23. Fire Code ordinance
ORDINANCE NO. 07-2020
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REPEALING AND RE-ENACTING CHAPTER 16.40
OF THE CUPERTINO MUNICIPAL CODE ADOPTING THE
2007 EDITION OF THE CALIFORNIA FIRE CODE
AND THE 2006 INTERNATIONAL FIRE CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that Chapter
16.40 of the Cupertino Municipal Code is repealed and re-enacted as contained in attached Exhibit A.
, INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day
of November 2007 and ENACTED at a regular meeting of the City Council of the City of Cupertino
the day of 2007, by the following vote:
Vote:
Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
A TIEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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Ordinance No. 07-
EXIDBIT A
16.40.010 Adoption ofthe 2007 California Fire Code and 2006 International Fire Code.
There is hereby adopted by the City of Cupertino for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion, that certain code known as the 2007
California Fire Code and als'O the 2006 International Fire Code, including Appendix Chapters 1,4, B and
C 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.
16.40.020 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 w'Ords 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 Cupertino or the
body appointed by the Council to pass-on matters pertaining to fire safety. (Ord. 1911, Exh. A, 2002)
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 3204.3.1.1 '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 flammable or combustible liquids
in.outside aboveground tanks is prohibited.
The limits referred tD in Section 3404.2.9.5.1 'Of the CalifDrnia Fire Code, in which the storage of
flammable Dr combustible liquids in aboveground tanks is prohibited are hereby established as all
10cati'Ons of the City of Cupertino that are residential or congested commercial areas as determined by the
fire code official.
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Ordinance No. 07-
16.40.050 Establishment of limits of districts in which storage of flammable or combustible 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 pro~bited.
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.
Exceptions: 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,
16.40.070 DEFINITIONS
GENERAL DEFINITIONS
Add the following definition:
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
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
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
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Ordinance No. 07-
for the following occupancies and buildings.
1, Group A occupaneies used. exemsiYely f-or religious '):omhip Group A buildings having an
occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more persons or more than 100 persons
above or below the lowest level of exit diseharge.
3. Group E: See 93.13 Title 19, CCR for regulations.
4. Group H.
5. Group I. See ~3.09 Title 19. CCR for regulations.
6. Group R-l. See ~3,09 Title 19, CCR for regulations.
7. Group R-2. college and university buildings.
g, Gr-oup R 4.
9. Group M buildings having an occupant load of 500 or more persons or more than 100 per-sons
aboye or below the 100'/est le'/el of exit discharge.
10. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area,
11, Underground buildings,
12. Buildings with an atrium and haying oceupa:l'lc)' in Grm:lp A, E or M Occupancies.
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. ifrequire<L sounds and looks like (audible and visual warning
devices),
3. Procedures for employees who must remain to operate critical equipment before evacuating.
4. Procedures for accounting for employees and occupants after evacuation has been completed.
5. Identification and assignment of personnel responsible for rescue or emergency medical aid.
6. The preferred and any alternative means of notifying occupants of a fire or emergency.
7. .The preferred and any alternative means of reporting fires and other emergencies to the fire
department or designated emergency response organization,
8. Identification and assignment of personnel who can be contacted for further information Or
explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
Amend Table 405.2 as follows:
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Ordinance No. 07.
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR FREQUENCY PARTICIPATION
OCCUPANCY
Group A Quarterly Employees
Group Ba Annually Employees
Group E See &3.09 Title 19. CCR
Group I See &3.09 Title 19, CCR
Group R-l See &3,09 Title 19. CCR
Group R_2b Four annually All occupants
Group R 4 Quarterly on each shift Employees9
High-rise buildingsC See &3.09 Title 19, CCR
a. The frequenoy shall be allo':;ed to be modified in aeeordance 'Nith Seotion 408.3,2
b. Fire and evaouation drills in residential care assisted living facilities shall include oomplete
o'/acuatioB ofthe premises in accordanoe with. Seotion 108.10.5 '\Vhere occHpants receive
habilitation or rehabilitation tra-ining, fire pre>;entioB and fire safety practices shall be
incl.uded as part of the training program.
a, -ll . Group B buildings having an occupant load of 500 or more persons,
b. -d. Applicable to Group R-2 college and university buildings only in accordance' with Seetion
~.
c. Applicable to high-rise office buildings only,
16.40.100 USE AND OCCUPANCY- RELATED REQUIREMENTS
Delete Section: 408.2.2 Announcements.
Delete Section: 408.3.1 First Emergency Evacuation Drill.
Delete Section: 408.3.2 Emergency Evacuation Drill Deferral.
Delete Section: 408.3.3 Time Of Day.
Delete Section: 408.3.4 Assembly Points.
Delete Section: 408.5.1 Fire Safety And Evacuation Plan.
Delete Section: 408.5.2 Staff Training.
Delete Section: 408.5.3 Resident Training.
Delete Section: 408.5.4 Drill Frequency.
Delete Section: 408.5.5 Resident Participation.
Delete Section: 408.6 Group 1-2 Occupancies.
Delete Section: 408.6.1 Evacuation Not Required.
Delete Section: 408.6.2 Coded Alarm Signal.
Delete Section: 408.7 Group 1-3 Occupancies.
Delete Section: 408.7.1 Employee Training.
Delete Section: 408.7.2 Staffing.
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Ordinance No. 07-
Delete Section: 408.7.3 Notification.
Delete Section: 408.8 Group R-l Occupancies.
Delete Section: 408.8.2 Emergency Duties.
Delete Section: 408.8.3 Fire Safety And Evacuation Instructions.
Amend Section 408.9 to read:
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 Emere:encv Evacuation Drill. The first emergency evacuation drill of each school year
shall be cbnducted within 10 days of the beginning of classes.
Add Section 408.9.5 to read:
408.9.5 Time of Dav. Emergency evacuation drills shall be conducted at different hours of the day or
evening. during the changim~ 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.
Delete Section: 408.10 Group R-4 Occupancies.
Delete Section: 408.10.1 Fire Safety And Evacuation Plan.
Delete Section: 408.10.2 Staff Training.
Delete Section: 408.10.3 Resident Training.
Delete Section: 408.10.4 Drill Frequency.
Delete Section: 408.10.5 Resident Participation.
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. Modifications or changes in tenants or ocoopaneies shall not be made vlithout prior approval
of the fire oode official and building official.
16.40.110FIRE SERVICE FEATURES
16.40.120 FIRE APPARATUS ACCESS ROADS
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.
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Ordinance No. 07M
16.40.130 ACCESS TO BUILDINGS AND ROOFS
Add Section 504.4 to read:
504.4 Access Control Devices. When access control devices includin2 bars, m-ates, 2ates, electric or
magnetic locks or similar devices, which w<>,uld inhibit rapid fire department emergency access to the
building, are installed, such devices shall be approved by the fire code official. All access control
devices shall be provided with an approved means for deactivation or unlocking by the fire department.
Access control devices shall also comply with Chapter 10 Egress.
16.40.140 HAZARDS TO FIREFIGHTERS
Add Section 507.4 to read:
507.4 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 adiacent roof surface that can be walked on. Intennediate 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.
16.40.150 EMERGENCY COMMUNICATIONS SYSTEMS
Add Section 511,1 to read:
511.1 Emer2ency Communication Systems. In new buildings. or buildings expanded by more than
20%, or buildings in which a change in occupancy classification occurs where adequate interior
emergency radio communication is not possible, a system or eauipment that will provide emergency
radio coverage acceptable to the fire code official shall be installed.
16.40.160 BUILDING SERVICE AND FEATURES
16.40.170 FUEL FIRED APPLIANCES
Add Section 603.4.2 as follows:
603.4.2 Portable Unvented Heaters Used in Other Occupancies and Outside Locations. Use of
portable unvented heaters in other occupancies and outside locations shall be awroYed by the fire code
offi cial.
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.
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16.40.190 STATIONARY STORAGE BATTERY SYSTEMS
Add Section 608.6.3 to read:
608.6.3 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage
the charging system,
16.40.200 FIRE PROTECTION SYSTEMS
16.40.210 AUTOMATIC SPRINKLER SYSTEMS
Amend Section 903.2 as follows:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in
existing modified buildings and structures. shall be provided in the locations described in this section.
Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2,1 through
903.2.13 and as follows. whichever is the more restrictive:
1, An automatic sprinkler system shall be provided throughout all new buildings that have a grOSS
floor area in excess of3.600 square feet or that are three (3) or more stories in height.
2, An automatic sprinkler system shall be provided throughout all existing buildings when
modifications are made that increases the gross floor area to more than 3.600 square feet or
increases the number of stories to three (3) or more.
Exception: One-time additions to existing buildings made after 01/01/2008 that do not
exceed 500 square feet in gross floor area.
3. An automatic sprinkler system shall be provided throughout all new buildings located in the
designated Wildland-Urban Interface areas.
Exception: Any non-habitable structures accessory to single family residences that have a
grOSS floor area of 500 square feet or less.
4. An automatic sprinkler system shall be provided throughout all existing buildings located in the
designated Wildland-Urban Interface areas when modifications are made that increases the
gross floor area.
Exception: One-time additions to existing buildings made after 01/0112008 that do
not exceed 500 square feet in grOSS floor area.
Delete Exception #1 to 903.2
Amend section 903.3 as follows:
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Ordinance No. 07-
903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed 1D
accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards.
16.40.220 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
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 buildine; is sufficiently weather-protected at the location of
the walles).
16.40.230 SECTION 1411
MEANS OF EGRESS
Amend Section 1411.1 as follows:
1411.1 Stairways Required. Vlhere a building has beeR eOBstructed to a height greater th8f1 50 feet
(15,210 mm) or f-our stories, or where an e-xisting building exceeding 50 feet (15,240 mm) in height is
altered, at least ORe teIFlporary lighted stair-Nay shall be provided unless one or more of the permanent
stainvays are erectoo as the construction. progresses.
All floor levels above the first stOry in new multi-story buildings that require 2 exit stairs shall be
provided with at least two usable exit stairways (temporary or permanent) 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 reauired exit stairs may be obstructed on
not more than two contiguous floor levels for the purposes of stairway construction (i.e..
installation of 1MJsum board. painting. flooring. etc.).
Add Section 1411.1.1 to read:
Section 1411.1.1 Reauired Means Of E2ress. All new buildings under construction shall have a least
one unobstructed means of egress. All means of egress shall be identified in the Fire Protection Plan.
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Ordinance No. 07-
16.40.240 SEMICONDUCTOR FABRICATION FACILITIES
16.40.250 DEFINITIONS
Amend the following defmition 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 Y2 IDLH (or 0,05 LC 50 if no established IDLH) in unoccupiable
areas.
Delete Definition: Workstation.
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 NFP A 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:
1908.11 Fire Protection Water Supply System. An approved fire protection water suooly 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 NFP A 24.
16.40.280 TIRE REBUILDING AND STORAGE
Chapter 25 of the 2006 International Fire Code is adopted in its entirety.
16.40.290 HAZARDOUS MATERIALS
16.40.300 GENERAL
Amend Section 2701.2,2,2 to read:
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Ordinance No. 07-
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
16.40.310 DEFINITIONS
Add 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. Hiehly 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 requirements for toxic. highly toxic or moderately toxic gases.
Add Section 2703.1.5 to read:
2703.1.5 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. 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.
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Ordinance No. 07-
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. Back:flow 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)(l03 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.
Exceptions:
1. Piping for inlet connections designed to prevent backflow,
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills shall be provided for piping for liauid
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
pip mg.
Exceptions:
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
subiected to thermal expansion. Chambers shall be sized to provide protection foroiping 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 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, threaded or fl8flgea brazed connections
throughout except for connections within an ventilated exhausted enclosure if the material
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,Ordinance No. 07-
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 defined by the walls of corridors and the floor or
roof above or in concealed space above other occupancies when installed in accordance
with Section 415.8.6.3 of the California Building Code as required for Group H,
Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium
leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in
accordance with an approved, nationally recognized standard. Tests shall be conducted by a
qualified "third party" not involved with the construction of the piping and control systems,
Amend Section 2703.3.1 as follows:
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,
Add Sec. 2703.5.3 to read:
2703.5.2 Ventilation Ductin2. 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. 2703.5.4 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 bv 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,
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Add Sec. 2703.9.10 to read:
2703.9.10 Fire Extin2uishin2 Systems For Workstations Dispensin2. Handlin2 or Usin2
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.
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 500ml.
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 in indiyidaal vessels having a capacity of more than 55 galloru; (208 L)
or if} '.Ymoa aggregate oapacity of multiple vessels eKoeeds 1,000 gallons (37&5 L), 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 ofthe following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised or
recessed sills or dikes.
3, Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When
liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-
grate trench across the opening that connects to an approved collection system,
Amend Section 2704.2.2 as follows:
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 whefl the ae~egate eapacity of the ffi1:11tiple vessels
exceeds the following:
1. Liquids: Capaeitv of an individual vessel eKeeeas 55 gallons (20& L) or the aggregate elif>acity
of multiple '1oosels e-xeeeds 1.000 galloflB (37&5 L): afld
2. Solids: Capacity of an indhiaooI vessel exceeds 550 pO\:lflds (250 kg) or the aggregate capacity
of multiple vessels exceeds 10.000 pounds (4540 kg).
14
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Ordinance No. 07-
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 NFP A 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
ISO-foot (45,720 mm) intervals and at each exit and exit-access doorway throughout the transport
route. The signal shall be relayed to an approved central, proprietary or remote station service or
constantly attended on-site location and shall also initiate a local audible alarm.
16.40.350 CORROSIVE MATERIALS
16.40.360 SECTION 3102 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 bv 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 Title 19 California Code of Regulations Chapter 10 and
,Section 3301.1.1 of this Chapter. For fireworks requirements see Title 19 California Code of
Regulations Chapter 6 and Section 3301.1.2 of this Chapter.
Exceptions:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The possession, storage and use of small arms ammunition when packaged in accordance
with DOTn packaging requirements.
4. The use of explosive materials by federal, state and local regulatory, law enforcement and
fire agencies acting in their official capacities.
5. Items preempted by federal regulations.
Add Section 3301.1.1 to read:
3301.1.1. Explosives. . The possession, manufacture. storage, sale, handling, and use of explosives are
prohibited.
15
23 - 15
Ordinance No. 07-
Exceptions:
1. Possession. storage. handling and use of explosives for test and research purposes is
allowed with permit and approval of the fire code official.
2. Possession. storage. handling and use of squibs. explosive nuts or bolts and similar small
quanti tv explosive devices is allowed with Vermit and approval of the fire code official.
Add Section 3301.1.2 to read:
3301.1.2 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,
Exceptions:
1. Storage. handling and use of fireworks and pyrotechnic special effects outside of buildings
when used for public or proximate audience displavs. motion picture, television. theatrical
and grOUp entertainment productions when handled and used by a licensed pyrotechnic
operator in accordance with Title 19 of the California Code of Regulations and permitted in
accordance with this Chapter.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings.
equipped throughout with an approved fire sprinkler system. when used for proximate
audience displays or special effects in theatrical. television. motion picture and grOUp
entertainment productions and when handled and used by a licensed pyrotechnic operator in
accordance with Title 19 of the California Code of Regulations and permitted in accordance
wi th this Chapter.
Add Section 3301.1.3 to read:
3301.1.3 Model 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,
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 OverfiU 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 IlIA 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,
Exeepo8B: Outside aboveground tanks ....,ith a capacity of 1320 gallOflS (5000 L) or less.
Add section 3404.2.7.5,9 to read:
3404.2.7.5.9 Automatic Fillin2 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.
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Ordinance No, 07-
16.40.400 HIGHLY TOXIC AND TOXIC MATERIALS
16.40.410 GENERAL
Add Sec. 3701.3 to read:
3701.3 Moderatelv Toxic Gases With a LC50 Eaual To Or Less Than 3000 Parts Per Million.
Notwithstanding the hazard class definition in Section 3702. moderately toxic gases with an LCsO 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 ~as or vapor. when administered by continuous inhalation for im hour. or less if
death occurs within one hour. to albino rats weighing between 200 and 300 grams each.
Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas.
which may be stored in a single vessel before a more stringent category of regulation is applied. The
following equation shall be used to calculate the Max TO:
Max TQ (pounds) = LCsO (ppm) x 2 lb.
Gas Mixtures. the LC50 value for a gas mixture containing toxic. highly toxic or moderately toxic
components shall be calculated using the formula in Appendix E. Section 103.1.3.1
Amend Sec. 3704 to read:
16.40.430 IDGHL Y TOXIC. TOXIC AND MODERA TEL Y TOXIC 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.
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23 - 17
Ordinance No. 07-
Add Sec. 3704.1.5 to read:
3704.1.5 Emerl!:ency Control Station. Signals from emergencv eauipment used for highlv toxic gases
shall be transmitted to an emergency control station or other approved monitoring station. which is
continually staffed bv 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 complv
with the additional requirements for highlv toxic gases of Section 3704 of this code,
Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity, in a
single vessel per control area or outdoor control area shall comply with the additional requirements for
toxic gases of Section 3704 of this code
Add Section 3704.1.7 to read:
3704.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highlv
Toxic material and having a vavor 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 safetv control svstems at a facility shall be maintained in good
working condition and tested not less freQuentlv than annually. Maintenance and testing shall be
performed by persons qualified to perform the maintenance and tests. Maintenance records and
certifications shall be available to any representative of the Fire Department for inspection upon
reauest.
Add Section 3704.1.9 to read:
3704.1.9 Fire Extin2uishinl!: Systems. Buildings and covered exterior areas for storage and use areas
of materials regulated bv this Chapter shall be protected by an automatic fire sprinkler system in
accordance with NFPA 13. The design of the sprinkler system for anv 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 bv 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. II
Add Section 3704.1.11 to read:
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Ordinance No. 07-
3704.1.11 Exhaust Ventilation Monitorine:. For highly toxic gases and toxic gases exceeding
threshold quantities, a continuous monitoring system shall be provided to assure that the reQuired
exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm
shall be both visual and audible and shall be designed to provide warning both inside and outside of the
interior storage, use, or handling area.
Add Section 3704.1.12 to read:
3704.1.12 Emere:ency Response Plan. If the preparation of an emergency respOnse plan for the
facility is not required by any other law, res{)onsible 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 Emere:ency 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 Emere.ency Drills. Emergency drills of the on-site emergency resPonse team shall be
conducted on a re~lar 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 Testine:. 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 Pure:e System. Gas systems shall be provided with dedicated inert gas purge
systems, A dedicated inert f!:as 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 ofa 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/sec2) and a period of 0.4 seconds.
Amend Section 3704.2 to read:
19
23 - 19
Ordinance No. 07-
3704.2 Indoor Storage and Use. The indoor storage or use of highly toxic, a:e4-toxic and moderately
toxic compressed gases shall be in accordance with Sections 3704.2.1 through 3704.2.2.10.3.3, The
threshold Quantity for highly toxic, toxic and moderately toxic gases for indoor storage and use are set
forth in Table 3704,2,
Add Table 3704.2 to read:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Stora2e 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, aad-toxic and moderately toxic gases in amounts exceeding the
threshold quantity per control area set forth in Table 2703.1.1(2) Table 3704.2 shall be in accordance
with Sections 2701, 2703,3701, and 3704.1 and 3704,2,
Amend Sec. 3704,2.2 to read:
3704.2.2 General Indoor Requirements. The general requirements applicable to the indoor storage
and use of highly toxic and toxic compressed gases shall be in accordance with Sections 3704.2,2,1
through 3704,2.2.10.3.
Moderately toxic gases with an LC,;o less than 3000 parts per million shall comply with the
requirements for toxic ~ases 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.
Exceptions:
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:
20
23.20
Ordinance No. 07-
1.1. Valve outlets are equipped with gas-tight outlet plug or caps,
1.2. Hand wheel-operated valves have handles secured to prevent movement.
1.3. Approved containment vessels or containment systems are provided in accordance
with Section 3704.2.2.3.
2, Toxic gas liSe. Treatment systems are not required for toxic gases sttp~lied by oylinders or
portable tanks not exoeeding 1,700 pounds (772 kg) \....ater capacity when the following are
proyided:
2.1, .".. listed or appro\<ed gas detection system with a sensing interval not exceeding 5
mimltes.
2.2. .\ listed or approyoo aatomatie elosing fail safe valve loeated immediately adjaoent to
cylinder or portable tank val Yes. The fail safe '..alve shall olose when gas is detected at
the PEL by a gas deteotion system mOl'Htoring the exhallilt system at the point of
diseharge from the gas eabinet, eKhausted enelos:are, '..entilated enclOSl:lf0 or gas room.
The gas detection system shall comply with SectioR 3701.2.2,10.
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 shatt provide warning both inside and outside the area where the gas is
detected. The audible alarm shall be distinct from all other alarms.
ExeeptieB:
Signal transmission to a cOl'lstantly attended control station is not reqt:lired where not more than
one eylieder of highly toxia or toxio gas is stored.
Amend Section 3704.3 to read:
3704.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, aed-toxic and
moderatelv toxic compressed gases shatt 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
Stora2e and Use
Hllihiy 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 3704.3.1J.
through 3704.3.1.3.
Amend Section 3704.3.1.1
21
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Ordinance No. 07-
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 exceedin~ the
threshold quantity in Table 3704.3 shall comply with the requirements for toxic gases in Sections
2701. 2703. 3701. 3704.1 and 3704.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 3704,3 shall comply with
the requirements for toxic gases in Sections 2701. 2703. 3701. 3704.1 and 3704:3.2,1 through
3704.3.2,5.
Amend Section 3704.3.3 to read:
3704.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders. Weather
protection in accordance with Section 2704.13 and this section shall be provided for portable tanks and
cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall
be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1 2704.5.
Exeepti8B: fJl automatio sprinkler system is Iiet re<f1:lired when:
1. All materials ueder the '."leather protection structure, inoluding hazardous materials and the
oofl-tainers in ':Ihieh they are stored, are noneombustible,
2. The v:eather proteotion structure is looated not less thlH'l 30 feet (9114mm) from
eombUBtiBle materials or structures or is separated from sueh materials or structures using
afire barrier complying with SeotioB. 3704.3.2.1.1.
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE
FIRE AREAS
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
22
23 - 22
Ordinance No. 07-
attested, shall be on file in the Office of the City Clerk of the City of Cupertino.
16.40.470 FIRE PROTECTION PLAN
Add Section 4703.1 to read:
4703.1 General. When reauired by the code official, a fire protection plan shall be prepared.
Add Section 4703.2 to read:
4703.2 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 eauipment defensible space and vegetation management.
Add Section 4703.3 to read:
4703.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the
applicant.
Add Section 4703.4 to read:
4703.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
16.40.480 DEFENSmLE SPACE
Add SeCtion 4707.1 to read:
4707.1 General. Persons owning. leasing. controlling, operating or maintaining buildings or structures
in, upon or adioining the Wildland-Urban Interface Fire Area and persons owning. leasing or
controlling land adiacent 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 fonn 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) from such buildings or
structures. 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: 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.
23
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Ordinance No. 07-
4. Maintain trees adiacent 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 4707.2 to read:
4707.2 Corrective Actions. The executive body is authorized to instruct the fire code official to give
notice to the owner of the property uoon which conditions regulated by Section 4707.1 exist to Correct
such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause
the same to be done and make, the expense of such correction a lien upon the property where such
condition exists.
Add Section 4714 to read:
16.40.490 ACCESS
Add Section 4714,1 to read:
4714.1 General. Buildings and structures. or portions thereof. hereafter constructed or relocated into
(' or within wildland-urban interface areas shall be provided with fire apparatus access in accordance
, with this chapter.
Add Section 4714.2 to read:
4714.2 Driveways. Driveways with an all-weather surface shall be provided when any portion of an
exterior wall of the first stOry of a building is Jocated more than 150 feet (45 720 mm) from a fire
apparatus access road. Driveways shall provide a minimum unobstructed width of 12 feet (3658 mm)
and a minimum unobstructed height of 13 feet 6 inches (4115 mm). Driveways in excess of 150 feet
(45 720 mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60 960
mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts in addition to
turnarounds. An all-weather surface shall be any surface material acceptable to the code official.
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.
Drivewa 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 t. e code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design
loads for bridges shall be established by the code official.
Add Section 4714.3 to read:
4714.3 Fire Apparatus Access Roads. Fire apparatus access roads shall be all weather roads with a
24
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Ordinance No. 07-
minimum width of 20 feet (6096 nun) and a clear height of 13 feet 6 inches (4115 nun); and shall be
designed in accordance with Fire Department Standards. Dead-end roads in excess of 150 feet (45 720
mm) in length shall be provided with turnarounds designed in accordance with Fire Department
Standards. An all-weather road surface shall be any surface material acceptable to the code official.
Add Section 4715 to read:
16.40.500 WATER SUPPLY
Add Section 4715.1 to read:
4715.1 General. Buildings and structures, or pOrtions thereof. hereafter constructed or relocated into
or within wildland-urban interface areas shall be provided with fire protection water supplies in
accordance with this chapter.
Exception:
Buildings containing only private garages. carports. sheds and agricultural buildings with a
building area of not more than 500 square feet (56 m2).
Add Section 4715.2 to read:
4715.2 Water Sources. The point at which a water source is available for use shall be located not
more than 600 feet from all portions of the exterior walls of the building and be approved by the code
official. The distance shall be measured along an unobstructed line of travel.
Water sources shall have a minimum usable water volume as determined by the adequate water supply
needs in accordance with Section 4715.4. This water source shall be equipped with an approved
hydrant. The water source shall be provided and maintained by a recognized water purveyor. mutual
water company or water pumped from a well, The design. construction. location. water level
maintenance. access, and access maintenance of man-made water sources shall be approved by the
code official.
Add Section 4715.3 to read,:
4715.3 Hydrants. All hydrants shall be designed and constructed in accordance with nationally
recognized standards. The location and access shall be approved by the code official.
Add Section 4715.4 to read:
4715.4 Adeauate Water Supply. AdeQuate fire protection water supplies shall be as follows:
1. One- And Two-Familv Dwellinf!s. The required fire protection water supply for one- and two-
family dwellings shall be in accordance with Appendix B.
The water supply duration need not exceed 30 minutes.
2, Buildinf!s Other Than One- And Two-Family Dwellinf!s. The water supply required for
buildings other than one-and two-family dwellings shall be in accordance with Appendix B.
25
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Ordinance No. 07-
Exception:
The water supply duration need not exceed 2 hours.
Add Section 4715.5 to read:
4715.5 Obstructions. Access to all water sources required by this, code shall be unobstructed at all
times, The code official shall not be deterred or hindered from gaining immediate access to water
source equipment. fire protection equipment or hydrants.
Add Section 4715.6 to read:
4715.6 Identification. Water sources. hydrants and fire protection equipment shall be clearly
identified in a manner approved by the code official to identify location and to prevent obstruction by
parking and other obstructions,
Add Section 4715.7 to read:
4715.7 Testin2 And Maintenance. Water sources. hydrants and other fire protection equipment
required by this code shall be subiect to periodic tests as required by the code official. All such
equipment installed under the provisions of this code shall be maintained in an operative condition at
all times and shall be repaired or replaced where defective, Additions. repairs. alterations and servicing
of such fire protection equipment and resources shall be in accordance with approved standards.
Add Section 4715.8 to read:
4715.8 Clearance Of Fuel. Defensible sPace shall be provided around water tank structures. water
supply pumps and pump houses in accordance with Section 4707.
Add Section 4715,9 to read:
4715.9 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.
Exceptions:
1. When approved by the code official. a standby power supply is not required where the
primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility serves no
more than one single-family dwelling.
Add Section 4716 to read:
16.40.550 AUTOMATIC FIRE SPRINKLER SYSTEMS
Add Section 4716,1 to read:
4716.1 General. Buildings and structures located in wildland-urban interface areas shall be provided
26
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Ordinance No, 07-
with automatic fire sprinkler protection in accordance with this chapter,
Add Section 4716.2 to read:
4716.2 New Buildin2S. An approved automatic fire sprinkler syStem shall be provided throughout all
new buildings located in the wildland-urban interface area.
Exception:
Accessory structures to single-family residences that are non-residential and that have a gross
floor area of 500 square feet or less.
Add Section 4716.3 to read:
4716.3 Existin2 Buildines. An approved automatic fire sprinkler system shall be provided throughout
all existing buildings located in the wildland-urban interface area when modifications are made that
increase the gross floor area
Exception:
One-time additions to existing buildings made after 01/01/08 that do not exceed 500 square feet
in grOSS floor area.
Add Section 4717 to read:
16.40.560 GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL
Add Section 471 7,1 to read:
4717.1 General
Add Section 4717.1.1 to read:
4717.1.1 Scope. The provisions of this chapter establish general requirements applicable to new and
existing properties located within wildland-urban interface areas.
Add Section 4717.1.2 to read:
4717.1.2 Obiective. The obiective of this appendix is to provide necessary fire-protection measures to
reduce the threat of wildfire in an wildland-urban interface area and iml'rove the capability of
controlling such fires.
Add Section 4717.2 to read:
4717.2 Veeetation Control
Add Section 4717.2.1 to read:
4717.2.1 General. Vegetation control shall comply with Sections 4717,2,2 through 4717.2,5.
Add Section 4717.2.2 to read:
4717.2.2 Maintenance Of Defensible Space
27
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Ordinance No, 07-
Add Section 4717,2.2.1 to read:
4717.2.2.1 General. Defensible spaces required by 4707 shall be maintained in accordance with
Section 4717.2.2.
Add Section 4717,2.2.2 to read:
4717.2.2.2 Modified Area. Non-fire-resistivevef!etation or growth shall be kept clear of buildings or
structures, in accordance with Section 4707(1). in such a manner as to provide a clear area for fire
suppression operations.
Add Section 4717.2.2.3 to read:
4717.2.2.3 Responsibility. Persons owning, leasing, controlling, operating or maintaining buildings or
structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space
shall include modifying or removing non fife-resistive vegetation and keeping leaves, needles and other
dead vegetative material regularly removed from roofs of buildings and structures.
Add Section 4717.2.2.4 to read:
4717.2.2.4 Trees. Tree crowns extending to within 10 feet (3048 mm) of any structure shall be pruned
to maintain a minimum horizontal clearance of 10 feet (3048 rom). Tree crowns within the defensible
space shall be pruned to remove limbs located less than 6 feet (1829 rom) above the ground surface
adiacent to the trees.
Portions of tree crowns that extend within 10 feet (3048 nun) of the outlet of a chimney shall be
pruned to maintain a minimum horizontal clearance of 10 feet (3048 nun).
Deadwood and litter shall be regularly removed from trees.
Add Section 4717.2.3 to read:
4717.2.3 Clearance Of Brush Or Vee:etative Growth From Roadways. The code official is
authorized to require areas within 10 feet (3048 nun) on each side of portions of fire a{lparatus 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, ivv, succulents or similar plants used as ground cover. provided they do not form a
means of feadily transmitting fire.
Add Section 4717.2.4 to read:
4717.2.4 Clearance Of Brush And Veeetative Growth From Electrical Transmission And
Distribution Lines.
Add Section 4717.2.4.1 to read:
4717.2.4.1 General. Clearance of brush and vegetative growth from electrical transmission and
distribution lines shall be in accordance with Section 4717.2.4.
28
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Ordinance No. 07-
Exception:
Section 4717.2.4 does not authorize persons not having legal right of entry to enter on or
damage the property of others without consent of the owner.
Add Section 4717.2.4.2 to read:
4717.2.4.2 Support Clearance. Persons owning. controlling. operating or maintaining electrical
transmission or distribution lines shall have an approved program in place that identifies poles or
towers with equipment and hardware types that have a history of becoming an ignition source. and
provides a combustible free space consisting of a clearing of not less than 10 feet (3048 mm) in each
direction from the outer circumference of such pole or tower during such periods of time as designated
by the code official.
Exception:
Lines used exclusively as telephone. telegraph. messenger call. alarm transmission or other
lines classed as communication circuits by a public utility,
Add Section 4717,2.4.3 to read:
4717.2.4.3 Electrical Distribution And Transmission Line Clearances.
Add Section 4717.2.4.3.1 to read:
4717.2.4.3.1 General. Clearances between vegetation and electrical lines shall be in accordance with
4717,2.4.3.
Add Section 4717.2.4.3.1 to read:
4717.2.4.3.2 TrimmioS! Clearance. At the time of trimming. clearances not less than those established
by Table 4717,2.4.3,2 shall be provided. The radial clearances shown below are minimum clearances
that shall be established. at time of trimming. between the vegetation and the energized conductors and
associated live parts,
Add Table 4717.2.4.3.2 to read:
TABLE 4717.2.4.3.2
MINIMUM CLEARANCES BETWEEN VEGETATION
AND ELECTRICAL LINES AT TIME OF TRIMMING
LINE VOLTAGE MINIMUM RADIAL CLEARANCE
FROM CONDUCTOR (feet)
2,400-72,000 4
72,001-110,000 6
110,001-300,000 10
300,001 or more 15
For SI: 1 foot = 304.8 nun.
Exception:
29
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Ordinance No. 07-
The code official is authorized to establish minimum clearances different than those specified
by Table 4717.2.4.3,2 when evidence substantiating such other clearances is submitted to and
approved by the code official,
Add Section 4117.2.4.3.3 to read:
4717.2.4.3.3 Minimum Clearance To Be Maintained. Clearances not less than those established by
Table 4717,2.4.3.3 shall be maintained during such periods of time as designated by the code official.
The site-specific clearance achieved. at time of pruning. shall vary based on species growth rates. the
utility company-specific trim cycle. the potential line sway due to wind. line sag due to electrical
loading and ambient temperature and the tree's location in proximity to the high voltage lines.
Exception:
The code official is authorized to establish minimum clearances different than those specified
by 4717.2.4.3.3.3 when evidence substantiating such other clearances is submitted to and
approved by the code official.
Add Table 4717.2.4,3.2 to read:
TABLE 4717.2.4.3.3
MINIMUM CLEARANCES BETWEEN VEGETATION AND
ELECTRICAL LINES TO BE MAINTAINED
LINE VOLTAGE MINIMUM CLEARANCE (inches)
750-35,000 6
35,001-60,000 12
60,00lM115,OOO 19
115,001-230,000 30.5
230,001-500,000 115
For SI: 1 inch = 25.4 mm.
Add Section 4717.2.4.3.4 to read:
4717.2.4.3.4 Electrical Power Line Emer2encies. During emergencies. the utility shall perform the
reQuired work to the extent necessary to clear the hazard. An emenzency can include situations such as
trees falling into power lines.' or trees in violation of Table 4717.2.3.3.3.
Add Section 4717.2,5 to read:
4717.2.5 Correction Of Condition. The code official is authorized to give notice to the owner of the
property on which conditions regulated by Section 4717.2 exist to correct such conditions. If the owner
fails to correct such conditions. the legislative body of the jurisdiction is authorized to cause the same
to be done and make the expense of such correction a lien on the property where such condition exists.
Add Section 4717.3 to read:
4717.3 Access Restrictions
30
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Ordinance No, 07N
Add Section 4717.3.1 to read:
4717.3.1 Restricted Entry To Public Lands. The code official is authorized to determine and
publicly announce when wildland-urban interface areas shall be closed to entry and when such areas
shall again be opened to entry. Entry on and occupation of wildland-urban interface areas. 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.
Exceptions:
1. Residents and owners of private property within wildland-urban interface areas and their
invitees and guests going to or being on their lands.
2. Entry. in the course of duty. bv peace or police officers. and other duly authorized public'
officers. members of a fire department and members of the Wildland Firefighting Service.
Add Section 4717.3.2 to read:
4717.3.2 Trespassine. On Posted Private Property.
Add Section 4717.3,2.1 to read:
4717.3.2.1 General. When the code official determines that a specific area within an wildland-urban
interface area presents an exceptional and continuing fire danger because of the density of natural
growth. difficulty of terrain. proximity to structures or accessibility to the public. such areas shall be
restricted or closed until changed conditions warrant termination of such restriction or closure. Such
areas shall be posted in accordance with Section 4717.3.2.2.
Add Section 4717.3.2.2 to read:
4717.3.2.2 Sie.ns. Approved signs prohibiting entry by unauthorized persons and referring to this code
shall be placed on every closed area.
Add Section 4717.3.2.3 to read:
4717.3.2.3 Trespassine. Entering and remamm2 within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas~ their
guests or invitees~ authorized persons engaged in the operation and maintenance of necessary utilities
such as electrical power. 2as. telephone. water and sewer~ and local. state and federal public officers
and their authorized agents acting in the course of duty.
Add Section 4717.3.3 to read:
4717.3.3 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 bv a cable., gate or sign. without the uermission of the property
owners. Vehicles shall not be parked in a manner that obstructs the entrance to a fire road or defensible
space,
Exception:
31
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Ordinance No. 07-
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.
Add Section 4717,3.4 to read:
4717.3.4 Use Of Motorcvcles. Motor Scooters. Ultra li2ht Aircraft And Motor Vehicles.
Motorcycles, motor scooters. ultra light aircraft and motor vehicles shall not be operated within
wildland-urban interface areas. without a pe1i.nit by the code official. except on clearly established
public or private roads. Permission from the property owner shall be presented when requesting a
permit.
Add Section 4717.3.5 to read:
4717.3.5 Tamperin2 With Locks. Barricades. Sims And Address Markers. Locks. barricades.
seals. cables. signs and address markers installed within wildland-urban interface areas. 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.
Add Section 4717.4 to read:
4717.4 12nition Source Control
Add Section 4717.4.1 to read:
4717.4.1 General. Ignition sources shall be in accordance with Section 4717.4.
Add Section 4717.4.2 to read:
4717.4.2 Objective. Regulations in this section are intended to provide the minimum reQuirements to
prevent the occurrence of wildfires.
Add Section 4717.4.3 to read:
4717.4.3 Clearance From Imition Sources. Clearance between ignition sources and grass. brush or
other combustible materials shall be maintained a minimum of30 feet (9144 rom).
Add Section 4717.4,4 to read:
4717.4.4 Smokin2. When reQuired bv 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 bv the code official.
Add Section 4717.4.5 to read:
32
23-32
Ordinance No. 07-
4717.4.5 Eauipment And Devices Generatintz Heat. Sparks Or Open Flames. EQuipment and
devices generating heat. sparks or open flames capable of igniting nearby combustibles shall not be
used in wildland-urban interface areas without a permit from the code official.
Exception:
Use of approved e(juipment in habitated premises or designated campsites that are a minimum
of30 feet (9144 rom) from grass-. grain-. brush- or forest-covered areas.
Add Section 4717.4.6 to read:
4717.4.6 Fireworks. Fireworks shall not be used or possessed in wildland-urban interface areas.
Add Section 4717.4.7 to read:
4717.4.7 Outdoor Fires.
Add Section 4717.4.7.1 to read:
4717.4.7.1 General. No person shall build. ignite or maintain any outdoor fire of any kind for any
purpose in or on any wildland-urban interface area. except by the authority of a written permit from the
code official.
Exception:
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 rom) from any combustible material or non-fire-resistive vegetation.
Add Section 4717.4.7.2 to read:
4717.4.7.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard
public safety and property. Outdoor fires shall not be built. ignited or maintained in or on hazardous
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.
Add Section 4717.4.7.3 to read:
4717.4.7.3 Restrictions. No person shall use a permanent barbecue. portable barbecue. outdoor
fireplace or grill for the disposal of rubbish. trash or combustible waste material.
Add Section 4717.4.8 to read:
4717.4.8 Outdoor Fireplaces. Permanent Barbecues And Grills. Outdoor fireplaces. permanent
barbecues and grills shall not be built. installed or maintained in wildland-urban interface areas without
approval of the code official.
Outdoor fireplaces. permanent barbecues and grills 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.
33
23 - 33
Ordinance No. 07-
Exception:
When approved by the code official. unprotected openings in barbecues and grills necessary for
proper functioning.
Add Section 4717.4.9 to read:
4717.4.9 Reckless Behavior. The code official is authorized to stop any actions of a person or persons
if the official determines that the action is reckless and could result in an ignition of fire or spread of
fire.
Add Section 4717.4.10 to read:
4717.4.10 Plantine: Ve2etation Under Or Adiacent To Ener2ized Electrical Lines. No vegetation
shall be planted under or adiacent to energized power lines that. at maturity. shall grow within 10 feet
(3048 rom) of the energized conductors.
Add Section 4717.5 to read:
4717.5 Control ofStora2e
Add Section 4717.5.1 to read:
4717.5.1 General. In addition to the reQuirements of the International Fire Code. storage and use of the
materials shall be in accordance with Section 4717.5.
Add Section 4717.5.2 to read:
4717.5.2 Hazardous Materials. Hazardous materials in excess of 10 gallons (37.8 L) of liQuid. 200
cubic feet (5.66 m 3) of gas. or 10 pounds (4.54 kg) of solids require a permit and shall comply with
nationally recognized standards for storage and use.
Add Section 4717.5.2.1 to read:
4717.5.2.1 Liauefied Petroleum Gas Installations
Add Section 4717.5.2.1.1 to read:
4717.5.2.1.1 General. The storage of liquefied petroleum gas (LP gas) and the installation and
maintenance of pertinent equipment shall be in accordance with the California Fire Code and
reco gnized standards.
Add Section 4717.5.2.1 to read:
4717.5.2.1.2 Location of Containers. LP-gas containers shall be located within the defensible space in
accordance with the California Fire Code.
Add Section 4717.5.3 to read:
4717.5.3 Explosives. Explosiyes shall not be possessed. kept. stored. sold. offered for sale. given
away. used. discharged. trallSllorted or disposed of within wildland-urban interface areas.
Add Section 4717.5.4 to read:
4717.5.4 Combustible Materials.
34
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Ordinance No. 07-
Add Section 4717.5.4.1 to read:
4717.5.4.1 General. Outside storage of combustible materials such as. but not limited to. wood. rubber
tires. building materials or paper products shall comply with the other applicable sections of this code
and this section.
Add Section 4717.5.4.2 to read:
4717.5.4.2 Individual Piles. Individual piles shall not exceed 5.000 square feet (465 m 2) of
contiguous area. Piles shall not exceed 50,000 cubic feet (1416 m 3) in voll.ime or 10 feet (3048 mm) in
height.
Add Section 4717.5.4.3 to read:
4717.5.4.3 Separation. A clear space of at least 40 feet (12 192 rom) shall be provided between piles.
The clear space shall not contain combustible material or non-fire-resistive vegetation.
Add Section 4717.5.4.4 to read:
4717.5.4.4 Stora2e Of Firewood And Combustible Materials
Add Section 4717.5.4.4.1 to read:
4717.5.4.4.1 General. Firewood and combustible material shall not be stored in unenclosed spaces
beneath buildings or structures. or on decks or under eaves. canopies or other projections or overhangs.
When reQuired by the code official. storage of firewood and combustible material stored in the
defensible space shall be located a minimum of 20 feet (6096 mm) from structures and separated from
the crown oftrees by a minimum horizontal distance of 15 feet (4572 mm).
Add Section 4717.5.4.4.2 to read:
4717.5.4.4.2 Stora2e For Off-Site Use. Firewood and combustible materials not for consumption on
the premises shall be stored so as to not pose a hazard.
Add Section 4717.6 to read:
4717.6 Dumpin2
Add Section 4717.6.1 to read:
4717.6.1 Waste Material. Waste material shall not be placed. deposited or dumped in wildland-urban
interface areas. or in. on or along trails. roadways or highways or against structures in wildland-urban
interface areas.
Exception:
Approved public and approved private dumlJing areas.
Add Section 4717.6.2 to read:
4717.6.2 Ashes And Coals. Ashes and coals shall not be placed. deposited or dumped in or on
wildland-urban interface areas.
Exceptions:
35
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Ordinance No. 07-
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 rom) 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 nun) from non-fire-resistive vegetation or structures.
Add Section 4717.7 to read:
4717.7 Protection Of Pumps And Water Stora2e Facilities
Add Section 4717.7.1 to read:
4717.7.1 General. The reliability of the water supply shall be in accordance with Section 4717.7.
Add Section 4717.7.2 to read:
4717.7.2 Obiective. The intent of this section is to increase the reliability of water storage and
pumping facilities and to protect such systems against loss from intrusion by fire.
Add Section 4717.7.3 to read:
4717.7.3 Fuel Modification Area. Water storage and pumping facilities shall be provided with a
defensible space of not less than 30 feet (9144 mm) clear of non-fire-resistive vegetation or growth
around and adiacent t~ such facilities.
Persons owning. controlling. operating or maintaining water storage and pumping systems requiring
this defensible space are responsible for clearing and removing nonfire-resistive vegetation and
maintaining the defensible space on the property owned. leased or controlled by said person.
. Add Section 4 717.7.4 to read:
4717.7.4 Trees. Portions of trees that extend to within 30 feet (9144 nun) of combustible portions of
water storage and pumping facilities shall be removed.
Add Section 4717.7.5 to read:
4717.7.5 Protection Of Electrical Power Supplies. When electrical pumps are used to provide the
TC(jUired water supply. such pum1>s shall be connected to a standby power source to automatically
maintain electrical power in the event of power loss. The standby power source shall be capable of
providing power for a minimum of two hours in accordance with the Electrical Code.
Exception:
A standby power source is not required where the primary power service to pumps are
underground as approved by the code official. '
Add Section 4717.7.8 to read:
4717.8 Land Use Limitations
Add Section 4717.8.1 to read:
36
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Ordinance No. 07-
4717.8.1 General. Temporary fairs. carnivals. public exhibitions and similar uses must comply with all
other provisions of this code in addition to enhanced ingress and egress requirements.
Add Section 4717.8.2 to read:
4717.8.2 Obiective. The increased public use of land or structures in wildland-urban interface areas
also increases the potential threat to life safety. The provisions of this section are intended to reduce
that threat.
Add Section 4717.8.3 to read:
4717.8.3 Permits. Temporary fairs. carniyals. public exhibitions or similar uses shall not be allowed in
a designated wildland-urban interface area. except by permit from the c~de official.
Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and
property.
APPENDIX CHAPTER 1
16.40.570 PERMITS
Section 105.1.4 is added to read as follows
105.1.4 Construction permit fees. Construction permit fees and plan reyiew 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 VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2,000.00
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each
additional $1,000.00, or fraction thereof, to and including
$50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each
additional $1,000.00, or fraction thereof, to and including
37
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Ordinance No. 07-
$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
16.40.580 105.1.5 Operational permit fees. Operational pennit 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 - Annuallv
B. More than 6 persons $ 75.00 - Annually
2. Day Care Facilities
More than 6 clients $35.00 w Annually
3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane Structures, Tents and Canopies $85.00 - Each occurrence
(Only those requiring permits in accordance with Section
105.6.43).
16.40.590 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
Appendix Chapter I, 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.
Exceptions:
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.
38
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Ordinance No. 07-
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 filed pursuant to Section
8001.13. This 30-dayperiod may be waived by the chief if there are special circumstances requiring
such waiver.
16.40.600 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 Appendix Chapter I, Table
105.6.10 or to install a cryo~enic 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.
16.40.610 Amend Table 105.6.20 to read:
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 nounds
Highly toxic materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-IV Any Amount
Liquids: Class V No Permit Required
Solids: Class I-IV Any Amount
Solids: Class V No Permit Required
Oxidizing materials:
Gases 504 Cubic Feet
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
39
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Ordinance No. 07-
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:=: 0.454kg.
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 of20 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 of200 pounds or less.
Section 105.6.48 is added to read as follows:
16.40.620 105.6.48 Day care facility. An o~erational permit is required to operate a business as a day
care facility for more than 6 people.
16.40.630 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 ofthis Section. an institution shall be. hut 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.)
INSPECTIONS
16.40.640 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
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Ordinance No. 07-
issues notice of final clearance of such fire protection facilities and access ways to the Building
Department.
VIOLATIONS
16.40.640 Delete Section: 109.3 Violation penalties
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