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HomeMy WebLinkAbout3-E.12 ORDINANCE NO. 3-Eo12 · AN EMERGENCY ORDINANCE OF ~tlE CITY OF SARATOGA DEFINING AND ESTABLISHING HAZARDOUS FIRE AREAS WITHIN SAID CITY.AND PROVIDING FOR FIRE-RETARDANT ROOF COVERINGS ON ALL BUILDINGS HEREAFTER ERECTED OR CONSTRUCTED WITHIN SAID HAZARDOUS FIRE AREAS. W~REAS, the CoUnty of Santa Clara has heretofore on August 14, 1973 adopted as its Fire Prevention Code the 1973 Edition'of the'Uniform Fire Code as compiled and published by the International Conference of Building Officials and the. Western Fire Chiefs Association, Inc., which Uniform Fire Code in Appendix "E" thereof provides for control of hazardous fire areas, including, Znter alia, the requirement of speciai fire-retardant and/or fire-resistant roof coverings for all buildings and structures thereafter erected.in hazardous fire areas, and WHEREAS, the City of Saratoga for a considerable period of time has been studying and analyzing said 1973 Editionof 'said Uniform Fire Code, and has been working on, and presently is working on, various prOpoSed amendments, deletions and additions thereto,' with the'intent of ultimately adopting said Fire Code, with. said'amendments'and additions, as'the Fire Code of'this City, 'and .' WHEREAS, this Council is.informed and believes that · certain,.'firms, persons and corporations are inthe process of* developing and intend to develop portions of areas within the limits of this City which are in hazardous fire areas, ~vith the ~rection of buildings and structures therein~ and-is desirouS' of preventing the construction of said buildings with- oglt fire-resistant and/or fire-retardant roof coverings... in those areas deemed to be hazardous 'fire areas,, ,pending the ultimate adoption of a version or revised version of the 1973 Uniform Fire Code, and unless*fire-resistant and/or* fire-retardant roof coverings for buildings and structures be. immediately imposed by an urgency and emergency ordinance, it is anticipated that buildings and struc- tures will be located within said hazardous fire areas without ~uch fire-resistant and/or fire-retardant qualities in areas which this City deems will ultimately be permanently established as hazardous fire areas, NOW, THEREFORE, the City Council of the City of Saratoga does hereby ordain as follows: Section 1: A Hazardous Fire Area .is hereb~ defined as any land which is so covered with grass, grain, brush or forest, whether privatelyor publicly owned, which is ~so situated, or which is. of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage by fire Qr resulting erosion. Section 2: Reference is hereby made to Sheets 96, 111, 125 and 126 of the Santa Clara CoUnty Cadastral Plani~etrics Maps, showing and delineating thereon areas of this City which are de'signated as= H~zardous Fire Areas, and which maps have heretofore.been adopted by. resOlution'ofT'the.Board pf Supervisors.of Santa Clara County, three copies of wh{ch maps have been filed with Clerk of thi~ City for use and examination by the public,.an~w~iqh maps are hereby specifically referred to and incorporated herein by referende. ~ ' The City Council ofthis City. h~reby finds and determines that the areas designated ~s HazardoUs Fire Areas on each of the foregoing sheets of sai~ maps do constitute hazardous fire areas within .the definition hereinabove set forth in Section 1 of this Ordinance, save and except as follows: that where, if at all, the division line delineatin~ the boundary of the hazardous fire area should bisect a parcel of property in one ownership, then such division 'line shall be deemed to be the Easterly lines of such parcel and such hazardous fire area shall include the whole of such parcel which otherwise would be so bisected. Section 3: All buildings and structures ~greafter. erected or constructed in a Hazardous Fire Area'in the City of Saratoga shall have roof coverings which. shall be fire-retardant, or any Class C~ prepared or built-up roofing, or if cedar or redwood shakes or shingles, then the same shall be constructed in accordance with the requirements of Uniform Building Code Standard 32-1401 as set forth:- (a) Wood Shakes.' Special purpOSe wood shake roofing shall conform to grading and application requirements of Chapter 32 of the Uniform Building Code for shakes. In addition, the deck shall be constructed of 5/8~inch plywood with exterior glue of 1-inch nominal T and G boards, overlaid with a layer of approved asbestos felt lapped 2 inches on the horizontal and vertical joints. An 18-inch wide strip of the same asbestos felt shall be shingled in between each course of shakes in such manner that no ~elt'is exposed to the weather below the shake butts. (b). Wood Shingles. Special purpose wood shingle roofing shall conform to grading and application requirements of Chapter 32of the Uniform Building Code for shingles. In addition, the deck whether of spaced boards or solid, shall be overlaid with a layer of approved asbestos felt lapped 2~inches on the horizontal and vertical joints. (c) Asbestos Felt. Approved asbestos felt for special purpose roofing shall weigh ~ot less than~12 pounds per 100 square feet, be not less than .022-inch in thickness, non-bituminous saturated, containing a fire- and water-retardant binder, and reinforced with glass fibres runninglength-wise of the sheet not more than ~ inch apart. (d) Wood Shakes or Shingles with Gypsum Board Underlayment. Special purpose wood shake or wood shingle roofing shall conform to the grading and application requirements of Chapter 32 of the Uniform Building Code. In addition an underlayment of ~-inch Type X gypsum board shall be placed under the solid or spaced sheathing. ~ No person, firm or corporation shall hereafter erect or construct any building or-structUre in a hazardous fire area having a ro0~ cover- ing other than as hereinabove set forth. " Section 4: A violation of this Ordinance shall'be a misdemeanor and shall be subject to all the penalty and enforcement provisions as set forth in the Saratoga City Code. The Building OfficiaI of this City shall be the Chief Enforcement Officer of-the above Rrovisions. Section 5: This Ordinance is hereby declared to be an urgency and emergency measure adopted for the protection of the public'health, safety and welfare, and shall be in full force and effect immediately upqn its ~dpption. The preamble to this Ordinance is hereby referred to and incorporated into this section by reference, and shall constitute a statemejt of the facts constituting such urgency and emergency. Section 6: If any seetio~, Subjection, sentence,.clause or phrase of this Ordinance is for'anylreason heldby a court ~f~competent jurisdiction to be invalid, such decision-.shall not alffeC~ the validity of th~r~maining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinande andleach section, subsection, sentence, clause and phrase thereof,'irre'spective of the f'act~'that any one or more sections, subsections, Sentences, clauses or phrases be held invalid or unconstitutional. This Ordinance was regularly *introduced ~nd w~'I"j~ereafter passed and adopted by the City Council of the City of Saratoga on th~ 8th day of 'January , 1974, by the foflOwing vote: .'. AYES: Councilmen Bridges-, Diridon, Dwyer, Kraus, and Smith NOES: None ~ ABSENT: None~-~ , -~ -~ ~ ~- , ~ .. The abo~e and foregoing is a ~rue and correct cop~ ~ 0t'~Unancs ]E-/~which has been pubiishe',;{ ~ccording' to law, Deputy City Clerk Date -3-