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HomeMy WebLinkAbout6.1 UniformFireCd 1994 .. .. . CITY CLERK File # D5J~[QJ-[gJlQ] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 20, 1997 SUBJECT: Public Hearing: Adoption of 1994 Edition of the Uniform Fire Code and Uniform Fire Code Standards by Reference Report Prepared by: Richard C. Ambrose, City Manager EXIllBITS ATTACHED Exhibit A: Ordinance 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 Exhibit B: Agenda Statement from May 6,1997 City Council meeting RECOMMENDATION: / /0~ 1. 2. 3. 4. 5. 6. Open Public Hearing Receive Staff presentation Receive Public testimony Close Public Hearing Deliberate Waive reading and ADOPT Ordinance. FINANCIAL STATEMENT: None DESCRIPTION: At the May 6, 1997 City Council meeting, the Council introduced an Ordinance 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. Staff recommends that the Council conduct a public hearing, deliberate, waive the reading and adopt the ordinance. ------------------------------------------------------------------- COPIES TO: G:\CC-MTGS\97-QTR2\MA Y -97\5-20-97\FlRECODE.DOC ITEM NOo_6.J . . . ORDINANCE No. -97 ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDmON AND lTh1JFORM FIRE CODE ST~J)ARDS, 1994 EDITION A:r\1]) PRESCRIBING REGULATIONS GOVERNING CONDffiONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION. THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. 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 knO"WIl 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, IB, IC, ITA, IIB, IIC, IID, TIE, IIF, IIG, IIH, m, IILA..A, IIIB, mc, IIID, IV A, IVB, VA, VIA, VIE, VIC, VID, VIE, VIP, 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. . J EXHIBIT A Section 101. General. Section 101 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 O"WIler or the o"WIler'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. A 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. r C. 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. D. 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. 2 . e. e: . E. 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. F. 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. G. 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. a. 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 offire and conflagration. b. 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. c. 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. New 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. 3 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 ofthe 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.lO. 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 1.1. 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 firebreak 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 4 . . ---- ..... . 26-74 Units 75 + Units One public or private access road and one emergency access road 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 903.3.1. Las 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 NFP A (National Fire Protection Association), rCBO (International Conference of Building Officials) and IFer (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. 5 Section 1001.7.2. Clear Space Around Hydrants. Section 1001.7.2 is amended by adding the following language: e: 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 extimruishing system shall 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 1 Occupancies. Section 1003.2.8 is amended by adding the following language to the last paragraph: . Those systems installed in R-l 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 NFP A 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 NFP A 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 . 6 .... 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: R-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 all 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 sprinklered. EXCEPTION # 1: Should the total square footage exceed those specified in Table 1 003A 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. e.: 7 TABLE 1003A Summary of Requirements is added in its entirety as shown below: Table 1003A Summalj' of Requirements TYPE OF CONSTRUCTION (U.B.C. 1994) ....... --- OCCUPANCY I n ill IV V GROUP A Div. 1 5,000 5,000 NA NA NA ADiv.2.. 5,000 5,000 5,000 5,000 3,000 ADiv. 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 ADiv.4 5,000 5,000 5,000 5,000 3,000 BDiv. 5,000 5,000 5,000 5,000 3,000 E Div. 1 as required by California Building Code E Div.2 5,000 5,000 5,000 3,000 3,000 E Diy. 3 5,000 5,000 5,000 5,000 3,000 F Div. 1 5,000 5,000 5,000 5,000 3,000 F. Div. 2 5,000 5,000 5,000 5,000 3,000 H. Div.1 all H. Diy. 2 all H. Diy. 3 all H Div. 4 3,000 3,000 3,000 3,000 3,000 H. Diy. 5 5,000 5,000 5,000 5,000 3,000 H. Diy. 6 all H Div. 7 all lDiv. 1 .. all I Diy. 2 .. all lDiv.3 all MDiy. 5,000 5,000 5,000 5,000 3,000 RDiv.l 5,000 5,000 5,000 5,000 5,000 R Div. 3 5,000 5,000 5,000 5,000 5,000 S 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 N or ill N Construction 8 . . .. . . e- 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 off valves 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: 1. 2. 3. 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 4. 5. 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 NFP A 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. 9 Section 7802.1. General. Section 7802.1 is amended by adding a fourth exception as follows: .. 4. 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 Fire 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 IT 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 WmCH 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. A 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 fails 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 10 '. . D. ..:'. 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. B. 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. C. 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. E. 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. F. 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. 11 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 day of , 1997, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Attest: City Clerk ..... ..... 12 . .' . e: .: . r1J CITY CLERK File # D~~~-[l][Q] AGENDA STATEMENT CITY COUNCll.- MEETING: May 6, 1997 Subject: Public Hearing: Adoption of 1994 Edition of the Uniform Fire Code and Uniform Fire Code Standards by Reference Report Prepared by: Richard C. Ambrose, City Manager Exhibits Attached: Ordinfu"lCe Adopting by Reference the Unifonn 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. Summary of Changes to the Uniform Fire Code included in the proposed ordinance. Form of Public Notice for May 20, 1997 public hearing to be held regarding the adoption of the Uniform Fire Code by reference, pursuant to Section 50022.3 of the California Government Code. 1. 2. 3. Background Document: Uniform Fire Code, 1994 Edition and Uniform Fire Code Standards, 1994 Edition. Copies of the Uniform Fire Code, 1994 Edition and Uniform Fire Code Standards, 1994 Edition, are on file at the Office of the City Clerk for public review and inspection. In addition, one copy will be available at the City Council meeting. Recommendations>/, " ; . \ 3. 4. 5. 6. Open Public Hearing; Receive staff presentation; Receive public testimony; Close Public Hearing; Deliberate; Read title ("An Ordinance 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") and introduce ordinance; and Approve form of public notice for May 20, 1997 public hearing. 7. Financial Statement: None Description: Since 1988, the Dougherty Regional Fire Authority (DRFA) has provided fire. suppression and prevention services to the City of Dublin. DRF A has historically adopted the ------------------------------------------------------------------- COPIES TO: EXHIBIT B Adoption of Uniform Fire Code Page 2 . Uniform Fire Code and Uniform Fire Code Standards to establish standards and regulations that provide for fire and life safety in the City of Dublin. On July 1, 1997, DRF A will be dissolved. Beginning on that date, the City of Dublin will be responsible for providing fire suppression and prevention services to its residents and businesses. It is therefore necessary for the City Council to adopt the Uniform Fire Code and Fire Code Standards so that these standards and regulations will continue to be applicable in the City of Dublin. Effective July 1, 1997, the City will provide fire suppression and prevention services by contracting with the Alameda County Fire Department (ACFD). The ACFD Fire Chief and designated Fire Marshal, acting under the direction of the Dublin City Manager, will be responsible for enforcing the Uniform Fire Code and Uniform Fire Code Standards. Uniform Fire Code and Uniform Fire Code Standards The ordinance proposed for consideration and adoption by the City Council adopts the 1994 Edition of the Uniform Fire Code and Uniform Fire Code Standards as amended by the State of California by reference. This code prescribes regulations to safeguard life and property :from the hazards offire and explosion arising from the use or occupancy of buildings or premises or from the storage, handling and use of hazardous substances, materials and devices. '. The proposed ordinance also makes clarifications and amendments to the Uniform Fire Code, establishes an appeals process and establishes penalties for violation of the code. The clarifications and amendments are essentially the same as those currently in place for the City of Dublin under DRF A. Changes have been made to the DRF A language to reflect that the City and its contracted Fire Department will be the responsible parties with regard to enforcement of the Uniform Fire Code. A summary of the changes made to the Uniform Fire Code is attached to this staff report. Appeals Process The proposed ordinance provides an appeal process similar to that included in the Dublin Municipal Code Section 7.28.170 for Building Code appeals. Under this process, appeals of any decision made .: by the Fire Chiefin connection with the application or interpretation of the Uniform Fire Code or in the approval of alternate materials or methods of construction are made to the City Council. The City Council may hear the appeal itself or may designate a five member Board of Appeals to hear the appeal. The decision of the City Council or Board of Appeals is final. Penalty Provisions Under DRF A, any violation of the Uniform Fire Code is deemed a misdemeanor. The proposed . ordinance changes this penalty provision by establishing that a violation of the code is charged as an ....... . infraction unless the City Manager determines that it should be charged as a misdemeanor or unless d -l--- . .: .. [5 Adoption of Uniform Fire Code Page 3 Penalty Provisions Under DRF A, any violation of the Uniform Fire Code is deemed a misdemeanor. The proposed ordinance changes this penalty provision by establishing that a violation of the code is charged as an infraction unless the City Manager determines that it should be charged as a misdemeanor or unless the violator has been guilty of three or more infractions in a one year period. The proposed penalty provisions are similar to those in place in Dublin for violations of the Building Code. Process for Adopting the Uniform Fire Code by Reference The Government Code establishes a process for adopting a code by reference, which the City Council must follow to adopt the Uniform Fire Code and Uniform Fire Code Standards. This process requires that following the reading by title and introduction of the proposed ordinance, the City Council must schedule a public hearing to consider the proposed ordinance, approve the form of notice and cause the notice to be published in a newspaper of general circulation in or nearest to the City of Dublin pursuant to Government Code Section 6066. The required public hearing is recommended to be scheduled for May 20, 1997, and the proposed form of public notice is attached to this staff report. Future Actions The proposed ordinance authorizes the City Council to charge fees for plan review, inspection and permits to defray the City's reasonable costs for providing these services and permits. The fee schedule must be adopted by resolution. A similar fee schedule is currently in place for DRF A for the provision of these services and permits. Staff is currently evaluating the existing fee schedule in relation to the cost for services under the ACFD contract. A proposed fee schedule will be brought to the City Council for consideration and adoption prior to July 1, 1997. Recommendation Staff recommends that, following the public hearing, the City Council take the following steps: 1. Read the title of the proposed ordinance in full; 2. Introduce the ordinance; and 3. Approve the form of public notice. -=7 CITY OF DUBLIN ADOPTION OF 1994 EDITION OF THE UNIFORM FIRE CODE SUMMARY OF CHANGES .... Following is a summary of changes to the 1994 Edition of the Uniform Fire Code. This is not intended as a legal interpretation of meaning. Jir Unifonn Fire Code Action Synopsis I Section 101.10 Add Adds vehicles, cargo containers, ships, boats and mobile vehicles to the scope of the code. 103.1.2.2 Amend Authorizes the Fire Department to approve alternate means or methods. 103.1.4 Amend Establishes the appeals process. 103.2.1.2 Amend Provides police powers for enforcement and investigation of fire code issues. 103.3.2.4 Add Establishes authority to set fees for plan review, inspections and permits. 103.3.2.5 Add Grants authority to stop work. 105.8 Add Requires permits for Christmas tree lots and liquefied petroleum gas storage in buildings. 204 and 207 Add Adds definitions for City Council, City Manager, fire trail and fuelbreak. 902.2.1 Amend Sets minimum number of access roads. 902.2.2.7 Add Establishes requirements for gates and barriers across roadways. 902.4 Amend Establishes responsibility for notification of key system changes. 903.3 Amend Authorizes Fire Department to set water supply standards. .-:: e. J(p rrJA-J t./ ltf'i 1 A e,J1;. ~l EXHIBIT 2 . -- . .... ~ . [1 Summary of Changes to Uniform Fire Code Page 2 Uniform Fire Code Action Synopsis Section 903.3.1 Add Establishes non-urban water supply standard. 903.3.1.1 Add Precludes use of in-ground storage as a source for water supply. 903.4.3 Amend Establishes standards for protection of fire hydrants. 1001.7.2 Amend Defines required clearance for fire hydrants. 1003.2.1 through Amend and The sections, subsections and exceptions amended or 1003.2.14.2 Add added within this range establish sprinkler requirements for certain buildings. 1006.2.4.1 Amend Expands requirements for shutdo"WIl of fuel or electrical current in hood systems. 1007.3.3.6.1 Amend Defines fire alarm requirements for certain occupancies. 1007.3.4.2 Amend Requires U.L. Certification of Completion for all new alarm installations. 1109.7 Amend Deletes the exception for spark arresters. 7802.1 Amend Allows for safe and sane fireworks in accordance with the Dublin Municipal Code. 7902.1.13.3 Amend Prohibits use of wood as a support for a flammable liquid tank. 5204.5.2, 7701.7.2, Establish Establishes limits for storage of compressed natural gas, 7902.2.2.1, Limits explosives, flammable and combustible liquids in above 7904.2.5.4.2, 8204.2 ground tanks and liquefied petroleum gas by prohibiting such storage in any area other than an area zoned for commercial, industrial or agricultural use. Appendix lIE Amend Allows for use of Alameda County Hazardous Materials Management Plan.