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CC Resolution No. 4408 A• ' l ' ' . RESOLUTION N0. 4408 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING EXPRESS FINDING THAT CERTAIN MODIFICATIONS OR CHANGES HERETOFORE 1_uIADE TO THE UNIFORM FIRE CODE (197.3 EDITION) ARE NEEDED RECITALS: ~ (a) Section 17985.5 of the Health and Safety Code (added in 1970) provides, in part: "In adopting the ordinance or regulations pursuant to Section 17958 (relating to regulation adopted by the Commission of Housing and Community Development, pursuant to Section 17922, establishing uniform housing code requirements), a city...may make such changes or modifications in the requirements contained in regulations adopted pursuant to Section 17922 as it determines are reasonably necessar because of local conditions". Emphasis Supplied. (b) Section 17958.7 (added in 1970;) provides, in part: "The governing body of a city...making any modifications or changes pursuant to Section 17958.5 shall make an express finding that such modifications or changes are needed. ' Such finding shall be available as a public record and a copy, together with the modific- ~ ation or change, filed with the Department (of Housing and Community Development)..." (Emphasis Supplied.) (c) On June 17, 1974, the City Council of the City of Cupertino enacted Ordinance No. 628, entitled "AN ORDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER 16.40 TO THE MUNICIPAL CODE BY ADOPTING THE "UNIFORM FIRE CODE", 1973 EDITION AND APPROPRIATE EXCEPTIONS THERETO". A copy of Chapter 16.40 of the Cupertino Municipal~Code is attached hereto, marked Exhibit "A",~and made a part hereof by reference. (d) Section 17958.5 of the Health and Safety Code was amended in 1976, effective January 1, 1977, to provide, in part: ' (b) If, prior to the effective date of this subdivision, the governing body of a city...has failed to file the express finding, the governing body shall file the express finding with the department within 90 days after the e~fective date of this subdivision. If the express find- ing is not so filed within such 90 days, the modification or change shall have no force or effect on and after such date." (e) On February 16, 1967, the Fire Marshall of the County of Santa Clara, State of California, submited to the City of Cupertino proposed express findings, which are attached hereto, marked Exhibit "B", and made a part hereof by reference, relating to the following Sections of Chapter 16.40 of the Cupertino Municipal Code, and of the Uniform Fire Code: Municipal Code Uniform Fire Code Section 16.40.100 Section 13.301(d) Section 13.309.1 Section 13.310(d) Section 13.311(a) . Section 13.312(d) Section 13.313 Section 13.314(a) Section 16.40.160 Section 24 of Appendix E NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, State of California, as follows: 1. The proposed express findings set forth in Exhibit "B" are hereby adopted; 2. Upon the basis thereof, it is hereby found that the modifications or changes to the Uniform Fire Code (1973 Edition) set forth in paragraph (e) of the Recitals, above, are needed; and, - 2 - 3. The City Clerk is hereby directed to make a public record of this Resolution, and to file a certified copy thereof with the California Department of Housing and Community Development prior to April l, 1977. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 7th day of March, 1977, by the following vote: AYES: Jackson, Nellis, 0'Keefe, FrolicM~iembers of the City Council NOES : None ABSENT : Meyers ABSTAIN : None APPROVED: /s/ Donald A. Frolich ~ Mayor, City of Cupertino Pro Tempore ATTEST: /s/ Wm. E. Ryder City Clerk - 3 - ' 16.40.010--16.40.020 ~ ~ . Chapter 16.40 , FIRE CODE S.ections: ~ ~ 16.40.010 Adoption. 16.40.,020 Admiriistration. ~ . ~ 16.40.030 Section 1.205 amended--Authority. • 16.40.040 ~ection 1.2~5 amended--Board of appeals. 16.40.050 Permits and certificates. 16.40.060 Section 8.109 added--Compressed gases. ~ 16.40.070 Exits. 16.40.080 Explosives and blasting agents. 16.40.090 Fireworks--Manufacture, sale and discharge. 16.40.100 Fire protection. . ' . ~ 16.40.110 Flammable and combustible liquids. ~ ~ 16.4U.120 Liq.uefied petroleum gases. 16.40.130 Places of.assembly.. 16.40.140 General pre.cautions against fire. . 16.40.150 Welding and cutting calcium carbide and acetylene. 16.40.160 Suppression and control of hazardous fire areas. 16.40.170 Effective date. ~ ~ 16.40.010 Adoption._ The fire prevention code for the City shall be the 1973 Edition of the Uniform Fire Code, •including Appendices A, B, C, D and E only; as compiled and published by the znternational Conference of Building Offi~. cials and the Western Fire.Chiefs Association, Inc. Said Uniform Fire Code, three copies of which have been filed for use and examination by the public in the office of the City . Clerk is hereby referred_to, and, except as to omissions, amendments and additions hereinafter noted,~is adopted and made a part hereof, the same as if fully set forth in this article. (Ord. 628 (part), 1974). ~ ~16.40.020 Administration. The City Manager, through the powers vested~ by the City Council, shall have the autho- rity to delegate any and all responsibility for the mainte- nance 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 De- partment," "Fire Prevention Bureau," "Fire Ghief" and other such similar words are used, they shall mean and refer to ~ such legal entity designated by the City~Manager of Cuper- tino 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. ~ ~ ~ • ~ (Cupertino 10/15/74) EXH ~~~1~ ~ • , , 16.40.030--16.40.050 ~ ~ ~ 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 Cu- ~ pertino. . 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. 628(part), 1974). ~ . 16.40.030. Section 1.205 amended-=Authority. Section 1.205 is amended to read as follows: "The Chief and his designated.representatives shall ha~ve the powers of peace ~ officers i~n the performance of their duties under the pro- visions of this Code." (Ord. 628(part), 1974). ' 16.40.040 Section 1.215 amended--Board of ap eals. Section 1.215 is amended to read as follows: "(a) The Public Safety Commission of the City of Cupertino shall serve as Board of Appeals, provided however that the City Council shall have the final right of decision on any mat- ~ ters falling within tYie provisions of.this Code. "(b) In order to determine the suitability of alter- ~ ~ nate.materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, . there shall be and hereby is created a Board of Appeals, . consisting of five memebers who are qualified by experience and training to pass upon pertinent~matters. The Secret~ary . to the Public Safety Commission shall be an ex officio member and shall act as Secretary of the Board. ~The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure. The Board shall adopt rea- ~ ~ sonable rules and regulations for conducting its investi-~ ~ gations and shall render all decisions and f.indings in writing to the City Manager and the City Council with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consis.tent there- with:" (Ord. 628(part), 1974.). 16.40.050 Permits and certificates. A. Section 1.301 ~ (c) is added to read as follows: "It shall be unlawful for any person to conduct or maintain any business, occupancy or , activity, that requires a permit by this Code without first securing the proper permit from the City: No person shall ~ continue to conduct or maintain any such business, occupancy or activity.when such permit becomes invalid." ~ r~ ~ ~ ~ ~ 295-2 (Cupertino 10/15/74) • . ~ 16.40.050 ~ B. Section 1..302(a) is amended to read as follows: ~ "Application for Permit. All applications for permits, ~ except limited burning permits, shall be made to the City in such form and detail as it may prescribe. Application for . limited burning permits shall be made at the Fire Department . in which the burning is to take place." C. Section 1.302(b) is added to read as follows: "The City Council may (by resolution) establish a schedule of fees to be charged and collected by the City for the issuance of any such permits required under the provisions of this ~ Code and for the checking and inspecting services relativ~ to these provisions. A copy of such f~e schedules shall be maintained in the office of the City Clerk and such~other ~ locations as may be deemed necessary for public inspection. D. Section 1.309 is added to read as follows: "Permits Issued Prior to this Code. Permits issued by the City prior ' , to the adoption of this Code, to maintain and operate any occupancy or use in accordance with the provisions of any ~ ordinance_heretofore existing, shall remain in effect for not longer than one (1) year after the date of adoption of this Code. Such permits shall thereafter be renewed as required in Section 1.301(b) of this Code." E. Section T.310 is added to read as follows: "Permits Required. (a) A permit shall be required to install, alter ~ or change, unless otherwise herein noted, any fire hydrant system; fire extinguishing system; fire alarm system; ~ flammable liquid, hazardous chemical or compressed gas installation. "(b) It shall be unlawful to operate, maintain or use any.Institution until all state and local laws and regula- . ~ tions governing safety from fire and panic have been satis- factorily complied with and a permit from the City has been . obtained for that occupancy. (For the purpose of this . section, an Institu~ion shall be, but is not limited to: ~ Hospital~;.Children's Home; Institution; 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; Out-of- home Placement facilities; Halfway House; and Day Care Nurseries; or similar facility of any capacity).." F. Section 1.311 is added to read as follows: "Posting and Inspection: Every permit shall be posted on the premises or shall be kept on file on the premises so as to be readily . available for inspection. No portion of any equipment intended to be covered by earth or by enclosure within permanent portions of a building or structure shall be enclosed until inspected and approved. An inspection•shall be requested prior to covering or enclosing of any such ~ equipment. Such request shall be made not less than twenty- four (24) hours prior to the estimated time of inspection, ~ and in no case, later than 4:00 p.m. on the last working day r; , 295-3 (Cupertino 10/15/74) ~ _ . ' 16.40.060--16.40.070 ~ ~ prior to the requested date of inspection. Such installation ~ shall not be covered until after it has been inspected by an ~ authorized person. "When the construction or installation work is completed ~ and the appliance, device, equipment or system is ready for operation or use, but before being operated or used, a firial ~ inspection shall be requested. Such r.equest shall be made in the same manner as,set forth above. No such.appliance,.de- vice or equipment shall be used or operated until the instal- lation has been approved by the authorized person making the final inspection. No such appliance, .device, equipment or system shall be used until final acceptance has been granted by the City." G. Section 1.312 is added to read as follows: "Autho-. rity to Require Exposure or to Stop Work:. Whenever any in- stallation is covered or concealed.without first having been inspected, the City may require,, by written notice, that such work shall be exposed for inspection.. The work of exposing and recovering shall not entail any expense to the public entity. Whenever any construction or installation work is being performed in violation of the plans and spec- ifications as approved by the City, a written notice shall. be issued to the responsible party to stop work on that~ ~ portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that por.tion until the violation has been cor- rected." H. Section 1.313 is added to read as follows:' "Sale or Delivery Without Permit: No person shall sell, deliver ~ or cause to be delivered, any commodity to any person not in possession of a valid permit wheri such permit is required by the provisions of this Code." (Ord. 628~.part), 1974). ~ 16.40.060 Section 8.109 added--Com ressed gases. Sec- tion 8.109 is added to read.as follows: "Anhydrous ammonia ~ shall be s.tored and handled so as to be reasonably safe to ~ persons and property.. Evidence that anhydrous ammonia has been stored and handled in accordance with ANSI-K61.1, Safety Requirements for the Storage and Handling of Anhydrous Am- monia, 1966 Edition, is evidence that such anhydrous ammonia ~is reasonably safe to persons and property." (Ord. 628(part), 1974) . 16.40.070 Exits. A. Section 10.103(f) is added to read as follows: "Exits Required: Exits shall be provided in accordance with the provisions of the Building Code.." ~ . B. Section 10.113(c) is amended to read as follows: ~ "Illumination of Signs: Exit signs serving an occupant ~ load of one hundred (100) or more persons shall be lighted . ~ ' 295-4 (Cupertino 10/15/74) 16.40.080 ! wi~h two (2) electric lamps of not less than fifteen (15) . ~ watts each supplied'by two (2) separate sources." (Ord. ~ 628(part), 1974). ~ 16.40.080 Explosives and blastin a ents. A. Section 11.103 c 3) is amended to read as follows: "Explosives shall mean any material so de.signated by the State Fire Marshal. EXCEPTION: Gunpowder." B. Section 11.104(a)(7) is added to read as follows: . "Permits Required: To manufacture, possess, store, sell . or otherwise dispose of gunpowder when in quantities of over twenty (2b) pounds of smokeless powder or one (1) pound ~ of black sporting powder." C. Section 11.106(b) is amended to read as follows: "Restricted Locations: The storage of explosives and blast- ing agents is prohibited in the principal business districts, closely-built commercial areas, and heavily populated areas, except for the following: ~ "(1) Temporary storage for use in connection with approved blasting operations. ~ . . "(2) Wholesale and retail stocks of small arms am- munition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less~ ~ than five hundred (500) poiznds of explosive material." D. Section 11.202(a) is amended to read as follows: ~ "Gunpowder Storage: The City may authorize.the storage of smokeless powder not to exceed seven hundred.fifty (750) ~ pounds, black sporting powder not~to exceed twenty (20), and small arms primers not to exceed 20,000 in approved establish- ments. Smokel.ess powder exceeding twenty (20) pounds shall be stored in an approved Class III magazine. Black sporting powder, when authorized, shall be stored in an approved ' Class II magazine. Quantities stored in Class III magazines~ shall not exceed four hundred (400) pounds. Small arms primers~shall be stored in a manner prescribed by the Fire Marshal. Amounts exceeding seven hundred fifty (750) pounds of smokeless powder and twenty (20) pounds of black sporting ~ powder shall be classed as an explosive and shall conform to ~ those sections of this article." . ~ E. Section 11.202(b) is amended to read as follows: ~ ~"Gunpowder Display. The display of gunpowder shall only be in original containers and shall not exceed twenty (20) pounds of smokeless and one (1) pound of black sporting , powder. Disp.lay shall not be accessible to the general public. The City may increase the display quantities if, in its opinion, the.hazard is not increased. All gunpowder not on diplay shall be secured in an~approved magazine." F. Section 11.204 is amended to read as follows: "Class II Magazines. (a) A Class II magazine may be a ~ ~building, an igloo, or Army-type structure, a tunnel, a ~ ~ dugout, a box, a trailer, or a semitrailer or other mobile , 295-5 (Cupertino 10/15/74) . , . ~ 16.40.080 ~ facility, and shall be fire-resistant, weather-resistant, and theft-resistant. They shall be constructed of masonry, metal-covered wood, fabricated metal, or a combination of these materials. The walls and floors of such storage facilities shall be lined with a nonsparking material. The doors or covers shall be metal or solid wood covered with metal. The foundations, locks, lock protection, hinges, hasps and interior shall be in conformity.with the following requirements: "(1) Foundations: Foundations shall be con~structed of brick, concrete, cement block, stone, or~wood posts. If piers or posts are used, in lieu of a continuous foundation, the space under the buildings shall be enclosed with metal. "(2) Locks: Each door shall be equipped with two ~ (2) mortise locks; or with two (2) padlocks fastened in separate hasps and staples; or with a combinatiori or mortise lock and a padlock; or with a mortise lock that requires two (2) keys to open; or a three-point~lock. Locks shall be . five-tumbl~er proof. All padlocks shall be protected with 1/4 inch steel caps constructed so as to prevent sawing or lever action on the locks or hasps. ~ "(3) Hinges: Hinges and hasps shall be attached to the doors by welding, riveting or bolting (nuts on inside of door). They shall be installed in such a manner that the hinges and hasps cannot be removed when the doors are closed ~ and locked. "(4) Exposed Metal: No sparking metal construction shall be exposed below the top of walls in the interior of storage facilities, and all nails therein shall be blind- nailed or countersunk. "(b) Outdoor storage facilities: The ground around such storage facilities shall slope away for drainage. When , unattended, vehicular storage facilities shall have wheels removed or shall be otherwise effectively immobilized by kingpin ~locking devices or other methods approved by the City. ~ "(c) Indoor storage facilities: No indoor facility for storage shall be located in a residence or dwelYing. . . When located in a warehouse, wholesale, or retail estab- lishment, such storage facilities shall be provided with ~ substantial wheels or casters to facilitate removal there- from. No more than one indoor storage facility shall be kept in any one building. It shall be located on the floor nearest the ground.level and within ten ;1~) feet of an ~ outside exit. No indoor storage facility shall contain a quantity in excess of twenty (20) pounds. • ~"(d) Class.II magazines shall be painted red and, when size permits, shall bear lettering.in white on sides and top, at least three (3) inches high with a 1/2 inch stroke which reads, 'EXPLOSIVES."' ~ ~ 295-6 (Cupertino 10/15/74) ' 16.40.090--16.40.100 ~ 1 ~G. Section 11.205 is added to read as follows: "Class III Magazines. (a) Class III magazines shall be constructed ~ of wood, metal, fiber, or a combination thereof, or any ~ equivalent construction. "(b) Class III magazines shall be well constructed as follows: ~ "(1) Two inch nominal thickness lumber covered ~ on the exterior with a minimum of No. 20 manufacturers • standard gauge steel; or ~ "(2) Two (2) thicknesses of 1-inch plywood , covered on the exterior with minimum No.~ 20 manufacturers . standard gauge steel; or ~ "(3) Fiber equal in strength to wood as indi- ~ cated in (1) and (2)~ above covered on the exterior with a minimum of No. 20 manufacturers standard gauge steel.;. or ~ "(4) Minimum No. 14 manufacturers standard gauge steel, lined on the interior with. one (1) layer of 1 inch thick plywood; or ~ . -"(5) Material of.equal strength and fire resis- tance. "(c) Class III magazines located in buildings shall , be located for easy removal in case of fire. "(d) Class III magazines shall be painted red, and, when size permits; shall bear letteririg in-white on sides and top, at least three (3) inches high with a 1/2 inch stroke which reads, 'EXPLOSIVES.' " . "(e) Class III magazines left at locations where no one is in attendance s,hall be adequately secured to prevent their theft." (Ord. 624(part), 1974). 16.40.090 Fireworks--Manufacture, sale and dischar e. • Section 12.102(d) is added to read as follows: "Sections ~ 12.102(b) and 12.102(c) of this Code shall not become . effective until July 15, 1975. Until that date existing City Ordinances shall regulate sale and discharge of fire- . works within the City. On that date these existing City Ordinances shall become invalid.and the provisions of 12. 102 (b) and 12. 102 (c) of this Uniform Fire Code shall supersede them." (Ord. 624(part), 1974). 16.40.100 Fire protection. A. Section 13.208 regard- . ing access_for'fire fighting equipment is omitted. B. Section 13.301(c) is amended to read as follows: . "Fire Protection Facilities Required: When any land is _developed in such a manner that all or a substantial part of any building or structure thereon is or becomes in excess of one~.hundred fifty (150) feet from an adequate water supply for fire protection, the developer shall provide such fire protection facilities upon the land as shall be determined necessary by the Chief. The Chief may prescribe that the ~ development include installation of such fire protection ~ 295-7 (Cupertino 10/15/74) ~ • ~ 16.40.100 ~ facilities as in his judgment are necessar to rovide an Y P adequate.water supply on the land to be developed. Said installation shall be at the expense of the owner or. de-~ ~ veloper. All facilitie~s required to be installed hereunder shall be approved by.and meet the specifications of the Chief as to location, size and type of materials.and manner of installation. Al1 inspection costs shall be paid by the • ~ owner or developer." , • C. Section 13.301(d) is added to read as follows: "Adequate Water Supply: Compliance with the publication "Guide for Determination of Required Fire Flow" as published by the Insuranee Services Office shall~ be deemed adequate, ' except for the following: . . "(1) Where~water supplies available for fire pro- tection do not meet the above requirements, buildings equipped throughout~with an approved automatic sprinkler system, or ~dwellings and any accessory buildings thereto located at ~ least twenty (20) feet from a property line, need not mandatorily comply with the provisions of this section: ~ ~ . "(2) Buildings in excess of two (2) stories in height or that require~fire flow.in excess of two thousand (2,000) gallons per minute shall be equipped throughout with ~ an.approved automatic sprinkler system. For the purpose of this subsection, dwellings with exterior walls protected in accordance with the provisions of the Building Code~need not ~ comply." D. Section 13.301(e) is added to read as follows: "Availability of Supply: Hydrants shall be taken into account in determining whether an adequate water supply exists with reference to a given building. Other.water sources may be counted as contributing to said supply, if, . in the judgment of the Chief, said source is dependable, readily accessible, adaptable to use, and within reasonable working distance of the building or portion thereof to be ~ served by said source. No source on private land adjoining the land to be developed shall be considered to be readily accessible unless there shall~ be obtained the irrevocable ~ and unobstructed right to use the same upon such terms as may be` approved by the Chief." E. Section 13.301(f) is added to read as .follows: "Access for Fire Fighting Equipment: Whenever any hydrant ~ or other appurtenance for use by the F.ire Department is , required to be installed under the provisions of this~sec- tion or whenever all or.a substantial part of any building or structure is or becomes in excess of one hundred fifty (150) feet from a safe and adequate access road, there shall be provided adequate provisions for acces.s to and ~from every ~ such building, hydrant and.appurtenance by fire fighting equipment. Said access shall be in the form of an improved permanently maintained roadway or of an open paved area, or ~ any combination thereof, designed, constructed and at all 295-8 (Cupertino 10/15/74) . 1 ' ' 16.40.100 ~ times maintained in such a~manner th~at there shall~be an ~ ~ access way kept clear~and unobstructed at such grades and ~ having sufficient width and height clear.ance to permit , ~ ingr.ess and egress by fire fighting equipment. F. Section 13.301(g) is added to read as follows: "Final Inspection: No,final inspection as to all or any . portion of a development shall be deemed completed until the installation of the required facilities and accessways have been completed and approved. . . G. Section 13.301(h) is added to read as follows: ~ ~ "Operation~or Modification of Facilities: Fire protection f acilities, whether installed before or after the effective date of this Code, may be altered or repaired, provided that such alterations or repairs shall be carried out in confor- mity with.the provisions of this Code." H. Section 13.301(i) is added to read as follows: "Access to Facilities to be Kept Open: Whenever any on-site fire protection facilities or accessways have been installed as provid~d in this Code, either pursuant hereto~or prior to the effective date hereof, the following provisions shall be applicable: . "(1) Hydrants - Parking Prohibited. W'ith respect to hydrants located along private accessways where curbs exist, said curbs shall be painted red or otherwise appro- ~ priately marked by the owner, lessee or other person in ~ charge of the premises to prohibit parking for a distance of fifteen (15) feet in either direction from any such hydrant. In such cases where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both, giving notice that parking is prohibited for a distance of fifteen (15) feet from.any such hydrant. When such areas are signed or marked as provided herein, no . person shall park or leave standing~a vehicle within fifteen (15) feet of any such fire hydrant. ~ ."(2) Acc.ess - Obstruction Prohibited. No owner or lessee of the land, or proprietor, partner, officer, direc- ~ tor, manager or agent of any business or other activity carried on upon the land, shall, after receiving notice thereof, permit, or otherwise allow, and, no person shall cause any activity, practice or condition to occur or exist or continue to exist upon said land which sha11 lessen or ~ obstruct or impair the access required to be maintained under Section 13. 301 (f) . ' "(3). Access - Parking May be Prohibited. If in the judgment of the Chief it is necessary to prohibit vehicular parking along private accessways in order to keep them clear and~unobstructed, he may require the owner, lessee or other person in charge of the premises to paint the curbs red or ~ , install signs or give other•appropriate notice to the effect . that parking is prohibited. It shall thereafter be unlawful for any such owner, lessee or other person in charge to fail ~ . 295-9. (Cupertino 10/15/74) ~ . . 16.40.100 ~ to install and maintain in good condition the form of notice ~ so prescribed. When such areas are marked or signed as provided herein, it shall be unlawful for any person to park or leave standing a vehicle adjacent to any such curb mark- . ing or contrary to such sign_." I. Section 13.301(j) is added to read.as follow.s: "Facilities to be Provided During Construction: When it is deemed that fire fighting facilities are required by this Code, such facilities as may be required by the Chief sh'all be installed and made serviceable prior to and during con- • struction. When alternate methods of protection as approved ~by the Chief are provided, the above may be modified or waived. J. Section 13.307 is amended to read as follows: ~"Fire Alarm Syst~ms and Emergency Pre-Fire Planning: "(a) General. Al1 fire alarm systems shall be installed in accordance with the provisions of this Article. ~ "(b) Fire Alarm Systems Required. Manual or auto- matic fire alarm systems shall be installed in every build- ing three (3) or more stories in height. "(c) Installation, inspection and maintenance of fire alarm systems shall be according to the standards of ~ the National F~ire. Protection Association and shall be ap-'~ proved by the Chief. ~ "(d) Fire alarm annunciator panels shall be pro- ;:.1I;. vided at such locations as required by the Chief. ~ ~ ~ "(e) Fire alarm systems shall be so designed that ~ ~ all occupants of the building may be warned simultaneously.~ "(f) Emergency Pre-Fire Planning. There shall be instituted a training program in the use of first aid fire equipment and methods of evacuation. Procedures to be ~ followed in the event of fire or other emergencies shall also be established and should include, but shall not be limited to, the following: _ ."(1) Posting the telephone number of the fire department in a conspicuous and plainly visible location ~ near the telephone. ~ "(2) Assignment of a responsible person to call the fire department upon notification of any fire or the activation of any fire alarm or sprinkler system for any reason. . "(3) Designation of area where occupants are to be located after evacization of the building." . K. Section 13.309.1 is added to read as follows: "Detailed Requirements: When an approved automatic sprink- ler system is installed in conjunction with a fire alarm system, the automatic spr'inkler system shall be provided with a water flow device which shall cause activation of the . fire alarm signaling device." L. Section 13.310(d) is added to read as follows: ~ "Separate Dry Standpipes Not Required: Separate standpipes ~ 295-10 (Cupertino 10/15/74) , , , ~ 16.40.100 • ~ may be omitted in buildings equipped throughout with an approved automatic sprinkler system; however, hose con- nections ~for fire department use, as outlined iri Section 3073, National Fire Protection Association hereinafter referred to as N.F.P.A. Pamphlet~No. 13, shall be provided . in all required stair enclosures: The static pressure at , hose connectidns shall not exceed one hundred fifty (150) pounds per square inch." M. Section 13.311(a) is amended to read as follows: "Wet Standpipe General. Exception 1: Wet standpipes are not required in buildings equipped throughout with an automatic fire-extinguishing system. However, in buildings . less than four (4_) stories in height, one and one-half (1- 1/2) inch National Standard thread valved connections shall be provided so that all portions of the building are within two hundred (200) feet of the connections." ~ N. Section 13.312(d) is added to read as follows: "Separate Standpipes Not Required: ~Separate standpipes may ' be omitted in buil~dings equipped throughout with an approved automatic sprinkler system; however, hose connections for fire department use, as outlined in Section 3073, N.F.P.A. Pamphlet No.. 13, shall be provided in all required stair enclosures. The static pressure at hose connections shall not exceed one hundred fifty (150) pounds per square inch." O. Section 13.313 is amended to read as follows: ~ "Fire Protection for Combustible Waste Material Storage: ~ ~ Standard automatic sprinkler protection shall be provided in all rooms containing combustible waste storage and above all~ combustible waste storage areas within ten (10) feet of a building or roof overhang in Groups A, B, C., D, E, F, G, H and J occupancies. Such sprinklers may be connected to the domestic water supply, provided the piping for domestic water and sprinkler piping is~sufficient to supply the area . and is provided, and an approved accessible O. S. and Y type ~ shutoff valve for each room or area. If there is no ceil- ing, a heat-baffle plate shall be provided not more than six ' (6) inches above the sprinkler head." ~ P. Section 13.314(a) is amended to read as follows: "Basement.Pipe Inlets. When Required: When required, base- ment pipe inlets shall be installed in the first floor of every store, warehouse or factory having cellars or base~- ments, except where the cellar or basement is equipped with . ~ . an automatic fire extinguishing system." Q. Section 13.315~is added to read as follows: "Ex- haust Hood and Duct 5ystems: Exhaust hood and duct systems shall be protected in accordance with N.F.P.A. Pamphlet No. 96,~1971 Editiori. There shall also be provided fire ex- tinguishers in accordance with this Code. Hoods, ducts and fan housing shalT be cleaned at sufficient intervals, not less than once each thirty (30) days, to prevent the accumu- . lation of grease therein. (Ord. 628(part),~1974).~ ~ ~ . 295-11 (Cupertino 10/15%74) - _ 16.40.110--16.40.130 ~ 16.40.110 Flammable and combustible liquids. A. Sec- tion 15.101(c) is amended to read as follows: "Scope: 1'he storage, handling and dispensing of flammable and combusti- ble liquids shall be in accordance with N.F.P.A. Pamphlet No. 30, Flammable and CombustibTe Liquids, except as other- wise provided in this Article or in other laws or regulations legally in effect. ~ • B. Section 15.201(a) is amended to read as foll~ows: "Restricted Locations: The storage of flammable and com- . bustible liquids in aboveground tanks outside of buildings is prohibited within the mercantile and other congested dis- tricts." , ~ C. Section 15.601 is amended to read as follows: "Lo- cation of Plants: No new bulk plant shall be constructed ~ within areas zoned solely for residential occupancies and for mercantile establishments primarily retail in character." (Ord. 628(part), 197~). ~ 16.40.120 Li uefied etroleum ases. A. Section 20.102 a is amended to read as follows: "Permits and Re= ~ ports of Installaticns: No person shall install or mairitain ariy.liquid petroleum gas container without a~permit, except for the following: ~ . ~ "(l) Containers less than ten (10) gallon water ~ capacity. ~ "(2) Group I occupancies." B. Section 20.105(a) is amended to read as follows: "Location of Containers: The storage of liquefied petroleum gas of any on.e (1) installation shall not exceed two thousai~d (2,000) gallons water capacity in heavily populated or con- gested commercial areas; except that in particular instal- lations this capacity may be altered at the discretion of ~ . the Chief, after consideration of special features, such ~ as togographical conditions, nature of occupancy and prox- imity to~buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facili.ties of . the local Fire Department. The storage of liquefied petro- leum gas shall conform to the provisions of the local zoning ordinance." (Ord. 628(part), 1974). 16.40.130 Places of assembly. A. Section 26.102 is amended to read as follows: "Decorative Material: All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees, that would tend to increase the fire and panic hazard shall be made from non-flammable material, or shall be treated and maintained in a flame retardant con- dition by means of flame retardant solution or process approved by the Fire Marshal. Exit doors, exit lights, fire alarm sending stations, wet standpipe hose cabinets, and fire ex- tinguisher locations shall not be concealed or obstructed by /'"1 any decorative material." ~ ' 295-12 (Cupertino 10/15/74) " ~ - 16.40.140 ~ B. Section 26.104 of Division I, regarding motion pic- ture screens, is omitted, (Ord. 628(part), ~1974). 16.40.140 General precautions a ainst fire. A. Section 27.101(a) is amended to~read as follows: "Outdoor . Fires. Permit Required: No person shall~build, light, maintain or cause or permit to be built, lighted or main- tained, any open or outdoor fires; use or cause or permit to ~ be burned any brush, trash, rubbish, stubble, or other . flammable material unless he first secures from the Chief a permit to do so." . B. Section 27.114 is amended to read as follows: "Fire Nuisance: No material shall be burned, under permit or otherwise, which shall, in burning, .cause or create a fire nuisance." C. Section 27.201(a) is amended to read as follows: "Accumulatiori of Waste Material: Any accumul,ation upon property of combustible waste mater.ial or combustible vege- tation which constitutes a fire hazard to any ~building, fence, other structure composed of combustible material, hedge, tree or other combustible material standing or growing upon such property or the property of another, constitutes a public nuisance. Every person, co-partner- . ship, firm,:corporation or company that permits or allows such public nuisance to exist upon property owned, occupied ~ or leased by him, or it after reasonable notice in writing has been served upon him, or it, from the Fire Marshal, the ~ Chief of the Fire Department, or the City Attorney to remove, . ~ discontinue or abate such nuisance is guilty of a misdemear~~r. The existence of such nuisance for each and every day after the date specified in such.notice for removal, discontinuance, ~ or abatement is a separate and distinct offense." • D: Section 27.201(d) is added~to read as foll~ows: "Combustible Wa~ste Material: Combustible waste material which is. accumulated during each work day shall be stored in approved containers. Combustible waste material s.hall be removed.from the work area at the end of each work day." E. Section 27.205(c) is added to read as follows: "Use of Open Flamz or Light Restricted: No person shall place or maintain, or permit to be placed or maintained, any lighted candle on any tree or shrub or use or maintain any candle in any building or place in such a manner as to create a hazard to life or property." F. Section 27..206 is added to read as follows: "Earth- quake Barriers for Certain Shelves: Shelves used for the storage of containers of flammable or combustible liquids, corrosive or reactive materials shall be provided with approved earthquake barriers." . G. Section 27.207 is added to read as follows: "Illegal Dumping: No.person shall place, deposit or dump any ashes or combustible waste material in or upon any lands not ~ approved for such use." ~ 295-13 (Cupertino 10/15/74) 16.40.150--16.40.170 ~ H. Section 27.415 is added to read as follows:~ "Pro- tection of Gas Meters and Piping: Approved barriers shall be installed to protect gas meters, regulators, piping or other equipment from vehicular damage."~ I. Section 27.416 is added to read as follows: "Unsafe Buildings: All buildings or struc~ures which are unsafe or not provided with adequate egress, or which constitute a~ fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to ~ safety or health, or public welfare, by reason of inadequate ~ maintenance,~dilapidation, obsolescence, fire hazard disas- ter damage, or abandonment, as specified in this Code or ~ other effective ordinances are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared.to.be public nuisances and shall be abated ~ by repair, rehabilitation, demolition or removal. (Ord. 628(part), 1974). 16.4Q.150 Welding and cutting calcium carbide and acetylene. Section 31.101.1 is added to read as follows: "Permit Required for Welding or Cutting. A permit shall be required for each person performing welding or cutting ~ operations." (Ord. 628(part), 1974). . ~ 16.40.160 Suppression and control of hazardous fire ~ areas. A. Section 16(c) of Appendix E is added to read as • follows: "When brush or vegetative growth is removed and cleared away to provide a firebreak as required~in this section, suitable growth which will not form a means of rapidly transmitting fire shall be planted in such a manner so as to reduce the possibility of erosion." B. Section 17(a) of Appendix E, regarding clearance of ~ brush or vegetative growth from roadways, is omitted. C. Section 24 of Appendix E is added to read as fol- lows: "~Roof Coverings: Roof coverings on all buildings shall be fire-retardant, or any Class C prepared or built-up roofing, or cedar or redwood shakes and shingles constructed in accordance with the requirements of Uniform Building Code Standard No. 32-14 for special purpose roofs. ~ "EXCEPTION: Existing~buildings." (Ord. 628(part), 1974). . 16.40.170 Effective date. The ordinance codified in this chapter shall take effect and be in .force thirty days after its passage, and before the expiration of fifteen days from and after its passage, the ordinance codified in this chapter shall be published once with the names of the mem- bers voting for or against the same in the Cupertino Cour- ~ ier, a newspaper published in the County of Santa Clara. (Ord. 628 (part),.1974). ~ ' 295-14 (Cupertino 10/15/74) , . ! . ~ . ~ Pursuant to the Health & Safety Code, Section 17958.5 and Section 17958.7, the follawing is submitted as justification for the modifications and changes created by amendments to the Uniform Fire Code as they affect the State Housing Law. . Uniform Fire Code Sections 13.301(d)} 13.309.~1, 13.310(d), 13.311(a), 13~.312(d), 13. 313, 13..314 (a) . _ . . . The Insurance Services Office in its latest edition of the Grading ScheduLe for Municipal Fire Protection, recognizes current good practices and modern developments of,fir.e depar tnents. And, because of the decentralization of municipalities, more attention has been given to the area as a whole, thus ~reducing the emphasis that pre.viaisly has been placed on the principal business districts of a community. In essence, the schedule naw looks at thA ehysical conditions thraughout the community and determines whether the fire~defense is ~ adequate to handle the fire potential. The schedule has the.follawinq relative values: ~ Feature Percent Points IJater Supnly 39 1,950 ~ P'ire I~epartment 39 . 1, 950 ~ Fire Service Communications 9 450 Fire ;atety ~ontrol~ 13 650 . ~100 5,000 It is~therefore evident from the above that as long as, there is ade~iate ~ . water ~ii~p.l.y, Pquipment, and manpow,er available, in accord,ance wir.:h th~ sclledule to hanc~le the fire potential throughout the community, 78$ of the~schedule would be complied with. Prestanably, with sane credit given.to communi.cation and fire safety control (prevention), it would not be unrealistic to expect a Class 1 or 2 rating. ~ This approach seems to more adequately represent a workable method ot ~ evalu~ting the fire potent.ial than has previously been available. ~ ~ l~~ ~ ~ EXH IBIT_ «g„ : . ' F~IZAbriK~T3 FZRE 1~i8~S . . Unifoxn~ Fire Code, Appe~dix E, 1~ smetsd+ed (Sac..24) ta require fire ~ . retardant or special purpose root.oo~verinqa on all ne~r buildir~qa includir~q dwellinqa in~the fi~azardoue Pire Arsaa. . ~ ~~p~~~~ ~t1se't~azmcdous Firs Area ia qenerslly. ~bave the val~ley floor . • and not rrithin corygeated structuxally built-~up armm~a. Tl~e cambinatioa of rveather, veqetatian and togo4ra~PhY faunci in thia area crQatea ~fze h~zard ~ situatio~ns as .dnnqez,ous as a?r3y four~d iri ths State ot Califarniao . . The unrestrictive use of.qrass, qraiu~ brush~ ar!`v~est cov8red land in this ~ area is a potential menaae ta life and pz~aperty• ' Zt is the intent of tha raquireasents to pravide nevesaasy .safeguards ta prevent the occurr~nce of fires and to pravide adec~uai,te~fire probeation to control the spread ot fire in the Hasardaus Fire Areas. . By requirinq the special purposa or fire retardant.roof caverings, we are~ r~ducing the potential spread. of firea fram ortie buildinq to a~nother. ~ . . . -2- It becomes a community loss when a residential area or business is destroyed by fire. In Cupertino, this responsi.bility is recognized and, as a result, fire s~rinkler requirements have been established as a means of controlling . fire loss. The 1973 edition of the Uniform Fire Code has been amended and ~ specifies requirements for the installation of automatic sprinkler systems in all new buildings except dwellinqs. Gener ally, there are .three factors for . determining whether or not a building is required to be equipped with sprinkler protection. ~One determininq factor is adequacy of.water supply for fire fighting, another is builcli ng height and the third is maximum "fire flaw" (2,000 gallons per minute). Either factor or all three may be considered before requiring sprinkler protection. The term "fire flow" is an expression in gallons of water per minute which should be available to the fire depart~nent for fire fightinq purposes. It has been determined, based on recognized standards and engineering practices, that the."fir.e flc~w" required for canbating a fully dedeloped fire in a building is a function ot construction, occupancy, area, height; and distance from nearby~ buildings. These are also the factors which are used to determine the total ~ amount of combustibles to burn. The fire loss potential of a community is directly related to what there is to burn and what there is to burn determines "fire flow." The smallest standard "fire flow" requirement~is 500 G.P.M. on well separated dwellings. The largest is 12,000 G.P.M. for congested areas. Obviously the less water that is necessary to prevent further extension of the fire to other areas, the more that can be applied to extinguish the fire. Once control of the fire is accomplished, the flow rate is drastically reduced. . . ~ . _3s . ~ Adequate water supply, manpower and equipment are basic needs to combat building fires. If a fire occurs that cannot be controlled by existing fire defenses, then the fire continues to burn until all of.the fuel or canbustibles are consumed. In heavily coaigested areas, this would mean a holxaust or conflagration. All fires, hawever, cannot be ccntrolled effecti vely by ~ existing fire defenses. If all buildinqs were equipped throughout with automatic sprinklers, the prablem would be minimized. Total spriiskler protection, however, is not economically practical. . In the underdeveloped areas of Cupertino, there is a condition of inadequate or no water supply for fire fighting purposes. When developers plan buildings in these areas, sprinklers are required to be installed as a condition of building site approval. In areas of developed property, required fire flaws are~calculated' for each separate building. In calculating the flow, consideration is given to the following: ' 1. Building occupancy (use? ~ 2. The total square footage of all floors of the building ~ 3. Types of building construction ~ 4. EScposure to the subject building ~ According to recognized standards, a calculated flow of 2,000 G.P.M. has been established as the.maximum flow permitted prior to requtring the installation of automatic sprinkler systems in buildirg s. A 2,000 G.P.M. flaw may require . ~ two to four engine canpanies and a ladder cotnpany with fran twenty to~thirty men to control a fire. A.requirement exceeding these fiqures will in many cases . avertax the initial capabilities of the fire department. ~ . ~ . ~ . . . . It is recognized therefore that builders, by developir~g properties and • structures, create conditions that place demands on fire defense farces. When the demand exceeds the initial capability of the fire department, sprinklers ? are required: In the same respect,~buildinqs that exceed ~ stories in height are also required to be protected with sprinklers. Generally, . one and two story buildings -can be reached by ladders carried on the engine companies. ~ . Built-in fire protection systems distinctly reduce fire loss potential and the cost for such systems is absorbed by the individual developer. Fire suppression services can remain near present levels while at the same time the growing community can reduce fire losses.. The following chart illustrates the effect of fire prevention, fire, fire ~flaw, manpawer, and the necessary equipment to suppress a fire. . . ~ t7 O N tn ~ • O ~'1 ~ p .-1 . . N r-1 . • ~~~y / I . er i o'~ . 4 . . ~~e 4 ~ Fire ~ Fire Prevention o 0 0 Time ~ With Sprinklers ~ . . Fire Department Protection ~ 3 . O v o~ G .u ~ ~ without S rinklers/Maximum Fire~Potential ~ w ~ w . . ' • -5- FIRE PREUENTION Fire loss prevention begins before buildings create a fire prablem---at the planning level. C'~ood building and fire codes pravide a recognized ~ method of constrvcting and using buildings. Fire safety can then be maintained by periodic inspections. People cause most fire s, and with ~ community cooperation, people can prevent most fires. The result is saving everythinq, but the need for fire safety.awareness is constant. ~ FIRE ' _ Fire represents failure. But it does occur. When it does, if not contsolled by built-in protection or fire departrnent suppression, the amount of fuel'to burn is eventually consumed and the fire.burns out. FIRE POTENTIAL . . ' . ~ The fire potential of a cammunity is.directly related to what there is to ~ burn in that community and what there is to burn.determines the fire flow ~ and the_fire flow sets the manpv~wer and equipment requirements of the fire department. ~ ~ FIRE FLGS~ . • ~ . . The term "fire flaw" is an expzession of.the amount of water in gallons per minute which.should be available to the fire department for fire fighting purposes. AUTOMATIC EXTINGUISHING SYSTIINS The provision of automatic ~ire extinguishing systems throughout a building has a great effect upon the overall anticipated fire flaw for that building. ~ ~ These systems, of which sprinklers are most common, are designed to extinguish or control fires in the incipient staqe and the water flow rates for their~ operation are usually on.the order of less than 100 G.P.M. for final ~ . , ~ r • ~ ` 6 extinguishment and overhaul. These systems produce littie loss. FIRE DEPARTMII~ PROTECTION . - The effectiveness of fire suppression efforts of the fire department is ~ dependent upon the size of the fire at the time of their arrival. Usually . the majority of fires are able to be controlled~as~.the fire potential is being consumed---thus on the.upswing of the cuzve. Oftentimes, for one 'reason or the other, the fire potential exceeds the capabilities of the fire department. The only alternative is to stop the fire on the dawn~ ~ side of the curve. Fire department suppression produces losses commensurate with the potential at the time. . SLJI~RY Fire flaw is the.common denominator of the fire problem. It identifies the amount of water, manpawer and equipment necessary to combat a fire in a building. All fires are not able to be prevented, therefore, a ~ level of risk must be assigned. ' If all buildings were equipped thraughout with automatic sprinkler system protection, the fire problem would be minimal. This is probably not econanioally feasible---nor is it feasible to develop a fire defense without sane level of built•in protec tion. ~ .