HomeMy WebLinkAboutOrd 12-97 Uniform Fire CodeORDINANCE No. ~2 - 97
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION AND
UNIFORM FIRE CODE STANDARDS, 1994 EDITION AND PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE AND EXPLOSION.
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION I. ADOPTION OF UNIFORM FIRE CODE.
For the purpose of prescribing regulations governing conditions hazardous to life and property
from fire, hazardous materials or explosion, the City of Dublin hereby adopts that certain Code
and Standards known as the Uniform Fire Code and Uniform Fire Code Standards recommended
by the International Fire Code Institute as amended by the State of California being particularly
the 1994 edition thereof and the whole thereof (including appendices IA, lB, IC, IIA, IIB, IIC,
IID, III], IIF, IIG, IIH, HI, IIIAA, IIlB, IIIC, IIID, IVA, IVB, VA, VIA, VIB, VIC, VID, VIE,
VIF, VIG), save and except such portions as are hereunder clarified, deleted, modified or
amended by this Ordinance, of which copies of the Uniform Fire Code and Uniform Fire Code
Standards, have been and are now filed in the Office of the City Clerk, 100 Civic Drive, Dublin,
California, for use and examination by the public. Said Code is adopted by reference pursuant to
Section 50022.4, et seq., of the Government Code of the State of California, and the Uniform Fire
Code, 1994 edition and Uniform Fire Code Standards, 1994 edition are hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall
take effect, the provisions thereof shall be controlling within the limits of the City of Dublin.
SECTION 2. AUTHORITY.
The Fire Department referred to herein and in the Uniform Fire Code and Uniform Fire Code
Standards shall be the entity which provides fire suppression and prevention services to the City
by contract, and the Fire Chief referred to herein shall be the fire chief of the Fire Department,
acting under the direction of the City Manager.
SECTION 3. CLARIFICATIONS AND AMENDMENTS MADE TO THE UNIFORM
FIRE CODE.
This Section includes the clarifications, deletions, modifications, amendments and additions to the
Uniform Fire Code and Uniform Fire Code Standards adopted by reference in Section 1. Article,
Section, Division and Appendix numbers used are those of the Uniform Fire Code.
Section 101. General. Section I01 is amended by adding Section 101.10 as follows:
Section 101.10. Applicability. Where not otherwise limited by law, the provisions of
this Code shall apply to vehicles, cargo containers, ships, boats, and mobile vehicles when
fixed in a specific location within boundaries of this jurisdiction.
Section 103.1.2.2 Requests for Alternative Means of Protection. Section 103.1.2.2 is
amended to read as follows:
Section 103.1.2.2. Requests for Alternative Means of Protection. Requests for
approval to use an alternative material, assembly or materials, equipment, method of
construction, method of installation of equipment, or means of protection shall be made in
writing to the Fire Marshal by the owner or the owner's authorized representative and
shall be accompanied by a full statement of the conditions. Sufficient evidence of proof
shall be submitted to substantiate any claim that may be made regarding its conformance.
The Fire Marshal may restrict tests and the submission of a test report from an approved
testing organization to substantiate the equivalency of the proposed alternative means of
protection.
Approval of a request for use of an alternative material, assembly of materials, equipment,
method of construction, method of installation of equipment, or means of protection made
pursuant to these provisions shall be limited to the particular case covered by request and
shall not be construed as establishing any precedent for any future request.
Section 103.1.4. Appeals. Section 103.1.4.1 is amended to read as follows:
Section 103.1.4.1. Board of Appeals.
Any person aggrieved with any decision of the Fire Chief in connection with the
application or interpretation of this Code or in the approval of alternate materials
or methods of construction may appeal to the City Council. Such appeal shall be
in writing and filed with the City Clerk within ten (10) days.
B. The City Council may, after hearing, interpret any provision of this Code.
The City Council may after hearing vary the application of this Code in any specific
case when, in its opinion, the enforcement thereof would be contrary to the spirit
and purpose of this Code or public interest. The City Council in granting a
variance may impose requirements or conditions to mitigate any adverse effects
that may result from granting a variance.
In making any such interpretation or granting any variance, the City Council shall
make the following findings:
1. That the interpretation or variance is consistent with the purpose of this Code;
2. That the interpretation or variance will not lessen the protection to the people
of the city and property situated therein.
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The City Council may approve alternate materials or methods of construction by
overruling the decision of the Fire Chief. In approval of any alternate materials or
methods of construction, the City Council shall make findings that the material,
method or work proposed is for the purpose intended, at least the equivalent of
that prescribed by this Code in quality, strength, effectiveness, fire resistance,
durability, dimensional stability and safety.
The City Council may appoint a Board of Appeals to hear any specific appeal. The
Board of Appeals shall consist of five (5) members qualified by training and
experience to pass on matters pertaining to the subject matter of the appeal. The
Board of Appeals shall have the same authority and duties as the City Council in
interpreting this Code, granting variances, or approving alternate materials or
methods of construction. The Fire Chief shall be an ex officio member of the
Board of Appeals and shall act as secretary to the Board. The Board of Appeals
shall adopt reasonable rules and regulations for conducting its hearings and
investigations.
(3. The decision of the City Council or Board of Appeals shall be final.
Section 103.2.1.2. Fire Prevention Bureau Personnel and Police. Section 103.2.1.2 is
amended to read as follows:
Section 103.2.1.2. Fire Prevention Bureau Personnel and Police.
The Fire Chief and designated representatives shall have the powers of peace
officers while engaged in the performance of their duties with respect to the
prevention, investigation, and suppression of fires and the protection and
preservation of life and property against the hazards of fire and conflagration.
The Fire Chief, or duly authorized agents, may issue citations for violations of this
Ordinance in the same manner as a county or city is authorized to do so by
Chapter 5C (commencing with Section 853.5), Title 4, Part 2, of the Penal Code.
When requested to do so by the Fire Chief, the Chief of Police is authorized to
assign such available police officers as necessary to assist the Fire Department in
enforcing the provisions of this Code.
Section 103.3.2. l~ew Construction and Alterations. Section 103.3.2 is amended to add
Sections 103.3.2.4 and 103.3.2.5 as follows:
Section 103.3.2.4. Fee for Plan Review, Inspection and Permits. The City Council
may, by resolution, establish a schedule of nondiscriminatory fees to be charged and
collected for plans submitted under 103.3.2.3, solely to defray the City's reasonable costs
for plan review of fire protection equipment and systems, requested or required inspection
services and issuance of permits. Permits issued in accordance with Section 105.8 shall be
valid for a period of one year. Copies of this fee schedule shall be on file in the Office of
the City Clerk for use and examination by the public.
Section 103.3.2.5. Authority to Require Exposure or to Stop Work. Whenever any
installation of fire protection devices covered by this Code is concealed without first
having been inspected, the Fire Chief may require, by written notice, that such work shall
be exposed for inspection. The work of exposing and recovering shall not entail any
expense to the City. Whenever any construction or installation work being performed in
violation of the plans and specifications as approved, a written notice shall be issued to the
responsible party to stop work on that portion of the work which is in violation. The
notice shall state the nature of the violation, and no work shall be done on that portion of
the project until the violation has been corrected.
Section 105.8. Permit Required. Section 105.8 is amended by adding items c.10. and 1.1.3. as
follows:
Item c.10. Christmas Tree Sales. To use property for the purpose of selling cut
Christmas trees. See applicable provisions of Article 25, Section 2501, and Article 11,
Section 1103 for combustible materials.
Item !.1. Liquefied Petroleum Gases.
3. To store, use or handle liquefied petroleum gas inside buildings.
Article 2. Definitions and Abbreviations. Article 2 is amended by adding the following
definitions to Sections 204 and 207:
Section 204:
City Council shall mean the governing body of the City of Dublin.
City Manager shall mean the City Manager of the City of Dublin or designee.
Section 207:
Fire trail means a graded ftrebreak of sufficient width, surface, and design to provide
access for personnel and equipment to suppress and to assist in preventing a surface
extension of fires.
Fuelbreak means a wide strip or block of land on which the vegetation has been
permanently modified to a low volume fuel type so that fires burning into it can be more
readily controlled.
Section 902.2.1. Required Access. Section 902.2.1 is amended by adding the following
language to the end of paragraph number two:
The minimum number of access roads serving residential development(s) shall be based
upon the number of dwelling units served and shall be as follows:
1-25 Units One public or private access road
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26-74 Units One public or private access road and one emergency access road
75 + Units A minimum of two public or private access roads
The maximum length of a single access road shall be no greater than 1,000 feet. The
length may be modified for special circumstances in accordance with Section 103.1.2.
Section 902.2.2. Specifications. Section 902.2.2 is amended by adding a subsection 902.2.2.7
to read as follows:
Section 902.2.2.7. Gates and Barriers. When approved, gates and barriers may be
installed across or over fire department access ways. These installations shall meet Fire
Department standards and shall be approved prior to installation.
Section 902.4. Key Boxes. Section 902.4 is amended by adding the following sentence to the
end of the paragraph:
If the keying system is changed or added to, the responsible party shall notify the Fire
Department and the keys located within the key box shall be updated.
Section 903.3. Type of Water Supply. Section 903.3 is amended to add the following preface
and subsections 903.3.1. and 903.3. I. 1.as follows:
Preface Sentence: The type of water supply provided shall meet Fire Department
standards.
Section 903.3.1. Suburban and Rural Water Supply. In areas where public or private
fire mains are not available for the provision of the required fire flow, the Fire Department
may develop a standard which requires a water supply for fire fighting be provided. In
developing this standard, the Chief may be guided by the most current edition of state or
nationally recognized standards promulgated by such entities as NFPA (National Fire
Protection Association), ICBO (International Conference of Building Officials) and IFCI
(International Fire Chiefs Institute).
Section 903.3.1.1. Storage of Suburban and Rural Water Supplies. In calculating
the water supply available to meet the minimum fire flow required in Section 903.3.1 of
this Code, swimming pools, ponds, and underground cisterns which would require a
drafting operation shall not be considered as a primary water source.
Section 903.4.3. Protection, Marking and Obstruction of Hydrants. Section 903.4.3 is
amended in its entirety to read as follows:
Section 903.4.3. Protection, Marking and Obstruction of Hydrants. Fire hydrants
subject to possible vehicular damage shall be adequately protected with guard posts in
accordance with Section 8001.9.3. For marking, see Section 901.4.3. For obstruction,
see Section 1001.7.
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SeCtion 1001.7.2. Clear Space Around Hydrants. Section 1001.7.2 is amended by adding the
following language:
When hydrants, department connections, or other fire protection control valves are
located behind curbs on property not governed by the Vehicle Code and/or related parking
or vehicular regulations of a local governmental entity, and the parking of motor vehicles
is allowed, the curb shall be painted red for a dimension of 7-1/2 feet on each side of the
hydrant; and a sign posted in accordance with Section 22500.1 of the Vehicle Code.
Section 1003.2. Required Installations. Sections 1003.2.1 and 1003.2.8 are amended and
Sections 1003.2.9, 1003.2.10, 1003.2.11, 1003.2.12, 1003.2.13, 1003.2.14, 1003.2.14.1 and
1003.2.14.2 are added to read as follows:
Section 1003.2.1. General. An automatic fire extinguishing system shall be installed in
the occupancies and locations as set forth in Section 1003.2. In addition, an automatic fire
extinguishing system ghall be required in those occupancies in the type construction which
exceed the square footage listed in Table 1003 A of this Ordinance.
Section 1003.2.8. Group R Division I Occupancies. Section 1003.2.8 is amended by
adding the following language to the last paragraph:
Those systems installed in R-1 Occupancies shall use residential or quick response heads
in the dwelling unit and guest room portions of the buildings and installations may be in
accordance with NFPA 13 or 13R when applicable.
Section 1003.2.9. Mitigation. In one or two family dwellings, to mitigate problems
with access or water supply, the installation of a sprinkler system as mitigation shall be at
the discretion of the Fire Department.
Section 1003.2.10. R-3 Occupancies. Those systems installed in R-3 occupancies shall
be in accordance with NFPA 13 or 13D, and may use any materials approved for use in
such systems in accordance with their listings.
EXCEPTION: Systems which are required to mitigate other deficiencies
shall be installed in accordance with such additional fire protection
requirements as may be deemed necessary by the Chief or his or her
designee.
Section 1003.2.11. Separation Walls. The floor area set forth in Table 1003A shall be
the total floor area of the building irrespective of area separation walls.
EXCEPTION: In group R, Division 3 occupancies, the floor area of
attached garages which are separated from the dwelling area in accordance
with Section 302.4, Exception #3 of the Uniform Building Code, may be
excluded from the total floor area of the building.
Section 1003.2.12. Buildings Three Stories in Height. An automatic sprinkler system
shall be installed in all occupancies, regardless of type of construction, if the building is
three or more stories or more than 35 feet in height measured from pad grade level to the
highest point of the building.
EXCEPTION: K-3 occupancies (one and two family dwellings and
certain townhouses) need not comply with Section 1003.2.12 above
provided they do not exceed the square footage set forth in Table 1003A.
Section 1003.2.13. Other Codes. An automatic sprinkler system shall be installed in ail
other occupancies as may be required by the Uniform Building Code or the California
Building Code.
Section 1003.2.14. Existing Buildings. All changes of occupancy classification in
existing buildings shall comply with the requirements contained in Section 1003.2 and
Table 1003A.
Section 1003.2.14.1. When an addition to an existing building causes the total square
footage of the building to exceed the maximum floor areas specified in Table 1003A of
this Ordinance, the entire building shall be sprinldered.
EXCEPTION #1: Should the total square footage exceed those specified in
Table 1003A by 10% or less, the building need not be sprinklered.
EXCEPTION #2: Unless already provided with an automatic fire extinguishing
system, single family dwellings need not comply with Section 1003.2.14.1 above.
Section 1003.2.14.2. Existing buildings which do not conform to current Building Code
or Fire Code requirements may be required to install an automatic fire extinguishing
system when interior alterations or remodeling occurs, regardless of whether floor area is
increased or the use is changed. It shall be the responsibility of the Fire Marshal and the
Building Official to evaluate the work being performed, non-complying features, and
determine if an automatic fire extinguishing system will be required.
EXCEPTION: Unless already provided with an automatic fire
extinguishing system, Single family dwellings need not comply with Section
1003.2.14.2 above.
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TABLE 1003A Summary of Requirements is added in its emirety as shown below:
Table 1003A
Summary of Requirements
TYPE ~F CONSTRUCTION (U.B.C. 1994)
OCCUPANCY I II 1V V
GROUP
A Div. 1 5,000 5,000 lXlA NA NA
A Div. 2 ** 5,000 5,000 5,000 5,000 3,000
t Div. 2.1 ** 5,000 5,000 5,000 5,000 3,000
A Div. 3 5,000 5,000 5,000 5,000 3,000
A Div. 4 5,000 5,000 5,000 5,000 3,000
B Div. 5,000 5,000 5,000 5,000 3,000
E Div. 1 as required by Califoraia Building Code
E Div.2 5,000 5,000 5,000 3,000 3,000
E Div. 3 5,000 5,000 5,000 5,000 3,000
F Div. 1 5,000 5,000 5,000 5,000 3,000
I*. Div. 2 5,000 5,000 5,000 5,000 3,000
H. Div. 1 all
H. Div. 2 all
H. Div. 3 all
H Div. 4 3,000 3,000 3,000 3,000 3,000
7I. Div. 5 5,000 5,000 5,000 5,000 3,000
H. Div. 6 all
H Div. 7 all
[Div. 1 ** all
I Div. 2 ** all
I Div. 3 all
M. Div. 5,000 5,000 5,000 5,000 3,000
RDiv. 1 5,000 5,000 5,000 5,000 5,000
R Div. 3 5,000 5,000 5,000 5,000 5,000
$ Div. 1 5,000 5,000 5,000 5,000 3,000
S Div 2 5,000 5,000 5,000 5,000 3,000
S Div. 3 5,000 5,000 5,000 5,000 3,000
** Not permitted in II Ixl or 11I N Construction
Section 1006.2.4.1. General. Section 1006.2.4.1. is amended to read as follows:
Section 1006.2.4.1. General. Automatic Fire extinguishing systems shall be
interconnected to the fuel or current supply for cooking equipment. The interconnection
shall be arranged to automatically shut off all cooking equipment and electrical receptacles
which are located under the hood when the system is actuated.
Shut offvalves or switches shall be of a type that require manual operation to reset.
Section 1007.3.3.6.1. General. Section 1007.3.3.6.1 is amended in its entirety to read as
follows:
Section 1007.3.3.6.1. General. All fire alarm systems shall be U.L. listed Central Station
Service systems defined by the 1993 National Fire Alarm Code. When approved by the
Fire Department, local alarms are permitted in:
Day Care Facilities
Single Family Dwellings.
Residential Care Facilities Licensed by Community Care Licensing with an
occupant load of 6 or less.
Occupancies with a local fire alarm system which will give an audible and visible
signal at a constantly attended location. A constantly attended location shall mean
a location on site which is manned 24 hours a day by at least one adult who
remains alert; and does not have conflicting duties which may delay detection and
reporting of an alarm.
Other such occupancies for which the installation of a monitored system may be
impractical or inappropriate as defined by the Fire Chief.
Section 1007.3.4.2 Certification. Section 1007.3.4.2 is amended in its entirety to read as
follows:
Section 1007.3.4.2. Certification. Fire alarm systems shall be U.L. Certificated and
Certificate of Completion, and other documentation listed in the most current edition of
NFPA 72 shall be provided for all new fire alarm system installations.
Section 1109.7. Sparks from Chimneys. Section 1109.7 is amended by deleting the Exception.
Section 5204.5.2. Maximum capacity within established limits. The limits referred to in
Section 5204.5.2 of the Uniform Fire Code in which the storage of compressed natural gas
storage is prohibited, are hereby established as follows: Any area which is zoned for other than
commercial, industrial, or agricultural use.
Section 7701.7.2. Limits established by law. The limits referred to in Section 7701.7.2 of the
Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby
established as follows: Any central business district area as defined by this Code and any area
which is zoned for other than industrial or agricultural use.
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Section 7802.1. General. Section 7802.1 is amended by adding a fourth exception as follows:
The sale, use and discharge of fireworks are allowed in accordance with Chapter
5.24 of the Dublin Municipal Code.
Section 7902.1.13.3. Tanks above Grade. Section 7902.1.13.3 is amended by deleting the
second sentence.
Section 7902.2.2.1. Locations where aboveground tanks are prohibited. The limits referred
to in Section 7902.2.2. in which storage of flammable or combustible liquids in outside above
ground tanks is prohibited, are hereby established as follows: Any area which is zoned for other
than commercial, industrial, or agricultural use.
Section 7904.2.5.4.2. Locations where aboveground tanks are prohibited. The limits
referred to in Section 7904.2.5.4.2 of the Uniform Fke Code in which storage of flammable or
combustible liquids in outside above ground tanks is prohibited, are hereby established as follows:
Any area which is zoned for other than commercial, industrial, or agricultural use.
Section 8204.2. Maximum Capacity within Established Limits. The limits referred to in
Section 8204.2 of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is
restricted, are hereby established as follows: Any zone which is zoned for other than commercial,
industrial or agricultural use.
Appendix II E. Hazardous Materials Management Plans and Hazardous Materials
Inventory Statements. Section 1. SCOPE. Section 1 is amended by adding the following
sentence:
Hazardous Material Management Plans and Inventory Statements as required by the
Alameda County Health Services Department may be accepted in lieu of this Appendix.
SECTION 4. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY
REQUIRE PERMITS.
The City Manager, the Fire Chief and the Fire Marshal shall act as a committee to determine and
specify, after giving affected persons an opportunity to be heard, any new materials, processes or
occupancies for which permits are required in addition to those now enumerated in the Uniform
Fire Code. The Fire Marshal shall post such list in a conspicuous place at the Dublin Civic Center
and distribute copies thereof to interested persons.
SECTION 5. PENALTIES.
Any person who violates any of the provisions of the Uniform Fire Code as adopted and
amended herein or fails to comply therewith, or who violates or falls to comply with any
order made thereunder, or who builds in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or permit
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issued thereunder, and from which no appeal has been taken, or who fails to comply with
such an order as affirmed or modified by the City Council or by a court of competent
jurisdiction, within the required time, shall severally for each and every such violation and
noncompliance, respectively, be guilty of an infraction.
Any person convicted of an infraction under the provisions of this Ordinance shall be
punished upon a first conviction by a fine of not more than one hundred dollars ($100),
and for a second conviction within a period of one (1) year by a fine of not more than two
hundred dollars ($200), and for a third or any subsequent conviction within a one (1) year
period by a fine of not more than five hundred dollars ($500). Any violation beyond the
third conviction within a one (1) year period"may be charged by the District Attorney as a
misdemeanor and the penalty for conviction of the same shall be subject to a fine or
imprisonment, or both, not to exceed the limits set for in California Penal Code Section
19.
At the discretion of the City Manager, any such violation constituting an infraction under
this Ordinance may, instead, be charged and prosecuted as misdemeanor, punishable by a
fine or by imprisonment, or both, not to exceed the limits set forth in California Penal
Code Section 19.
In addition to the penalties provided in this section, any condition caused or permitted to
exist in violation of any of the provisions of this Ordinance shall be deemed a public
nuisance and may be summarily abated by the City as such.
Each person shall be guilty of a separate offense for each and every day during any portion
of which any violation of any provisions of this Ordinance is committed, continued or
permitted by such person and shall be punishable accordingly.
The Fire Chief shall have the power to designate by written order that particular officers
or employees shall be authorized to enforce particular provisions of this Ordinance.
Officers or employees so designated shall have the authority to cite or arrest persons who
violate any of said provisions.
SECTION 6. VALIDITY.
The City Council hereby declares that should any section, paragraph, sentence or word of this
Ordinance or of the Uniform Fire Code as adopted and amended herein be declared for any reason
to be invalid, it is the intent of the City Council that it would have passed all other portions of this
Ordinance independent of the elimination here from of any such portion .as may be declared
invalid.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and be in force 30 days following its adoption.
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SECTION 8. POSTING
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this
20th day of May ,1997, by the following vote:
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart, and Mayor Houston
NOES: None
ABSENT: None
Attest:
Deput~ City Clerk
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