consultant, and as such shall not, for any purposes, be considered
employees of City and therefore shall have no right to any City service, civil service, or
other City status.
3. Subcontracts. Any subcontracts entered into by Consultant for services to be
rendered towards the completion of Consultant's portion of this Agreement shall be for
Consultant's benefit alone, and as such shall be its responsibility with no liability
resting on the City. Consultant agrees to provide a list of all subcontractors to be used
in connection with services to be rendered toward the completion of its portion of this
Agreement to the City within ten (10) working days of execution of this Agreement
4. Licenses, Permits, Etc. Consultant represents and warrants to City that he has
all licenses, permits, qualifications and approvals of whatsoever nature which 'are
legally required for Consultant to practice his profession. Consultant represents and
warrants to City that Consultant shall, at his sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Consultant to practice his profession.
GENERAL PROVISIONS
PAGE 2
5. Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Consultant's obligations pursuant to this Agreement. Neither party
shall be considered in default of this Agreement to the extent performance is prevented
or delayed by any cause, present or future, which is beyond the reasonable control of
the party.
6. Insurance.
a. Public Liability. During the term of this Agreement, Consultant shall
maintain in full force and effect a policy of public liability insurance with
minimum coverages as follows: $1,000,000 for injury to one person in any
one occurrence; $1,000,000 aggregate; and, $50,000.00 for property
damage. Consultant shall cause the City, its officials and employees to be
named on all liability policies described above as insured as respects: (1)
activities performed for the City by or on behalf of the named insured, (2)
products and completed operations of the Named Insured, and (3)
premises owned, leased or used by the Named Insured.
b. Worker's Compensation. During the term of this Agreement, Consultant
shall fully comply with the terms of the law of California concerning
worker's compensation. Said compliance shall include, but not be limited
to, maintaining in full force and effect one or more policies of insurance
insuring against any liability Consultant may have for worker's
compensation.
7. Consultant Not Agent Except as City may specify in writing, Consultant
shall have no authority, express or implied to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied,
pursuant to this Agreement to bind City to any obligation whatsoever.
8. Assignment Prohibited. No party to this Agreement may assign any right or
obligation pursuant to this agreement. Any attempt of purported assignment of any
right or obligation pursuant to this Agreement shall be void and of no effect.
GENERAL PROVISIONS
PAGE
9. Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the removal of any person or persons
assigned by Consultant to perform services pursuant to this Agreement, Consultant
shall remove any such person immediately upon receiving notice from City of the
desire of City for the removal of such person or persons.
10. Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards observed by
a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices his /her profession. All products of
whatsoever nature which Consultant delivers to City pursuant to this Agreement shall
be prepared in a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in Consultant's
profession.
11. Reports, Charts or Other Products. All reports, charts and other products
resulting from the performance of this agreement are the property of the City.
12. City Representative. The City Administrator or his /her designee is the
representative of the City and will administer this Agreement for the City.
13. Termination. This Agreement may terminate on ten (10) days written notice
by either party, or within such time as both parties may find necessary to conclude the
work currently under way and to summarize Consultant's findings for City.
14. Indemnity and Hold Harmless. Consultant shall assume the defense of, and
indemnify and save harmless, the City, its officers, employees, and agents, and each
and every one of them, from and against all actions, damages, claims, losses or
expenses of every type and description to which they may be subjected or put, by
reason of, or resulting from, the performance of the work, provided that such action,
damage, claims, loss, or expense is attributable to bodily injury, sickness, disease or
death, or to injury to, or destruction of property, whether upon or off the work,
including the loss of use thereof, and is caused in whole or in part by any negligent act
or omission of the Consultant, and subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, whether
or not it is caused in part by a party indemnified hereunder.
GENERAL PROVISIONS
PAGE
15. Waiver of Breach No waiver of the breach of any of the covenants,
agreements, restrictions or conditions of this Agreement by any partner shall be
construed to be a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Agreement. No delay or omission of any
partner in exercising any right, power or remedy herein provided in the event of
default shall be construed as a waiver thereof, or acquiescence therein, nor shall the
acceptance of any payments made in a manner or at a time other than as herein
provided be construed as a waiver of or variation in any of the terms of this Agreement
16. Whole and Entire Agreement This instrument contains the whole and entire
agreement of the parties hereto relating to their partnership and correctly sets forth the
rights, duties and obligations of each to the others as of its date. Any prior agreements,
promises, negotiations or representations not expressly set forth in this Agreement are
of no force and effect.
17. Equal Employment Opportunity: During the performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, agrees as
follows:
a. Compliance With Regulations: Consultant shall comply with the
Executive Order 11246 entitled "Equal Employment Opportunity": as
labor regulations (41 C.F.R. Part 60), hereinafter referred to as the
"Regulations."
b. Nondiscrimination: Consultant, with regard to the work performed by it
after award and prior to completion of the work pursuant to this
Agreement, shall not discriminate on the ground of race, color, religion,
sex or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment.
C. Solicitation for Subcontractor, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or
negotiations made by Consultant for work to be performed under any
subcontract, including procurements of materials or equipment, such
potential subcontractor or supplier shall be notified by Consultant of
Consultant's obligation under this Agreement and the Regulations relative
to nondiscrimination on the ground of race, color, religion, sex or national
origins.
GENERAL PROVISIONS
PAGE 5
d. Information and Reports: Consultant shall provide all information and
reports required by the Regulations, or orders and instructions issued
pursuant thereto, and will permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by the
City to be pertinent to ascertain compliance with such Regulations, orders
and instructions. Where any information required of Consultant is in the
exclusive possession of another who fails or refuses to furnish this
information, Consultant shall so certify to the City and shall set forth what
efforts it has made to obtain the information.
e.- Sanctions for Noncompliance: In the event of noncompliance by
Consultant with the nondiscrimination provisions of this Agreement, the
City shall impose such contract sanctions as it may determine to be
appropriate, including, but not limited to:
(1) Withholding of payments to Consultant under the contract until
Consultant complies;
(2) Cancellation, termination, or suspension of the Agreement, in
whole or in part
f. Incorporation of Provisions: Consultant shall include the provisions of
paragraphs "a" through "e' in every subcontract, including Regulations,
order, or instructions issued pursuant thereto. Consultant shall take such
action with respect to any Regulations, order or instructions issued
pursuant thereto. Consultant shall take such action with respect to any
subcontract or procurement as the City may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event Consultant becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of
such direction, Consultant may request City to enter such litigation to
protect the interests of the City.
GENERAL PROVISIONS
PAGE 6
18. Notices. Any notice to be given from one party to the other pursuant to this
Agreement shall be deposited with the United States Postal Service postage prepaid
and addressed as follows:
To City: City Administrator
CITY OF SARATOGA
13777 Fruitvale
Saratoga, CA 95070
To Consultant: John Austin
MUNICIPAL RESOURCE CONSULTANTS
32107 W. Lindero Canyon Road
Suite 233
Westlake Village, CA 91361
Nothing in this Paragraph shall be construed to prevent the giving of notice by
personal service.
APPENDIX I
BIOGRAPHICAL PROFILES
PROJECT MANAGEMENT STAFF
To provide the proposed services, MRC shall employ a project team approach
consisting of full time, permanent employees. The project management team
consists of the following personnel:
JOHN AUSTIN AND ALLEN CHARKOW (PROJECT CO- DIRECTORS)
As founders of MRC and project co- directors, John and Allen are responsible for
the overall quality control and timeliness of the project They are also
responsible for making MRC's resources available to the project and assisting in
the technical direction, management, and liaison activities.
John is responsible for the overall design and provision of MRC's revenue
enhancement services and client relations. In this capacity, he interfaces with
third -party intermediaries (such as the state, counties, and public utility
companies) and corporate taxpayers on behalf of client cities. John has been an
economic development and tax consultant to California municipalities for more
than 20 years, principally focused on. the enhancement of sales, use, and
property tax revenue. He received a BS Degree in Business Economics and
Marketing from the University of Southern California.
Allen has overall responsibility for the design and provision of the firm's data
processing and geobased information systems for auditing, monitoring, and
analyzing revenue sources. Allen pioneered computerized information systems
for revenue auditing and analysis on behalf of California cities. Allen was in
municipal finance for more than 17 years, 15 of which were in .the capacity of
Director and Assistant City Manager. He received a BA in Business
Management from Fresno State and an MBA from the University of Santa Clara.
JIM GLEDHILL - ADMINISTRATIVE LIAISON
Jim is an Administrative Liaison for a number of selected California cities and
counties. As Administrative Liaison, he has primary responsibility for
managing MRCS relationship and contract with the City. His responsibilities
include; interfacing between the City and MRC project team personnel,
responding to city inquiries, monitoring the City's revenue and economic base,
and keeping the City apprised of MRCs audit progress. Jim has been with MRC
for five years. He earned his Bachelor Degree in Business
Administration/ Finance from California State University, Long Beach.
HUNTER AUSTIN - SALES/USE TAX
Hunter has day -to -day responsibility for the technical direction and coordination
of the sales /use tax auditing activities, including the methodology and
procedures used in detecting, documenting, and correcting sales /use tax
allocations. In this capacity, his duties encompass creation and implementation
of the workplan, including scheduling, coordinating, and monitoring the
activities of the other project members.
GARY JONES - PROPERTY TAX
Gary has overall responsibility for MRC's property tax consulting practice. Gary
has been analyzing property tax assessments and tax allocations for public
agencies throughout California for more than 20 years. Prior to his association
with MRC, he was a Principal with the firm of Katz Hollis, in charge of fiscal
and administrative management consulting services to redevelopment and other
public agencies throughout California and other western states. Gary received
his BA Degree from California State University Fresno and completed graduate
courses at University of California Los Angeles.
PARTHO MANDAL - PROPERTY TAX
Partho is responsible for MRC's property tax enhancement audits. He has 15
years of varied experience in the field of Economics and Finance, of which 7
years were in municipal and redevelopment finance and property tax
enhancement audits in California. Par tho was an Associate and Senior Analyst
with the firm of Katz Hollis for four years. Prior to that he was an Associate
with a regional financial advisor, where he provided advisory services to resolve
financial requirements of redevelopment agencies. He earned an MA in
Economics from the Delhi School of Economics, New Delhi, India (with honors)
and an MBA in Finance from State University of New York, Albany.
STEPHEN L. GIBSON - ADMINISTRATIVE LIAISON
Steve has primary responsibility for interfacing between the city and the MRC
project team personnel, public relations, logistical matters, coordinating and
participating in meeting, and keeping the city appraised of MRC's progress
through written and oral communications. Prior to joining MRC, Steve had 27
years experience in the telecommunications industry, including 10 years as the
technical expert witness for GTE in providing direction on legislation before the
California State Public Utility Commission and California Legislature. Steve has
been a guest speaker at many Property Management seminars concerning Public
Utility Commission policies and their impact. He is a graduate of the University
of Redlands. Along with his administrative responsibilities, Steve will also serve
as Technical Liaison lending technical expertise to contract administration.
JIM THOMPSON - FRANCHISE FEES, UUT, and TOT
Jim is responsible for MRC's franchise fees /utility users tax and transient
occupancy tax compliance practices. Since joining MRC, Jim has personally
overseen and participated in compliance audits of over 300 businesses for utility
users tax and over 200 hotels for transient occupancy tax. Prior to joining MRC,
Jim had 30 years of experience in the telecommunications industry, including 10
years as a primary expert witness for GTE in providing testimony before the
California Public Utilities Commission and the California Legislature that led to
his being a guest speaker at many seminars including the League of California
Cities annual meetings. He is a graduate of California State University
Northridge.
FRANCESCO MANCIA - BLIS SERVICE
Fran is Product Client Liaison for MRC's Business License Information Service.
Fran comes from a sales, marketing, and financial investment background.
Before joining MRC he served as District Sales Manager for a leading provider of
business to business information which was the largest and most accurate
database of over ten million businesses in the United States. Fran also served as
divisional VP for one of the ten largest United States cable television companies,
where he was responsible for the raising of capital for expansion. Fran is a
graduate of the University of California, Santa Barbara and received his MBA
from the University of San Francisco.
LOUIS SALAS - DATA PROCESSING
Louis is responsible for the ongoing development, maintenance, and
enhancement of MRC's computer software systems for multi- revenue audits and
management information systems. Prior to his association with MRC, Louis had
5 years of experience as a programmer and systems analyst. Louis received an
Associate of Science Degree in Math /Science from Porterville College, Associate
of Computer Science Certificate from Westland College, and a BS Degree in
Computer Science from California State University Fresno.
JIM TILKES - DATA PROCESSING
Jim is responsible for the design and development of computer software systems
for MRC's multi- revenue audits and geobased information systems. Before
joining MRC, Jinn was with the City of Fresno for more than 20 years serving in
the capacities of Data Base Administrator, Program Development Supervisor,
Systems Analyst, and Programmer. He is a co- developer of QDAMS -
Quickdraw Automated Mapping System. He received an AA degree in Data
Processing from Fresno Community College and a BS degree in Quantitative
Analysis from California State University, Fresno.
DON MAYNOR AND JOE VINATIERI - LEGAL ANALYSIS
Don Maynor provides his specialized legal expertise to assist MRC in evaluating
franchise fee agreements and utility users tax ordinances and gaining access to
necessary information (which the utility companies resist providing) as well as
the discovery and recovery of payment deficiencies. Don is a recognized
authority in the franchise fee and utility users tax field, representing cities in
numerous legal areas. He is frequently called upon to testify as an expert
witness before the California Public Utility Commission regarding utility issues
and other related matters. He received a BA from the University of Arizona and
a law degree from Case Western Reserve University School of Law. Don is a
member of the California Bar Association.
Joe Vinatieri is a partner in the Whittier law firm of Bewley, Lassleben & Miller
where he specializes in matters of California state and local taxation. Joe
provides legal counsel to MRC and MRC's clients when questions or issues arise
related to sales /use and property tax law. He is former deputy to the Honorable
Ernest J. Dronenburg, Jr., Board Member of the California State Board of
Equalization. Joe was responsible for preparation of franchise/ income tax,
property tax, and sales and use tax cases to be heard by Judge - Dronenburg. He
was also responsible for legislative, administrative, and political liaisons. Joe
received his BA degree, cum laude, from Westminster College and his JD degree
from the University of San Diego. He is Chairman of the State and Local
Subcommittee of the Tax Section of the Los Angeles County Bar Association and
a member of the Tax Section of the California State Bar. He is also a member of
the Institute of Property Tax for which he has spoken nationally.
APPENDIX II
Municipal Resource Consultants
Representative Client List
Clients with population over 250,000
Anaheim Long Beach Oakland Sacramento County San Jose
Fresno Los Angeles Sacramento San Diego Santa Ana
Clients with population between 100,000 & 250,000
Berkeley
Hayward
Chula Vista
Irvine
Concord
Modesto
El Monte
Oceanside
Escondido
Orange
Fullerton
Oxnard
Pomona
Simi Valley
Riverside
Stockton
San Bernardino
Thousand Oaks
Santa Clarita
Torrance
Santa Rosa
Vallejo
Clients with population between 50,000 & 100,000
Antioch
La Habra
Redding
Santa Monica
Camarillo
La Mesa
Redwood City
South Gate
Carlsbad
Merced
Rialto
South San Francisco
Compton
Milpitas
Richmond
Tustin
Corona
Monterey
San Leandro
Union City
El Cajon
Napa
San Mateo
Vacaville
Fairfield
Newport Beach
San Rafael
Ventura
Gardena
Palmdale
Santa Barbara
Visalia
Hawthorne
Palo Alto
Santa Clara
Walnut Creek
Alameda
Albany
Belmont
Beverly Hills
Brea
Campbell
Ceres
Clovis
Coachella
Cotati
Culver City
Cupertino
Cypress
Danville
Del Mar
Dinuba
E1 Cerrito
El Segundo
Emeryville
Escalon
Fairfax
Clients with population under 50,000
Fort Bragg
Foster City
Gilroy
Grover Beach
Half Moon Bay
Hanford
Healdsburg
Hercules
Hermosa Beach
Indian Wells
Kingsburg
Lafayette
Laguna Beach
Lake Elsinore
Lakeport
La Palma
Larkspur
Los Banos
Los Gatos
Manhattan Beach
Manteca
Martinez
Menlo Park
Morgan Hill
Novato
Oakdale
Orinda
Oroville
Pacific Grove
Palm Desert
Palm Springs
Petaluma
Pittsburg
Placentia
Pleasant Hill
Porterville
Rancho Mirage
Rancho Palos Verdes
Rohnert Park
Rolling Hills Estates
San Anselmo
San Bruno
San Clemente
San Jacinto
San Ramon
Sand City
Santa Fe Springs
Santa Paula
Seaside
Selma
Shafter
Solvang
Tracy
Truckee
Tulare
Turlock
Ukiah
Watsonville
Westlake Village
West Sacramento
Willits
Woodland
Woodside
C: \BGTRES95 \RESRCP4.WK1
"1
City of Saratoga
11/08/95
Resolutions Approved
Fiscal YE 6/30/96
Appropriat.
Operating
General
Intragovermmntl
Total
Capital
for Gen. Fund
Grand
EXPENDITURES:
Programs
Government
Services
Operations
Projects-
Contingency
Total
Budget
$7,679;903.00
$987,509.00
$697,171.00
$9,364,583.00
$1,067,530.00
$200,000.00
$10,632,113.00
Res# 95— _30.03
44,858.00
(5,200.00)
52,066.00
91,724.00
(92,135.00)
(411.00)
Res# 95- 30.04
34,562.00
34,562.00
1,295.00
35,857.00
Res# 95 -30.05
0.00
205,192.00
205,192.00
Pending Resolution
7,250.00
7,250.00
0.00
7,250.00
Total
$7,724,761.00
$989,559.00
$783,799.00
$9,498,119.00
$1,181,882.00
$200,000.00
$10,880,001.00
IMPACT TO
REVENUES:
General
Other
Total
FUND BALANCES:
General
Other
Total
Budget
$7,267,757.00
$3,269,981.00
$10,537,738.00
Audited - 6/30/95
$2,585,000.00
$1,948,000.00
$4,533,000.00
Res# 95 -30.03
800.00
$800.00-
Res# 95 -30.03
(98,256:00)
99,467.00
1,211.00
Res# 95 -30.04
$0:00
Res# 95 -30.04
(35,857.00)
(35,857.00)
Res# 95 -30.05
40,000.00
106,000.00
$146,000.00
Res# 95 -30.05
(59,192.00)
(59,192.00)
Pending Resolution
25,000.00
$25,000.00
Pending Resolution
17,750.00
17,750.00
Total
$7,333,557.00
$3,375,981.00 $10,709,538.00
Total
($116,363:001_
$40,275.00
($76,088.00)
C: \BGTRES95 \RESRCP4.WK1
"1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. �� �� AGENDA ITEM
MEETING DATE: NOVEMBER 15, 1995 CITY MGR.:1
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD:
'5- . 8('6
SUBJECT: Resolution memorializing status of PG &E Compressed Natural
Gas fueling station equipment and tube trailer lease
payments for purposes of the Political Reform Act and FPPC
regulations
Recommended Motion(s):
Move to adopt the Resolution and authorize the City Manager to
execute the related Letter Agreement on behalf of the City.
Report Summary:
Attached is a Resolution prepared by the City Attorney and a Letter
Agreement prepared by PG &E which, together if approved, would
memorialize the status of the Compressed Natural Gas fueling
station equipment and tube trailer lease payments for purposes of
the Political Reform Act and Fair Political Practices Commission
regulations. Essentially, these documents state that the loaning
by PG &E of the fueling station ground equipment to the City for up
to 18 months, and the rebate to the City by PG &E of three months
worth of lease payments for the CNG tube trailer ($4,500), are not
gifts to any individual City official but rather, gifts to the
City. Additionally, the documents state the general terms under
which the fueling equipment and lease payments will be used to
further clarify that neither is in conflict with either PRA or FPPC
rules or regulations.
PG &E is requesting adoption of the Resolution and approval of the
Letter Agreement as a condition of loaning the ground equipment and
making the lease payment rebate. The City Attorney has reviewed
both documents and is satisfied with their contents.
Fiscal Impacts:
There are no fiscal impacts associated with adopting the Resolution
or approving the Letter Agreement.
t
Advertising. Noticing and Public Contact:
Nothing additional.
PG &E will not loan the fueling station equipment nor make the lease
payment rebate to the City.
Follow Up Actions:
The Letter Agreement will be executed by the City Manager and
returned to PG &E along with a certified copy of the Resolution.
Both documents will also be filed with the City Clerk per FPPC
regulations.
Attachments:
1. Resolution memorializing status of fueling station equipment and
lease payment rebate.
2. Letter Agreement.
RESOLUTION NO.
RESOLUTION MEMORIALIZING STATUS
OF PG&E COMPRESSED NATURAL GAS STATION FUELING
EQUIPMENT AND TUBE TRAILER LEASE AND PAYMENT
REBATE FOR PURPOSES OF THE POLITICAL REFORM ACT
AND THE FAIR POLITICAL PRACTICES COMMISSION REGULATIONS
WHEREAS, on September 14, 1995, the City and PG&E entered into an
agreement whereby PG&E will loan to the City certain compressed natural -gas station
fueling equipment for use by City in fueling natural -gas vehicles;
WHEREAS, PG&E desires to assure that the loan of equipment and lease
payment rebate is used by the City in a manner consistent with the Political Reform
Act and the Fair Political Practices Commission regulations;
NOW, Therefore, be it resolved by the City Council of the City of Saratoga, as
follows:
1. That the use of the PG&E compressed natural -gas station fueling
equipment and tube trailer lease payment rebates, if considered a gift under the
Political Reform Act is not a gift to any official of the City of Saratoga but rather to the
City of Saratoga, and the loan complies with the provisions of the FPPC Regulation
18944.2.
2. That the equipment and lease payment rebate are hereby accepted
by the City of Saratoga pursuant to the following terms of said regulation:
(1) The City will receive and control the equipment and any
payment rebate.
(2) The equipment and payment rebate will be used only for
official. City business.
(3) The City, in its sole discretion, will determine the specific
official or officials who shall use the equipment and any payment rebate.
3. That PG&E is the donor of the equipment and lease payment
rebate and that City employees who drive compressed natural -gas powered City
vehicles for City business will be the persons using the fuel and equipment.
4. That this resolution be filed with the City Clerk within thirty (30)
days of the receipt of the equipment by the City.
Passed and adopted by the City Council of the City of Saratoga, California, at a
meeting thereof held on the day of , 1995, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
Attest:
City Cleric
I: \W PD \M NRS W\273\RES95\PGE.RES
Pacific Gas and Electric Company
September 21, 1995
Mr. Larry Perlin
Public Works Department
City of Saratoga
1377 Fruitvale Avenue
Saratoga, CA 95070
119 Dear Mr. Perlin:
Sin Jose Civision
111 Almaden Boulevard. Room 700
P.O. Box 15005
San Jose. CA 95115 -0005
4008/282 -7509
This letter agreement is in regard to the PG &E compressed
natural gas station fueling equipment and tube trailer lease
payment rebate which PG &E provided to you pursuant to the
agreement between the City of Saratoga and PG &E, dated September
14, 1995. For purposes of the Political Reform Act ( "PRA ") and
the Fair Political Practices Commission ( "FPPC ") regulations,
PG &E wishes to document specifically that the provision of the
use of the natural gas station fueling equipment to you to be
used at your discretion, if considered a gift under the PRA, is
a gift to the City of Saratoga, a public agency and not to any
specific official.
Therefore, the parties hereby agree that the use of the PG &E
compressed natural gas station fueling equipment and tube
trailer lease payment rebate if considered a gift under the PRA
is not a gift to any official of the City of Saratoga but rather
to the City of Saratoga, the public agency and the provision of
the loan complies with the provisions of FPPC Regulation
18944.2 which, in pertinent part, states:
(a) A payment, which is a gift as defined in
Government Code Section 82028, shall be deemed
• gift to a public agency, and not a gift to
• public official, if all of the following
requirements are met:
(1) The agency receives and controls the
payment.
(2) The payment is used for official agency
business.
(3) The agency, in its sole discretion,
determines the specific official or
officials who shall use the payment.
However, the donor may identify a specific
purpose for the agency's use of the payment,
so long as the donor does not designate the
specific official or officials who may use
the payment.
(4) The agency memorializes the payment in a
resolution accepting the equipment and lease
payment rebate which embodies the
requirements of subdivisions (a)(1) to
Mr. Perlin
September 21, 1995
Page 2
(a)(3) of this regulation set forth above
and which:
(A) Identifies the donor and the official,
officials, or class of officials
receiving or using the payment.
(B) Describes the official agency use and
the nature and amount of the payment;
and
(C) Is filed with the agency official
who maintains the records of the
agency's statements of economic
interests where the agency has a
specific office for the maintenance of
such statements, or where no specific
office exists for the maintenance of
such statements, at a designated office
of the agency, and the filing is done
within 30 days of the receipt of the
payment by the agency . . . .
Please confirm by signing below that the City of Saratoga has
or will promptly (within 10 days from execution of this letter
agreement) memorialize the use of the natural gas fueling
equipment and the tube trailer lease payment rebate as a gift to
the public agency and it has or will file as a public record
such memorialization as required by Section 18944.2(a) (4) with
the appropriate official or entity. In addition, the parties
agree that this letter agreement shall not otherwise affect the
agreement between PG &E and the City of Saratoga, dated September
14, 1995, for the provision of the natural gas fueling equipment
and the tube trailer lease payment rebate.
Sincerely,
William C. Dunckel
Account Executive
WCD:ss
Accepted and Agreed To:
By:
For:
Date:
cc: Maureen McCarthy - PG &E
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.� U
MEETING DATE: November 15, 1995
6A
AGENDA ITEM 'ti_
CITY MGR.
ORIGINATING DEPT. Community Development
SUBJECT: Adoption of California Codes
Recommended Motion(s):
Introduce the California Building Code, Plumbing Code, Mechanical
Code, Electrical Code, Fire Code, Uniform Housing Code and
Uniform Code for the Abatement of Dangerous Buildings Code, with
amendments, by reference only and waive reading.
Report Summary:
The California code adoption process occurs triennially. The
1994 model codes were published in July 1995 and become effective
in January 1996. Local jurisdictions may amend the state codes
to accommodate local conditions based on climatic, geological and
topographic conditions. The codes are technical in nature and
are adopted by reference. However, local modifications to the
model codes must be adopted by ordinance in order to validate
local amendments. Additionally, the City must provide the State
of California, Department of Housing and Community Development,
with "Findings of Facts" justifying local modifications.
The new edition of the Building and Fire codes have been
completely reorganized. Therefore, the City Code amendments to
both codes has been rewritten in their entirety. Many of the
City's amendments have been codified in the new codes thereby
eliminating many previously existing City Code amendments. Their
are four new basic amendments proposed for the new building code;
1) Section 16- 15.110, amend Section 310.7 to reduce requirements
and allow for single room occupancies. See page 6 & 7.
2) Section 16- 15.150, amend Section 1923.1 to establish minimum
requirements for concrete slabs on grade. See page 9.
3) Section 16- 15.170, amend Section 2326.11.3, items 7, to
delete the use of gypsum board as a method of bracing and
restricts the use of Portland Cement Plaster as bracing.. See
page 9 & 10.
4) Section 16- 15.180, amend Section 3403 by adding a new
paragraph to require the upgrade of existing suspended ceiling
during alteration and repair projects. See page 10.
These amendments coincide with the recommendations for code
amendments proposed by the Silicon Valley Uniform Code Adoption
Committee. This committee, composed of local Building Officials,
has worked for the last year with 26 Bay Area jurisdictions and
the construction industry to develop a standard set of code
amendments to reduce costs of construction in the Bay Area. Other
recommended amendments in the plumbing, mechanical and electrical
code are currently codified in the Saratoga City Code.
"Finding of Facts" for all new amendments are located in the
attached proposed code at the end of each new section under
FINDINGS. "Finding of Facts" for existing amendments were
previously approved and are not provided in this document.
Staff recommends that the City Council introduce the proposed
codes and instruct staff to prepare and ordinance for adoption at
the December 6, 1995 regular City Council meeting.
Fiscal Impacts:
None
Advertising, Noticing and Public Contact:
Notice required for public hearing.
Consequences of Not Acting on the Recommended Motions:
Local amendments will be invalid.
Follow Up Actions:
Staff shall prepare an ordinance for the adoption of the model
codes and local amendments to be presented at the December 6,
1995 regular City Council meeting.
Attachments:
Proposed model-codes and local amendments.
o: \exec.sum (rev.1/11/94)
2
amendments proposed by the Silicon Valley Uniform Code Adoption
Committee. This committee, composed of local Building Officials,
has worked for the last year with 26 Bay Area jurisdictions and
the construction industry to develop a standard set of code
amendments to reduce costs of construction in the Bay Area. Other
recommended amendments in the plumbing, mechanical and electrical
code are currently codified in the Saratoga City Code.
"Finding of Facts" for all new amendments are located in the
attached proposed code at the end of each new section under
FINDINGS. "Finding of Facts" for existing amendments were
previously approved and are not provided in this document.
Staff recommends that the City Council introduce the proposed
codes and instruct staff to prepare and ordinance for adoption at
the December 6, 1995 regular City Council meeting.
cal Impacts:
None
Advertising, Noticing and Public Contact:
Notice required for public hearing.
Conseauences of Not Acting on the Recommended- Notions:
Local amendments will be invalid.
Follow Op Actions:
Staff shall prepare an ordinance for the adoption of the model
codes and local amendments to be presented at the December 6,
1995 regular City Council meeting.
Attachments:
Proposed model-codes and local amendments.
o: \exec.sum (rev.1/11/94)
2
SECTION 1: Section 16- 10.010 in Article 16 -10 of the City Code
is amended to read as follows:
§16- 10.010 Adoption of the Uniform Administrative Code
Section 16- 10.010 is hereby deleted.
SECTION 2. Article 16 -15 of the City code is hereby amended in
it's entirety to read as follows:
"ARTICLE 16 -15"
BUILDING CODE
Sections:
1
16- 16.010
Adoption of the California Building Code
16- 15.020
Additions, deletions and amendments
16- 15.030
Section 104.2.1.1 added concerning Interpretation
16- 15.040
Section 104.3 added concerning Authority to
Disconnect Utilities
16- 15.050
Section 105 amended concerning Board of Appeals
16- 15.060
Section 106.4.2 and 106.4.4 amended concerning
plans and expiration.
16- 15.070
Section 107 amended concerning permit fees
16- 15.080
Section 107.3 amended concerning plan review fees.
16- 15.090
Section 107.5.2 amended concerning investigation
fees
16- 15.100
Section 302.4 amended concerning occupancy
inspection
JNEW
16- 15.110
Section 310.7 amended concerning SRO
16- 15.120
Section 403.2.1.1 added concerning automatic
sprinkler systems
16- 15.130
Section 1806 added concerning reinforcement
16- 15.140
Section 1503.1 added concerning roof covering
/NEW
16- 15.150
Section 1923.1 amended concerning concrete slabs
16- 15.160
Section 2317.3 added concerning under floor.
clearance
JNEW
16- 15.170
Section 2326.11.3, item 7, amended concerning
gypsum board
/NEW
16- 15.180
Section 3403 add paragraph concerning suspended
ceilings
16- 15.190
Table A -33 -A amended concerning grading plan check
fees
16- 15.200
Table A -33 -B amended concerning grading permit
fees
16- 15.210
Section 3310 of Appendix 33 is deleted
16- 15.220
Section 3311 of Appendix 33 amended concerning
grading bonds
16- 15.230
Section 3316 of Appendix 33 amended concerning
erosion control
16- 15.240
Section 3319 added to Appendix 33 concerning
1
general provisions
16- 15.250 Section 3309.1.1 added concerning general
requirements
§16- 15.010 Adoption of Uniform Building Code.
The 1994 Edition of the California Building Code Vol I, Vol
II and Vol III, including Appendix Chapters 3, 4 Div. I, 15, 31
Div. II, 31 Div III, and 33 only, as compiled and published by
the International Conference of Building Officials and amended by
the State of California, hereinafter referred to as the "Building
Code," one copy of which has been filed for use and examination
by the public in the office of the City Clerk, is hereby referred
to and, except as to additions, deletions and amendments
hereinafter noted, such Code is hereby adopted and made a part
hereof, the same as if fully set forth in this Article, and shall
be the Building Code of the City.
516- 15.020 Additions, deletions and Amendments
The additions, deletions and amendments set forth in this
article are hereby made to the Building Code, as adopted by
reference in section 16- 15.010.
§16- 15.030 Section 104.2.1 is added concerning Interpretation.
Section 104.2.1 is hereby added to the Building Code to read as
follows:
Sec. 104.2.1 Interpretation. The Building Official shall
have the power to render interpretations of this code and
the referenced technical codes, and to adopt and enforce
rules and regulations supplemental to this code as may be
deemed necessary to in order to clarify the application of
the provisions of the code. Such interpretation, rules and
regulations shall be in conformity with the intent and
purpose of this code.
§16- 15.040 Section 104.3 is added concerning Authority_to
Disconnect Utilities.
Section 104.3 is hereby added to the Building Code to read as
follows:
Sec. 104.3 Authority to disconnect Utilities.
Sec. 104.3.1 Authority to Disconnect Utilities. The building
official or the building officials authorized representative
shall have the authority to disconnect the utility service
or energy supply to the building, structure or building
service equipment therein regulated by the code or the
technical codes in case of emergency where necessary to
eliminate an immediate hazard on the property. When ever
possible, the building official shall notify the service
utility, property owner and occupant of such action. As
soon as possible, the building official shall notify same in
writing of any disconnection.
Sec. 104.3.2 Authority to Condemn Building Service
Equipment. When the building official ascertains that, the
building service equipment regulated in the technical codes
has become hazardous to life, health or property, or has
become insanitary, the building official shall order in
writing that such equipment be removed or restored to a safe
and sanitary condition. The written notice itself shall fix
a time for compliance with such order. Defective service
equipment shall not be maintained after receiving such
notice. The building official shall institute appropriate
action to prevent, restrain, correct or abate any violation
of this section.
Sec. 104.3.3 Connection after order to Disconnect. Persons
shall not make connection from any power supply nor connect
any power equipment which has been disconnected or ordered
to be disconnected by the building official or the use of
which has been ordered to be disconnected by the building
official until the building official authorized the
reconnection and use of such equipment.
§16- 15.050 Section 105 amended concerning Board of Appeals.
Section 105 of the Building Code is hereby amended to read as
follows:
Sec. 105 Board of Appeals. In order to determine the
suitability of alternate materials and methods of
construction and to provide for reasonable interpretations
of the technical codes, there shall be and is hereby created
a Board of Appeals consisting of the City Engineer, the
Chief Building Inspector and one other member to be
appointed by the City Council and shall hold office at its
pleasure. The Board shall adopt rules of procedure for
conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy
to the City Manager.
§16- 15.060 Section 106.4.2 is amended concerning Retention of
Plans.
Section 106.4.2 and 106.4.4 of the Building Code is hereby
amended to read as follows:
Sec. 106.4.2. Retention of Plans. One set of reviewed plans
and specifications shall be returned to the applicant and
shall be kept on the site of the building or work at all
times during which the work authorized thereby is in
progress. One set of reviewed plans, specifications and
computations shall be retained by the building official as
part of his permanent records.
Sec. 106.4.4 Expiration. Every permit issued by the building
official under the provisions of the technical codes shall
expire by limitation and become null and void, if the
building or work authorized by such permit is not commenced
within one hundred eighty days from the date of such permit,
or if the building or work authorized by such permit is
suspended or abandoned at any time after the work is
commenced for a period of one hundred eighty days, or if the
permittee fails or refuses to request an inspection pursuant
to this Code-within any period of one hundred eighty
consecutive days after the work authorized by the permit is
commenced. Before such work can be recommenced, a new permit
shall be first obtained to do so, provided no changes have
been made or will be made in the original plans and
specifications for such work; and provided further that such
suspension or abandonment has not exceeded one year. The fee
for issuance of such new permit shall be one -half of the
full permit fee if the new permit is issued within one
hundred eighty days after expiration of the prior permit, or
the full permit fee if the new permit is issued more than
one hundred eighty days after such expiration, based upon
the fee schedule adopted by the City Council as of the time
the new permit is issued; provided, however, upon written
request by the applicant showing, to the satisfaction of the
building official, that the prior permit expired as a result
of exceptional circumstances beyond the reasonable control
of the applicant, the building official may waive the
payment of a fee for issuance of the new permit.
Where a permit has expired in accord with the foregoing, and
the building, structure, or other work authorized by such
permit has not been completed, if a new permit for such work
is not obtained within thirty days thereafter, said
building, structure, or work shall be conclusively presumed
to be abandoned and a hazard to the public health, safety
and welfare, and subject to all of the provisions of Section
203 of Chapter 2 of this Code.
§16- 15.070 Section 107 amended concerning Permit Fees.
Section 107 of the Building Code is hereby amended to read as
follows:
Sec. 107 Permit Fees. The amount of the fees to be paid for
each permit shall be established by resolution of the City
Council.
§16- 15.080 Section 107.3 is amended concerning Plan Review Fees.
Section 107.3 of the Building Code is hereby amended to read as
follows:
Sec. 107.3 Plan Review Fees. When a plan or other data are
required to be submitted by Section 106.3.2, a plan review
fee shall be paid at the time of submitting plans and
4
specifications for review. Said plan review fee shall be
established by resolution of the City Council.
Where plans are incomplete or changed so as to require
additional plan review, an additional plan review fee shall
be charged as established by resolution of the City Council.
§16.15.090 Section 107.5.2 is amended concerning Investigation
Fees.
Section 107.5.2 of-the Building Code is hereby amended to read as
follows:
Sec. 107.5.2 Fee. An investigation fee, in addition to the
permit fee, shall be collected whether or not a permit is
then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee required by this code.
The minimum investigation fee shall be the same as the
minimum fee set forth in the permit fee schedule established
by resolution of the City Council. The payment of such
investigation fee shall not exempt any person from
compliance with all other provisions of this code or the
technical codes nor from any penalty prescribed by law.
§16- 15.100 Section 302.4 is amended concerning occupancy
separations.
Section 302.4 exception 3 of the Building Code is amended to read
as follows:
Exception 3. In the one -hour occupancy separation between a
Group R, Division 3 and U Occupancy, the separation may be
limited to the installation of materials approved for
one -hour fire - resistive construction and a self - closing,
tight- fitting solid wood door 1 -3/8 inches in thickness will
be permitted in lieu of a one -hour fire assembly. Fire
dampers need not be installed in air ducts passing through
the wall, floor or ceiling separating a Group R, Division 3
Occupancy from a Group M Occupancy, provided such ducts
within the Group M Occupancy are constructed of steel having
a thickness not less than 0.019 inch (No. 26 galvanized
steel gauge) and have no openings into the Group M
Occupancy. In remodel work, the one hour separation shall be
limited to the attic separation areas only and the
installation of a tight- fitting solid wood door 1 -3/8 inches
in thickness with a self- closing device.
This amendment to the Uniform Building Code, 1988 Edition,
is required because of the risk of fire created by'the
climatic and geologic conditions in the City.
5
J NEW AMENDMENT
§16- 15.110 Section 310.7 is amended concerning SRO.
Section 310.7 of the building Code is hereby amended to read as
follows:
See. 310.7 Efficiency Dwelling Unit.
1. The single room occupancy (SRO) shall have a living room
of not less than 150,square feet of superficial floor area.
An additional 100 square feet of superficial floor area
shall be provided for each occupant of such SRO unit in
excess of two.
2. The SRO unit shall be provided with a separate closet.
3. The SRO unit may be provided with a kitchen sink,
cooking appliance and refrigerator facilities, each having a
clear working space of not less than 30 inches in front.
Light, ventilation and emergency egress conforming to this
code shall be provided.
4. Every building shall be provided with one water closet.
Every hotel or subdivision thereof where both sexes are
accommodated shall contain at least two separate toilet
facilities which are conspicuously identified for male and
female use, each of which contains at'least one water
closet.
EXCEPTION: Hotel guest rooms may have one identifies toilet
facility.
Additional toilet facilities shall be provided on each floor
for each sex at a rate of one for every additional ten
guest, or fraction thereof, in excess of ten.
Every SRO shall be provided with a kitchen equipped with a
kitchen sink; however, that single room occupancy living
unit facilities and single room occupancy residential hotels
may contain partial kitchen facilities so long as a sink is
provided and laundry facilities and kitchen facilities are
provided on each floor accessible from a public hallway.
Every SRO and every lodging house shall be provided with a
bathroom equipped with facilities consisting of a water
closet, lavatories and either a bathtub or shower; however,
that single room occupancy residential hotels may contain
partial bathroom facilities. If individual bath facilities
are not provided, common bath facilities must be provided as
follows:
There shall be provided on each floor, for each sex, at
least one water closet and lavatory and one bath, accessible
from a pubis hallway. Additional equivalent facilities
shall be provided on each floor for each sex at a rate of
2
one for every additional ten guest or fraction thereof in
excess of ten. As an alternative, adequate unisex
facilities may be provided. Each sink, lavatory and bath or
shower shall be provided with hot and cold running water.
FINDINGS: The cost of housing in the Bay Area is one of the
highest in the nation. To increase housing in the low end of the
market, single room occupancy (SRO) can be a viable alternative.
Most cities have realized that SRO's, when appropriately located
in commercial or high density residential zones, can be an
important factor in attracting commercial service businesses
which is necessary for a balance population.
A growing number of cities have already taken a strong position
on promoting SRO's as well as preserving what is already being
used as SRO. Following this trend in Silicon Valley, which is
heavily populated, will give the region an economic and social
advantage as well as providing further opportunities for low the
income segment of the population.
§16- 15.120 Section 403.2.1.1 is added concerning Automatic
Sprinklers.
Section 403.2.1.1 is hereby added to the Building Code, to read
as follows:
Sec. 403.2.1.1 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.
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 equalling 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.
3. Any existing garage which is altered, added to, or
expanded so as to increase the size of such garage by either
7
200 or more square feet or thirty -three or more percent of
the original size, whichever is less.
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.
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 City 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.
§16- 15.130 Section 1806 is added concerning Reinforcement.
Section 1806, first paragraph, is hereby added to the Building
Code, to read as follows:
Sec. 1806 Reinforcement. A minimum of two one -half inch bars
of metal reinforcement placed continuous in foundations
shall be required for Group R and M occupancies without
engineering design.
516- 15.140 Section 1503.1 added concerning Roof Covering.
Section 1503.1 of the Building Code is hereby amended to read as
follows:
Sec. 1503.1 Roof Covering. Roofs shall be as specified in
this code and as otherwise required by this chapter.
N
The foregoing provisions notwithstanding, roof coverings on
all buildings and structures hereafter erected or
constructed in a designated hazardous fire area in the City,
shall be fire - retardant, or shall comply with the standards
established for Class A or B prepared or built -up roofing.
All replacement roofs for existing buildings and structures
in a hazardous fire area shall comply with this requirement,
except that a replacement of less than 10 percent of the
total roof area shall be exempt.
V NEW AMENDMENT
§16- 15.150 Section 1923.1 is amended concerning Concrete Slabs.
Section 1923.1 of the Building code is hereby amended to read ad
follows:
Sec. 1923.1 General. The minimum thickness of concrete
floor slabs supported directly on the ground shall be not
less than 3 -1/211. The slab shall be reinforced with not
less than six inches ten -gage wire mesh or an approved
alternate installed at mid height of the slab.
FINDING: Due to expansive soil conditions, the above are typical
minimum requirements by soils engineers in the Silicon Valley in
order to avoid damage due to soil expansion and shrinkage.
§16- 15.160 Section 2516(n) is added concerning under floor
clearance.
Section 2317.3 is hereby added to the Building Code, to read as
follows:
Sec. 2317.3 Under floor clearance. Unless otherwise approved
by the building official, the minimum under floor clearances
between the bottom of the floor joists, and /or girders,
shall not be less than 18 inches to exposed ground in crawl
spaces or excavated or unexcavated areas located within the
periphery of the building foundation.
V NEW AMENDMENT
§16- 15.170 Section 2326.11.3, Item 7, is amended concerning
Gypsum Board.
Section 2326.11.3, Item 7, of the Building Code is hereby amended
to read as follows:
Sec. 2326.11.3, Item 7. Portland cement plaster on studs
spaced 16 inches on center installed in accordance with
Table No. 47 -I. Limited to single story R -3 and U -1
occupancies.
FINDING: The entire Silicon Valley is located in seismic zone 4.
Seismic zone 4 is most susceptible to damage from earthquakes.
Gypsum wall board and portland cement plaster have preformed
poorly during recent California seismic events. The shear values
of gypsum wall board and portland cement stucco contained in the
code are based on mono - directional testing. It is appropriate to
limit the use of these products until cyclic load testing are
preformed and evaluated.
J NEW AMENDMENT
516- 15.180 Section 3403 amended concerning Suspended Ceilings.
Section 3403 of the Building Code is hereby amended to read as
follows:
Sec. 3403 Suspended Ceilings. When a permit is issue for
alteration or repairs, the existing suspended ceiling system
within the area of alteration or repair shall comply with
the lateral design requirements.of UBC Standard 25 -2 Part
III.
FINDINGS: This amendment is necessary to mitigate a know seismic
hazard in existing buildings due to Silicon Valley's proximity to
local active seismic faults.
516- 15.190 Table A -33 -A of Appendix Chapter 33 is amended
concerning Plan Check Fees.
Table A -33 -A of Appendix Chapter 33 of the Building Code is
amended to read as follows:
Table A -33 -A
Plan checking fee. For excavation and fill on the same site,
the fee shall be based on the volume of the excavation or
fill, whichever is greater. Before accepting a set of plans
and specifications for checking, the building official shall
collect a plan checking fee in an amount as established from
time to time by resolution of the City Council. Separate
permits and fees shall apply to retaining walls or major
drainage structures, as indicated elsewhere in this Code.
There shall be no separate charge for standard terrace
drains and similar facilities. The plan checking fee for a
grading permit authorizing additional work to that under a
valid permit shall be the difference between the fee paid
for the original permit and the fee shown for the entire
project.
§16- 25.200 Table A -33 -B is amended concerning Grading permit
Fees.
Table A -33 -B of the Building Code is hereby amended to read as
follows:
1. Grading permit fees. A fee for each grading permit shall
be paid to the building official, in such amount as
10
established from time to time by resolution of the City
Council. The fee for a grading permit authorizing additional
work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee
shown for the entire project.
2. Special fees. The building official may engage the
services of geologists, engineering geologists, soils
engineers, foresters, and landscape architects as he
determines to be necessary-to review grading plans and
activities. The cost of such services shall be charged to
and paid by the applicant.
§16.15.210 Section 3310 of Appendix 33 is deleted.
§16- 15.220 Section 3311 of Appendix Chapter 33 amended concerning
Grading-Bonds.
Section 3311 of Appendix Chapter 33 of the Building Code is
amended to read as follows:
Sec. 3311 Grading Bonds. Every permittee shall be required
to post a cash or surety bond with the City in an amount
sufficient to cover the cost of the grading project,
including corrective work necessary to eliminate any
hazardous conditions, to insure that the work will be
completed strictly in accord with the approved plans and
specifications. Each bond shall insure that the permittee
shall comply with all the provisions of this Code and all
other applicable laws and ordinances, that he will comply
with all the terms and conditions of the permit to the
satisfaction of the building official and that he will
complete the work within the time limits as specified in the
permit. In the event of any failure to complete the work or
failure to comply with all the conditions and terms of the
permit, the building official may order the work required by
the permit to be completed to his satisfaction, and the
surety shall continue to be firmly bound under a continuing
obligation for the payment of all necessary costs and
expenses that may be incurred or expended by the City in
causing all such work to be done, including engineering fees
and attorney's fees.
§16- 15.230 Section 3316 of Appendix Chapter 33 amended concerning
Erosion Control.
Section 3316 of Appendix Chapter 33 of the Building Code is
amended to read as follows:
Sec. 3316 Slopes. The faces of cut and fill slopes shall be
prepared and maintained to control against erosion. All
cut and fill surfaces subject to erosion shall be
planted with ground cover which is compatible with the
natural ground covers in the City and which will thrive
11
with little maintenance. Earth slopes shall be contour
graded to encourage landscaping. Cut and fill along
public roads may be required to be landscaped to blend
into the natural surroundings. Plants used shall be at
heights which will not obstruct vehicular sight
distances on City streets, as determined by the building
official. All plant materials shall be satisfactory to
the building official. The protection of the slopes
shall be installed as soon as practicable and prior to
calling for final grading approval. When cut slopes are
determined by the building official not to be subject to
erosion due to the erosion resistant character of the
materials, planting precautions may be omitted.
Other devices. Where necessary, check dams, cribbing, riprap
or other methods shall be employed to control erosion and
provide safety.°
§16- 15.240 Section 3319 is added to Appendix Chapter 33
concerning General Provisions.
Section 3319 is added to Appendix Chapter 33 of the Building
Code, to read as follows:
Sec. 3319 Restricted hours. Unless specifically exempted,
grading will be restricted to the hours between 7:30
a.m. and 6:00 p.m., Monday through Friday, except in the
event of an emergency which imperils the public safety.
The building official may grant an exemption upon his
determination of an emergency.
§16- 15.250 Section 3309.1.1 is added concerning General
Requirement.
Section 3309.1.1 is hereby added to the Building Code to read as
follows:
Sec. 3309.1.1 General Requirements. Notwithstanding any
provision of the Building Code to the contrary, a grading
permit shall be required for any cut or fill exceeding a
quantity of ten cubic yards, or any increase or decrease in
the elevation of any portion of a lot by more than one foot,
except for changes in elevation for the construction or
installation of any building foundation, basement, pool or
other structure for which a building permit has been issued
by the City and the excavated material is removed from the
site. (Ord. 71.99 § 30, 1991)
Section 3: Article 16 -20 of the city code is amended in it's
entirety to read as follows:
"ARTICLE 16 -20"
FIRE CODE
12
16- 20.010 Adoption of the California Fire Code.
16- 20.020 Additions, deletions and amendments.
16- 20.030 Section 103.3.2.3 is added concerning Final Inspection.
16- 20.040 Section 103.3.2.4 is added concerning Training.
16- 20.050 Section 103.4.7 is added concerning Abatement of Hazard.
16- 20.060 Section 105.2.1.1 added concerning Permit Fees.
16- 20.070 Section 105.8.f.6 is added concerning Fire Protection
Systems.
16- 20.080 Section 105.8 i.1 is added concerning Institutional.
16- 20.090 Table 105 -A is amended concerning Amounts of Compressed
Gases.
16- 20.100 Section 209 -H is added concerning Hazardous Materials
Business Plan.
16- 20.110 Section 214 -M is added concerning Moderately Toxic Gas.
16- 20.120 Section 220 -S is added concerning Storage Facility.
16- 20.130 Section 903.3 is amended concerning Water Supplies and
Fire Hydrants.
16- 20.140 Section 1001.11 is added concerning Fire - Protection
Systems and Equipment.
16- 20.150 Section 1003.1.4 is added concerning Fire Extinguishing
Systems.
16- 20.160 Section 1004.6 is added concerning Standpipes.
16- 20.170 Table 1004 -A is amended concerning Standpipe Required
Systems.
16- 20.180 Section 1007.3.3.3.5 is added concerning Fire Alarm
Systems.
16- 20.190 Section 2501.18.2 is amended concerning Requirement for
Use of Candles and other open -Flame Devices.
16- 20.200 Section 5202.4.3.2, first and second paragraphs, are
amended concerning Motor Vehicle Fuel- Dispensing
Stations.
16- 20.210 Section 5204.5.2.1 is added concerning Storage Limits.
16- 20.220 Section 6301 is amended concerning Refrigeration.
16- 20.230 Section 7401.6.4 is amended concerning Compressed Gases.
16- 20.240 Section 7701.7.2 is amended concerning Explosive
Materials.
16- 20.250 Section 7901.1.1.1 is added concerning Flammable and
Combustible Liquids.
16- 20.2.60 Section 7901.8.1 is amended concerning General
Requirements.
16- 20.270 Section 7901.11.1.1 is amended concerning Piping, Valves,
Fittings and Related Equipment.
16- 20.280 Section 7901.3.2 is deleted concerning Plans.
16- 20.290 Section 7902.2.2.1 is amended concerning Location of
Tanks.
16- 20.300 Section 8001.1.1 first paragraph, is amended concerning
Hazardous Materials.
16- 20.310 Section 8001.1.1.1 is added concerning General Safety.
16- 20.320 Section 8001.2.2 is amended concerning Definitions.
16- 20.330 Section 8001.3.2, first paragraph, is amended concerning
Hazardous Materials Management Plan.
16- 20.340 Section 8001.4.2.1 is added concerning Orifices.
16- 20.350 Section 8001.4.3.2 is amended concerning Design and
Construction.
16- 20.360 Section 8001.4.3.3 is amended concerning Supply Piping.
13
16- 20.370 Section 8001.5.2.2 is amended concerning
Notification.
16- 20.380 Section 8001.7 is .amended concerning Identification
Signs.
16- 20.390 Section 8001.4.7.4 is added concerning Annual
Maintenance.
16- 20.400 Section 8001.9.8 is amended concerning Separation of
Hazardous Materials.
16- 20.410 Section 8001.10.1.1 is added concerning Facility
Transport.
16- 20.420 Section 8001.10.1.2 is added concerning Transport Safety.
16- 20.430 Section 8001.12.3.3 is amended concerning Height.
16- 20.440 Section 8001.14.5 is added concerning Containment.
16- 20.450 Section 8001.14.6 is added concerning Highly Toxic and
Toxic Gases.
16- 20.460 Section 8001.15 is added concerning Moderately Toxic
Gases.
16- 20.470 Section 8001.16 is added concerning Maximum Threshold
Quantity.
16- 20.480 Section 8003.1 is amended concerning General
Requirements.
16- 20.490 Section 8003.1.7.4 is amended concerning Secondary
Containment.
16- 20.500 Section 8003.1.14.1 is amended concerning general
Requirements.
16- 20.510 Section 8003.3.1.3.1 is amended concerning Ventilated
Areas.
16- 20.520 Section 8003.3.1.4 is amended concerning Emergency Power.
16- 20.530 Section 8003.3.2.1 is amended concerning General
Requirements.
16- 20.540 Section 8003.3.2.2.2 is amended concerning Distance
Limitations.
16- 20.550 Section 8003.3.3.3.1 is added concerning Cylinder Leak
Tests.
16- 20.560 Section 8003.3.3.4.1 is added concerning Excess Flow
Control.
16- 20.570 Section 8004.1.1 is amended concerning Applicability.
16- 20.580 Section 8004.1.19 is added concerning Emergency Plan.
16- 20.590 Section 8202.1, third paragraph, is amended concerning
Permits and Plans.
16- 20.600 Section 8204.2.1 is added concerning Established Limits.
16- 20.610 Section 16.3 is added to Appendix II -A concerning
Firebreak Vegetation.
16- 20.620 Section 25 is added to Appendix II -A concerning Roof
Coverings.
16- 20.630 Section 26 is added to Appendix II -A concerning Hazardous
Fire Area Designations.
16- 20.640 Section 5 is added to Appendix II -B concerning
Distribution of Fire Hydrants.
§16- 20.010 Adoption of Uniform Fire Code.
The 1994 Edition of the Uniform Fire Code, including
14
Appendices I -C, II -A, II- B, II -C, II -D, II -F, II -I, III -A, III -B,
III -D, IV -A, IV -B, V -A, VI -A, VI -B, and the 1994 Edition of the
Uniform Fire Code Standards, as published by the International
Conference of Building Officials and the International Fire Code
Institute, hereinafter referred to as the Fire Code, one copy of
which has been filed for use and examination by the public in the
office of the City Clerk, is hereby referred to and, except as to
additions, deletions and amendments hereinafter noted, such Code is
hereby adopted and made a part hereof, the same as if fully set
forth in this Article, and shall be the Fire Code of the City.
§16- 20.020 Additions, deletions and amendments.
(a) The additions, deletions and amendments set forth in this
Article are hereby made to the Fire Code as adopted by reference in
Section 16- 20.010.
(b) To the extent that any provisions of this Article, or the
Fire Code adopted herein by reference, constitute a modification or
change in the regulations otherwise contained in any uniform code,
as adopted by the City in this Chapter, it is hereby found and
determined that such modifications and changes are reasonably
necessary by reason of local conditions in the City, including the
existence of hazardous fire areas, larger home and garage sizes,
restricted traffic circulation and access to certain portions of
the City and areas having steep topography and heavy combustible
vegetation.
§16- 20.030 Section 103.3.2.3 is added concerning Final
Inspection
Section .103.3.2.3 is hereby added to the Fire Code to read as
follows:
Sec. 103.3.2.3 Final Inspection. No final inspection as to
all or any portion of a development shall be deemed
completed until the installation of the required facilities
and access ways have been completed and approved. No final
certificate of occupancy may be granted until the Fire
District issues notice of final clearance to the Building
Department.
516- 20.040 Section 103.3.2.4 is added concerning Training.
Section 103.3.2.4 is hereby added to the Fire Code to read as
follows:
Sec. 103.3.2.4 Training. When required by the Chief, newly
constructed buildings shall be made available to the Fire.
District for familiarization training operations prior to
occupancy. Additionally, instruction /operations manuals
and orientation presentations shall be provided by the
building owner when required by the Chief. This training
shall not delay occupancy of the building.
§16- 20.050 Section 103.4.7 is added concerning Abatement of
15
Hazard.
Section 103.4.7 is hereby added to the Fire Code to read as
follows:
Sec. 103.4.7 Abatement of Hazards.
(a) The maintenance of real property in violation of
this code, or any order of the fire district pursuant.
hereto, is declared to be a public nuisance and is
subject to abatement in accordance with Article 3 -15
of the Saratoga City Code.
b) Notwithstanding paragraph (a) of this Section, if real
property is maintained in violation of this code or any
order of the fire district pursuant hereto and such
violation constitutes, in the opinion of the Fire Chief, a
fire hazard of such nature that immediate action is required
to protect the public health, safety and welfare, the fire
district may apply the emergency nuisance abatement
procedure set forth in Article 3 -20 of the Saratoga City
Code and take all necessary and immediate steps to abate the
hazard without prior notice to the occupant of the property.
In such 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 City Code. Such procedure is not intended to be
exclusive and the City or the fire district may,
simultaneously or successively, exercise any other rights
and remedies provided by law.
§16- 20.060 Section 105.2.1.1 added concerning Permit Fees.
Section 4.109 is hereby added to the Fire Code, to read as follows:
Sec. 4.109. 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 schedule shall be maintained in the office of the
City Clerk and such other locations as may be deemed necessary
for public inspection.
§16- 20.070 Section 105.8 f.6 is added concerning Fire
Protection Systems.
Section 105.8 f.6 of the Fire Code is hereby added to read as
follows:
Sec. 105.8 f.6 Fire Protection Systems. Unless otherwise
herein noted, a permit shall be required to install,
16
alter or change any fire hydrant system, fire
extinguishing system or fire alarm system which was
previously required by permit.
516- 20.080 Section 105.8 i.1 is added concerning
Institutional.
Section 105.8 i.1 is hereby added to the Fire Code to read as
follows:
Sec. 105.8 i.1 Institutional. It shall be unlawful to operate,
maintain or use any institutional facility until all state and
local laws and regulations governing safety from fire and
panic have been satisfactorily complied with and a permit for
such occupancy has been issued by the Fire Chief. As used
herein, the term institutional facility includes, but is not
limited to, hospital children's home, home or institution for
persons with physical or mental disabilities or illness, home
or institution for the care of aged or senile persons,
sanitarium, nursing or convalescent home, certified family
care homes, and day care nurseries, residential care hoes for
the elderly, nursing or convalescent homes, and halfway
houses.
§16- 20.090 Table 105 -A is amended concerning Amounts of
Compressed Gases.
TABLE 105 -A of the Fire Code is hereby amended to read as follows:
UFC TABLE 105 - A Permit Amounts For Compressed
Gases'
Type of Gas
Amount (cubic Feet) x
0.0283 for M3
Corrosive
200
Flammable (except
cryogenic and liquefied
petroleum gases)
200
Highly Toxic
Any Amount
Inert and simple
asphyxiant
6,000
Irritant
200
Moderately Toxic
20
Other Health Hazards
650
Oxidizing (including
oxygen)
504
17
Pyrophoric
Any
Amount
Radioactive
Any
Amount
Sensitizer
200
Toxic
Any
Amount
Unstable (reactive)
Any
Amount
1 See Articles 74, 80 and 82 for additional
requirements and exceptions.
§16- 20.100 Section 209 -H is added concerning Hazardous
Materials Business Plan.
Section 209 -H is hereby added to the Fire Code to read as follows:
Sec. 209 -H Hazardous materials Business Plan(HMBP).
HMBP is a written plan containing General Information,
Emergency Response Plan, Training Plan, Inventory Statement,
and Site Plan. Each section shall be in such form and
detail as required by the Chief and shall contain, at a
minimum, the information required pursuant to section 25500
et.seq. of the Health and Safety Code.
§16- 20.110 Section 214 -M is added concerning Moderately Toxic
Gas.
Section 214 -M is hereby added to Fire Code to read as follows:
Sec. 214 -M Moderately Toxic Gas. Moderately toxic gas is a
gas that has a median lethal concentration (LC50) in the
air of more than 2,000 ppm but not more than 7,500 ppm by
volume of gas or vapor when administered by continues
inhalation for one hour, or less if death occurs within one
hour, to albino rats weighing between 200 and 300 grams
each.
§16- 20.120 Section 220 -5 is added concerning Storage
Facility.
Section 220 -5 is hereby added to the Fire Code to read as follows:
Sec. 220 -5 STORAGE FACILITY. Storage facility is any
one or combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults or other portable or
fixed containers, used, or designed to be used, for the
storage of hazardous materials.
§16- 20.130 Section 903.3 is amended concerning Water
Supplies and Fire Hydrants.
Section 903.3 of the Fire Code is hereby amended to read as
follows:
18
Sec. 903.3 Water supplies and Fire Hydrants. Water
supply is allowed to consist of reservoirs, pressure
tanks, elevated tanks, water mains or other fixed systems
capable of providing the required fire flow. In setting
the requirements for fire flow, compliance with Appendix
III -A of this code shall be deemed adequate, except for
the following:
1. Buildings in excess of two (2) stories in height or 35
ft. in height, or that require a fire flow in excess of
2,000 gallons per minute shall be equipped throughout
with an approved automatic fire sprinkler system.
2. Where water supplies available for fire protection
do not meet the requirements of Appendix III -A, an
approved (approved refers to approval by the Fire
Chief) automatic sprinkler system installed
throughout the building will be an acceptable
alternate means of protection provided that a
sprinkler system is not otherwise required by the
Fire or Building Code.
§16- 20.140 Section 1001.11 is added concerning Fire -
Protection Systems and Equipment.
Section 1001.11 is hereby added to the Fire Code to read as
follows:
Sec. 1001.11 Tool Caches. Rooms containing fire fighting
equipment are required for all new buildings having
floors used for human occupancy located more than 75 feet
above the lowest level of fire department vehicle access.
Such rooms shall be located as required by the Chief.
The costs associated with the construction of the room
and all original equipment costs are to be paid by the
building owner.
516- 20.150 Section 1003.1.4 is added concerning Fire
Extinguishing systems.
Section 1003.1.4 is hereby added to the Fire Code to read as
follows:
Sec 1003.1.4 Valves below grade. Valves for water type
fire protection systems, when installed below grade,
shall be installed in an approved box or vault.
§16- 20.160 Section 1004.6 is added concerning Standpipes.
Section 1004.6 is hereby added to the Fire Code to read as
follows:
Sec. 1004.6 Required installations. When, in the opinion
of the Chief, an unusual condition or hazard exists, hose
connections may be required and may be provided as
19
outlined in Section 4 -5.21 of N.F.P.A. #13, 1994 Edition.
§16- 20.170 Table 1004 -A is amended concerning Standpipe Required
Systems.
Table 1004 -A - standpipe required systems
OCCUPANCY
NONSPRINRLERED BUILDING'
SPRINRLERED BUILDING"
x 304.8 for mm
Standpipe
Hose
Standpipe
Hose
x0.0929 for m'
Class
Requirement
Class
Requirement
1. Occupancies
exceeding
III
I
No
150 ft. in height
Yes
and
more than one story
2. Occupancies 4
[I and III]
stories
for II)
s
Yes
I
No
or more but less
than
150 ft. in height,
except
Group R, Division
37
3 Group A
II
No
Occupancies
Yes
Requirement
No
with occupant load
exceeding 1,0006
4. Group A,
Division 2.1
II
Yes
II
Yes
Occupancies over
5,000
square feet in area
used
for exhibition
5. Groups I; H; B;
S; M; F,
III
Yes
No
D i v i s i o n 1
Requirement
No
Occupancies
less than 4 stories
in
height but greater
than
20,000 square feet
per
floor'
20
6. Stages more than
II
No
III
No
11000
square feet in area
'Except as otherwise specified in Item 4 of this table, Class II
standpipes need not be provided in basements having an automatic fire -
extinguishing system throughout.
'The standpipe system may be combined with the automatic sprinkler
system.
'Portions of otherwise sprinklered buildings which are not protected by
automatic sprinklers shall have Class II standpipes installed as
required for the unsprinklered portions.
'In open structures where Class II standpipes may be damaged by freezing,
the building official may authorize the use of Class I standpipes which
are located as required for Class II standpipes.
'Hose is required for Class II standpipes only.
`Class II standpipes need not be provided in assembly areas used solely
for worship.
'For the purposes of this table, occupied roofs of parking structures
shall be considered an additional story. In parking structures, a tier
is a story.
°The Chief may require the installation of Class I or II standpipes when
the size or configuration of the building would not allow for the
advancement of fire hose lines from the exterior of the building. The
locations of the Class I standpipes shall be approved by the Chief and
need not comply with Section 1004.3. The locations of Class II
standpipes shall comply with Section 1004.4.
§16- 20.180 Section 1007.3.3.3.5 is added concerning Fire Alarm
Systems.
Section 1007.3.3.3.5 is hereby added to the Fire Code to read as
follows:
Sec. 1007.3.3.3.5 Monitoring of fire extinguishing systems.
When a fire alarm system is installed in a building, the
system shall monitor all fire extinguishing systems.
Activation of any fire extinguishing system shall send an
alarm signal to the fire alarm control panel and initiate
the alarm signaling devices.
§16- 20.190 Section 2501.18.2 is amended concerning Requirement
for Use of Candles and other open -Flame Devices.
Section 2501.18.2 is hereby deleted in it's entirety and amended to
21
read as follows:
Sec. 2501.18.2 Flaming foods and beverages. The preparation
of flaming foods or beverages shall be in accordance with
the following:
1. The fuels for table side cooking shall be limited to
canned heating devices (such as Sterno, etc.) and
compressed natural gas. The use of liquefied petroleum
gases--. or flammable or combustible liquids is not permitted,
2.Flaming foods or beverages shall be prepared only in the
immediate vicinity of the table being served. They shall
not be transported or carried while burning,
3.The person preparing the flaming foods or beverages shall
have a wet cloth towel immediately available for use in
smothering the flames in the event of an emergency,
4-The serving of flaming foods or beverages shall be done in
a safe manner and shall not create high flames. The
pouring,ladling or spooning of liquids is restricted to a
maximum height of 8 inches (203.2mm) above the receiving
receptacle, and
5.Containers shall be secured to prevent spillage when not
in use.
Sec. 2501.18.2.1 Canned heating devices. The heating and
cooking of food by canned heating devices shall be in
accordance with the following:
1.Combustible products or materials shall not be used in the
immediate area where canned heating devices are being
utilized. Table coverings are permitted provided they
comply with Section 1103.3.3.1.
2.Carts, tables, etc. used in conjunction with canned
heating devices must be of adequate construction to prevent
tipping or falling.
Sec. 2501.18.2.2 Use, Storage and Handling of Compressed
Natural Gas. The use, storage and handling of compressed
natural gas involved in the preparation of flaming foods and
beverages shall be in accordance with the following:
1.Compressed natural gas cylinders shall not exceed 84 cubic
feet in size.
2. Appliances for use with compressed natural gas must be
approved for use with compressed natural gas by the American
Gas Association or other nationally recognized technical
organization.
3.The use of compressed natural gas may be disallowed based
22
on, but not limited to; unsafe appliances, unsafe building
conditions, inadequate exiting and type of cooking involved.
4.Changing of compressed natural gas cylinders shall be done
outside of the building by trained personnel.
5.Compressed natural gas cylinders shall be securely stored
outside of the kitchen area away from sources of ignition.
6.There shall not be more than one compressed natural gas
cylinder for each table side cart in use at any time.
7.At not time shall the combined quantity of compressed
natural gas in use and in storage that is utilized for the
preparation of flaming foods and beverages exceed 400 cubic
feet in any building.
Sec. 2501.18.2.3 Carts used for food preparation. Carts
utilized for the preparation of flaming foods and beverages
must be approved for such use and be equipped with a
portable fire extinguisher having a minimum rating of
2A:10BC.
Sec. 2501.18.2.4 Portable Deep Fat Fryers. Portable deep
fat fryers shall be approved for such use. The portable
deep fat fryers shall be placed on a surface of substantial
construction as to prevent the fryer from falling over,and
spilling the grease. A fire extinguisher with a minimum
rating of 40B:C shall be located in the area where the deep
fat fryer is being used.
§16- 20.200 Section 5202.4.3.2, first and second paragraphs, are
amended concerning Motor Vehicle Fuel- Dispensing
Stations.
Section 5202.4.3.2, first and second paragraphs, of the Fire Code
are hereby amended to read as follows:
Sec. 5202.4.3.2 Nozzles. A listed automatic - closing -type
hose nozzle valve with a latch -open device shall be provided
on island -type dispensers used for dispensing Class I, II or
III -A liquids.
Overhead -type dispensing units shall be provided with a
listed automatic - closing- type hose nozzle valve with a
latch -open device.
516- 20.210 Section 5204.5.2.1 is added concerning Storage Limits.
Section 5204.5.2.1 of the Fire Code is hereby added to read as
follows:
Sec. 5204.5.2.1 Storage limits. The storage of compressed
natural gas is permitted only in areas zoned as "Industrial"
23
or as otherwise approved by the Chief.
§16- 20.220 Section 6301 is amended concerning Refrigeration.
Section 6301 of the Fire Code is hereby amended to read as follows:
Sec. 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 the Mechanical Code for refrigerant
group descriptions. See also Sections 8001.1.2, 8001.15,
and 8002.
516- 20.230 Section 7401.6.4 is amended concerning Compressed
Gases.
Section 7401.6.4 of the Fire Code is hereby amended to read as
follows:
7401.6.4 Securing compressed gas containers, cylinders and
tanks. Compressed gas containers, cylinders and tanks shall
be secured to prevent falling due to contact, vibration or
seismic activity. Securing compressed gas containers.and
tanks shall be by one of the following methods:
EXCEPTION: Compressed gas containers, cylinders and tanks in the process
of examination, filling, transport or servicing.
1. Containers and tanks greater than 26" in height shall be
fixed to a secure object with at least two (2) restraints.
The restraints shall be equally spaced, so that the bottom
restraint is located one third of the distance from the
bottom of the container, and the top restraint is located
one third of the distance from the top of the container.
2. Securing containers, cylinders and tanks on a cart or
other mobile device designed for the movement of compressed
gas containers, cylinders or tanks.
3. Nesting of compressed gas containers, cylinders and tanks
at container filling or servicing facilities or in seller's
warehouses not accessible to the public. nesting shall be
allowed provided the nested containers, cylinders or tanks,
if dislodged, do not obstruct the required means of egress.
4. Securing of compressed gas containers, cylinders and
tanks to or within a rack, framework, cabinet or similar
assembly for such use.
§16- 20.240 Section 7701.7.2 is,amended concerning Explosive
Materials.
24
Section 7701.7.2 of the Fire Code is hereby amended to read as
follows:
Sec. 7701.7.2 Limits established by law. The storing of
explosive materials referred to in Section 7701.7.2 of the
Uniform Fire Code shall be prohibited in heavily populated
areas, except for temporary storage for use in connection
the approved blasting operations, provided, however, this
prohibition shall not apply to wholesale and retail stocks
if small arms ammunition or explosive rivets or cartridges
for explosive- actuated power tools in quantities involving
less than 100 pounds of explosive material.
516- 20.250 Section 7901.1.1.1 is added concerning Flammable and
Combustible Liquids.
Section 7901.1.1.1 is hereby added to the Fire Code to read as
follows:
Sec. 7901.1.1.1 General. The storage, dispensing, mixing,
handling and use of flammable and combustible liquids shall
be done in a manner so as not to increase the risk of an
unauthorized release.
516- 20.260 Section 7901.8.1 is amended concerning General
Requirements.
Section 7901.8.1 of the Fire Code is hereby amended to read as
follows:
Sec. 7901.8.1 General. Buildings, rooms and areas shall be
provided with a means to control spillage and to contain or
drain spillage and fire - protection water as set forth in
Section 7901.8. See also section 8001.14.5.
516- 20.270 Section 7901.11.1.1 is amended concerning Piping,
Valves, Fittings and Related Equipment.
Section.7901.11.1.1 of the Fire Code is hereby amended to read as
follows:
Sec. 7901.11.1.1 GENERAL. Piping, valves, fittings and
related components intended for use with flammable and
combustible liquids shall be designed and fabricated from
suitable materials having adequate strength and durability
to withstand the pressures, structural stresses and
exposures to which they can be subjected. Such equipment
shall be in accordance with nationally recognized
engineering standards, be listed for the application or be
approved by the chief. See Article 90, Standards a 2.2, a
2.3, a 2.4, a 2.5, a 2.6, ul.10, u 1.11, Nonmetallic
piping, if used, shall be installed in accordance with the
manufacturer's installation instructions. Containment shall
be provided for liquid hazardous materials. Containment
includes but is not limited to double walled piping.
25
516- 20.280 Section 7901.3.2 is deleted concerning Plans.
Section 7901.3.2 of the Fire Code is hereby deleted.
§16- 20.290 Section 7902.2.2.1 is amended concerning Location of
Tanks.
Section 7902.2.2.1 of the Fire Code is hereby amended to read as
follows:
Sec. 7902.2.2.1 Locations where above ground tanks are
prohibited. The storage of Class I, II and III -A liquids in
aboveground tanks outside of buildings is permitted only in
areas zoned as "Commercial" or as otherwise approved by the
Chief. Regardless of the provisions of this code for tank
locations relative to buildings and property lines, specific.
site locations for aboveground tanks located outside of
buildings shall be as approved by the Chief.
516- 20.300 Section 8001.1.1 first paragraph, is amended
concerning Hazardous Materials.
Section 8001.1.1 first paragraph, is hereby amended to read as
follows:
Sec. 8001.1.1 General. Prevention, control and mitigation
of dangerous conditions related to storage, dispensing,
use, and handling of hazardous materials, regardless of
quantity, and information needed by emergency response
personnel shall be in accordance with Article 80. This
article shall include those parts of Chapter 6.95
commencing with Sec. 25500) and Chapter 6.7 (commencing
with Sec. 25280) and Chapter 6.75 (commencing with Sec.
25299) of the Health and Safety Code which impose
additional requirements or are more restrictive.
§16- 20.310 Section 8001.1.1.1 is added concerning General Safety.
Section 8001.1.1.1 is hereby added to the Fire code to read as
follows:
Sec. 8001.1.1.1 General safety. The dispensing, mixing,
handling, use or storing of hazardous materials shall be
done in a manner so as not to increase the risk of -an
unauthorized release. In the absence of direct regulation
by this code, other appropriate regulations, standards,
laws ordinances, or other nationally recognized and
accepted methods of good practice may be applied to define
acceptable practices. In the event of conflicting
authorities, the most restrictive shall apply.
§16- 20.320 Section 8001.2.2 is amended concerning Definitions.
Section 8001.2.2 of the Fire Code is hereby amended to read as
26
follows:
Sec. 8001.2.2 Limited application. For the purposes of
Article 80, certain terms are defined as follows:
CONTAINER is any vessel of 60 United States gallons
(227.1L) or less capacity used for transporting or storing
hazardous materials.
OUTDOOR AREA is a single, contiguous property exterior to
buildings or without buildings thereon which is under the
ownership or control of a single person. See also
definition of Person in Section 217.
CONTINUOUS GAS- DETECTION SYSTEM is a gas- detection system
where the analytical instrument is maintained in
continuous operation and sampling is performed without
interruption. Analysis is allowed to be performed on a
cyclical basis at intervals not to exceed 5 minutes.
EXCEPTION: Alternate systems may be approved by the Chief
based upon equivalent protection.
§16- 20.330 Section 8001.3.2, first paragraph, is amended
concerning Hazardous Materials Management Plan.
Section 8001.3.2, first paragraph, of the Fire Code is hereby
amended to read as follows:
Sec. 8001.3.2 Hazardous materials management plan. When
required by the chief, each application for a permit shall
include a hazardous materials management plan (HMMP).
[Note: the term; hazardous material management plan (HMMP)
shall also mean; hazardous materials business plan
(HMBP)]. The location of the HMMP shall be posted adjacent
to permits when an HMMP is provided.
§16- 20.340 Section 8001.4.2.1 is added concerning Orifices.
Section 8001.4.2.1 is hereby added to the Fire code to read as
follows:
Sec. 8001.4.2.1 Reduced flow orifices. Containers for
highly toxic gases shall be equipped with a flow
restricting orifice.
§16- 20.350 Section 8001.4.3.2 is amended concerning Design and
Construction.
Section 8001.4.3.2 of the Fire Code is hereby amended to read as
follows:
Sec. 8001.4.3.2 Design and construction. Piping, tubing,
valves, fittings and related components used for hazardous
27
materials shall be in accordance with the following;
1. Piping, tubing, valves, fittings and related
components shall be designed and fabricated from materials
compatible with the materials to be contained and shall be
of adequate strength and durability to withstand pressure,
structural and seismic stress, and exposure to which they
are subject,
2. Piping and-tubing shall be identified in accordance
with nationally recognized standards (see Article 90
Standard a.2.1) to indicate the material conveyed,
3. Emergency shutoff valves shall be identified and the
location shall be clearly visible and indicated by means
of a sign, and
4. Backflow- prevention or check valves shall be provided
when the backflow of hazardous materials could create a
hazardous condition or cause the unauthorized discharge of
hazardous materials.
5. Expansion chambers shall be provided between valves
whenever the regulated gas may be subjected to thermal
expansion. Chambers shall be sized to provide protection
for piping, and instrumentation and to accommodate the
expansion of regulated materials.
6. Containment shall be provided for liquid hazardous
materials. Containment includes but is not limited to
double walled piping.
§16- 20.360 Section 8001.4.3.3 is amended concerning Supply
Piping.
Section 8001.4.3.3 of the Fire code is hereby amended to read as
follows:
Sec. 8001.4.3.3 Additional regulations for supply piping
for health hazard materials. Supply piping and tubing for
moderately toxic, toxic and highly toxic gases and for
liquids having a health hazard ranking of 3 or 4 in
accordance with UFC Standard 79 -3 shall also be in
accordance with the following:
1. Piping and tubing utilized for the transmission of
moderately toxic gases or toxic or highly toxic gases or
material shall have welded or brazed connections
throughout unless an exhausted enclosure is provided if
the materials is a gas, or the piping is provided with a
receptor for containment if the material is a liquid,
EXCEPTION: Nonmetallic piping with approved connections.
2. Highly toxic gases and toxic and moderately toxic
W
corrosive gases shall be provided with double walled
piping, or equivalent.
EXCEPTION: Toxic or moderately toxic gases when provided
with primary containment materials inert to the hazards of
the gas.
3. Piping and tubing shall not be located in exit
corridors, within any portion of an exit required to be
enclosed in fire resistive construction, or above areas
not classified as Group H Occupancies.
EXCEPTION: Piping and tubing within the space defined by
the walls of exit corridors and floor or roof above or in
concealed space above other occupancies when installed in
accordance with the Building Code as required for Group H,
Division 6 Occupancies. See UBC Section 307.11.6.2.
4. Where gases or liquids are carried in pressurized
piping above 15 psi (103.4kPa), excess flow control shall
be provided. Where the piping originates from within a
the storage room or area, the excess flow control shall be
located within a hazardous materials storage room or
area. Where piping originates from a bulk source, the
excess flow control shall be located as close to the bulk
source as practical, and
5. Readily accessible manual or automatic remotely
activated fail -safe emergency shut -off valves shall be
installed on supply piping and tubing at the following
locations: 5.1 The point of use, and 5.2 The tank,
cylinder or bulk source.
§16- 20.370 Section 8001.5.2.2 is amended concerning
Notification.
Section 8001.5.2.2 of the Fire code is hereby amended to read as
follows:
Sec. 8001.5.2.2 Notification. The chief shall be notified
immediately when a threatened release or unauthorized
discharge escapes secondary containment, or is contained
but presents a threat to health or property, or becomes
reportable under state, federal or local regulations.
§16- 20.380 Section 8001.7 is amended concerning Identification
Signs.
Section 8001.7 of the Fire Code is hereby amended to read as
follows:
Sec. 8001.7 Identification signs. Visible hazard
identification signs as specified in U.F.C. Standard 79 -3
shall be placed at entrances to locations where hazardous
29
materials are stored, dispensed, used or handled in
quantities requiring a permit. Signs shall be provided at
specific entrances designated by the chief.
Individual containers, cartons, packages piping, gas
cabinets, equipment, or rooms shall be conspicuously
marked or labeled in accordance with the departments
labeling guideline or, if unavailable, with nationally
recognized standards. See also Section 8003.1.2
Product conveying ducts for venting hazardous materials
operations shall be labeled with the hazard class of the
material being vented and the direction of flow.
§16- 20.390 Section 8001.4.•7.4 is added concerning Annual
Maintenance.
Section 8001.4.7.4 is hereby added to the Fire Code to read as
follows:
Sec. 8001.4.7.4 Annual maintenance. All safety control
systems at a facility shall be maintained in good working
condition and tested not less frequently than annually.
Maintenance and testing shall be performed by persons
qualified to perform the maintenance and tests.
Maintenance records and certifications shall be available
to any representative of the Fire department for
inspection upon request.
§16- 20.400 Section 8001.9.8 is amended concerning Separation of
Hazardous Materials.
Section 8001.9.8 of the Fire Code is hereby amended to read as
follows:
Sec. 8001.9.8 Separation of incompatible hazardous
materials. Incompatible hazardous materials shall be
separated. Separation by hazard class is appropriate
unless otherwise approved by the chief or in following
nationally recognized standards. Separation shall be
accomplished by:
1. Segregating incompatible hazardous materials by a
distance of not less than 20 feet (6096 mm) and an
independent containment system, or secondary containment,
2. Isolating incompatible hazardous materials by a non
combustible partition extending not less than 18 inches
(457.2 mm) above and to the sides of the stored material,
3. Storing liquid and solid materials in hazardous
materials storage cabinets. (See Section 8003.1.10), or
4. Storing compressed gases in gas cabinets or exhausted
enclosures in accordance with Sections 8003.3.1.3.2 and
30
9003.3.1.3.3.
Materials which are incompatible shall not be within the
same cabinet or exhausted enclosure.
516- 20.410 Section 8001.10.1.1 is added concerning Facility
Transport.
Section 8001.10.1.1 is hereby added to the Fire Code to read as
follows:
Sec. 8001.10.1.1 Facility transport. When hazardous
materials are in transport in or about a facility, they
shall remain in the travel path only for the time
reasonably necessary to effect the transfer.
§16- 20.420 Section 8001.10.1.2 is added concerning Transport
Safety.
Section 8001.1.2 is hereby added to the Fire Code to read as
follows:
Sec. 8001.10.1.2 Transport safety. Movement of hazardous
materials in or about a facility shall be done in a manner
which will not substantially increase the risk of
unauthorized release. Hazardous.materials shall be
accompanied by a trained (pursuant to Sec. 8001.1.9.1)
person when in transit to their use or storage point.
516- 20.430 Section 8001.12.3.3 is amended concerning Height.
Section 8001.12.3.3 of the Fire Code is hereby amended to read as
follows:
Sec. 8001.12.3.3 Height. Display height shall not exceed
6 feet (1829 mm) in areas open to the public unless such
storage is seismically secure to prevent any unsafe
movement in the event of a major earthquake.
§16- 20.440 Section 8001.14.5 is added concerning Containment.
Section 8001.14.5 is hereby added to the Fire Code to read as
follows:
Sec. 8001.14.5 Containment requirements. Containment
system shall be required for all hazardous materials which
are liquids or solids at normal temperature and pressure
(NTP). Construction shall be substantial, capable of
safely and securely containing a sudden release without
discharge. Design criteria shall be performance oriented
and constructed of compatible materials to resist
degradation., and provide structural and functional
integrity for a period of time reasonably necessary to
ensure detection, mitigation, and repair of the primary
system. The chief may require outside containment areas
31
to be covered with a roof or canopy for protection from
the environment.
In the case of an installation with one primary container,
the secondary containment shall be large enough to contain
at least 100 percent of the volume of the primary tank.
In the case of multiple primary tanks, the secondary
containment shall be large enough to contain 150 percent
of the volume of the largest primary tank placed in it, or
10 percent of the volume of the aggregate internal volume
of all primary tanks, whichever is greater.
§16- 20.450 Section 8001.14.6 is added concerning Highly Toxic and
Toxic Gases.
Section 8001.14.6 is hereby added to the Fire Code to read as
follows:
Sec. 8001.14.6.1 Indoor storage . Indoor storage of toxic
gases in amounts exceeding 10 cubic feet per control area,
and highly toxic gases in any amount shall be in accordance
with Sections 8001.1, 8001.14.6, 8001.15, 8003.3.1, and
8003.3.3.
Sec. 8001.14.6.2 outdoor storage. Outdoor storage of toxic
gases in amounts exceeding 10 cubic feet per outdoor area,
and highly toxic gases in any amount shall be in accordance
with Sections 8003.1, 8001.14.6, 8001.15.2, 8003.3.2, and
8003.3.3.
Sec. 8001.14.6.3 Indoor use. Indoor use of toxic gases in
amounts exceeding 10 cubic feet per control area and highly
toxic gases in any amount shall be in accordance with
Section 8001.14.6, 8001.15 and 8004.2.3.7.
Sec. 8001.14.6.4 outdoor use. Outdoor use of toxic gases in
amounts exceeding 10 cubic feet per outdoor area and highly
toxic gases in any amount shall be in accordance with
Sections 8001.14.6, 8001.15.2 and 8004.3.6.
Sec. 8001.14.6.5 Seismic shut -off valve. An automatic shut-
off valve which is of a fail safe to close design shall be
provided to shut -off the supply of toxic or highly toxic
gases.
Sec. 8001.14.6.6 Fire extinguishing systems. Indoor storage
and use areas and exterior use areas and storage buildings
shall be protected by an automatic fire sprinkler system in
accordance with Section 8003.1.11.
Sec. 8001.14.6.7 Automatic shut -off valve. An automatic
valve which is of a fail safe to close design shall be
provided to shut -off the supply of highly toxic gases for
32
any of the following:
1. Activation of a manual fire alarm.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Manually, from remote locations.
5. Failure of primary containment.
6. A significant seismic event.
An automatic valve which is of a fail safe to close design
shall be provided to shut -off the supply of toxic gases
upon activation of the gas detection system or upon seismic
activity.
Sec. 8001.14.6.8 Emergency control station. For highly
toxic gases, signals from emergency equipment shall be
transmitted to an emergency control station which is
continually staffed by trained personnel.
Sec. 8001.14.6.9 Local gas shut off. Manual activation
controls shall be provided at locations near the point of
use and near the source, as approved by the Chief.
The Chief may require additional controls at other places,
including, but not limited to, the entry to the building,
storage or use areas, and emergency control stations.
Manual activated shut -off valves shall be of "fail safe to
close design ".
Sec. 8001.14.6.10 Inert gas purge system. Gas systems shall
be provided with dedicated inert gas purge systems.
Sec. 8001.14.6.11 Maximum threshold quantity. Toxic gases
stored or used in quantities exceeding 500,000 cubic feet
in a single container per control area or outdoor use area
shall comply with the additional requirements for highly
toxic gases of sections 8001.14.6, 8001.4.3.2 and 8001.4.3.3
of this code.
§16.20.460 Section 8001.15 is added concerning Moderately Toxic
Gases.
Section 8001.15 is hereby added to the Fire Code to read as
follows:
Sec. 8001.15 Moderately toxic gases including those used as
refrigerants. Moderately toxic gases including those used
as refrigerants shall be in accordance with sections
8003.3.3.3.1, 8001.4.7.4, 8001.14.6.6, 8003.1.11 and
8001.4.3.2 in addition to the requirements of this section.
Sec. 8001.15.1 Indoor storage. Indoor storage of moderately
toxic gases in excess of 20 cubic feet per area bounded by
no less than a one -hour fire - restive occupancy separation
shall be in accordance with 8001.15.1
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Sec. 8001.15.1.2 Ventilation. Cylinders shall be stored
within gas cabinets, exhausted enclosures, or gas storage
rooms. Portable and stationary tanks shall be stored within
gas rooms or exhausted enclosures.
Sec. 8001.15.1.3 Treatment systems. Treatment systems shall
be utilized to process all exhaust ventilation to be
discharged from gas cabinets, exhausted enclosures and gas
rooms in accordance with Section 9003.3.1.3.5.
Sec. 8001.15.1.4 Gas detection. A continuous gas detection
system shall be provided to detect the presence of a gas at
or below the permissible exposure limit or ceiling limit in
accordance with Section 8003.3.1.6.
Sec. 8001.15.2 Outdoor storage. Outdoor storage of
moderately toxic gases in excess of 20 cubic feet per
outdoor area shall be in accordance with Section 8001.14.6.6
and 8001.15.2.
Sec. 8001.15.2.1 Canopies. Portable tanks and cylinders
shall be stored under a canopy of non combustible
construction.
Sec. 8001.15.2.2 Piping and controls. In addition to the
requirements of Section 8001.4.3, piping and controls on
stationary tanks shall be in accordance with Section
8003.3.2.4.
Sec. 8001.15.2.3 Leaking cylinders. One or more gas
cabinets or exhausted enclosures shall be provided to handle
leaking cylinders in accordance with Section 8003.3.3.3.
Sec. 8001.15.2.4 Local exhaust for leaking portable tanks.
A means of local exhaust shall be provided to capture leaks
from portable tanks in accordance with Section 8003.3.3.4.
Sec. 8001.15.3 Indoor use. Indoor use of moderately toxic
gases in excess of 20 cubic feet per area bounded by not
less than a one -hour fire - resistive occupancy separation
shall be in accordance with Section 8001.15.3 and the
storage provisions of Section 8001.15.1.
Sec. 8001.15.3.1 Inert gas purge system. Gas systems shall
be provided with dedicated inert gas purge systems.
Sec. 8001.15.4 Outdoor use. Outdoor use of moderately toxic
gases in excess of 20 cubic feet shall be in accordance the
Section 8001.15.4 and the storage provisions of Section
8001.15.2.
Sec. 8001.15.4.1 Ventilation. When cylinders, containers or
portable tanks are used outdoors, gas cabinets or exhausted
enclosures shall be provided.
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Sec. 8001.15.4.2 Treatment systems. Treatment systems shall
be utilized to process all exhaust to be discharged from gas
cabinets or exhausted enclosures in accordance with Section
8003.3.1.3.5.
Sec. 8001.15.5 Moderately toxic gases with a lc 50 equal to
or less than 3000 parts per million. Notwithstanding the
hazard class definition in Section 214 -M, moderately toxic
gases with an LC50 less than 3000 parts per million shall
comply with the requirements of Sections 8001.15.
§16- 20.470 Section 8001.16 is added concerning Maximum Threshold
Quantity.
Section 8001.16 is hereby added to the Fire Code to read as
follows..
Sec. 8001.16 Maximum threshold quantity. Moderately toxic
gases stored or used in quantities exceeding 500,000 cubic
feet in a single container per control area or outdoor use
area shall comply with the additional requirements for toxic
gases of sections 8001.14 and 8001.4.3.3 of this code;
moderately toxic gases stored or used in quantities
exceeding 1,000,000 cubic feet per control area or outdoor
use area shall also comply with the additional requirements
for highly toxic gases of sections 8001.14 and 8001.4.3.3 of
this code.
§16- 20.480 Section 8003.1 is amended concerning General
Requirements.
Section 8003.1 of the Fire Code is hereby amended to read ad
follows:
Sec. 8003.1 General. Indoor storage of toxic and highly
toxic compressed gases in amounts exceeding the exempt
amounts set forth in Section 8001.13 shall be in accordance
with Section 8003.1, 8003.3.1, 8003.3.3.3, and 8001.14.6.
§16- 20.490 Section 8003.1.7.4 is amended concerning Secondary
Containment.
Section 8003.1.7.4 of the Fire Code is hereby amended to read as
follows:
Sec. 8003.1.7.4 Secondary containment. Drains shall be
directed to containment systems or other locations designed
as secondary containment for the hazardous materials liquids
and fire - protection water, or the building, room or area
shall be designed to provide secondary containment of
hazardous materials liquids and fire protection waster
through the use of recessed floors or liquid tight raised
sills.
Secondary containment shall be sized in accordance with
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section 8001.14.5. The volume contained shall include the
sized amount plus the design flow rate of the automatic
fire - extinguishing system for the area of the room or area
in which the storage is located or the system design area,
whichever is smaller. The containment capacity shall be
capable of containing the flow for a period of 20 minutes.
Overflow from the secondary containment system shall be
provided to direct liquid leakage and fire - protection water
to a safe location away from the building, valves, means of
egress, fire access roadway, adjoining property or storm
drains.
If the storage area is open to rainfall, the secondary
containment shall be designed to accommodate the volume of a
24 -hour rainfall as determined by a 25 -year storm. Where
curbs are used, provisions shall be made for draining
accumulations of groundwater or rainwater.
A monitoring method capable of detecting hazardous material
leakage from the primary containment into the secondary
containment shall be provided. Visual inspection of the
primary containment shall be used unless other means of
monitoring are approved by the chief. Where secondary
containment is subject to the intrusion of water, a
monitoring method for such water shall be provided. When
monitoring devices are provided, they shall be connected to
distinct visual or audible alarms.
§16- 20.500 Section 8003.1.14.1 is amended concerning general
Requirements.
Section 8003.1.14.1 of the Fire Code is hereby amended to read as
follows:
Sec. 8003.1.14.1 General. Limit controls shall be provided in
accordance with Section 8003.1.14. Sections 8003.1.14.2 and
8003.1.14..3 shall also apply to materials in quantities that
do not exceed the exempt amounts.
§16- 20.510 Section 8003.3.1.3.1 is amended concerning Ventilated
Areas.
Section 8003.3.1.3.1 of the Fire Code is hereby amended to read
as follows:
Sec. 8003.3.1.3.1 Ventilated area. Cylinders shall be
stored within gas cabinets, exhausted enclosures or gas
rooms. Portable and stationary tanks shall be stored within
gas rooms or exhausted enclosures. The room or area in
which gas cabinets or exhausted enclosures are located shall
be provided with exhaust ventilation that is independent of
the ventilation required for gas cabinets and exhausted
enclosures.
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516- 20.520 Section 8003.3.1.4 is amended concerning Emergency
Power.
Section 8003.3.1.4 of the Fire Code is hereby amended to read as
follows:
Sec. 8003.3.1.4 Emergency power. Emergency power shall be
provided for highly toxic and toxic gases in amounts
exceeding the exempt amounts in lieu of standby power for:
1. Exhaust ventilation, including the power supply for
treatment systems.
2. Gas detection systems.
3. Emergency alarm systems.
4. Temperature control systems.
516- 20.530 Section 8003.3.2.1 is amended concerning General
Requirements.
Section 8003.3.2.1 of the Fire Code is hereby amended to read as
follows:
Sec. 8003.3.2.1 General. Outdoor storage of highly toxic or
toxic compressed gases in amounts exceeding exempt amounts
set forth in Section 8001.13-shall be in accordance with
Sections 8003.1, 8003.3.2, 8003.3.3 and 8001.14.6.
§16- 20.540 Section 8003.3.2.2.2 is amended concerning Distance
Limitation.
Section 8003.3.2.2.2 of the Fire Code is hereby amended to read
as follows:
Sec. 8003.3.2.2.2 Distance limitation to exposures. Outdoor
storage of moderately toxic, toxic and highly toxic
compressed gases shall not be within 75 feet (22, 860 mm) of
a building, property line, street, alley , public way or
exit to a public way unless the storage is shielded by a
structure having a minimum fire resistive rating of two
hours and which interrupts the line of sight between the
storage and the exposure. The shielding structure shall be
at least five (5) feet from any exposure. The shielding
structure shall not have more than two sides at
approximately 90- degree directions, or three sides with
connecting angles of approximately 135 degrees.
§16- 20.550 Section 8003.3.3.3.1 is added concerning Cylinder Leak
Test.
Section 8003.3.3.3.1 to hereby added to the Fire Code to read as
follows:
Sec. 8003.3.3.3.1 Cylinder leak testing. Compressed gas
cylinders shall be inspected for leaks immediately upon
delivery and again immediately prior to departure. Testing
shall be approved by the Chief in accordance with
37
appropriate nationally recognized industry standards.and
practices, if any. Appropriate remedial actions shall be
immediately undertaken when leaks are detected.
516- 20.560 Section 8003.3.3.4.1 is added concerning Excess Flow
Control.
Section 8003.3.3.4.1 is hereby added to the Fire Code to read as
follows:
Sec. 8003.3.3.4.1 Excess flow control. Portable tanks, and
cylinders shall be provided with excess flow control. Valves
shall be permanently marked to indicate the maximum design
flow rate.
EXCEPTION: Moderately toxic gas.
§16- 20.570 Section 8004.1.1 is amended concerning Applicability.
Section 8004.1.1 of the Fire Code is hereby amended to read as
follows:
Sec. 8004.1.1 Applicability. Use, dispensing and handling
of hazardous materials where the aggregate quantity is in
excess of the exempt amount set forth in Section 8001.13
shall be in accordance with Sections 8001 and 8004.
Use dispensing and handling of hazardous materials where the
aggregate quantity does not exceed the exempt amounts set
forth in Section 8001.13 shall be in accordance with Section
8001. For flammable, oxidizing, pyrophoric, toxic, and
highly toxic gases, see also Section 8001.14.
§16- 20.580 Section 8004.1.19 is added concerning Emergency Plan.
Section 8004.1.19 is hereby added to the Fire Code to read as
follows:
Sec. 8004.1.19 Emergency Plan. See Section 8003.1.15.
§16- 20.590 Section 8202.1, third paragraph, is amended concerning
Permits and Plans.
Section 8202.1, third paragraph, of the Fire code is hereby amended
to read as follows:
Sec. 8202.1 Permits and plans. Where a single container is
over 125 gallons water capacity or the aggregate capacity of
containers is over 125 gallon water capacity, the installer
shall submit plans for such installations.
§16- 20.600 Section 8204.2.1 is added concerning Established Limits.
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section 8204.2.1 is hereby added to the Fire Code to read as
follows:
Sec. 8204.2.1 Established limits. The storage of liquid
petroleum gasses referred to in Section 8204.2 of the Uniform
Fire Code shall be shall be allowed only at a business
establishment located within a commercial zoning district
which is duly licensed to store and sell gasoline.
516- 20.610 Section 16.3 is added to Appendix II -A concerning
Firebreak Vegetation.
Section 16.3 is hereby added to Appendix II -A of the Fire Code to
read as follows:
Sec. 16.3 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
• means of rapidly transmitting fire shall be planted in such
• manner so as to reduce the possibility of erosion.
§16- 20.620 Section 25 is added to Appendix II -A concerning Roof
Coverings.
Section 25 is hereby added to Appendix II -A of the Fire Code to
read ad follows:
Sec.25 - Roof Coverings. Roof coverings on all buildings
shall be fire - retardant, and shall comply with the standards
established for Uniform Building Code Class A 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 on any building shall be exempt from this
requirement. Additions to existing buildings exceeding ten
percent (10 %) of the total roof area shall comply with this
section.
§16- 20.630 Section 26 is added to Appendix II -A concerning
Hazardous Fire Area Designations.
Section 26 is hereby added to Appendix II -A of the Fire Code to
read as follows:
Sec. 26 - Hazardous fire area designations. 'Hazardous fire
areas are those lands as defined in Section 209 -H of this
Code. All hazardous fire areas shall be designated by the
Fire Chief on a map which shall be maintained in the office of
the Fire Chief and in the office of the City of Saratoga.
§16- 20.640 Section 5 is added to Appendix II -B concerning
Distribution of Fire Hydrants.
Section 5 is hereby added to Appendix III -B of the Fire Code to
read as follows:
39
Sec. 5 - Distribution of Fire Hydrants. The average spacing
between fire hydrants shall not exceed that listed in Table A-
III-B-1.
EXCEPTION: The maximum spacing of hydrants in commercial areas
250 feet.
Regardless of the average spacing, fire hydrants shall be
located such that all points on streets and access roads
adjacent to a building are within the distances listed in
Table A- III -B -1.
SECTION 4: Section 16- 25.010 in Article 16.25 of the City Code
is amended to read as follows:
"ARTICLE 16 -30"
PLUMBING CODE
sections:
16- 25.010 Adoption of the California Plumbing Code
16- 25.030 Additions, deletion and amendments
16- 25.030 Deletion concerning specific sections regarding
administration of the code
§16- 25.010 Adoption of Uniform Plumbing Code.
The 1994 Edition of the California Plumbing Code, including
all Appendices as compiled and published by the International
Conference of Building Officials and amended by the State of
California, hereinafter referred to as the "Plumbing Code," one
copy of which has been filed for use and examination by the
public in the office of the City Clerk, is hereby referred to and
except as to additions, deletions and amendments hereinafter
noted, such Code is hereby adopted and made a part hereof, the
same as if fully set forth in this Article, and shall be the
Plumbing Code of the City.
516- 25.020 Additions, deletions and amendments.
The additions, deletions and amendments set forth in this
Article are hereby made to the Plumbing Code as adopted by
reference in Section 16- 25.010.
§16- 25.030 Section 10.4, 10.5 and 20.1 through 20.14 deleted;
administration governed by Building Code.
Section 10.4, 10.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7,
20.8, 20.9, 20.10, 20.11, 20.12, 20.13, 20.14 of the Plumbing
Code are hereby deleted. All administration of the Plumbing Code
shall be governed by the Building Code as adopted in Article
16 -15 of this Chapter.
§16- 25.040 Repealed.
(Ordinance 71.39, adopted April 6, 1988.)
§16- 25.050 Repealed.
(Ordinance 71.55, adopted March 1, 1989.)
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SECTION 4: Section 16- 30.101 in Article 16 -30 of the City Code
is hereby amended to read as follows:
"ARTICLE 16 -35"
MECHANICAL CODE
Sections:
16- 30.010 Adoption of the California Mechanical Code
16- 30.020 Additions, deletions and amendments
16- 30.030 Deletion of Chapter 2 & 3
§16- 30.010 Adoption of Uniform Mechanical Code.
The 1994 Edition of the California Mechanical Code, including
all Appendices, as compiled and published by the International
Conference of Building Officials and amended.by the State of
California, hereinafter referred to as the "Mechanical Code," one
copy of which has been filed for use and examination by the
public in the office of the City Clerk, is hereby referred to and
except as to additions, deletions and amendments hereinafter
noted, such Code is hereby adopted and made a part hereof, the
same as if fully set forth in this Article, and shall be the
Mechanical Code of the City.
516- 30.020 Additions, deletions and amendments.
The additions, deletions and amendments set forth in this
Article are hereby made to the Mechanical Code as adopted by
reference in Section 16- 30.010.
§16- 30.030 Chapters 2 and 3 deleted, administration governed by
Building Code.
Chapters 2 and 3 of the Mechanical Code are hereby deleted.
All administration of the Mechanical Code shall be governed by
the Building Code as adopted in Article 16 -15 of this Chapter.
SECTION %5: Article 16 -35 of the City Code is hereby amended to
read as follows:
"ARTICLE 16 -35"
ELECTRICAL CODE
Sections:
16- 35.010 Adoption of California Electrical Code
16 -35 020 Additions, deletion and amendments
16- 35.030 Article 100 amended to define commercial building
16- 35.040 Article 110 -8 amended concerning raceway in
commercial buildings
§16- 35.010 Adoption of National Electrical Code.
The 1993 Edition of the California Electrical Code, as
compiled and published by the National Fire Protection
Association, hereinafter referred to as the "Electrical Code,"
one copy of which has been filed for use and examination by the
public in the office of the City Clerk, is hereby referred to and
41
such Code is hereby adopted and made a part hereof, the same as
if fully set forth in this Article, and shall be the Electrical
Code of the City.
516- 35.020 Additions, deletions and amendments.
Additions, deletion and amendments set forth in this Article
are hereby made to the Electrical Code as adopted by reference in
section 16- 35.010.
516- 35.030 Article 100 amended to define Commercial Building.
Article 100 of the Electric Code is hereby amended to read as
follows:
Article 100 Commercial building: A building or structure used
for purposes other than a one - family, two - family or
multi - family dwelling.
§16- 35.040 Article 110 -8 amended concerning Raceways in
Commercial Buildings.
Article 110 -8 of the Electrical Code is hereby amended to read as
follows:
110 -8. Wiring Methods. Only wiring methods recognized as
suitable are included in this Code. The recognized methods
of wiring shall be permitted to be installed in any type of
building or occupancy, except as otherwise provided in this
Code. Notwithstanding any other provision of this Code,
approved raceways shall be installed in all commercial
buildings.
SECTION 6: Section 16- 40.010 in Article 16 -40 of the City Code
is hereby amended to read as follows:
"ARTICLE 16 -40"
HOUSING CODE
sections:
16- 40.010 Adoption of Uniform Housing Code
16- 40.020 Additions, deletion and amendments
16 -40 030 Chapter 3 amended concerning general requirements
16- 40.040 Section 401 amended concerning "health Officer"
516- 40.010 Adoption of Uniform Housing Code.
The 1994 Edition of the Uniform Housing Code, as compiled and
published by the International Conference of Building Officials,
hereinafter referred to as the "Housing Code," one copy of which
has been filed for use and examination by the public in the
office of the City Clerk, is hereby referred to and, except as to
additions, deletions and amendments hereinafter noted, such Code
is hereby adopted and made a part hereof, the same as if fully
set forth in this Article, and shall be the Housing Code of the
42
City.
516- 40.020 Additions, deletions and amendments.
The additions, deletions and amendments set forth in this
Article are hereby made to the Housing Code as adopted by
reference in Section 16- 40.010.
§16- 40.030 Chapter 3 amended concerning application of
Administrative Code.
Chapter 3 of the Housing Code is hereby amended to read as
follows:
Sec. 301 General. It shall be unlawful for any person, firm
or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish any building or
structure regulated by this Code without first obtaining a
separate permit for each building or structure from the
building official in the manner and according to the
applicable conditions prescribed in Chapter 3 of the
Administrative Code.
Sec. 302 Fees. Whenever a building permit is required by
Section 301 of the Administrative Code, the appropriate fees
shall be paid to the building official as specified in
Section 304 of the Administrative Code.
Sec. 303 Inspections. All buildings or structures within the
scope of this Code and all construction or work for which a
permit is required shall be subject to inspection by the
building official in accordance with and in the manner
provided by this Code and Section 305 and 306 of the
Administrative Code.
j §16- 40.040 Section 401 amended concerning definition of "Health
Officer." -
Section 401 of the Housing ode is hereby amended to read as
follows:.
Sec. 401. The term "Health Officer ", as used in this Code,
means the person or persons duly authorized by the County to
administer and enforce the provisions of this Code. If the
County at any time ceases to render the services required
for the enforcement of the provisions of this Code for the
City, the Health Officer shall be such person as designated
by the City Council.
SECTION 7: Section 16- 45.010 in Article 16 -45 of the City Code
is hereby amended to read as follows:
"ARTICLE 16 -45"
ABATEMENT OF DANGEROUS BUILDINGS CODE
516- 45.010 Adoption of Uniform Code for the Abatement of
43
Dangerous Buildings.
The 1994 Edition of the Uniform Code for the Abatement of
Dangerous Buildings, as compiled and published by the
International Conference of Building Officials, hereinafter
referred to as the "Abatement of Dangerous Buildings Code," one
copy of which has been filed for use and examination by the
public in the office of the City Clerk, is hereby referred to
and, except as to additions, deletions and amendments hereinafter
noted, such Code is hereby adopted and made a part hereof, the
same as if fully set forth in this Article, and shall be the
Abatement of Dangerous Buildings Code of the City.
44