102-Draft Ordinance.pdf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16 OF THE CUPERTINO MUNICIPAL CODE AND
ADOPTING THE 2010 CALIFORNIA BUILDING CODE STANDARDS
WITH APPENDICES AND AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they are
adopting the 2010 California Building Code Standards and amending Chapter 16 of the
Cupertino Municipal Code as follows:
Section
16.04.010 Code Adoption.
16.04.015 Adoption of Appendix Chapters.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.050 Address posting.
16.04.060 Installation of Spark Arrestors.
16.04.080 Roof Covering Classification.
16.04.110 Amending Section 1614, 1614.1 and 1614.3.
16.04.130 Other inspection fees – Table 1-A.
16.04.160 Penalty.
16.04.170Amending Section 1614, 1614.1 and 1614.1.7.
16.04.180Amending Section 1908.1 and adding Section 1908.1.17.
16.04.230Vertical combinations –Amendment.
16.04.340 Conventional Construction Provisions (Bracing) - Amendment.
16.04.350 Stability Coefficient Equation.
16.04.360 Concrete Isolated Footings.
16.04.370 Revise section 1908.1.8 ACI 318-08 section 22.10.1.
*For statutory provision regarding the authority of cities to regulate the building,
construction and removal of buildings within the city, see Gov. Code § 38601; for other
provisions concerning the authority of cities in regulating buildings and construction, see
Gov. Code § 38660; for the provisions of the State Housing Act, see Health and Safety
Code § 17910 et seq.
Amend Section 16.04.010 to read:
The Building Code for the City shall be the 2007 Edition of the California Building
Code,Volumes 1 and 2 inclusive and Appendices which follow:
The provisions of the 2010 California Building Code, Volumes 1 and 2 inclusive,
and Appendices which follow and each and all of the regulations, provisions, conditions
and terms of the code is referred to as if fully set forth in this chapter, and is by such
reference adopted.
One (1) copy of each volume of the code therefore is on file in the office of the
Building Official pursuant to Health and Safety Code Section 18942 (d) (1) and are
made available for public inspection.
Add Section 16.04.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2010 California Building Code are hereby
adopted.
A.C–U Buildings;Appendix C: Group U – Agricultural Buildings;
B.D–Fire Districts;
C.Amend D102.2.5 Roof Covering;
D.F–Rodentproofing;Appendix F: Rodentproofing;
E.G–Flood-Resistant Construction;Appendix G: Flood-Resistant Construction;
F.I–Patio Covers;Appendix I: Patio Covers;
G.2007 California Historical Building Code;California Code Part 8: 2010 California
Historical Building Code;
H.2007 California Existing Building Code;California Code Part 10: 2010 California
Existing Building Code
(Ord. _____)
Findings: Appendix D is recommended to be removed from the Municipal Code since
it is not applicable in the City since an ordinance has never been adopted to create or
establish a Fire District. Section D102.2.5 Roof Covering is recommended to be
relocated from the Building Code section and added as amended in the Residential
Code section of the Municipal Code.
Section 16.04.020 to remain unchanged.
Section 16.04.030 to remain unchanged.
Section 16.04.050 to remain unchanged.
Amend Section 16.04.060 as follows.
In new construction or when alterations, repairs or additions requiring a permit and
having a valuation in excess of one thousand dollars occur, all new and existing
fireplace chimneys shall terminate in a substantially constructed spark arrestor, having a
mesh not exceeding one-half inch.complying with the requirements of the 2010
California Residential Code Section R1003.9.1.
Findings: The construction requirements for spark arrestors are included in the 2010
California Residential Code \[Section R1003.9.1\] and therefore recommended to be
referenced in this section where the spark arrestor
Add Section 16.04.070 as follows:
Amend Section 707A.8 of the 2010 California Building Code as follows:
Delete “When required by the enforcing agency”
Delete Section 710A.3.2 of the 2010 California Building Code in its entirety.
Amend Section 710A.4 of the 2010 California Building Code as follows
Delete “When required by the enforcing agency”
Findings: The recommendation to remove “When required by the enforcing agency”
will eliminate the subjectivity that may be introduced if the verbiage were to remain.
(Ord. _____)
Amend Section 16.04.080 to read:
Section 1505 of the 2007 California Building Code is amended to read:
Roof coverings on all buildings and structures hereafter erected or constructed in the
City, shall be fire-retardant, and shall comply with the standards established forClass A
roofing. All recovering or replacement roofs for existing buildings and structures shall
comply the 2007 California Building Code Section 1510 and shall be fire-retardant, and
comply with the standards established for Class A roofing.
Except that a replacement or recovering of less than 10 percent of the total roof area
shall be exempt. This exception will not apply if recovering or replacement of 10 percent
or more of the existing roof is done in any three consecutive year period.
The 2007California Building Code, Section 1501.1 Exception is deleted.
Precipitation, relative humidity, temperature and wind. These local climatic conditions
affect the acceleration, intensity and size of fire hazard of acommunity.
Times of little or no rainfall, of low humidity, high temperatures and the winds
experienced in this area can have a tremendous impact upon structure fires especially
when buildings are close proximity to one another.
Geographic and Topographic:
Seismic location. Seismically, the city has the San Andreas and Sargent-Berocal
faults running through the lower foothills and the Monta Vista fault system closer to the
valley floor area. The Hayward fault is just northeast of the city which would have a
major effect upon the city if it were to rupture. Adding to this threat is the number of
vehicles driven in the city is steadily increasing with commuters driving to and through
the city either to their homes, shopping and/or places of employment. With so many
vehicles on theroad at any given time during the day can play a major role on the
response time of emergency services thus greatly increasing the risk to property and
life.
Local climatic, geographic and topographic conditions impact potential damage to all
structures from earthquake and subsequent fire.
Section 1505.1.3 of the 2010 California Building Code is amended to read:
The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-
year period, the entire roof covering of every new structure, and any roof covering
applied in the alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is at least Class A.
Section 1505.1.4.1 of the 2010 California Building Code is amended to read:
The entire
roof covering of every existing structure where more than 50 percent of the total roof
area is replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement of the
roof of every existing structure, shall be a fire-retardant roof covering that is at least
Class A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section 705A.
Section 16.04.110 to remain unchanged.
Section 16.04.130 to remain unchanged.
Section 16.04.160 to remain unchanged.
Repeal Section 16.04.170 in its entirety.
Findings: Section 16.04.170 is included in the 2010 California Building Code and no
longer needs to be a local amendment.
Section 16.04.180 to remain unchanged.
Repeal Section 16.04.230 in its entirety.
Findings: Structural Amendments are based on an outdated model code and have
changed due to the adoption of the international code.
Amend Section 16.04.340 in its entirety as follow:
SECTION 2308.9.3 CONVENTIONAL CONSTRUCTION PROVISIONS (BRACING)
2007 CBC Section 2308.9.3, Items 5 & 7 are amended as follows.
Delete 2007 CBC Section 2309.9.3, Item 5 which allows the use of gypsum board.
Amend 2007 CBC Section 2308.9.3, Item 7 as follows:
Portland cement plaster on studs spaced 16 inches on center installed in accordance
with Section 2510 is limited to one-story structures of R-3 and U occupancies.
Delete CBC Section 2308.9.3, Item 5 which allows the use of gypsum board.
Amend CBC Section 2308.9.3, Item 7 as follows:
Portland cement plaster on studs spaced 16 inches on center installed in accordance
with Section 2510 is limited to one-story structures of R-3 and U occupancies.
(Ord. _____)
Add Section 16.04.350 in its entirety as follow:
Add Section 1613.8 to 2010 CBC Section 1613 and ASCE 7-05 Section 12.8.7 to read
as follows:
Modify ASCE 7, Section 12.8.7 by amending
Equation 12.8-16 as follows:
PI
x
(12.8-16)
VhC
xsxd
Findings: The importance factor, I, was omitted from Equation 12.8-16 by mistake
while transcribing it from the 2003 NEHRP Recommended Provisions (FEMA 450)
Equation 5.2-16. For buildings with importance factor, I, higher than 1.0, the stability
coefficient should include the importance factor. The proposed modification is
consistent with the provisions adopted by DSA-SS and OSHPD as reflected in Section
1615.10.7 of the 2010 California Building Code. It is also consistent with ASCE 7-10
Equation 12.8-16 that will be adopted in the next code cycle. TUCC had supported the
proposed modification during the 2007 code adoption process. This proposed
amendment is a continuation of an amendment adopted during the previous code
adoption cycle.
Add Section 16.04.360 in its entirety as follow:
Amend Section 1704.4 Exception #1 of the 2010 CBC to read as follows:
The special inspections and verifications for
concrete construction shall be as required by this section and TABLE 1704.4.
Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the
footing is based on a specified compressive strength, f’c, no greater than 2,500
pound per square inch (psi) (17.2 Mpa).
Findings:Results from studies after the 1994 Northridge earthquake indicated that a
lot of the damages were attributed to lack of quality control during construction. The
proposed amendment improves quality control during construction and therefore needs
to be incorporated into the Code.
Revise CBC Section 1704.4 Exception #1 to allow special inspection not to be required
for isolated spread footing where the structural design of the footing is based on a
specified compressive strength, f’c, no greater than 2,500 psi.
This proposed amendment is a continuation of an amendment adopted during the
previous code adoption cycle.
Add Section 16.04.360 in its entirety as follow:
Amend entire section 1908.1.8 ACI 318 section 22.10 and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does
not exceed the footing thickness.
In detached one and two-family dwelling three stories or less in height, the projection
of the footing beyond the face of the supported member is permitted to exceed the
footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at
least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No.
4 and shall have a total area of not less than 0.002 times the gross cross-sectional
area of the footing.A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
In detached one and two-family dwellings three stores or less in height and
constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have
a total area of less than 0.002 times the gross cross –sectional area of the footing.
Findings: The proposed amendment addresses the problem of poor performance of
plain or under-reinforced concrete footings during a seismic event. This amendment
reflects the recommendations by the Structural Engineers Association of Southern
California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the
poor performance of plain and under-reinforced concrete footings observed in 1994
Northridge earthquake.
Add this Chapter in its entirety.
Section
16.06.010 Code Adoption.
16.06.015 Adoption of Appendix Chapters.
16.06.050 Automatic Fire Sprinkler Systems.
16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure.
16.06.070 Footings.
16.06.080 Roof Covering Classification.
16.06.090 Seismic Reinforcing.
16.06.100 Intermittent Brace Wall Panel Construction Methods.
The provisions of the 2010 California Residential Code and specified Appendices
and each and all of the regulations, provisions, conditions and terms of the code is
referred to as if fully set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
The following Appendix Chapters from the 2010 California Residential Code are
hereby adopted:
Appendix A: Sizing and Capacities of Gas Piping;
Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems;
Appendix G: Swimming Pools, Spas and Hot Tubs;
Appendix H: Patio Covers;
Appendix J: Existing Building and Structures;
Appendix K: Sound Transmission;
(Ord. _____)
Amend Section R313.1 to read:
An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses
when additions are made that increase the building area to more than 3,600 square
feet.
A one-time addition to an existing building that does not total more than 1000 square
feet of building area.
Amend Section R313.2 to read:
An
automatic residential fire sprinkler system shall be installed in one- and two-family
dwellings as follows:
1. In all new one- and two-family dwellings and in existing one- and two-family
dwellings when additions are made that increase the building area to more than
3,600 square feet.
A one-time addition to an existing building that does not total more than 1000 square
feet of building area.
2. In all new basements and in existing basements that are expanded.
Existing basements that are expanded by not more than 50%.
Amend Section R327.7.9 of as follows:
Delete “When required by the enforcing agency”
Delete Section R327.10.3.2 in its entirety:
Amend Section R327.10.4 of as follows:
Delete “When required by the enforcing agency”
(Ord. _____)
Amend Section R403.1 to read:
All exterior walls shall be supported on continuous solid or fully
grouted masonry or concrete footings, or other approved structural systems which shall
be of sufficient design to accommodate all loads according to Section R301 and to
transmit the resulting loads to the soil within the limitations as determined from the
character of the soil. Footings shall be supported on undisturbed natural soils or
engineered fill. Concrete footings shall be designed and constructed in accordance with
the provisions of Section R403 or in accordance with ACEI 332.
1-story12121212
2-story15121212
3-story23171212
1-story12121212
2-story21261212
3-story32241612
1-story16121212
2-story29211412
3-story42322116
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa.
a. Where minimum fooing width is 12 inches, use of a single wythe of solid or fully grouted 12-inch
nominal concrete masonry units is permitted.
Amend Section R403.1.1 to read:
Minimum sizes for concrete and masonry footings shall be
as set forth in Table R403.1 and Figure 403.1(1). The footing width, W, shall be based
on the load-bearing value of the soil in accordance with Table R401.4.1. Spread
footings shall be at least 6 inches (152 mm) in thickness, T. Footing projection, P, shall
be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size
of footings supporting piers and columns shall be based on the tributary load and
allowable soil pressure in accordance with Table R401.4.1. Footings for wood
foundations shall be in accordance with the details set forth in Section R403.2, and
Figures R403.1(2) and R403.1(3).
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
Amend Section R902.1.3 to read:
The entire roof covering of every
existing structure where more than 50 percent of the total roof area is replaced within
any one-year period, the entire roof covering of every new structure, and any roof
covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class CA.
Amend Section R902.1.4 to read:
The
entire roof covering of every existing structure where more than 50 percent of the total
roof area is replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement of the
roof of every existing structure, shall be a fire-retardant roof covering that is at least
Class CA.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area
shall also comply with Section R327.5.
(Ord. _____)
Amend Section R403.1.3 by adding wording to the first sentence of the first paragraph
to specify the minimum amount of longitudinal reinforcing, and by deleting the portion of
the Exception to this section that allows the use of plain concrete footings without
longitudinal reinforcement, to read:
Concrete footings located in Seismic Design
Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum
reinforcementof at least two continuous longitudinal reinforcing bars not smaller than
No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear
from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created
between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a
minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be
installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3
inches (76 mm) clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout
and vertical reinforcing are not permitted.
In detached one- and two-family dwellingswhich are three stories or less in height and
constructed with stud bearing walls, isolated plain concrete footings supporting columns
or pedestals are permitted.
(Ord. _____)
Findings:This proposed amendment to the CRC is made to be consistent with TUCC
amendment 3 that modifies the plain concrete provisions in CBC Section 1908.1,8 and
ACI 318 Section 22.10.1.
This proposed amendment addresses the problem of poor performance of plain or
under-reinforced concrete footings during a seismic event. This amendment reflects the
recommendations by the Structural Engineers Association of Southern California
(SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor
performance of plain and under-reinforced concrete footings observed in 1994
Northridge earthquake.
Amend CRC Table R602.10.1.2(2), to add a new footnote “d” to the end of CRC Table
R602.10.1.2(2), to read:
d. In Seismic Design Categories D, D, and D, Method GB is not permitted and the
012
use of Method PCP is limited to one-story single family dwellings and accessory
structures.
Add the “d” footnote notation in the title of Table R602.10.1.2(2) after the three footnotes
currently shown, to read:
Add a new subsection R602.10.2.1.1, to read:
. In Seismic Design Categories D,
0
D, and D, Method GB is not permitted for use as intermittent braced wall panels, but
12
gypsum board is permitted to be installed when required by this Section to be placed on
the opposite side of the studs from other types of braced wall panel sheathing. In
Seismic Design Categories D, D, and D, the use of Method PCP is limited to one-
012
story single family dwellings and accessory structures.
(Ord. _____)
Findings:The proposed amendment addresses the problem of poor performance of
gypsum wallboard and Portland cement plaster as wall bracing materials in high seismic
areas. This amendment reflects the recommendations by the Structural Engineers
Association of Southern California (SEAOSC) and the Los Angeles City Joint Task
Force that investigated the poor performance of these bracing materials that were
observed in 1994 Northridge earthquake.
Section
16.12.010 Purpose Code Adoption.
16.06.020 Required.
16.06.030 Report Requirements.
16.06.040 Preparation.
16.06.050 Approval of Report.
16.06.060 Conditions of Building Permit.
16.06.070 Appeals.
* For statutory provisions requiring cities to enact an ordinance which makes necessary
a preliminary soil report of every subdivision, see Health and Safety Code §§ 17953-
17957.
Amend Section 16.12.010 to read:
The ordinance codified in this chapter is enacted pursuant to the provisions of
Section 17953 through 17957 of the Health and Safety Code of the state, relating to
housing, and reaffirms the requirements of an approved soils report as a condition oto
the issuance of a building permit.
Amend Section 16.12.020 to read:
A soils report, as described in Section 17953 of the California Health and Safety
Code, shall be required of every subdivision as defined in the Subdivision Map Act of
the State of California (commencing at Section 66401 of the California Government
Code) and shall also be required as a condition precedent to the issuance of any
building permit for any structure to be built on any lot or subdivision.
Said soils report may be waived by the Building Official or if the Public Works
Director determines that due to the knowledge such department has as to the soil
qualities of the soil of the subdivision or lot, no analysis is necessary.
Section 16.12.030 to remain unchanged.
Section 16.12.040 to remain unchanged.
Section 16.12.050 to remain unchanged.
Amend Section 16.12.060 to read:
No building permit shall be issued for the construction of any building or structure on
any lot or subdivision subject to this chapter unless or until an approved preliminary soil
report has been filed first with the Building Official and City Engineer; or said report has
been waived pursuant to the provisions of this chapter or, the corrective action, if any,
has been assured.
Section 16.12.070 to remain unchanged.
Section
16.16.010CodeAdoption of 2007 California Electrical Code and Uniform
Administrative Code Provisions (except Table 3-A).
16.16.015 Adoption of Appendix Chapters.
16.16.020 Article 100 Amended - Definitions.
16.16.025 Electrical Work.
16.16.030 Electrical Fee Schedule.
16.16.040 Interpretation.
16.16.050 Electrical Maintenance Program.
16.16.070 Penalty.
16.16.120 Solar photovoltaic systems –Amendment.
16.16.130 Fuel cell systems –Amendment.
Amend Section 16.16.010 to read:
CodeAdoption of 2007 California Electrical Code and Uniform
Administrative Code Provisions (except Table 3-A).
The provisions of the 20072010 California Electrical Code and each and all of the
regulations, provisions, conditions and terms of the code (one copy of which has been
filed for use and examination by the public in the office of the Building Department) is
referred to as if fully set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
Add Section 16.16.015 to read:
No Appendix Chapters from the 2010 California Electrical Code have been adopted.
Section 16.16.020 to remain unchanged.
Section 16.16.025 to remain unchanged.
Section 16.16.030 to remain unchanged.
Section 16.16.040 to remain unchanged.
Section 16.16.050 to remain unchanged.
Section 16.16.070 to remain unchanged.
Repeal Section 16.16.120 and Section 16.16.130 in its entirety.
Findings: These two sections, Article 690 and Article 692 of the National Electrical
Code, is included in the 2010 California Electrical code and therefore makes these
sections redundant and recommended for removal.
Section
16.20.010Code Adoption Adopted by Reference.
16.20.015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
16.20.030 Amendments.
16.20.080 Condensate Disposals.
16.20.090 Appendix chapters.
16.20.100 Penalty.
16.20.110 Schedule of Fees.
16.20.120 Board of Appeals.
Amend Section 16.20.010 to read:
That certain code entitled “International Association of Plumbing Officials Uniform
Plumbing Code, 2007 Edition” one copy of which is on file in the office of theBuilding
Department for use and examination by the public, excepting those provisions noted in
this chapter, is adopted by reference.
The provisions of the 2010 California Plumbing Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth
in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
Add Section 16.20.015 to read:
The following Appendix Chapters from the 2010 California Plumbing Code are hereby
adopted:
Appendix A: Rules for Sizing the Water Supply System;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix G: Graywater Systems;
Appendix I: Installation Standards;
Appendix K: Private Sewage Disposal Systems;
Appendix L: Alternate Plumbing Systems;
Section 16.20.020 to remain unchanged.
Repeal Section 16.20.030 in its entirety.
Findings: PEX piping requirements are included in the 2010 California Plumbing Code
and therefore no longer needs to be referenced in the Municipal Code.
Section 16.20.080 to remain unchanged.
Repeal Section 16.20.090 in its entirety.
Findings: This section was relocated to 16.20.015.
Section 16.20.100 to remain unchanged.
Section 16.20.110 to remain unchanged.
Section 16.20.120 to remain unchanged.
Section
16.24.010Code Adoption Adopted by reference.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.030 Condensate Wastes.
16.24.060 Board of Appeals.
16.24.070 Table No. 1-A – Mechanical Permit Fees Amended.
16.24.080 Violation - Penalty.
Amend Section 16.24.010 to read:
That certain code entitled “
California Mechanical Code 2007 Edition”as compiled
andpublished by the International Conference of Building Officials, one copy of which is
on file in the office of the Building Department for use and examination by the public,
excepting those provisions noted in this chapter, is adopted by reference.
The provisions of the 2010 California Mechanical Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth
in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
Add Section 16.24.015 to read:
No Appendix Chapters from the 2010 California Mechanical Code have been adopted.
Section 16.24.020 to remain unchanged.
Section 16.24.030 to remain unchanged.
Section 16.24.060 to remain unchanged.
Section 16.24.070 to remain unchanged.
Section 16.24.080 to remain unchanged.
Add this Chapter in its entirety:
The provisions of the 2010 California Energy Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth
in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
Add this Chapter in its entirety:
The provisions of the 2010 California Green Building Standards Code and each and
all of the regulations, provisions, conditions and terms of the code is referred to as if
fully set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official
pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
No Appendix Chapters from the 2010 California Green Building Standards Code
have been adopted.
Notwithstanding the provisions of this code, refer to the adopted City of Cupertino’s
Green Building Ordinance for additional sustainability requirements.
Add this Chapter in its entirety
Section
16.80.010 Intent
16.80.020 Application of Provisions
16.80.030 Definitions
16.80.040 Placards
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the Building Official
and his or her authorized representatives to post the appropriate placard at each entry
point to a building or structure upon completion of a safety assessment.
The provisions of this chapter are applicable to all buildings and structures of all
occupancies regulated by the City of Cupertino. The Council may extend the provisions
as necessary.
is a visual, non-destructive examination of a building or
structure for the purpose of determining the condition for continued occupancy.
The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached in Exhibit A.
(1)is to be posted on any building or
structure wherein no apparent structural hazard has been found. This placard is not
intended to mean that there is no damage to the building or structure.
(2)is to be posted on each building or structure that has been
damaged wherein the damage has resulted in some form of restriction to the continued
occupancy. The individual who posts this placard will note in general terms the type of
damage encountered and will clearly and concisely note the restrictions on continued
occupancy.
(3)is to be posted on each building or structure
that has been damaged such that continued occupancy poses a threat to life safety.
Buildings or structures posted with this placard shall not be entered under any
circumstance except as authorized in writing by the Building Official, or his or her
authorized representative. Safety assessment teams shall be authorized to enter these
buildings at any time. This placard is not to be used or considered as a demolition order.
The individual who posts this placard will note in general terms the type of damage
encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number
shall be permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the Building Official.
It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface
a placard unless authorized pursuant to this section.
Amend Section as specified:
Section
16.40.010CodeAdoption of the2007 California Fire Code and 2006 International Fire
Code.
16.04.015 Adoption of Appendix Chapters.
16.40.020 Administration
16.40.030 Establishment of limits of districts in which the storage of stationary tanks of
flammable cryogenic fluids are to be prohibited.
16.40.040 Establishment of limits of districts in which storage of Class I and II liquids in
outside aboveground tanks is prohibited.
16.40.050 Establishment of limits of districts in which storage of Class I and II liquids in
aboveground tanks is prohibited.
16.40.060 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
16.40.065 Permits.
16.40.070 Definitions.
16.40.080 General Precautions Against Fire.
16.40.090 Emergency Planning and Preparedness.
16.40.100 Use and Occupancy – Related Requirements.
16.40.110 FIRE SERVICE FEATURES
16.40.120 Fire Apparatus Access Roads.
16.40.130 Access to Buildings and Roofs.
16.40.140 HAZARDS TO FIREFIGHTERS
16.40.150 Emergency Responder Radio Coverage.
16.40.160 BUILDING SERVICE AND FEATURES
16.40.170Fuel Fired Appliances.
16.40.180 Electrical Equipment, Wiring and Hazards.
16.40.190 Stationary Storage Battery Systems.
16.40.195 Decorative Vegetation in New and Existing Buildings.
16.40.200 FIRE PROTECTION SYSTEMS
16.40.210 Automatic Sprinkler Systems.
16.40.220 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
16.40.225 Precautions Against Fire.
16.40.230 Setion 1411: Means of Egress.
16.40.240 SEMICONDUCTOR FABRICATION FACILITIES
16.40.250 Definitions.
16.40.260 Storage of Wood Chips and Hogged Material Associated with Timber and
Lumber Production Facilities.
16.40.270 Storage and Processing of Wood Chips, Hogged Materials, Fines, Compost
and Raw Product Associated with Yard Waste and Recycling Facilities.
16.40.280Tire rebuilding and storage.
16.40.290 HAZARDOUS MATERIALS
16.40.300 General.
16.40.310 Definitions.
16.40.320 General Requirements.
16.40.330 Storage.
16.40.340 Use, Dispensing and Handling.
16.40.350 CORROSIVE MATERIALS
16.40.360 Section 3102: Definitions.
16.40.370 Explosives and Fireworks.
16.40.380 FLAMMABLE AND COMBUSTIBLE LIQUIDS
16.40.390 Storage.
16.40.400 HIGHLY TOXIC AND TOXIC MATERIALS
16.40.410 General.
16.40.420 Definitions.
16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed Gases including
those used as Refrigerants.
16.40.440 Use.
16.40.460 Definitions.
16.40.470Fire protection plan.
16.40.475 Application.
16.40.480 Defensible Space.
16.40.490 Access.
16.40.500 Water Supply.
16.40.550Automatic fire sprinkler systems.
16.40.560 General Requirements For Suppression and Control.
16.40.570Permits.
16.40.580Section 105.1.5: Occupational permit fees.
16.40.590Section 105.6.8: Compressed gases.
16.40.600Section 105.6.10: Cryogenic fluids.
16.40.610Table 105.6.20.
16.40.620Section 105.6.48: Day care facility.
16.40.630Section 105.6.49: Institutional.
16.40.640Section 106.5: Final Inspection.
16.40.650 Ignition Source Control.
16.40.660 Outdoor Fires.
16.40.670 Liquified Petroleum Gas Installations.
16.40.680 Storage of Firewood and Combustible Materials.
16.40.690 Dumping.
16.40.700 Protection of Pumps and Water Storage Facilities.
Amend Section 16.40.010 to read:
There is hereby adopted by the City of Cupertino for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or explosion,
that certain code known as the 2007 California Fire Code and also the 2006
International Fire ode, including Appendix Chapters 1, 4, B and C2010 California Fire
Code and also the 2009 International Fire Code, including Appendix Chapters B, C and
J and the whole thereof, save and except such portions as are hereinafter deleted,
modified or amended by this ordinance, of which one copy has been filed for use and
examination by the public in the office of the City Building Official and the City Fire Chief
and the same adopted and incorporated as fully as if set out at length herein, and from
the date on which this ordinance shall take effect, the provision thereof shall be
controlling within the limits of the City of Cupertino.
(Ord. _____)
Add Section 16.40.015 to read:
The following Appendix Chapters from the 2010 California Fire Code are hereby
adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix J: Emergency Responder Radio Coverage.
(Ord. _____)
Fix grammatical errors for Section 16.40.020 to read:
Section 101.3.1 is added to read as follows:
The City Manager, through the powers vested by the City
Council, shall have the authority to delegate any and all responsibility for the
maintenance and enforcement of the provisions of this Code to whichever legal entity
he feels best serves the interests of the City.
Wherever the words “Chief,”“Fire Marshal, “fire code official,”“Fire Department,”
“Fire Prevention Bureau,” “Fire Chief,”“Chief”, “Fire Marshal”, “fire code official”, “Fire
Department”, “Fire Prevention Bureau”, “Fire Chief” and other such similar words are
used, they shall mean and refer to such legal entity designated by the City Manager of
Cupertino under the authority of the City Council of Cupertino.
Wherever the words “municipality,” “jurisdiction,”“municipality”, “jurisdiction” or “city”
are used, they shall mean the City of Cupertino.
Wherever the words “Executive Body” are used, they shall mean the City Council of
Cupertino.
Wherever the words “Administrator” or “Executive” are used, they shall mean the
City Manager of Cupertino.
Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall
mean the City Attorney of Cupertino.
Wherever the words “Board of Appeal” are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire
safety.
(Ord. ______)
Amend Section 16.40.030 to read:
The limits referred to in Section 3204.3.1.13506.2 of the California Fire Code in
which the storage of flammable cryogenic fluids in stationary containers is prohibited are
hereby established as all locations of the City of Cupertino which are residential and
congested commercial areas as determined by the fire code official.
(Ord. ______)
Keep Section 16.40.040 to read (unchanged):
The limits referred to in Section 3404.2.9.6.1 of the California Fire Code, in which the
storage of flammable or combustible liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino that are residential or
congested commercial areas as determined by the fire code official.
(Ord. ________)
Keep Section 16.40.050 to read (unchanged):
The limits referred to in Section 3406.2.4.4 of the California Fire Code, in which the
storage of flammable or combustible liquids in aboveground tanks is prohibited are
hereby established as all locations of the City of Cupertino that are residential or other
locations as determined by the fire code official.
(Ord. _____)
Keep Section 16.40.060 to read (unchanged):
The limits referred to in Section 3804.2 of the California Fire Code, in which storage
of liquefied petroleum gas is restricted, are hereby established as all locations of the
City of Cupertino that are residential or congested commercial areas.
LPG may be used for industrial operations or when natural gas would not provide a
viable substitute for LPG. Portable containers for temporary heating and/or cooking
uses may be permitted if stored and handled in accordance with this code. Facilities in
commercial areas for refueling portable or mobile LGP containers may be approved by
the fire code official on a case by case basis.
(Ord. _____)
Add Section 16.40.065 to read:
Section 105.1.4 is added to read as follows:
Construction permit fees and plan review fees
for fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid
to the Santa Clara County Fire Department in accordance with the following table based
on valuation. The valuation shall be limited to the value of the system for which the
permit is being issued. Plan review fees are 65% of the Permit Fee amount. For the
purposes of determining the total fee amount for each permit, the plan review fee shall
be added to the Permit Fee.
(Ord. _____)
TOTALPERMIT FEE
VALUATIONS
$1.00 TO $500.00 $23.50
$501.00 TO $23.50 for the first $500.00 plus $3.05 for
$2,000.00each additional $100.00, or fraction
thereof, to and including $2,000.00
$2001.00 TO $69.25 for the first $2,000.00 plus $14.00
$25,000.00for each additional $1,000.00 or fraction
thereof, to and including $25,000.00
$25,001.00 TO $391.25 for the first $25,000.00 plus
$50,000.00$10.10 for each additional $1,000.00, or
fraction thereof, to and including
$50,000.00
$50,001.00 TO $643.75 for the first $50,000.00 plus
$100,000.00$7.00 for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 to $993.75 for the first $100,000.00 plus
$500,000.00$5.60 for each additional $1,000.00, or
fraction thereof, to and including
$500,000.00
$500,001 to $3,233.75 for the first $500,000.00 plus
$1,000,000.00$4.75 for each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus
$3.15 for each additional $1,000.00, or
fraction thereof
Additional re-inspections, in connection with the permits
above, are to be paid at $30.00 for each occurrence at the
discretion of the fire code official.
Section 105.1.5 is added to read as follows:
Operational permit fees shall be paid to the Santa
Clara County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1.Institutional
A. Over 50 persons $100.00 – Annually
B. More than 6 persons$75.00 – Annually
2.Day Care Facilities
More than 6 clients $35.00 – Annually
3.Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4.Temporary Membrane $85.00 - Annually
Structures, Tents and
Canopies (Only those
requiring permits in
accordance with Section
105.6.43).
Section 105.6.8 is amended to read as follows:
An operational permit is required for the storage, use
or handling at normal temperature and pressure (NPT) of compressed gases in excess
of the amounts listed in Table 105.6.8, to install any piped distribution system for
compressed gases, or to install a non-flammable medical gas manifold system. A permit
is required to install, repair, abandon, remove, place temporarily out of service, close or
substantially modify a compressed gas system.
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
2. Routine maintenance.
3. For emergency repair work performed on an emergency basis, application for permit
shall be made within two working days of commencement of work.
4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling
facilities at least 30 days prior to the termination of the storage, use or handling of
compressed or liquefied gases. Such application shall include any change or alteration
of the facility closure plan. This 30-day period may be waived by the chief if there are
special circumstances requiring such waiver.
(Ord. ___________)
Amend Table 105.6.8 to read:
Corrosive 200
Flammable (except cryogenic and liquefied 200
petroleum gases)
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
ToxicAnyAmount
Unstable (reactive) Any amount
1
Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions.
2
Cubic feet measured at normal Temperature and pressure.
Section 105.6.10 is amended to read as follows:
An operational permit is required to produce, store
transport on site, use, handle or dispense cryogenic fluids in excess of the amounts
listed in Table 105.6.10 or to install a cryogenic vessel or piping system for the storage
or distribution of cryogens.
Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel
for propelling the vehicle or for refrigerating the lading.
(Ord. __________)
Table 105.6.20 is amended to read as follows:
TYPE OF MATERIAL AMOUNT
Combustible Liquids: See Section 105.6.16
Corrosive Materials:
GasesSee Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Cryogens:See Section 105.6.10
Explosive Materials: See Section 105.6.14
Flammable Materials:
GasesSee Section 105.6.8
Liquids See Section 105.6.16
Solids 10 pounds
Highly Toxic Materials:
GasesAny amount
Liquids Any amount
SolidsAny amount
Moderately Toxic Materials: 20 Cubic Feet
Organic Peroxides:
Liquids: Class I-IV Any Amount
Liquids: Class V No Permit Required
Solids: Class I-IV Any Amount
Solids: Class V No Permit Required
Oxidizing Materials:
Gases504 Cubic Feet
Liquids Any amount
Solids Any amount
Pyrophoric Materials:
GasesAny amount
Liquids Any amount
Solids Any amount
Toxic Materials:
GasesAny amount
Liquids Any amount
Solids Any amount
Unstable (Reactive) Materials:
GasesAny amount
Liquids Any amount
Solids Any amount
Water Reactive Materials:
Liquids Any amount
Solids Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with
Section 2703.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with
Section 2703.5 are provided for quantities of 200 gallons or less.
Section 105.6.48 is added to read as follows:
An operational permit is required to operate a business
as a day care facility for more than 6 people.
(Ord. ________)
Section 105.6.49 is added to read as follows:
A permit is required to operate, maintain, or use any
institutional type occupancy. For the purpose of this Section, an institution shall be, but
is not limited to: hospitals, children’s home, home or institution for insane or mentally
retarded persons, home or institution for the care of aged or senile persons, sanitarium,
nursing or convalescent home, certified family care homes, residential care homes for
the elderly, out of home placement facilities, halfway house, and day care nurseries or
similar facility of any capacity.
(Ord. ________)
Section 106.5 is added to read as follows:
No final inspection as to all or any portion of a development
shall be deemed completed until the installation of the required fire protection facilities
and access ways have been completed and approved. No final certificate of occupancy
may be granted until the Fire Department issues notice of final clearance of such fire
protection facilities and access ways to the Building Department.
(Ord. _________)
Delete Section 109.3:
(Ord. _________)
Amend Section 16.40.070 to read:
The following definitions are added:
is a substance that causes the development of cancerous growths in
living tissue. A chemical is considered a carcinogen if:
1.It has been evaluated by the International Agency for Research on Cancer and
found to be a carcinogen or potential carcinogen, or
2.It is listed as a carcinogen or potential carcinogen in the latest edition of the Annual
Report on Carcinogens published by the National Toxicology program, or
3.It is regulated by OSHA as a carcinogen.
Device is, for the purpose of Exhibit "A", an appliance or piece of equipment
that plays an active part in the proper functioning of the regulated systems. Examples
include, but are not limited to the following: smoke detectors, heat detectors, flame
detectors, manual pull stations, horns, alarms, bells, warning lights, hydrants, risers,
FDCs, standpipes, strobes, control panels, transponders, and other such equipment used
to detect, transmit, initiate, annunciate, alarm, or respond according to the system design
criteria.
is a hazardous material which affects target
organs of the body, including but not limited to, those materials which produce liver
damage, kidney damage, damage to the nervous system, act on the blood to decrease
hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities,
including mutations (chromosomal damage) or teratogens (effect on fetuses).
is a chemical that causes a substantial proportion of exposed people or
animals to develop an allergic reaction in normal tissue after repeated exposure to the
chemical.
is a defined space or independent principal piece of equipment
using hazardous materials where a specific function, laboratory procedure or research
activity occurs. Approved or listed hazardous materials storage cabinets, flammable
liquid storage cabinets or gas cabinets serving a workstation are included as part of the
workstation. A workstation is allowed to contain ventilation equipment, fire protection
devices, electrical devices, and other processing and scientific equipment.
Amend Section 16.40.080 to read:
The following sections are deleted:
Delete Section: .
Delete Section:
Delete Section:
Delete Section:
Delete Section:
Delete Section:
Add Section 316.6 to read:
Roof openings into interior courts that
are bounded on all sides by building walls shall be protected with guardrails. The top of
the guardrail shall not be less than 42 inches in height above the adjacent roof surface
that can be walked on. Intermediate rails shall be designed and spaced such that a 12-
inch diameter sphere cannot pass through.
Where the roof opening is greater than 600 square feet in area.
Amend Section 16.40.090 to read:
Amend Section 404.2 as follows:
An approved fire safety and evacuation plan shall be prepared
and maintained for the following occupancies and buildings.
1. Group A buildings having an occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more.
3. Group E: See §3.13 Title 19, CCR for regulations.
4. Group H.
5. Group I. See §3.09 Title 19, CCR for regulations.
6. Group R-1. See §3.09 Title 19, CCR for regulations.
7. Group R-2 college and university buildings.
8. Group R-4.
89.Group M buildings having an occupant load of 500 or more persons.
9.10.Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
10.11. Underground buildings.
Amend Section 404.3.1 as follows:
Fire evacuation plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to
be complete or, where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required, sounds and looks like (audible and
visual warning devices).
3. Procedures for employees who must remain to operate critical equipment before
evacuating.
4. Procedures for accounting for employees and occupants after evacuation has
been completed.
5. Identification and assignment of personnel responsible for rescue or emergency
medical aid.
6. The preferred and any alternative means of notifying occupants of a fire or
emergency.
7. The preferred and any alternative means of reporting fires and other
emergencies to the fire department or designated emergency response
organization.
8. Identification and assignment of personnel who can be contacted for further
information or explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone
and preprogrammed voice messages, where provided.
Amend Table 405.2 as follows:
Group AQuarterlyEmployees
a
Group BAnnuallyEmployees
Group ESee §3.13 Title 19, CCR
Group ISee §3.13 Title 19, CCR
Group R-1See §3.13 Title 19, CCR
b
Group R-2Four annuallyAll occupants
c
High-rise buildingsSee Title 19, Cal. Code Regs. §3.09
a. Group B buildings having an occupant load of 500 or more persons.
b. Applicable to Group R-2 college and university buildings only
c. Applicable to high-rise office buildings only.
Amend Section 16.40.100 to read:
Section 408.2.2 is deleted:
Section 408.3.1 is deleted:
Section 408.3.2 is deleted:
Section 408.3.3 is deleted:
Section 408.3.4 is deleted:
Section 408.5.1 is deleted:
Section 408.5.2 is deleted:
Section 408.5.3 is deleted:
Section 408.5.4 is deleted:
Section 408.5.5 is deleted:
Section 408.6 is deleted:
Section 408.6.1 is deleted:
Section 408.6.2 is deleted:
Section 408.7 is deleted:
Section 408.7.1 is deleted:
Section 408.7.2 is deleted:
Section 408.7.3 is deleted:
Section 408.7.4 is deleted:
Section 408.8 is deleted:
Section 408.8.1 is deleted:
Section 408.8.2 is deleted:
Section 408.8.3 is deleted:
Amend Section 408.9 to read:
Group R-2 occupancies shall comply with the
requirements of Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group
R-2 college and university buildings shall comply with the requirements of Sections
408.9.1 through 408.9.6 and Sections 401 through 406.
Add Section 408.9.4 to read:
The first emergency evacuation drill of
each school year shall be conducted within 10 days of the beginning of classes.
Add Section 408.9.5 to read:
Emergency evacuation drills shall be conducted at different
hours of the day or evening, during the changing of classes, when the school is at
assembly, during the recess or gymnastic periods, or during other times to avoid
distinction between drills and actual fires. In Group R2 college and university buildings,
one required drill shall be held during hours after sunset or before sunrise.
Section 408.10 is deleted:
Section 408.10.1 is deleted:
Section 408.10.2 is deleted:
Section 408.10.3 is deleted:
Section 408.10.4 is deleted:
Section 408.10.5 is deleted:
Amend Section 408.11.1.2 to read:
The lease plans shall be revised annually or as often as
necessary to keep them current.
Amend Section 16.40.120 to read:
Amend Section 503.1 as follows:
Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.2 and as per Fire
Department access road Standards
Amend Section 503.1.1 as follows:
Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road shall comply with
the requirements of this section and shall extend within 150 feet (45,720 mm) of all
portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility.
1. When the building is equipped throughout with an approved automatic sprinkler
installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the
dimension may be increased to 300 feet.
2. When fire apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means of
fire protection shall be provided.
Amend Section 503.2.1 as follows:
Fire apparatus access roads shall have an unobstructed width
of not less than 20 feet (6096 mm), except for approved security gates in accordance
with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115
mm).
When there are not more than two Group R, Division 3, or Group U occupancies, the
access road width may be modified by the fire code official.
Add Section 503.7 as follows:
Traffic Calming Devices such as speed humps,
traffic circles or other physical measures intended to control vehicle speed on fire
apparatus access roads are prohibited unless approved by the fire code official.
Amend Section 16.40.130 to read:
Add Section 504.4 to read:
When access control devices including bars,
grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to the building, are installed, such devices shall be
approved by the fire code official. All electrically powered access control devices shall
be provided with an approved means for deactivation or unlocking from a single location
or otherwise approved by the fire department.
Access control devices shall also comply with Chapter 10 Egress.
Add Section 507.4 to read:
Roof openings into interior courts that
are bounded on all sides by building walls shall be protected with guardrails. The top of
the guardrail shall not be less than 42 inches in height above the adjacent roof surface
that can be walked on. Intermediate rails shall be designed and spaced such that a 12-
inch diameter sphere cannot pass through.
Where the roof opening is greater than 600 square feet in area.
Add Section 511.1 to read:
In new buildings, or buildings
expanded by more than 20%, or buildings in which a change in occupancy classification
occurs where adequate interior emergency radio communication is not possible, a
system or equipment that will provide emergency radio coverage acceptable to the fire
code official shall be installed.
Amend Section 510.1 to read follows:
All buildings shall have
approved radio coverage for emergency responders within the building based upon the
existing coverage levels of the public safety communications system of the jurisdiction
at the exterior of the building. This section shall not require improvement of the existing
public safety communications system. Emergency responder radio coverage systems
shall be installed in accordance with Section 510 and Appendix J.
Add Section 510.1.1 as follows:
When in the opinion of the fire code official,
a new structure obstructs the line of sight emergency radio communications to existing
buildings or to any other locations, the developer of the structure shall provide and
install the radio retransmission equipment necessary to restore communications
capabilities. The equipment shall be located in an approved space or area within the
new structure.
Delete Section 16.40.170 in its entirety.
Keep Section 16.40.180 to read (unchanged).
Add Section 605.11 to read:
All electrical immersion heaters used in dip tanks,
sinks, vats and similar operations shall be provided with approved over-temperature
controls and low liquid level electrical disconnects. Manual reset of required protection
devices shall be provided.
Amend Section 16.40.190 to read:
Add Section 608.6.3608.6.4 to read:
Failure of the ventilation system
shall automatically disengage the charging system.
Add Section 16.40.195 to read:
Amend Section 806.1.1 as follows:
The display of Christmas trees and other
decorative vegetation in new and existing buildings shall be in accordance with the
California Code of Regulations, Title 19, Division 1, §3.08 and Sections 806.1 through
806.5.
Amend Section 16.40.210 to read:
Amend Section 903.2 to read:
Approved automatic sprinkler systems in new buildings and
structures and in existing modified buildings and structures, shall be provided in the
locations described in this section. Automatic fire sprinklers shall be installed per the
requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever
is the more restrictive:
1.An automatic sprinkler system shall be provided throughout all new buildings that
have a gross floor area in excess of 3,600 square feet or that are three (3) or more
stories in height.
2.An automatic sprinkler system shall be provided throughout all existing buildings
when modifications are made that increases the gross floor area to more than 3,600
square feet or increases the number of stories to three (3) or more.
One-time additions to existing buildings made after 01/01/2008that do
not exceed 500 square feet in gross floor area.
3.An automatic sprinkler system shall be provided throughout all new buildings located
in the designated Wildland-Urban Interface areas.
Any non-habitable structures accessory to single family residences that
have a gross floor area of 500 square feet or less.
4.An automatic sprinkler system shall be provided throughout all existing buildings
located in the designated Wildland-Urban Interface areas when modifications are
made that increases the gross floor area.
One-time additions to existing buildings made after01/01/2008 that do
not exceed 500 square feet in gross floor area.
Delete Exception #1 to 903.2
Amend section 903.3 as follows:
Automatic sprinkler systems shall be designed
and installed in accordance with Sections 903.3.1 through 903.3.7 and Fire Department
Standards.
Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or in
Sections 903.2.1 through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without
openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and
structures.
1. Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not
exceed 1,000 square feet of building area and that are not located in the
Wildland-Urban Interface Fire Area.
2. Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that are
located in the Wildland-Urban Interface Fire Area and do not exceed 500 square
feet of building area.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures when alterations or additions are made that create conditions described in
Sections 903.2.1 through 903.2.18.
3. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than
3,600 square feet.
A one-time addition to an existing building that does not total more than 1000 square
feet of building area.
4. An automatic sprinkler system shall be provided throughout all new basements
regardless of size and throughout existing basements that are expanded by more
than 50%.
Amend Section 903.3.1.1 to read:
Where the provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section, sprinklers shall be installed throughout in
accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local
standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2.
Amend Section 903.3.1.2 to read:
Where allowed in buildings of Group R,
up to and including four stories in height , automatic sprinkler systems shall be installed
throughout in accordance with NFPA 13R and local standards.
Amend Section 903.3.1.3 to read:
Where allowed, automatic sprinkler
systems installed in one-and two-family dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D and local standards.
Amend Section 912.2 to read:
With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that fire apparatus and hose connected to
supply the system will not obstruct access to the building for other fire apparatus. The
location of fire department connections shall be approved by the fire code official.
Add Section 16.40.225 to read:
Add Section 1404.8 to read:
When firewalls are required, the wall construction shall be
completed (with all openings protected) immediately after the building is sufficiently
weather-protected at the location of the wall(s).
Amend Section 16.40.230 to read:
Amend Section 1411.1 as follows:
Each level above the first story in new multi-story
buildings that require two exit stairways shall be provided with at least two usable exit
stairways after the floor decking is installed. The stairways shall be continuous and
discharge to grade level. Stairways serving more than two floor levels shall be enclosed
(with openings adequately protected) after exterior walls/windows are in place. Exit
stairs in new and in existing, occupied buildings shall be lighted and maintained clear of
debris and construction materials at all times.
For new multi-story buildings, one of the required exit stairs may be obstructed on not
more than two contiguous floor levels for the purposes of stairway construction (i.e.,
installation of gypsum board, painting, flooring, etc.).
Add Section 1411.1.1 to read:
All new buildings under construction
shall have at least one unobstructed means of egress. All means of egress shall be
identified in the Fire Protection prefire plan. See Section 1408.2.
Keep Section 16.40.250 to read (unchanged):
Amend the following definition to read:
An approved 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 30 minutes. In occupied areas where air is re-circulated and
not exhausted to a treatment system (e.g. breathing zone), the Chief may require a
cyclical basis at intervals not to exceed 5 minutes. The gas detection system shall be
able to detect the presence of a gas at or below the permissible exposure limit in
occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no established IDLH) in
unoccupiable areas.
Delete Definition: Workstation.
Add Title (underlined)
Keep Section 16.40.260 to read (unchanged):
Add Section 1907.6 to read:
An approved fire protection water
supply and hydrant system suitable for the fire hazard involved shall be provided for
open storage yards and processing areas. Hydrant systems shall be installed in
accordance with NFPA 24.
Keep Section 16.40.270 to read (unchanged):
Add Section 1908.11 to read:
An approved fire protection water
supply and hydrant system suitable for the fire hazard involved shall be provided for
open storage yards and processing areas. Hydrant systems shall be installed in
accordance with NFPA 24.
Delete Section 16.40.280 in its entirety:
Keep Section 16.40.300 to read (unchanged):
Amend Section 2701.2.2.2 to read:
The material categories listed in this section are
classified as health hazards.A material with a primary classification as a health hazard
can also pose a physical hazard.
1. Highly toxic, toxic and moderately toxic.
2. Corrosive materials.
3. Other health hazards including carcinogens, irritants and sensitizers.
Keep Section 16.40.310 to read (unchanged):
Amend the following definition to read:
Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably
necessary to ensure detection and remedy of the primary containment failure.
Amend Section 16.40.310 to read:
Add Section 2703.1.3.1 to read:
The storage, use and handling oftoxic, highly toxic and moderately
toxic gases in amounts exceeding Table 3704.2 or 3704.3 shall be in accordance with
this chapter and Chapter 37. Any toxic, highly toxic or moderately toxic material that is
used or handled as a gas or vapor shall be in accordance with the requirements for
toxic, highly toxic or moderately toxic gases.
Add Section 2703.1.5 to read:
A containment system shall be
required for all hazardous materials, which are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such
an event would endanger, people, property or the environment. Construction shall be
substantial, capable of safely and securely containing a sudden release without
discharge. Design criteria shall be performance oriented and constructed of physically
and chemically 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.Monitoring of secondary containment shall
be accordance with Section 2704.2.2.5.
The storage, use and handling ofmaterials classified as other health hazards including
carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55
gallons for liquids and 5,000 pounds for solids shall be in accordance with this Section
2703.
Add Section 2703.1.6 to read:
A containment system shall be
required for all hazardous materials, which are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such
an event would endanger people, property or the environment. Construction shall be
substantial, capable of safely and securely containing a sudden release without
discharge. Design criteria shall be performance oriented and constructed of physically
and chemically 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. Regardless of quantities, secondary
containment for outdoor storage areas shall also comply with Section 2704.2.2.4.
Monitoring of secondary containment shall be accordance with Section 2704.2.2.5.
Amend Sec. 2703.2.2.1 to read:
Piping, tubing, valves, fittings and related
components used for hazardous 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 material to be contained and shall be
of adequate strength and durability to withstand the pressure, structural and seismic
stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe
emergency shutoff valves shall be installed on supply piping and tubing at the
following locations:
1. The point of use.
2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible accessible
and indicated by means of a sign.
5. 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.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection,
emergency shutoff and excess flow control shall be provided. Where the piping
originates from within a hazardous material storage room or area, the excess flow
control shall be located within the storage room or area. Where the piping originates
from a bulk source, the excess flow control shall be located as close to the bulk
source as practical.
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills shall be provided for
piping for liquid hazardous materials and for highly toxic and toxic corrosive gases
above threshold quantities listed in Tables 3704.2 and 3704.3. Secondary
containment includes, but is not limited to double walled piping.
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm
and fail-safe-to-close valve activated by a loss of vacuum.
8. 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.
Amend Section 2703.2.2.2 to read:
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile
corrosive liquids and gases shall have welded or brazed connections throughout
except for connections within an exhausted enclosure if the material is a gas, or an
approved method of drainage or containment is provided for connections if the
material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means
of egress required to be enclosed in fire-resistance-rated construction or in
concealed spaces in areas not classified as Group H Occupancies.
Piping and tubing within the space defined by the walls of corridors and the floor or
roof above or in concealed space above other occupancies when installed in
accordance with Section 415.8.6.3 of the California Building Code as required for
Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally recognized standard. Tests shall
be conducted by a qualified "third party" not involved with the construction of the
piping and control systems.
Amend Section 2703.3.1 as follows:
When hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is release or
a threatened release that presents a threat to health, property or the environment, the
fire code official shall be notified immediately in an approved mannerand the following
procedures required in accordance with Sections 2703.3.1.1 through 2703.3.1.4.
Add Sec. 2703.5.2 to read:
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.
Add Sec. 2703.5.3 to read:
In "H" occupancies, all piping and tubing may be
required to be identified when there is any possibility of confusion with hazardous
materials transport tubing or piping. Flow direction indicators are required.
Amend Section 2703.9.8 to read:
Incompatible materials in storage
and storage of materials that are incompatible with materials in use shall be separated.
When the stored materials are in containers having a capacity of more than 5 pounds (2
kg) or 0,5 gallon (2 L), separation shall be accomplished by:
1. Segregating incompatible materials in storage by a distance of not less than 20 feet
(6096 mm) and in an independent containment system.
2. Isolating incompatible materials in storage by a noncombustible partition extending
not less than 18 inches (457 mm) above and to the sides of the stored material.
3. Storing liquid and solid materials in hazardous material storage cabinets.
4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance
with Sections 2703.8.5 and 2703.8.6. Materials that are incompatible shall not be
stored within the same cabinet or exhausted enclosure.
Add Sec. 2703.9.10 2703.9.11 to read:
Combustible and non-combustible
workstations, which dispense, handle or use hazardous materials, shall be protected by
an approved automatic fire extinguishing system in accordance with Section 1803.10.
Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI
certification where quantities of flammable liquids in use or storage within the cabinet do
not exceed 500ml.
Keep Section 16.40.330 to read (unchanged):
Amend Section 2704.2.1 as follows:
Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest
single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised
or recessed sills or dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible
with the material stored. When liquid-tight sills or dikes are provided, they are not
required at perimeter openings having an open-grate trench across the opening that
connects to an approved collection system.
Amend Section 2704.2.2 as follows:
Buildings, rooms or areas used for the storage of hazardous materials liquids or solids
shall be provided with secondary containment in accordance with this section.
Delete Table:
Keep Section 16.40.340 to read (unchanged):
Amend Sec. 2705.4.4 to read:
When hazardous materials having a hazard ranking of
3 or 4 in accordance with NFPA 704, or toxic gases exceeding 10 cu. ft. and any
amount of highly toxic compressed gases are transported through corridors or exit
enclosures, there shall be an emergency telephone system, a local manual alarm
station or an approved alarm-initiating device at not more than 150-foot (45,720 mm)
intervals and at each exit and exit-access doorway throughout the transport route. The
signal shall be relayed to an approved central, proprietary or remote station service or
constantly attended on-site location and shall also initiate a local audible alarm.
Amend Section 16.40.360 to read:
Add the following definition to read:
Corrosive liquid is a liquid which, when in contact with living
tissue, will cause destruction or irreversible alteration of such tissue by chemical action.
Examples include acidic, alkaline or caustic materials. Such material will be considered
corrosive when the Ph is 2 or less or 12.5 or more, except for foodstuffs or medicine.
Included are Department of Transportation and Title 22, California Code of Regulations,
66261.22 classed corrosives.
Amend Section 16.40.370 as follows:
Amend Section 3301.1 to read:
. For explosives requirements see Title 19 California Code of
Regulations, Title 19, Division 1, Chapter 10 and Section 3301.1.1 3301.2 of this
Chapter. For fireworks requirements see Title 19 California Code of Regulations, Title
19, Division 1, Chapter 6 and Section 3301.1.2 3301.3 of this Chapter. For small arms
ammunition, see Section 3301.5 of this chapter.
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3.The possession, storage and use of small arms ammunition when packaged in
accordance with DOTn packaging requirements.
4.3. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
4. Items preempted by federal regulations.
Add Section 3301.1.1 to read:
The possession, manufacture, storage, sale, handling, and
use of explosives are prohibited.
1.Possession, storage, handling and use of explosives for test and research purposes
is allowed with permit and approval of the fire code official.
2.Possession, storage, handling and use of squibs, explosive nuts or bolts and
similar small quantity explosive devices is allowed with permit and approval of the fire
codeofficial.
Add Section 3301.1.2 to read:
The possession, manufacture, storage, sale, handling, and use
of fireworks, including those fireworks classified as Safe and Sane by the California
State Fire Marshal, are prohibited.
1.Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture,
television,theatrical and group entertainment productions when handled and used
by a licensed pyrotechnic operator in accordance with Title 19 of the California Code
of Regulations and permitted in accordance with this Chapter.
2.Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings, equipped throughout with an approved fire sprinkler system, when used
for proximate audience displays or special effects in theatrical, television, motion
picture and group entertainment productions and when handled and used by a
licensed pyrotechnic operator in accordance with Title 19 of the California Code of
Regulations and permitted in accordance with this Chapter.
Add Section 3301.1.3 to read:
The storage, handling, and use of model rockets shall be
in accordance with Title 19 of the California Code of Regulations and as approved by
the fire code official.
Add Section 3301.2 is to read:
The possession, manufacture, storage, sale, handling, and use
of explosives are prohibited.
Add Section 3301.3 is to read:
The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception:
1. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions and when in accordance
with Title 19 of the California Code of Regulations.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings
when used for proximate audience displays or special effects in theatrical, television,
motion picture and group entertainment productions when in accordance with Title
19 of the California Code of Regulations and when in buildings equipped throughout
with an approved fire sprinkler system.
Add Section 3301.4 is to read:
. The storage, handling, and use of model rockets shall be in
accordance with Title 19 of the California Code of Regulations and as approved by the
Fire Code Official.
Add Sections 3301.5 through 3301.5.3.2.3 to read:
Indoor storage and display of black
powder, smokeless propellants and small arms ammunition shall comply with Sections
3301.5.1 through 3301.5.4.2.3.
Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
The bulk repackaging of smokeless
propellants, black powder and small arms primers shall not
be performed in retail establishments.
Damaged containers shall not be repackaged.
Approved repackaging of damaged containers of smokeless propellant into containers
of the same type and size as the original container.
The storage of small arms ammunition
in Group R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
Smokeless propellants intended for personal
use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-
3 occupancies where kept in original containers. Smokeless powder in quantities
exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be
stored in Group R-3 occupancies where kept in a wooden box or cabinet having walls of
at least 1 inch (25 mm) nominal thickness.
Black powder intended for personal use in quantities not
exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where
kept in original containers and stored in a wooden box or cabinet having walls of at least
1 inch (25 mm) nominal thickness
No more than 10,000 small arms primers shall be
stored in Group R-3 occupancies.
The display and storage
of small arms ammunition in Group M occupancies shall comply with Sections
3301.5.3.1 through 3301.5.3.2.3.
The display of small arms ammunition in Group M occupancies
shall comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
No more than 20 pounds (9 kg) of smokeless
propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be
displayed in Group M occupancies.
. No more than 1 pound (0.454 kg) of black powder shall
be displayed in Group M occupancies.
No more than 10,000 small arms primers shall
be displayed in Group M occupancies.
The storageof small arms ammunition in Group M occupancies
shall comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3.
Commercial stocks of smokeless
propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable
wooden boxes having walls of at least 1 inch (25 mm) nominal thickness.
Commercial stocks of black powder not on display
shall not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine.
When black powder and smokeless propellants are stored together in the same
magazine, the total quantity shall not exceed that permitted for black powder.
Commercial stocks of small arms primers not on
display shall not exceed 750,000. Storage shall be arranged such that not more than
100,000 small arms primers are stored in any one pile and piles are at least 15 feet
(4572 mm) apart.
Amend Section 16.40.390 as follows:
Amend section 3404.2.7.5.8 to read:
. An approved means or method in accordance
with Section 3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and
IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated
by Sections 3406.4 or 3406.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be
provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-
burning equipment inside buildings.
Add section 3404.2.7.5.9 to read:
Systems that automatically fill flammable
or combustible liquid tanks shall be equipped with overfill protection, approved by the
fire code official, that sends an alarm signal to a constantly attended location and
immediately stops the filling of the tank. The alarm signal and automatic shutoff shall
be tested on an annual basis and records of such testing shall be maintained on-site for
a period of five (5) years.
Keep Section 16.40.410 to read (unchanged):
Add Sec. 3701.3 to read:
Notwithstanding the hazard class definition in Section 3702, moderately
toxic gases with an LC50 less than 3000 parts per million shall additionally comply with
the requirements for toxic gases in Section 3704 of this code.
Amend Section 16.40.420 as follows:
The following definitions are added to read:
Moderately toxic gas is a chemical or substance that
has a median lethal concentration (LC50) in air more than 2000 parts per million but not
more than 5000 parts per million by volume of gas or vapor, when administered by
continuous inhalation for an hour, or less if death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
.Maximum Threshold Quantity
(Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be
stored in a single vessel before a more stringent category of regulation is applied. The
following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
Gas Mixtures, the LC50 value for a gas mixture containing toxic, highly toxic or
moderately toxic components shall be calculated using the formula in Appendix E,
Section 103.1.3.1.
Amend Sec. 3704 to read:
For gas mixtures containing one or more toxic, highly toxic or moderately toxic
components, the LC50 shall be calculated using CGA Standards P-20 and P-23 as
referenced in Appendix E, Section 103.1.3.1.
Amend Sec. 16.40.430 to read:
Add Sec. 3704.1.4 to read:
An automatic shut-off valve, which is of a fail-
safe to close design, shall be provided to shut off the supply of highly toxic gases for
any of the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
Add Sec. 3704.1.5 to read:
. Signals from emergency equipment used for
highly toxic gases shall be transmitted to an emergency control station or other
approved monitoring station, which is continually staffed by trained personnel.
Add Sec. 3704.1.6 to read:
Toxic gases stored or used in quantities
exceeding the maximum threshold quantity in a single vessel per control area or
outdoor control area shall comply with the additional requirements for highly toxic gases
of Section 3704 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum
threshold quantity. in a single vessel per control area or outdoor control area shall
comply with the additional requirements for toxic gases of Section 3704 of this code
Add Section 3704.1.7 to read:
All containers of materials other than lecture bottles
containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall
be equipped with a reduced flow valve when available. If a reduced flow valve is not
available, the container shall be used with a flow-limiting device. All flow limiting devices
shall be part of the valve assembly and visible to the eye when possible; otherwise, they
shall be installed as close as possible to the cylinder source.
Add Section 3704.1.8 to read:
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.
Add Section 3704.1.9 to read:
3704.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and
use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler
system in accordance with NFPA 13. The design of the sprinkler system for any room or area
where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in
accordance with Section 2704.5.
Add Section 3704.1.10 to read:
Manual activation controls shall be provided at
locations near the point of use and near the source, as approved by the fire code
official. The fire code official 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 a fail-safe-to-close design.
Add Section 3704.1.11 to read:
3704.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding
threshold quantities, a continuous monitoring system shall be provided to assure that the
required exhaust ventilation rate is maintained. The monitoring system shall initiate a local
alarm. The alarm shall be both visual and audible and shall be designed to provide warning both
inside and outside of the interior storage, use, or handling area.
Add Section 3704.1.12 to read:
3704.1.12 Emergency Response Plan. If the preparation of an emergency response plan for
the facility is not required by any other law, responsible persons shall prepare, or cause to be
prepared, and filed with the fire code official, a written emergency response plan. If the
preparation of an emergency response plan is required by other law, a responsible person shall
file a copy of the plan with the Fire Chief.
Add Section 3704.1.13 to read:
3704.1.13 Emergency Response Team. Responsible persons shall be designated the on-site
emergency response team and trained to be liaison personnel for the Fire Department. These
persons shall aid the Fire Department in preplanning emergency responses, identifying locations
where regulated materials are stored, handled and used, and be familiar with the chemical
nature of such material. An adequate number of personnel for each work shift shall be
designated.
Add Section 3704.1.14 to read:
3704.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall
be conducted on a regular basis but not less than once every three months. Records of drills
conducted shall be maintained.
Add section 3704.1.15 to read:
3704.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon
delivery and again immediately prior to departure. Testing shall be approved by the fire code
official in accordance with appropriate nationally recognized industry standards and practices,
if any. Appropriate remedial action shall be immediately undertaken when leaks are detected
Add Sec. 3704.1.16to read:
3704.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas
purge systems. A dedicated inert gas purge system may be used to purge more than one gas,
provided the gases are compatible. Purge gas systems inside buildings shall be located in an
approved gas cabinet unless the system operates by vacuum demand.
Add Sec. 3704.1.17 to read:
3704.1.17Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe
to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic
gases with an LC less than 3000 parts per million upon a seismic event within 5 seconds of a
50
2
horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec) and a period of
0.4 seconds.
Amend Section 3704.2 to read:
The indoor storage or use of highly toxic, toxic
and moderately toxic compressed gases shall be in accordance with Sections 3704.2.1
through 3704.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately
toxic gases for indoor storage and use are set forth in Table 3704.2.
Add Table 3704.2 to read:
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
Amend Section 3704.2.1 to read:
The applicability of regulations governing the indoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set
forth in Sections 3704.2.1.1 through 3704.2.1.3.
Amend Sec. 3704.2.1.1 to read:
The indoor storage or use of highly toxic, toxic and moderately toxic
gases in amounts exceeding the maximum allowable quantity per control area set forth
in Table 3704.2 shall be in accordance with Sections 2701, 2703, 3701, and 3704.1 and
3704.2,
Amend Sec. 3704.2.2 to read:
3704.2.2 General Indoor Requirements. The general requirements applicable to the indoor
storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections
3704.2.2.1 through 3704.2.2.10.3.
Moderately toxic gases with an LC less than 3000 parts per million shall comply with the
50
requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.10.3
All other moderately toxic gases exceeding the threshold quantity shall comply with
the requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.7.
Amend Sec. 3704.2.2.7 to read:
The exhaust ventilation from gas cabinets,
exhausted enclosures, gas rooms and local exhaust systems required in Section
3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment system. The treatment
system shall be utilized to handle the accidental release of gas and to process exhaust
ventilation. The treatment system shall be designed in accordance with Sections
3704.2.2.7.1 through 3704.2.2.7.5 and Section 505 of the California Mechanical Code.
1.Highly toxic, toxic and moderately toxic gases storage. A treatment system is not required
for cylinders, containers and tanks in storage when all of the following are provided:
1.1. Valve outlets are equipped with gas-tight outlet plug or caps.
1.2. Hand wheel-operated valves have handles secured to prevent movement.
1.3. Approved containment vessels or containment systems are provided in
accordance with Section 3704.2.2.3.
Amend 3704.2.2.10.1 to read:
3704.2.2.10.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to a constantly attended control station when a short-term hazard condition is detected.
The alarm shall be both visual and audible and shall provide warning both inside and outside
the area where the gas is detected. The audible alarm shall be distinct from all other alarms.
Exception Deleted
Amend Section 3704.3 to read:
The outdoor storage or use of highly toxic, toxic
and moderately toxic compressed gases shall be in accordance with Sections 3704.3.1
through 3704.3.4. The threshold quantity for highly toxic, toxic and moderately toxic
gases for outdoor storage and use are set forth in Table 3704.3.
Add Table 3704.3 to read:
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
Amend Section 3704.3.1 to read:
3704.3.1 Applicability. The applicability of regulations governing the outdoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections
3704.3.1.1 through 3704.3.1.3.
Amend Section 3704.3.1.1
3704.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control Area.
The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold
quantity per control area set forth in Table 3704.3 shall be in accordance with Sections 2701,
2703, 3701, 3704.1, and 3704.3.
Moderately toxic gases with an LC50 less than 3000 parts per million in amounts exceeding
the threshold quantity in Table 3704.3 shall comply with the requirements for toxic gases in
Sections 2701, 2703, 3701, 3704.1 and 3704.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 3704.3 shall
comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1 and
3704.3.2.1 through 3704.3.2.5.
Amend Section 3704.3.3 to read:
3704.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders. Weather
protection in accordance with Section 2704.13 and this section shall be provided for portable
tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The
storage area shall be equipped with an approved automatic sprinkler system in accordance with
Section 2704.5.
Exceptions Deleted
Add Section 16.40.440 as follows:
Add Section 4105.3.1 to read:
Silane distribution
systems shall automatically shut down at the source upon activation of the gas
detection system at levels above the alarm level and/or failure of the ventilation system
for the silane distribution system.
Amend Section 16.40.460 as follows:
Amend Section 4902 as follows:
Amend definition of Wildland-Urban Interface Fire Area as follows:
is a geographical area identified by the state as a
“Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Sections 51175 through 51189, or other
areas designated by the enforcing agency to be at a significant risk from wildfires. See
Article 86B for the applicable referenced sections of the Government Code and the
Public Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all
areas within the City of Cupertino as set forth and delineated on the map entitled
"Wildland-Urban Interface Fire Area” which map and all notations, references, data and
other information shown thereon are hereby adopted and made a part of this chapter.
The map properly attested, shall be on file in the Office of the City Clerk of the City of
Cupertino.
Relocate Section 16.40.470 to Section 16.40.485:
Add Section 16.40.475 as follows:
Amend Section 4906.2 to read:
. Buildings and structures located in the following areas shall
maintain the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban
Intereface Fire Area by the City of Cupertino.
Amend Section 16.40.480 as follows:
Add Section 4707.1 to read:
Persons owning, leasing, controlling, operating or maintaining
buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area and
persons owning, leasing or controlling land adjacent to such buildings or structures,
shall at all times:
Amend Section 4907.1 to read:
Defensible space will be maintained around all buildings and
structures in Sate Responsibility Area (SRA) as required in Public Resources Code
4290 and “SRA Fire Safe Regulations” California Code of Regulations, Title 14, Division
1.5, Chapter 7, Subchapter 2, Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government
Code 51175 – 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures
in the locally adopted Wildland-Urban Interface Fire Area but that are not within the
Very-High Fire Hazard Severity Zone and persons owning, leasing or controlling land
adjacent to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Single specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire from the
native growth to any structure.
2. Maintain additional effective defensible space by removing brush,
flammable vegetation and combustible growth located 30 feet to 100 feet
(9144 mm to 30480 mm) when required by the fire code official due to
steepness of terrain or other conditions that would cause a defensible
space of only 30 feet (9144 mm) to be insufficient.
Grass and other vegetation located more than 30 feet (9144 mm) from buildings or
structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of
a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
Add Section 4907.2 to read:
The executive body is authorized to instruct the fire
code official to give notice to the owner of the property upon which conditions regulated
by Section 4907.1 exist to correct such conditions. If the owner fails to correct such
conditions, the executive body is authorized to cause the same to be done and make
the expense of such correction a lien upon the property where such condition exists.
Add Section 16.40.485 as follows:
Add Section 4908 to read:
When required by the code official, a fire protection plan shall be
prepared.
The plan shall be based upon a site-specific wildfire risk
assessment that includes considerations of location, topography, aspect, flammable
vegetation, climatic conditions and fire history. The plan shall address water supply,
access, building ignition and fire-resistance factors, fire protection systems and
equipment, defensible space and vegetation management.
The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
The fire protection plan shall be retained by the fire code
official.
Amend Section 16.40.490 as follows:
Add Section 4714.1 to read:
Buildings and structures, or portions thereof, hereafter constructed
orrelocated into or within wildland-urban interface areas shall be provided with fire
apparatus access in accordance with this chapter.
Add Section 4714.2 to read:
Driveways with an all-weather surface shall be provided when
any portion of an exterior wall of the first story of a building is located more than 150
feet (45 720 mm) from a fire apparatus access road. Driveways shall provide a
minimum unobstructed width of 12 feet (3658 mm) and a minimum unobstructed height
of 13 feet 6 inches (4115 mm). Driveways in excess of 150 feet (45 720 mm) in length
shall be provided with turnarounds.Driveways in excess of 200 feet (60 960 mm) in
length and less than 20 feet (6096 mm) in width shall be provided with turnouts in
addition to turnarounds. An all-weather surface shall be any surface material acceptable
to the code official.
Add Section 4909 to read:
Buildings and structures, or portions thereof, hereafter constructed
or relocated into or within the Wildland-Urban Interface Fire Area shall be provided with
fire apparatus access in accordance with Chapter 5 and Section 4909.2.
Driveways in excess of 150 feet (45 720 mm) in length shall be
provided with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and
less than 20 feet (6096 mm) in width shall be provided with turnouts in addition to
turnarounds. An all-weather surface shall be any surface material acceptable to the
code official.
A driveway shall not serve in excess of two dwelling units.
When such driveways meet the requirements for an access road in accordance with this
chapter.
Driveway turnarounds shall be in accordance with Fire Department Standards.
Driveways that connect with a road or roads at more than one point may be considered
as having a turnaround if all changes of direction meet the radii requirements for
driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm)
wide and 30 feet (9144 mm) long. Driveway turnouts shall be located as required by the
code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and
private roads. Design loads for bridges shall be established by the code official.
Add Section 4714.3 to read:
Fire apparatus access roads shall be all
weather roads with a minimum width of 20 feet (6096 mm) and a clear height of 13 feet
6 inches (4115 mm); and shall be designed in accordance with Fire Department
Standards. Dead-end roads in excess of 150 feet (45 720 mm) in length shall be
provided with turnarounds designed in accordance with Fire Department Standards. An
all-weather road surface shall be any surface material acceptable to the code official.
Add Section 4715 to read:
Amend Section 16.40.500 as follows:
Add Section 4715.1 to read:
Buildings and structures, orportions thereof, hereafter constructed
or relocated into or within wildland-urban interface areas shall be provided with fire
protection water supplies in accordance with this chapter.
Buildings containing only private garages, carports, sheds and
agricultural buildings with a building area of not more than 500 square feet (56 m2).
Add Section 4715.2 to read:
The point at which a water source is available for use shall
be located not more than 600 feet from all portions of the exterior walls of the building
and be approved by the code official. The distance shall be measured along an
unobstructed line of travel.
Water sources shall have a minimum usable water volume as determined by the
adequate water supply needs in accordance with Section 4715.4. This water source
shall be equipped with an approved hydrant. The water source shall be provided and
maintained by a recognized water purveyor, mutual water company or water pumped
from a well. The design,construction, location, water level maintenance, access, and
access maintenance of man-made water sources shall be approved by the code official.
Add Section 4715.3 to read:
All hydrants shall be designed and constructed in accordance with
nationally recognized standards. The location and access shall be approved by the
code official.
Add Section 4715.4 to read:
Adequate fire protection water supplies shall be as
follows:
1.One-And Two-FamilyDwellings. The required fire protection water supply for one-
and two-family dwellings shall be in accordance with Appendix B.
The water supply duration need not exceed 30 minutes.
2.Buildings Other Than One-And Two-Family Dwellings. The water supply required
for buildings other than one-and two-family dwellings shall be in accordance with
Appendix B.
The water supply duration need not exceed 2 hours.
Add Section 4715.5 to read:
Access to all water sources required by this code shall be
unobstructed at all times. The code official shall not be deterred or hindered from
gaining immediate access to water source equipment, fire protection equipment or
hydrants.
Add Section 4715.6 to read:
Water sources, hydrants and fire protection equipment shall
be clearly identified in a manner approved by the code official to identify location and to
prevent obstruction by parking and other obstructions.
Add Section 4715.7 to read:
Water sources, hydrants and other fire
protection equipment required by this code shall be subject to periodic tests as required
by the code official. All such equipment installed under the provisions of this code shall
be maintained in an operative condition at all times and shall be repaired or replaced
where defective. Additions, repairs, alterations and servicing of such fire protection
equipment and resources shall be in accordance with approved standards.
Add Section 4715.8 to read:
Defensible space shall be provided around water tank
structures, water supply pumps and pump houses in accordance with Section 4707.
Add Section 4715.9 to read:
Stationary water supply facilities within the wildland-urban
interface area dependent on electrical power to meet adequate water supply demands
shall provide standby power systems in accordance with the Electrical Code to ensure
that an uninterrupted water supply is maintained.The standby power source shall be
capable of providing power for a minimum of two hours.
1.When approved by the code official, a standby power supply is not required where
the primary power service to the stationary water supply facility is underground.
2.A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
Add Section 4910 to read:
Buildings and structures, or portions thereof, hereafter constructed
or relocated into or within the Wildland-Urban Interface Fire Area shall be provided with
fire protection water supplies in accordance with Chapter 5 and Sections 4910.2 and
4910.3.
Buildings containing only private garages, carports, sheds and agricultural buildings with
a building area of not more than 500 square feet (56 m2).
Defensible space shall be provided around water tank
structures, water supply pumps and pump houses in accordance with Section 4907.
Stationary water supply facilities within the wildland-urban
interface area dependent on electrical power to meet adequate water supply demands
shall provide standby power systems in accordance with the Electrical Codeto ensure
that an uninterrupted water supply is maintained. The standby power source shall be
capable of providing power for a minimum of two hours.
1. When approved by the code official, a standby power supply is not required where
the primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
Delete Section 16.40.550 in its entirety.
Amend Section 16.40.560 as follows:
Add Section 4911 to read:
The provisions of this chapter establish general requirements
applicable to new and existing properties located within the Wildland-Urban Interface
Fire Area.
The code
official is authorized to require areas within 10 feet (3048 mm) on each side of portions
of fire apparatus access roads and driveways to be cleared of non-fire-resistive
vegetation growth.
Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such
as green grass, ivy, succulents or similar plants used as ground cover, provided they do
not form a means of readily transmitting fire.
The code official is authorized to
determine and publicly announce when the Wildland-Urban Interface Fire Area shall be
closed to entry and when such areas shall again be opened to entry. Entry on and
occupation of the Wildland-Urban Interface Fire Area, except public roadways, inhabited
areas or established trails and campsites that have not been closed during such time
when the wildland-urban interface area is closed to entry, is prohibited.
1. Residents and owners of private property within the Wildland-Urban Interface Fire
Area and their invitees and guests going to or being on their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized
public officers, members of a fire department and members of the Wildland
Firefighting Service.
Motorcycles, motor scooters
and motor vehicles shall not be driven or parked on, and trespassing is prohibited on,
fire roads or defensible space beyond the point where travel is restricted by a cable,
gate or sign, without the permission of the property owners. Vehicles shall not be
parked in a manner that obstructs the entrance to a fire road or defensible space.
Public officers acting within their scope of duty. Radio and television aerials, guy wires
thereto, and other obstructions shall not be installed or maintained on fire roads or
defensible spaces, unless located 16 feet (4877 mm) or more above such fire road or
defensible space.
Motorcycles, motor scooters, ultra light aircraft and motor vehicles shall not
be operated within the Wildland-Urban Interface Fire Area, without a permit by the code
official, except on clearly established public or private roads. Permission from the
property owner shall be presented when requesting a permit.
Locks, barricades, seals, cables, signs and address markers installed within the
Wildland-Urban Interface Fire Area, by or under the control of the code official, shall not
be tampered with, mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the control of the code official
shall not be unlocked.
Delete Section 16.40.570 in its entirety.
Delete Section 16.40.580 in its entirety.
Delete Section 16.40.590 in its entirety.
Delete Section 16.40.600 in its entirety.
Delete Section 16.40.610 in its entirety.
Delete Section 16.40.620 in its entirety.
Delete Section 16.40.630 in its entirety.
Delete Section 16.40.640 in its entirety.
Add Section 16.40.650 as follows:
Add Section 4912 to read:
Ignition sources shall be in accordance with Section 4912.
Clearance between ignition sources and
grass, brush or other combustible materials shall be maintained a minimum of 30 feet
(9144 mm).
When required by the code official, signs shall be posted stating
NO SMOKING. No person shall smoke within 15 feet (4572 mm) of combustible
materials or non-fire-resistive vegetation.
Places of habitation or in the boundaries of established smoking areas or campsites as
designated by the code official.
Equipment and devices generating heat, sparks or open flames capable of igniting
nearby combustibles shall not be used in the Wildland-Urban Interface Fire Area without
a permit from the code official.
Use of approved equipment in habitated premises or designated campsites that are a
minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.
Fireworks shall not be used or possessed in the Wildland-Urban
Interface Fire Area.
Add Section 16.40.660 as follows:
Add Section 4913 to read:
No person shall build, ignite or maintain any outdoor fire of any kind
for any purpose in or on any Wildland-Urban Interface Fire Area, except by the authority
of a written permit from the code official.
Outdoor fires within inhabited premises or designated campsites where such fires are in
a permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum
of 30 feet (9144 mm) from any combustible material or non-fire-resistive vegetation.
Permits outdoor fires shall incorporate such terms and conditions
that will reasonably safeguard public safety and property. Outdoor fires shall not be
built, ignited or maintained in Wildland Urban Interface Fire Areas under the following
conditions:
1. When high winds are blowing,
2. When a person 17 years old or over is not present at all times to watch and tend
such fire, or
3. When a public announcement is made that open burning is prohibited.
No person shall use a permanent barbecue, portable
barbecue, outdoor fireplace or grill for the disposal of rubbish, trash or combustible
waste material.
Outdoor
fireplaces, permanent barbecues and grills shall not be built, installed or maintained in
the Wildland-Urban Interface Fire Area without approval of the Building or Fire Code
Official.
Outdoor fireplaces, permanent barbecues and grills shall be located a minimum of
30 feet (9144 mm) from any combustible material or non-fire-resistive vegetation and
shall be maintained in good repair and in a safe condition at all times. Openings in such
appliances shall be provided with an approved spark arrestor, screen or door. For the
purposes of this section, ignition-resistant material shall not be considered to be
combustible material.
When approved by the Building or Fire Code Official, unprotected openings in
barbecues and grills necessary for proper functioning.
Add Section 16.40.670 as follows:
Add Section 4914 to read:
Flammable vegetation
shall be cleared a minimum of 30 feet around liquefied petroleum gas tanks/containers.
Add Section 16.40.680 as follows:
Add Section 4915 to read:
Firewood and combustible materials shall not be stored in
unenclosed spaces beneath buildings or structures, or on decks or under eaves,
canopies or other projections or overhangs. The storage of firewood and combustible
material within the defensible space shall be located a minimum of 30 feet (6096 mm)
from structures and separated from the crown of trees by a minimum horizontal distance
of 15 feet (4572 mm).
Firewood and combustible materials not for
consumption on the premises shall be stored as approved by the fire code official.
Add Section 16.40.690 as follows:
Add Section 4916 to read:
Waste material shall not be placed, deposited or dumped in
the Wildland-Urban Interface Fire Area, or in, on or along trails, roadways or highways
or against structures in the Wildland-Urban Interface Fire Area.
Approved public and approved private dumping areas.
Ashes and coals shall not be placed, deposited or
dumped in or on the Wildland-Urban Interface Fire Area.
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight fitting lid, which is kept or maintained in a
safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or
structures.
3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of mineral
earth not less than 25 feet (7620 mm) from non-fire-resistive vegetation or
structures.
Add Section 16.40.700 as follows:
Add Section 4917 to read:
Flammable vegetation shall be
cleared a minimum of 30 feet from water storage equipment and pumping facilities.
(Ord._______)
th
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 16 day of
November, 2010, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the ____ day of2010, by the following vote:
Vote:Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
INSPECTED
LAWFUL OCCUPANCY PERMITTED
RESTRICTED USE
A
EXHIBIT
UNSAFE
DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)