Loading...
Ordinance No. 10-2072 Amend Chapter 16 and Adopt the 2010 California Building Code Standards Ordinance No. 10 -2072 ORDINANCE NO. 10 -2072 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: CHAPTER 16.04: BUILDING CODE ADOPTED* 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 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. 16.04.340 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 provisions 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. 16.04.010 Code Adoption. 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. 1 Ordinance No. 10 -2072 16.04.015 Adoption of Appendix Chapters. The following Appendix Chapters from the 2010 California Building Code are hereby adopted. Appendix C: Group U — Agricultural Buildings; Appendix F: Rodentproofing; Appendix G: Flood- Resistant Construction; Appendix I: Patio Covers; California Code Part 8: 2010 California Historical Building Code; California Code Part 10: 2010 California Existing Building Code 16.04.060 Spark Arrestors. 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 complying with the requirements of the 2010 California Residential Code Section R1003.9.1. 16.04.070 Exterior Wildfire Exposure. 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" 16.04.080 Roof Covering Classification. Section 1505.1.3 of the 2010 California Building Code is amended to read: 1505.1.3 Roof coverings in all other areas. 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: 1505.1.4 Roofing requirements in a Wildland -Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced 2 Ordinance No. 10 -2072 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. 16.04.340 Conventional Construction Provisions (Bracing) — Amendment. 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. 16.04.350 Stability Coefficient Equation. Add Section 1613.8 to 2010 CBC Section 1613 and ASCE 7 -05 Section 12.8.7 to read as follows: 1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending Equation 12.8 -16 as follows: 0= Px (12.8 -16) V 16.04.360 Concrete Isolated Footings. Amend Section 1704.4 Exception #1 of the 2010 CBC to read as follows: 1704.4 Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and TABLE 1704.4. Exception: 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). 3 • Ordinance No. 10 -2072 16.04.370 Revise section 1908.1.8 ACI 318 -08 section 22.10.1. 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. Exception: 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. Exception: 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. 4 Ordinance No. 10 -2072 CHAPTER 16.06 RESIDENTIAL CODE ADOPTED 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. 16.06.010 Code Adoption. 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. 16.06.015 Adoption of Appendix Chapters. 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; 16.06.050 Automatic Fire Sprinkler Systems. Amend Section R313.1 to read: R313.1 Townhouse automatic fire sprinkler systems. 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. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building area. Amend Section R313.2 to read: 5 Ordinance No. 10 -2072 R313.2 One- and two- family dwellings automatic fire sprinkler systems. 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. Exception: One or more additions made to a building after January 1, 2011 that do not total more than 1000 square feet of building area. 2. In all new basements and in existing basements that are expanded. Exception: Existing basements that are expanded by not more than 50 %. 16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure. 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" 16.06.070 Footings. Amend Section R403.1 to read: R403.1 General. 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. LOAD - BEARING VALUE OF SOIL (psf) 1,500 2,000 3,000 1 > 4,000 Conventional light -frame construction 1 -story 12 12 12 12 2 -story 15 12 12 12 3 -story 23 17 12 12 4 -inch brick veneer over light frame or 8 -inch hollow concrete masonry 6 Ordinance No. 10 -2072 1 -story 12 12 12 12 2 -story 21 16 12 12 3 -story 32 24 16 12 8 -inch solid or fully grouted masonry 1 -story 16 12 12 12 2 -story 29 21 14 12 3 -story 42 32 21 16 For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa. a. Where minimum footing 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: R403.1.1 Minimum size. 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. Delete Figure R403.1(2) and Figure R403.1(3). Delete Section R403.2 in its entirety. 16.06.080 Roof Covering Classification. Amend Section R902.1.3 to read: R902.1.3 Roof coverings in all other areas. 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. Amend Section R902.1.4 to read: R902.1.4 Roofing coverings within the Wildland -Urban Interface Fire Area. 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, repa :Lr 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 R327.5. 7 Ordinance No. 10 -2072 16.06.090 Seismic Reinforcing. 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: R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories DO, DI and D2, as established in Table R301.2(1), shall have minimum reinforcement of 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 DO, DI 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 DO, 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 DO, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. Exception: In detached one- and two - family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted. 16.06.100 Intermittent Brace Wall Panel Construction Methods. 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 Do, D and D2, Method GB is not permitted and the 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: TABLE R602.10.1.2(2) Add a new subsection R602.10.2.1.1, to read: 8 Ordinance No. 10 -2072 R602.10.2.1.1 Limits on methods GB and PCP. In Seismic Design Categories D D and D2, Method GB is not permitted for use as intermittent braced wall panels, but 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 D2, the use of Method PCP is limited to one -story single family dwellings and accessory structures. 9 Ordinance No. 10 -2072 CHAPTER 16.12 SOILS AND FOUNDATIONS* Section 16.12.010 Code Adoption. 16.12.020 Required. 16.12.030 Report Requirements. 16.12.040 Preparation. 16.12.050 Approval of Report. 16.12.060 Conditions of Building Permit. 16.12.070 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. 16.12.010 Code Adoption. 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 to the issuance of a building permit. 16.12.020 Required. 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. 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. 10 Ordinance No. 10 -2072 CHAPTER 16.16: ELECTRICAL CODE ADOPTED Section 16.16.010 Code Adoption. 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. 16.16.010 Code Adoption. The provisions of the 2010 California Electrical 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. 16.16.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2010 California Electrical Code have been adopted. 11 Ordinance No. 10 -2072 CHAPTER 16.20: PLUMBING CODE ADOPTED Section 16.20.010 Code Adoption. 16.20.015 Adoption of Appendix Chapters. 16.20.020 Name Insertion. 16.20.080 Condensate Disposals. 16.20.100 Penalty. 16.20.110 Schedule of Fees. 16.20.120 Board of Appeals. 16.20.010 Code Adoption. 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. 16.20.015 Adoption of Appendix Chapters. 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; 12 Ordinance No. 10 -2072 CHAPTER 16.24: MECHANICAL CODE ADOPTED Section 16.24.010 Code Adoption. 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. 16.24.010 Code Adoption. 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. 16.24.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2010 California Mechanical Code have been adopted. 13 Ordinance No. 10 -2072 CHAPTER 16.40: FIRE CODE ADOPTED Section 16.40.010 Code Adoption. 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 16.40.180 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 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. 16.40.290 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 Definitions. 16.40.370 Explosives and Fireworks. 14 Ordinance No. 10 -2072 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. 16.40.475 Application. 16.40.480 Defensible Space. 16.40.490 Access. 16.40.500 Water Supply. 16.40.560 General Requirements For Suppression and Control. 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. 15 Ordinance No. 10 -2072 16.40.010 Code Adoption. 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 2010 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. 16.40.015 Adoption of Appendix Chapters. 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. 16.40.020 Administration. Section 101.3.1 is added to read as follows: 101.3.1 Administration. 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' 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" 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 16 Ordinance No. 10 -2072 Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety. 16.40.030 Establishment of limits of districts in which the storage of stationary tanks of flammable cryogenic fluids are to be prohibited. The limits referred to in Section 3506.2 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. 16.40.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited. 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. 16.40.050 Establishment of limits of districts in which storage of Class I and II liquids in aboveground tanks is prohibited. 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. 16.40.060 Establishment of limits in which storage of liquefied petroleum gases is prohibited. 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. Exception: 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. 16.40.065 Permits. 17 Ordinance No. 10 -2072 Section 105.1.4 is added to read as follows: 105.1.4 Construction permit fees. 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. TOTAL PERMIT FEE VALUATIONS $1.00 TO $500.00 $23.50 $501.00 TO $23.50 for the first $500.00 plus $3.05 for $2,000.00 each 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 for $25,000.00 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 $10.10 $50,000.00 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 $7.00 for $100,000.00 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 $5.60 $500,000.00 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 $4.75 $1,000,000.00 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: 18 Ordinance No. 10 -2072 105.1.5 Operational permit fees. 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: 105.6.8 Compressed Gases. 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. Exception: 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 19 Ordinance No. 10 -2072 waiver. Amend Table 105.6.8 to read: TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES' TYPE OF GAS AMOUNT(cubic feet) X 0.0283 for m Corrosive 200 Flammable (except cryogenic and liquefied petroleum 200 gases) Highly toxic Any amount Inert and simple asphyxiant 6,000 Irritant 200 Moderately toxic 20 Other health hazards 650 Oxidizing (including oxygen) 504 Pyrophoric Any amount Radioactive Any amount Sensitizer 200 Toxic Any Amount Unstable (reactive) Any amount ' 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: 105.6.10 Cryogenic fluids. 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. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. 20 Ordinance No. 10 -2072 Table 105.6.20 is amended to read as follows: TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible Liquids: See Section 105.6.16 Corrosive Materials: Gases See 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: Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 10 pounds Highly Toxic Materials: Gases Any amount Liquids Any amount Solids Any 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 21 Ordinance No. 10 -2072 Oxidizing Materials: Gases 504 Cubic Feet Liquids Any amount Solids Any amount Pyrophoric Materials: Gases Any amount Liquids Any amount Solids Any amount Toxic Materials: Gases Any amount Liquids Any amount Solids Any amount Unstable (Reactive) Materials: Gases Any 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: 105.6.48 Day Care Facility. An operational permit is required to operate a business as a day 22 Ordinance No. 10 -2072 care facility for more than 6 people. Section 105.6.49 is added to read as follows: 105.6.49 Institutional. 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. Section 106.5 is added to read as follows: 106.5 Final Inspection. 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. Delete Section 109.3: Violation penalties 16.40.070 Definitions. The following definitions are added: CARCINOGEN 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. 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. OTHER HEALTH HAZARD MATERIAL 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). 23 Ordinance No. 10 -2072 SENSITIZER 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. WORKSTATION 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. 16.40.080 General Precautions Against Fire. VACANT PREMISES The following sections are deleted: Delete Section: 311.5 Placards. Delete Section: 311.5.1 Placard Location. Delete Section: 311.5.2 Placard Size And Color. Delete Section: 311.5.3 Placard Date. Delete Section: 311.5.4 Placard Symbols Delete Section: 311.5.5 informational Use HAZARDS TO FIRE FIGHTERS Add Section 316.6 to read: 316.6 Roof Guardrails at Interior Courts. 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. Exception: Where the roof opening is greater than 600 square feet in area. 16.40.090 Emergency Planning and Preparedness. Amend Section 404.2 as follows: 404.2 Where Required. 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. 24 Ordinance No. 10 -2072 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. 9. Group M buildings having an occupant load of 500 or more persons. 10. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area. 11. Underground buildings. Amend Section 404.3.1 as follows: 404.3.1 Fire Evacuation Plans. 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 erployees 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 rneans 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. 25 Ordinance No. 10 -2072 Amend Table 405.2 as follows: TABLE 405.2 FIRE AND EVACUATION DRILL FREQUENCY AND PARTICIPATION GROUP OR FREQUENCY PARTICIPATION OCCUPANCY Group A Quarterly Employees Group B Annually Employees Group E See §3.13 Title 19, CCR Group I See §3.13 Title 19, CCR Group R -1 See §3.13 Title 19, CCR Group R -2 Four annually All occupants High -rise buildings' See 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. 16.40.100 Use and Occupancy — Related Requirements. 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: 26 Ordinance No. 10 -2072 408.9 Group R -2 Occupancies. 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: 408.9.4 First Emergency Evacuation Drill. 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: 408.9.5 Time of Day. 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: 408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep them current. 16.40.110 FIRE SERVICE FEATURES 16.40.120 Fire Apparatus Access Roads. Amend Section 503.1 as follows: 503.1 Where required. 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: 503.1.1 Building and Facilities. 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 27 Ordinance No. 10 -2072 story of the building as measured by an approved route around the exterior of the building or facility. Exception: 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: 503.2.1 Dimensions. 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). Exception: 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: 503.7 Traffic Calming Devices. 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. 16.40.130 Access to Buildings and Roofs. Add Section 504.4 to read: 504.4 Access Control Devices. 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. 16.40.140 HAZARDS TO FIREFIGHTERS 16.40.150 Emergency Responder Radio Coverage. 28 • Ordinance No. 10 -2072 Amend Section 510.1 to read follows: 510.1 Emergency responder radio coverage in buildings. 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: 510.1.1 Obstruction by new buildings. 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. 16.40.160 BUILDING SERVICE AND FEATURES 16.40.180 Electrical Equipment, Wiring and Hazards. Add Section 605.11 to read: 605.11 Immersion Heaters. 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. 16.40.190 Stationary Storage Battery Systems. Add Section 608.6.4 to read: 608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage the charging system. 16.40.195 Decorative Vegetation in New and Existing Buildings. Amend Section 806.1.1 as follows: 806.1.1 Display inside buildings. 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. Exceptions: Deleted 29 Ordinance No. 10 -2072 16.40.200 FIRE PROTECTION SYSTEMS 16.40.210 Automatic Sprinkler Systems. Amend Section 903.2 to read: 903.2 Where required. 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. Exception: 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. Exception: One or more additions made to a building after January 1, 2011 that do 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: 903.3.1.1 NFPA 13 sprinkler systems. 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. 30 Ordinance No. 10 -2072 Amend Section 903.3.1.2 to read: 903.3.1.2 NFPA 13R sprinkler systems. 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: 903.3.1.3 NFPA 13D sprinkler systems. 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: 912.2 Location. 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. 16.40.220 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION 16.40.225 Precautions Against Fire. Add Section 1404.8 to read: 1404.8 Fire Walls. 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). 16.40.230 Means of Egress. Amend Section 1411.1 as follows: 1411.1 Stairways Required. 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. Exception: 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.). 31 Ordinance No. 10 -2072 Add Section 1411.1.1 to read: Section 1411.1.1 Required Means Of Egress. All new buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the prefire plan. See Section 1408.2. 16.40.240 SEMICONDUCTOR FABRICATION FACILITIES 16.40.250 Definitions. Amend the following definition to read: CONTINUOUS GAS DETECTION SYSTEM. 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 '/2 IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable areas. Delete Definition: Workstation. LUMBER YARDS AND WOOD WORKING FACILITIES 16.40.260 Storage of Wood Chips and Hogged Material Associated with Timber and Lumber Production Facilities. Add Section 1907.6 to read: 1907.6 Fire Protection Water Supply System. 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. 16.40.270 Storage and Processing of Wood Chips, Hogged Materials, Fines, Compost and Raw Product Associated with Yard Waste and Recycling Facilities. Add Section 1908.11 to read: 32 Ordinance No. 10 -2072 1908.11 Fire Protection Water Supply System. 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. 16.40.290 HAZARDOUS MATERIALS 16.40.300 General. Amend Section 2701.2.2.2 to read: 2701.2.2.2 Health Hazards 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. 16.40.310 Definitions. Amend the following definition to read: SECONDARY CONTAINMENT. 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. 16.40.320 General Requirements. Add Section 2703.1.3.1 to read: 2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of toxic, 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 requirement; for toxic, highly toxic or moderately toxic gases. Add Section 2703.1.5 to read: 2703.1.5 Other Health Hazards Including Carcinogens, Irritants and Sensitizers. The storage, use and handling of materials 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: 33 Ordinance No. 10 -2072 2703.1.6 Secondary Containment Requirements. 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: 2703.2.2.1 Design and Construction. 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. Exception: 1. Piping for inlet connections designed to prevent backflow. 2. Piping for pressure relief devices. 34 Ordinance No. 10 -2072 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. Exception: 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: 2703.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. 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. Exception: Piping and tubing within the space de Fined 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: 2703.3.1 Unauthorized Discharges. 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 manner and the following procedures required in accordance with Sections 2703.3.1.1 through 2703.3.1.4. 35 Ordinance No. 10 -2072 Add Sec. 2703.5.2 to read: 2703.5.2 Ventilation Ducting. 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: 2703.5.3 "H" Occupancies. 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: 2703.9.8 Separation of Incompatible Materials. 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. 2703.9.11 to read: 2703.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or Using Hazardous Materials. 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. 36 Ordinance No. 10 -2072 Exception: 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 500m1. 16.40.330 Storage. Amend Section 2704.2.1 as follows: 2704.2.1 Spill Control for Hazardous Material Liquids. 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. Whcn 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: 2704.2.2 Secondary Containment for Hazardous Material Liquids and Solids. 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: 2704.2.2 REQUIRED SECONDARY CONTAINMENT FOR HAZARDOUS MATERIAL SOLIDS AND LIQUIDS STORAGE 16.40.340 Use, Dispensing and Handling. Amend Sec. 2705.4.4 to read: 2705.4.4 Emergency Alarm. 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 37 Ordinance No. 10 -2072 remote station service or constantly attended on -site location and shall also initiate a local audible alarm. 16.40.350 CORROSIVE MATERIALS 16.40.360 Definitions. Add the following definition to read: CORROSIVE LIQUID. 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. 16.40.370 Explosives and Fireworks. Amend Section 3301.1 to read: 3301.1 Scope. For explosives requirements see California Code of Regulations, Title 19, Division 1, Chapter 10 and Section 3301.2 of this Chapter. For fireworks requirements see California Code of Regulations, Title 19, Division 1, Chapter 6 and Section 3301.3 of this Chapter. For small arms ammunition, see Section 3301.5 of this chapter. Exception: 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 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 3301.2 is to read: 3301.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited. Add Section 3301.3 is to read: 3301.3 Fireworks. 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: 38 Ordinance No. 10 -2072 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: 3301.4 Rocketry. 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: 3301.5 Small Arms Ammunition - General. 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. 3301.5.1 Packages. Smokeless propellants shall be stored in approved shipping containers conforming to DOTn 49 CFR, Part 173. 3301.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black powder and small arms primers shall not be performed in retail establishments. 3301.5.1.2 Damaged packages. Damaged containers shall not be repackaged. Exception: Approved repackaging of damaged containers of smokeless propellant into containers of the same type and size as the original container. 3301.5.2 Storage in Group R occupancies. The storage of small arms ammunition in Group R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3. 3301.5.2.1 Smokeless propellants. 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. 3301.5.2.2 Black powder. 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 39 Ordinance No. 10 -2072 3301.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in Group R -3 occupancies. 3301.5.3 Display and storage in Group M 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. 3301.5.3.1 Display. 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. 3301.5.3.1.1 Smokeless propellant. 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. 3301.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be displayed in Group M occupancies. 3301.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be displayed in Group M occupancies. 3301.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3. 3301.5.3.2.1 Storage of Smokeless propellant. 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. 3301.5.3.2.2 Black powder. 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. 3301.5.3.2.3 Small arms primers. 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. 40 • Ordinance No. 10 -2072 16.40.380 FLAMMABLE AND COMBUSTIBLE LIQUIDS 16.40.390 Storage. Amend section 3404.2.7.5.8 to read: 3404.2.7.5.8 Overfill Prevention. 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. Exception Deleted Add section 3404.2.7.5.9 to read: 3404.2.7.5.9 Automatic Filling of Tanks. 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. 16.40.400 HIGHLY TOXIC AND TOXIC MATERIALS 16.40.410 General. Add Sec. 3701.3 to read: 3701.3 Moderately Toxic Gases With a LC50 Equal To Or Less Than 3000 Parts Per Million. 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. 16.40.420 Definitions. The following definitions are added to read: MODERATELY TOXIC GAS. 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. 41 Ordinance No. 10 -2072 MAXIMUM THRESHOLD QUANTITY (MAX TQ). 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 21b. 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. 16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed Gases including those used as Refrigerants. Add Sec. 3704.1.4 to read: 3704.1.4 Automatic Shut -Off Valve. An automatic shut -off valve, which is of a fail -safe to close design, shall be provided to shut off the supply of 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: 3704.1.5 Emergency Control Station. 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: 3704.1.6 Maximum Threshold Quantity. 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 42 Ordinance No. 10 -2072 Add Section 3704.1.7 to read: 3704.1.7 Reduced Flow Valve. 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: 3704.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be availab Le 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: 3704.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the 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: 43 Ordinance No. 10 -2072 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. 3704.1.16 to 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: 3704.1.17 Seismic 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 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: 3704.2 Indoor Storage and Use. 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. 44 Ordinance No. 10 -2072 Add Table 3704.2 to read: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet Amend Section 3704.2.1 to read: 3704.2.1 Applicability. 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: 3704.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. 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, 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 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: 3704.2.2.7 Treatment Systems. 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. Exception: 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. 45 Ordinance No. 10 -2072 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: 3704.3 Outdoor Storage and Use. 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: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Outdoor Storage and Use 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. 46 Ordinance No. 10 -2072 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 16.40.440 Use. Add Section 4105.3.1 to read: 4105.3.1 Silane distribution systems automatic shutdown. 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. REQUIREMENTS FOR WILDLAND -URBAN INTERFACE FIRE AREAS Amend Section 4902 as follows: 16.40.460 Definitions. Amend definition of Wildland -Urban Interface Fire Area as follows: Wildland -Urban Interface Fire Area 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. HAZARDOUS VEGETATION AND FUEL MANAGEMENT 47 Ordinance No. 10 -2072 16.40.475 Application. Amend Section 4906.2 to read: 4906.2 Application. 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 Interface Fire Area by the City of Cupertino. 16.40.480 Defensible Space. Amend Section 4907.1 to read: 4907.1 General. 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. Exception: 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. Exception: 48 Ordinance No. 10 -2072 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: 4907.2 Corrective Actions. 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. 16.40.485 Fire Protection Plan. Add Section 4908 to read: 4908.1 General. When required by the code official, a fire protection plan shall be prepared. 4908.2 Content. 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. 4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant. 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official. 16.40.490 Access. Add Section 4909 to read: 4909.1 General. 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. 4909.2 Driveways. 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 49 Ordinance No. 10 -2072 surface shall be any surface material acceptable to the code official. A driveway shall not serve in excess of two dwelling units. Exception: 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. 16.40.500 Water Supply. Add Section 4910 to read: 4910.1 General. 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. Exception: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 4910.2 Clearance of Fuel. Defensible space shall be provided around water tank structures, water supply pumps and pump houses in accordance with Section 4907. 4910.3 Standby Power. 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. Exception: 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. 50 Ordinance No. 10 -2072 16.40.560 General Requirements For Suppression and Control. Add Section 4911 to read: 4911.1 Scope. The provisions of this chapter establish general requirements applicable to new and existing properties located within the Wildland -Urban Interface Fire Area. 4911.2 Clearance of Brush or Vegetative Growth From Roadways. 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. Exception: 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. 4911.3 Access Restrictions 4911.3.1 Restricted Entry To Public Lands. 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. Exception: 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. 4911.3.2 Use of Fire Roads and Defensible Space. 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. Exception: 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. 4911.3.3 Use of Motorcycles, Motor Scooters, Ultra light Aircraft and Motor Vehicles. 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. 51 Ordinance No. 10 -2072 4911.3.4 Tampering with Locks, Barricades, Signs And Address Markers. 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. 16.40.650 Ignition Source Control. Add Section 4912 to read: 4912.1 General. Ignition sources shall be in accordance with Section 4912. 4912.2 Clearance from Ignition Sources. Clearance between ignition sources and grass, brush or other combustible materials shall be maintained a minimum of 30 feet (9144 mm). 4912.3 Smoking. 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. Exception: Places of habitation or in the boundaries of established smoking areas or campsites as designated by the code official. 4912.4 Equipment and Devices Generating Heat, Sparks or Open Flames. 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. Exception: 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. 4912.5 Fireworks. Fireworks shall not be used or possessed in the Wildland -Urban Interface Fire Area. 16.40.660 Outdoor Fires. Add Section 4913 to read: 4913.1 General. 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. Exception: 52 Ordinance No. 10 -2072 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. 4913.2 Permits. 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. 4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, outdoor fireplace or grill for the disposal of rubbish, trash or combustible waste material. 4913.4 Outdoor Fireplaces, Permanent Barbecues and Grills. 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. Exception: When approved by the Building or Fire Code Official, unprotected openings in barbecues and grills necessary for proper functioning. 16.40.670 Liquified Petroleum Gas Installations. Add Section 4914 to read: 4914.1 Vegetation Clearance around Tanks /Containers. Flammable vegetation shall be cleared a minimum of 30 feet around liquefied petroleum gas tanks /containers. 16.40.680 Storage of Firewood and Combustible Materials. Add Section 4915 to read: 4915.1 General. 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). 53 Ordinance No. 10 -2072 4915.2 Storage for Off -Site Use. Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official. 16.40.690 Dumping. Add Section 4916 to read: 4916.1 Waste Material. 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. Exception: Approved public and approved private dumping areas. 4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or on the Wildland -Urban Interface Fire Area. Exception: 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. 16.40.700 Protection of Pumps and Water Storage Facilities. Add Section 4917 to read: 4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a minimum of 30 feet from water storage equipment and pumping facilities. 54 Ordinance No. 10 -2072 CHAPTER 16.54: ENERGY CODE ADOPTED 16.54.010 Code Adoption. 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. 55 Ordinance No. 10 -2072 CHAPTER 16.58: GREEN BUILDING STANDARDS CODE ADOPTED 16.58.010 Code Adoption. 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. 16.58.015 Adoption of Appendix Chapters. No Appendix Chapters from the 2010 California Green Building Standards Code have been adopted. 16.58.020 City of Cupertino's Green Building Ordinance Requirements. Notwithstanding the provisions of this code, refer to the adopted City of Cupertino's Green Building Ordinance for additional sustainability requirements. 56 Ordinance No. 10 -2072 CHAPTER 16.80 SAFETY ASSESSMENT PLACARDS Section 16.80.010 Intent 16.80.020 Application of Provisions 16.80.030 Definitions 16.80.040 Placards 16.80.010 Intent. 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. 16.80.020 Application of Provisions. 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. 16.80.030 Definitions. Safety assessment is a visual, non - destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 16.80.040 Placards. 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) INSPECTED - Lawful Occupancy Permitted 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) RESTRICTED USE 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) UNSAFE - Do Not Enter or Occupy 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 57 Ordinance No. 10 -2072 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. 58 Ordinance No. 10 -2072 (Ord. ) 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 7th day of December, 2010, by the following vote: Vote: Members of the City Council Ayes: Wong;, Santoro, Chang, Mahoney, Wang Noes: None Absent: None Abstain: None ATTEST: APPROVED: 1 , ,414tr 4 -4 City Clerk Mayor, City of Cupertin 59 INSPECTED LAWFUL OCCUPANCY PERMITTED This structure has been inspected (as indicated Date: below) and no apparent structural hazard has been found. Time: (Caution: Aftershocks since inspection may ❑ Inspected Exterior Only increase damage and risk.) ❑ Inspected Exterior and Interior This facility was inspected under emergency conditions for: Report any unsafe condition to local authorities; reinspection may be required. City of Cupertino 10300 Torre Ave. Inspector Comments: Cupertino, CA 95014 (408) 777 -3228 phone (408) 777 -3333 fax Inspector ID /Agency: Facility Name and Address: Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official (Cupertino Municipal Code Section 16.80.030) Cupertino Building Department • 10300 Torre Ave. Cupertino, CA 95014 • (408) 333 -3228 • www.cupertino.orq /buildinq RESTRICTED USE Caution: This Structure has been inspected Date: and found to be damaged as described below: Time: (Caution: Aftershocks since inspection may increase damage and risk.) This facility was inspected under emergency conditions for: Fntry occupancy and lawful use are City of Cupertino restricted as indicated below: 10300 Torre Ave. Cupertino, CA 95014 (408) 777 -3228 phone (408) 777 -3333 fax Inspector ID/Agency: Facility Name and Address: Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official (Cupertino Municipal Code Section 16.80.030) Cupertino Building Department • 10300 Torre Ave. Cupertino, CA 95014 • (408) 333 -3228 • www.cupertino.orq /buildinq UNSAFE DO NOT ENTER OR OCCUPY (THIS PLACARD IS NOT A DEMOLITION ORDER) This structure has been inspected, found to Date: be seriously damaged and is unsafe to occupy, as described below: Time: This facility was inspected under emergency conditions for: Do not enter, except as specifically City of Cupertino 10300 authorized in writing by the jurisdiction. per Torre Ave. Cuupertino, CA 95014 Entry may result in death or injury. (408) 777 -3228 phone (408) 777 -3333 fax Facility Name and Address: Inspector ID /Agency: Do Not Remove, Alter, or Cover this Placard until Authorized by the Building Official (Cupertino Municipal Code Section 16.80.030) Cupertino Building Department • 10300 Torre Ave. Cupertino, CA 95014 • (408) 333 -3228 • www.cupertino.orq/buildinq STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. 10 -2072, which was enacted on December 7th, 2010, and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of December 2010. KIMBERLY SM, , City Clerk and Ex- officio Clerk of the City Council of the City of Cupertino, California ordinance certificate