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Ordinance No. 1711 ORDINANCE NO, 1711 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 1994 EDITION OF THE UNIFORM 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CODE THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that Chapter 16.40 of the Cupertino Municipal Code is repealed and re-enacted as contained in attached Exhibit A. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of November, 1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 4th day of December, 1995, by the following vote: Vote Members of the City Council "YES: NOES: ABSENT: ABSTAIN: Chang, Dean, Sorensen, Burnett None Bautista None ATTEST: APPROVED: ~.~~ City Clerk 5 UM ð~5IÔ Mayor, City of Cupertino ",dinane/lire.d", ORDINANCE 1711 Chapter 16,40 MOTOR VEHICLE FUEL.DISPENSING STATIONS 16.40,230 Nozzles, 16.40,240 Storage Limits, FIR I', CODF:* Sections: 16.40,010 Adoption of Uniform Fire Code Administration. REFRIGERATION 16.40,250 Scope. 16.40,020 COMPRESSED GASES 16.40,260 Securing Comprcssed Gas Containers, Cylindcrs and Tanks, NF:W CONSTRUCTION AND ALTERATIONS 16.40,030 Final Inspection. 16,40,040 Training, EXPLOSIVE MATERIALS 16.40,270 Limits Established by Law, PERMITS 16,40,050 16.40,060 16.40,070 16,40,080 Fire Protection Systems, Institutional, Permit Fees, Permit Amounts for Compressed Gases FLAMMABLE AND COMBUSTIBLE LIQUIDS 16.40,280 16.40,290 16.40.300 16.40,310 General. General--Spill Control. Geueral Piping, Plans for Flammable Liquid Storage, Locations Wbere Above Ground Tanks arc Prohibited, DEFINITIONS AND ABBREVIATIONS 16.40,090 Business Plans, 16.40,100 M Moderately Toxic Gas, 16.40,110 S Storage Facility, 16.40,320 WATER SUPPLIES AND FIRE HYDRANTS 16.40,120 Type of Water Supply, HAZARDOUS MATERIALS 16.40,330 General. 16,40.340 General Safety, 16.40,350 Limited Application, 16.40,360 Hazardous Materials Management Plan, Reduced Flow Orifices, Design and Construction, Additional Regulatioos for Supply Piping for Healtb Hazard Materials, Notification, Identification Signs. Annual Maintenance, Separation of Incompatible Hazardous Materials, Facility Transport, Transport Safety, Hcight. Containment Requirements Highly Toxic and Toxic Gases, lodoor Storage of Toxic Gases, Outdoor Storage of Toxic Gases. Indoor Use of Toxic Gases, FIRE-PROTECTION SYSTEMS AND EQUIPMENT 16.40,130 Tool Caches, 16.40,140 Valves Below Grade, 16.40,370 16.40.380 16.40,3<)0 STANDPIPES 16.40.150 Required lostanalions, 16.40,160 Standpipe Table 16.40.400 16.40,410 16.40.420 16.40.430 FIRE ALARM SYSTEMS 16.40,170 Monitoring of Fire Extinguishing Systems, REQUIREMENTS FOR USE OF CANDLES AND OTHER OPEN-FLAME DEVICES 16.40,180 Flaming foods and bcveragcs. Canned Heating Devices, Use, Storage and Handling of Compressed Natural Gas. Carts used for Food Preparation, Portable Deep Fat Fryers, 16.40.440 16.40.450 16.40.460 16.40,070 16.40.480 16.40,190 16.40,200 16.40.490 16.40,210 16.40,220 16.40,500 16.40,510 U EXHIBIT A" -2- ORDINANCE 1711 16.40.520 16.40.530 16.40.540 16.40,550 16.40,560 t 6.40,570 16.40,580 t 6.40,590 16"¡O,600 1 6.40,61 0 16.40,620 16.40,63() 16,20,640 16,20,650 16,20,660 16,20,670 16.4(),68() 16.40,690 16.40,700 16.40,710 16.40,720 16.40,730 16.40,740 16.40,750 16.4(),760 16.40,770 16.40,780 16.40,790 16.40,800 16,40,810 16.40,820 16.40,830 16.40,840 16.40,850 16.40,860 Outdoor Use of Toxic Gases, Seismic Shut-orrValvc Fire Extinguishing Systems, Automatic Shut-off Valve, Emergency Control Station, Local Gas Shut-off, Inert Gas Purge System, Maximum Threshold Quantity, ModcratclyToxic (;ascs Including Those Used as Refrigerants, Indoor Storage of Moderately Toxic Gases, Ventilation of Moderately Toxic Gases, Tre:ttmcnt Systems uf ModeratelyToxic G:tses, Gas Detection. Outdoor Storage of Moderately Toxic Gases, Canopies-Storage Under Piping and Cnntrols, Le:tking Cylinders, Local Exhaust for Leaking Portable Tanks. Indoor Use of Moderately Toxic Gases, Inert Gas Purge System of Moderately Toxic Gases, Outdoor Use of Moderately Toxic Gases, Ventilation, Treatment Systems, Moderately toxic gases with Ie 50 equal to or less than 3000 parts per million, Maximum, Threshold Quantity, General-Indoor Storage of toxic and highly toxic gases, Secondary Containment. General-Limit Controls Ventilated Area, Emergency Power, General-Outdoor storage of toxic and highly toxic gases, Distance Limitation to Exposures. Cylinder Leak Testing Excess Flow Control. Applicability, 16.40,870 Emergency Alarm.. LlQUEFIEIJ PETROLEUM GASES 16.40,880 Permits and Plans, 16.40,890 Estahlished Limits. SUPPRESSION AND CONTROL OF HAZARDOUS FIRE AREAS 16.40.900 Firebreak Vegetation, 16.40,910 RoofCovcriogs, FIRE HYDRANT LOCATIONS AND DISTRIBUTION 16.40,920 Distribution of Fire Hydrants, VIOLATIONS-PENALTIES 16.40,930 Violations - Penalties, HEARING 16,40,940 Hearing, ABATEMENT OF HAZARD. 16.4(),95() Ahatel11ent of Hazard. I",d,/win -3- UEXH~8IT A" ORDINANCE 1711 CUPERTINO 1994 UFC 16,40.010 Adoption of the Uniform Fire Code (Included for appendix adoption only), There is adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code and also the California Fire Code, including Appendix Chapters I-C, H-A, H-B, H-C, H-D, H-F, H-I, III-A, III-B, III-D, N-A, N-B, v- A, VI-A, VI-B, and the Uniform Fire Code Standards as published by the International Fire Code Institute, being particularly the 1994 Editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by this chapter, of which one copy has been filed for use and examination by the public in the office of the building department and the same adopted and incorporated as fully as if set out at length in this chapter, and from the date on which the ordinance codified in this chapter shall take effect, the provision thereof shall be controlling within the limits of the City. 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 enforcernent of the provisions of this Code to whichever legal entity he feels best serves the interests of the City. Wherever the words "Chief," "Fire Marsha!," "Fire Department," "Fire Prevention Bureau," "Fire Chief," and other such similar words are used, they shall mean and refer to such legal entity designated by the City Manager of Cupertino under the authority of the City Council of Cupertino, Wherever the words "municipality," "jurisdiction," or "city" are used, they shall mean the City of Cupertino. Wherever the words "Executive Bodý' 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 Attorneý' 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. NEW CONSTRUCTION AND ALTERATIONS 16,40.030 Final Inspection, -4- "EXHIBIT A" ORDINANCE 1711 Section 103,3,2.3 is added to read as follows: 103.3.2.3 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 access ways have been completed and approved, No final certificate of occupancy may be granted until the Fire District issues notice of final clearance to the Building Department. 16.40,040 Training. Section 103,3.2.4 is added to read as follows: 103.3.2.4 Training, When required by the Chief, newly constructed buildings shall be made available to the Fire District for familiarization training operations prior to occupancy, Additionally, instruction/operations manuals and orientation presentations shall be provided by the building owner when required by the Chief, This training shall not delay the occupancy of the building. PERMITS 16.40.050 Fire Protection Systems. Section 105.8 f,6 is added to read as follows: f.6 Fire protection systems. A permit shall be required to install, alter or change unless otherwise herein noted any fire hydrant system, fire extinguishing system or fire alarm system which was previously required by permit 16.40,060 Institutional. Section 105.8 i.1 is added to read as follows: i,1 Institutional. It shall be unlawful to operate, maintain, or use any institution until all State and local laws and regulations governing safety from fire and panic have been satisfactorily complied with and a permit from the Chief has been obtained for that occupancy, (For the purpose of this Section, an institution shall be, but is not limited to: hospital 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 horne, 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.) 16.40.070 Permit Fees. Section 105,9 is added to read as follows: 105.9 Permit Fees. Fees shall be paid to Central Fire District as follows: -5- U£XHlølr A" , . ORDINANCE 1711 ONE TIME FEE 1, Permits for fire hydrant systems, fire extinguishing systems, fire alarm systems shall be charged as outlined in Chapter 3 of the Uniform Building Code Second and additional reinspections $30,00 each 2. Job site consultation as determined by the Fire Chief $50,00 Man Hour/1 Hour Minimum YEARLY FEES 3, Institutional permits A. Over 50 persons $100,00 B. More than 6 persons $ 75,00 4, Day Care Facilities Six or More $35,00 5, Places of Assembly A. 50-300 persons $50.00 ß, Over 300 persons $85,00 C. Tents in excess of 300 sq, ft (or for each permit) $85.00 16.40,080 A Permit Amounts for Compressed Gases, Table 105-A is amended as follows: UFC TABLE 105 - A Permit Amounts For Compressed Gasesl Type of Gas Amount (cubic Feet) x 0,0283 for M3 200 200 Amount Amount Amount Amount -6- "EXHIBIT A" ORDINANCE NO, 1711 See Articles 74, 80, and 82 for additional requirements and exceptions, DEFINITIONS AND ABBREVIATIONS, 16.40,090 H Hazard materials Business Plan, See 209-H is added to read as follows: 290-H HAZARDOUS MATERIALS BUSINESS PLAN is a written plan containing General Information, Emergency Response Plan, Training Plan, Inventory Statement, and Site Plan, Each section shall be in such form and detail as required by the chief, shall contain at a minimum, the information required pursuant to Section 25500 et seq, of the Health and Safety Code, 16,40,100 M Moderately Toxic Gas, Section 214-M is added to read as follows: 2l4-M MODERATELY TOXIC GAS is a gas that has a median lethal concentration (LC50) in air of more than 2,000 parts per million, but not more than 7,500 parts per million by volume of gas or vapor when administered by continuous inhalation for one hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each, 16.40.110 S Storage Facility, Section 220-S is added to read as follows: 220-S STORAGE FACILITY is anyone or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults or other portable or fixed containers, used, or designed to be used, for the storage of hazardous materials, WATER SUPPLIES AND FIRE HYDRANTS Section 903,3 is amended to read as follows: 903.3 Type of Water Supply, Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow, In setting the requirements for fire flow, compliance with Appendix III-A ofthis code shall be deemed adequate, except for the following: 1. Buildings in excess of two (2) stories in height or 35 ft, in height, or that require a fire flow in excess of 2,000 gallons per minute shall be equipped throughout with an approved automatic fire sprinkler system. 2, Where water supplies available for fire protection do not meet the requirements of Appendix III-A, an approved (approved refers to approval by the Fire -7- . r:';'-"'" ""'~""'";r ""'~: ", ~iJ ORDINANCE 1711 Chief) automatic sprinkler system installed throughout the building will be an acceptable alternate means of protection provided that a sprinkler system is not otherwise required by the Fire or Building Code, FIRE-PROTECTION SYSTEMS AND EQUIPMENT 16.40,130 Tool Caches, Section 1001.11 is added to read as follows: 1001.11 Tool Caches, Roorns containing fire fighting equipment are required for all new buildings having floors used for human occupancy located more than 75 feet above the lowest level of fire deparbnent vehicle access. Such rooms shall be located as required by the Chief, The costs associated with the construction of the room and all original equipment costs are to be paid by the building owner. FIRE EXTINGUISHING SYSTEMS 16,40,140 Valves Below Grade. Section 1003,1.4 is added to read as follows: 1003.1,4 Valves below grade. Valves for water type fire protection systems, when installed below grade, shall be installed in an approved box or vault STANDPIPES 16.40.150 Required Installations. Section 1004,6 is added to read as follows: 1004.6 Required installations. When, in the opinion of the Chief, an unusual condition or hazard exists, hose connections may be required and may be provided as outlined in Section 4-5,21 of N.F,P,A. #13, 1994 Edition. 16.40.160 Standpipe Required Systems. Table 1004-A is amended as follows: TabIe 1004-A - Standpipe required systems OCCUPANCY NONSPRINKLERED SPRINKLERED BUILDING2,3 BUILDINGl x 304.8 for mm Standpipe Hose Standpipe Hose xO.0929 for m2 Class Requirement Class Requirement 1. Occupancies exceeding 150 it in height and III Yes I No more than one stOry -8- ~'tXHiBIT A" ORDINANCE 1711 2, Occupancies 4 stories or more but less than [I and 114] 5 I No 150 ft. in height, except (or II) Yes Grotlp R, Division 37 3, Group A Occupancies No with occupant load II Yes Requirement No exceeding 1,0006 4, Group A, Division 2,1 Occupancies over 5,000 II Yes II Yes square feet in area used for exhibition 5, Groups 1; H; B; S; M; F, Division 1 Occupancies No less than 4 stories in II4 Yes Requirement No height but greater than 20,000 square feet per floor7 6. Stages more than 1,000 II No III No _square feet in area lExcept as otherwise specified in Item 4 of this table, Class II standpipes need not be provided in basements having an automatic fire-extinguishing system throughout. 2The standpipe system may be combined with the automatic sprinkler system. 3Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have Class II standpipes installed as required for the unsprinklered portions. 4In open structures where Class II standpipes may be damaged by freezing, the building official may authorize the use of Class I standpipes which are located as required for Class II standpipes, 5Hose is required for Class II standpipes only, 6Class II standpipes need not be provided in assembly areas used solely for worship. 7For the purposes of this table, occupied roofs of parking structures shall be considered an additional story, In parking structures, a tier is a story, 8The Chief may require the installation of Class I or II standpipes when the size or configuration of the building would not allow for the advancement of fire hose lines from the exterior of the building. The locations of the Class I standpipes shall be approved by the Chief -9- "EXHiBIT AU ORDINANCE 1711 and need not comply with Section 1004.3. The locations of Class II standpipes shall comply with Section 1004.4, FIRE ALARM SYSTEMS 16.40.170 Monitoring of Fire Extinguishing Systems, Section 1007,3.3,3.5 is added to read as follows: 1007,3.3,3.5 Monitoring of fire extinguishing systems. When a fire alarm system is installed in a building, the system shall monitor all fire extinguishing systems, Activation of any fire extinguishing system shall send an alarm signal to the fire alarm control panel and initiate the alarm signaling devices. REQUIREMENTS FOR USE OF CANDLES AND OTHER OPEN-FlAME DEVICES 16.40,180 Flaming Foods and Beverages. Section 2501.18,2 is deleted and replaced to read as follows: 2501.18.2 Flaming foods and beverages. The preparation of flaming foods or beverages shall be in accordance with the following: 1, The fuels for table side cooking shall be limited to canned heating devices (such as Sterno, etc.) and compressed natural gas, The use of liquefied petroleum gases or flammable or combustible liquids is not permitted, 2, Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. They shall not be transported or carried while burning, 3, The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency, 4, The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames, The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches (203.2mm) above the receiving receptacle, and 5. Containers shall be secured to prevent spillage when not in use, 16.40,190 Canned Heating Devices. 2501.18.2.1 Canned heating devices. The heating and cooking of food by canned heating devices shall be in accordance with the following: -10- "tXI,UBIT A" ORDINANCE 1711 1. Combustible products or materials shall not be used in the immediate area where canned heating devices are being utilized, Table coverings are permitted provided they comply with Section 1103.3.3.1, 2, Carts, tables, etc. used in conjunction with canned heating devices must be of adequate construction to prevent tipping or falling. 16,40,200 Use, Storage and Handling of Compressed Natural Gas. 2501.18.2,2 Use, Storage and Handling of Compressed Natural Gas. The use, storage and handling of compressed natural gas involved in the preparation of flaming foods and beverages shall be in accordance with the following: 1. Compressed natural gas cylinders shall not exceed 84 cubic feet in size, . 2, Appliances for use with compressed natural gas must be approved for use with compressed natural gas by the American Gas Association or other nationally recognized technical organization, 3. The use of compressed natural gas may be disallowed based on, but not limited to; unsafe appliances, unsafe building conditions, inadequate exiting and type of cooking involved. 4, Changing of compressed natural gas cylinders shall be done outside of the building by trained personnel. 5, Compressed natural gas cylinders shall be securely stored outside of the kitchen area away from sources of ignition. 6, There shall not be more than one compressed natural gas cylinder for each tableside cart in use at any time. 7. At not time shall the combined quantity of compressed natural gas in use and in storage that is utilized for the preparation of flaming foods and beverages exceed 400 cubic feet in any building 16.40.210 Carts used for Food Preparation. 2501.18.2.3 Carts used for food preparation. Carts utilized for the preparation of flaming foods and beverages must be approved for such use and be equipped with a portable fire extinguisher having a minimum rating of 2A:10Bc. 16.40,220 Portable Deep Fat Fryers, 2501.18.2.4 Portable Deep Fat Fryers, Portable deep fat fryers shall be approved for such use, The portable deep fat fryers shall be placed on a surface of substantial construction as to prevent the fryer from falling over and spilling the grease, A fire -11 "EXHIBIT A II ORDINANCE 1711 extinguisher with a minimurn rating of 40B:C shall be located in the area where the deep fat fryer is being used, MOTOR VEHICLE FUEL-DISPENSING STATIONS 16.40.230 Nozzles. Section 5202.4,3.2, first and second paragraphs, are amended to read as follows: 5202.4.3.2 Nozzles. A listed automatic-closing-type hose nozzle valve with a latch-open device shall be provided on island-type dispensers used for dispensing Oass L II or III- A liquids, Overhead-type dispensing units shall be provided with a listed automatic-dosing- type hose nozzle valve with a latch-open device, 16.40,240 Storage Limits. Section 5204,5,2,1 is added to read as follows: 5204.5.2.1 Storage limits. The storage of compressed natural gas is permitted only in areas zoned as "Induslrial" or as otherwise approved by the Chief. REFRIGERATION 16.40.250 Scope. Section 6301 is amended to read as follows: SECTION 6301- SCOPE Refrigeration unit and system installations having a refrigerant circuit containing more than 220 pounds (100 kg) of Group Al or 30 pounds (13.6 kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See the Mechanical Code for refrigerant group descriptions. See also Sections 8001.1.2, 8001.15, and 8002,- COMPRESSED GASES 16.40,260 Securing Compressed Gas Containers, Cylinders and Tanks. Section 7401.6.4 is amended to read as follows: 7401.6.4 Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling due to contact, vibration or seismic activity. The securing of compressed gas containers shall be with non-combustible restraints and tanks shall be by one of the following methods: EXCEPTION: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing, -12- UEXHIBIT A" ORDINANCE 1711 1, Containers and tanks greater than 26" in height shall be fixed to a secure object with at least two (2) restraints. The restraints shall be equally spaced, so that the bottom restraint is located one third of the distance from the bottom of the container, and the top restraint is located one third of the distance frorn the top of the container. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks, 3, Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4, Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly for such use, EXPLOSIVE MATERIALS 16,49,270 Limits Established by Law. Section 7701.7.2 is amended to read as follows: 7701.7.2 Limits established by Iaw. The storage of explosive materials is permitted only in areas zoned as "Industrial" or as otherwise approved by the Chief, FLAMMABLE AND COMBUSTIBLE LIQUIDS 16.40.280 General. Section 7901,1.1,1 is added to read as follows: 7901.1,1.1 General. The storage, dispensing, mixing, handling and use of flammable and combustible liquids shall be done in a manner so as not to increase the risk of an unauthorized release. 16.40.290 General. Section 7901.8,1 is amended to read as follows: 7901.8.1 General. Buildings, rooms and areas shall be provided with a means to control spillage and to contain or drain spillage and fire-protection water as set forth in Section 7901,8. See also section 8001,14,5, 16.40,300 General. Section 7901,11.1.1 is amended to read as follows: -13- G' EXHIBIT A" ORDINANCE 1711 7901.11.1.1 GENERAL. Piping, valves, fittings and related components intended for use with flammable and combustible liquids shall be designed and fabricated from suitable materials having adequate strength and durability to withstand the pressures, structural stresses and exposures to which they can be subjected. Such equipment shall be in accordance with nationally recognized engineering standards, be listed for the application or be approved by the chief. See Article 90, Standards a 2.2, a 2.3, a 2.4, a 2,5, a 2.6, ul.1D, u 1.11, Nonmetallic piping, if used, shall be installed in accordance with the manufacturer's installation instructions. Containment shall be provided for liquid hazardous materials, Containment includes but is not limited to double walled piping, 16.40,310 Plans for Flammable Liquid Storage. Section 7901,3,2 is deleted in its entirety 16,40.320 Locations Where Above Ground Tanks are Prohibited, Section 7902,2.2,1 is amended to read as follows: 7902.2.2.1 Locations where above ground tanks are prohibited. The storage of Class I, II and Ill-A liquids in aboveground tanks outside of buildings is permitted only in areas zoned as "Industrial" or as otherwise approved by the Chief. Regardless of the provisions of this code for tank locations relative to buildings and property lines, specific site locations for aboveground tanks located outside of buildings shall be as approved by the Chief, HAZARDOUS MATERIALS 16,40.330 General. Section 8001.1.1, first paragraph is amended to read as follows: 8001.1.1 General. Prevention, control and mitigation of dangerous conditions related to storage, dispensing, use, and handling of hazardous materials, regardless of quantity, and information needed by emergency response personnel shall be in accordance with Article 80, This article shall include those parts of Chapter 6.95 (commencing with See. 25500) and Chapter 6.7 (commencing with Sec. 25280) and Chapter 6.75 (commencing with Sec, 25299) of the Health and Safety Code which impose additional requirements or are more restrictive, 16.40.340 General Safety, Section 8001.1.1,1 is added to read as follows: 8001.1.1.1 General safety, The dispensing, mixing, handling, use or storing of hazardous materials shall be done in a manner so as not to increase the risk of an unauthorized release. In the absence of direct regulation by this code, other appropriate regulations, standards, laws ordinances, or other nationally recognized and -14- d tXHiB1J A JJ ORDINANCE 1711 accepted methods of good practice may be applied to define acceptable practices, In the event of conflicting authorities, the most restrictive shall apply, 16.40.350 Limited Application, Sec, 8001,2.2 is amended to read as follows: 8001.2,2 Limited application. For the purposes of Article 80, certain terms are defined as follows: CONTAINER is any vessel of 60 United States gallons (227.1 L) or less capacity used for transporting or storing hazardous materials, OUTDOOR AREA is a single, contiguous property exterior to buildings or without buildings thereon which is under the ownership or control of a single person, See also definition of Person in Section 217, CONTINUOUS GAS-DETECTION SYSTEM is a 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 5 minutes, EXCEPTION: Alternate systems may be approved by the Clùef based upon equivalent protection. 16,40.360 Hazardous Materials Management Plan. Section 8001,3,2, first paragraph, is amended to read as follows: 8001.3.2 Hazardous materials management plan. When required by the clùef, each application for a permit shall include a hazardous materials management plan (HMMP). [Note: the term; hazardous material management plan (HMMP) shall also mean; hazardous materials business plan (HMBP)], The location of the HMMP shall be posted adjacent to permits when an HMMP is provided, The HMMP shall include a facility site plan designating the following: 16.40,370 Reduced Row Orifices. Section 8001,4.2,1 is added to read as follows: 8001,4.2.1 Reduced flow orifices, Containers for lùghly toxic gases shall be equipped with a flow restricting orifice, 16.40.380 Design and Construction. Section 8001.4,3,2 is amended to read as follows: -15- "EXHIBIT A" ORDINANCE 1711 8001.4.3.2 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 frorn materials compatible with the materials to be contained and shall be of adequate strength and durability to withstand pressure, structural and seismic stress, and exposure to which they are subject, 2. Piping and tubing shall be identified in accordance with nationally recognized standards (see Article 90 Standard a,2.1) to indicate the material conveyed, 3. Emergency shutoff valves shall be identified and the location shall be clearly visible and indicated by means of a sign, and 4, Backflow-prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 5, Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping, and instrumentation and to accommodate the expansion of regulated materials, 6. Containment shall be provided for liquid hazardous materials. Containment includes but is not limited to double walled piping, 16.40.390 Additional Regulations for Supply Piping for Health Hazard Materials. Section 8001.4.3.3. is amended to read as follows: 8001.4.3.3 Additional regulations for supply piping for health hazard materials. Supply piping and tubing for moderately toxic, toxic and highly toxic gases and for liquids having a health hazard ranking of 3 or 4 in accordance with UFC Standard 79-3 shall also be in accordance with the following: 1, Piping and tubing utilized for the transmission of moderately toxic gases or toxic or highly toxic gases or rnaterial shall have welded or brazed connections throughout unless an exhausted enclosure is provided if the materials is a gas, or the piping is provided with a receptor for containment if the material is a liquid, EXCEPTION: Nonmetallic piping with approved connections. 2, Highly toxic gases and toxic and moderately toxic corrosive gases shall be provided with double walled piping, or equivalent U EXHiBIT A" -16- ORDINANCE 1711 EXCEPTION: Toxic or moderately toxic gases when provided with primary containment materials inert to the hazards of the gas. 3, Piping and tubing shall not be located in exit corridors, within any portion of an exit required to be enclosed in fire resistive construction, or above areas not classified as Group H Occupancies. EXCEPTION: Piping and tubing within the space defined by the walls of exit corridors and floor or roof above or in concealed space above other occupancies when installed in accordance with the Building Code as required for Group H, Division 6 Occupancies, See UBC Section 307,11.6,2, 4. Where gases or liquids are carried in pressurized piping above 15 psig (103.4kPa), excess flow control shall be provided. Where the piping originates from within a the storage room or area, the excess flow control shall be located within a hazardous materials storage room or area. Where piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical, and 5. Readily accessible manual or automatic remotely activated fail-safe emergency shut- off valves shall be installed on supply piping and tubing at the following locations: 5,1 The point of use, and 5.2 The tank, cylinder or bulk source. 16.40.400 Notification, Section 8001.5,2,2 is amended to read as follows: 8001.5.2.2 Notification. The chief shall be notified immediately when a threatened release or unauthorized discharge escapes secondary containment, or is contained but presents a threat to health or property, or becomes reportable under state, federal or local regulations, 16,40.410 Identification Signs. Section 8001.7 is amended to read as follows: _8001.7 Identification signs. Visible hazard identification signs as specified in U,F,c. Standard 79-3 shall be placed at entrances to locations where hazardous materials are stored, dispensed, used or handled in quantities requiring a permit Signs shall be provided at specific entrances designated by the chief. Individual containers, cartons, packages piping, gas cabinets, equipment, or rooms shall be conspicuously marked or labeled in accordance with the departments labeling guideline or, if unavailable, with nationally recognized standards. See also Section 8003.1,2 "EXHIBIT A" -17- ORDINANCE 1711 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, 16,40,420 Annual Maintenance. Section 8001.4,7.4 is added to read as follows: _8001.4.7,4 Annual maintenance, All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the Fire deparbnent for inspection upon request 16,40.430 Separation of Incompatible Hazardous MateriaIs. Section 8001,9.8 is amended to read as follows: 8001.9.8 Separation of incompatible hazardous materials. Incompatible hazardous materials shall be separated, Separation by hazard class is appropriate unless otherwise approved by the chief or in following nationally recognized standards, Separation shall be accomplished by: 1. Segregating incompatible hazardous materials by a distance of not less than 20 feet (6096 mm) and an independent containment system, or secondary containment, 2. Isolating incompatible hazardous materials by a non combustible partition extending not less than 18 inches (457.2 mm) above and to the sides of the stored material, 3, Storing liquid and solid materials in hazardous materials storage cabinets. (See Section 8003.1.10), or 4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 8003,3.1.3,2 and 9003,3,1,3,3, Materials which are incompatible shall not be within the same cabinet or exhausted enclosure. 16,40.440 Facility Transporl Section 8001,10,1,1 is added to read as follows: 8001.10.1.1 Facility transport When hazardous materials are in transport in or about a facility, they shall remain in the travel path only for the time reasonably necessary to effect the transfer, 16.40.450 Transport Safety. Section 8001.10,1,2 is added to read as follows: -18- "EXHIBIT A" ORDINANCE 1711 8001.10.1.2 Transport safety. Movement of hazardous materials in or about a facility shall be done in a manner which will not substantially increase the risk of unauthorized release. Hazardous materials shall be accornpanied by a trained (pursuant to See, 8001,1.9,1) person when in transit to their use or storage point. 16.40.460 Height. Section 8001.12.3,3 is amended to read as follows: 8001,12,3.3 Height. Display height shall not exceed 6 feet (1829 mm) in areas open to the public unless such storage is seismically secure to prevent any unsafe movement in the event of a major earthquake, 16.40,470 Containment Requirements. Section 8001.14.5 is added to read as follows: 8001.14.5 Containment requirements, Containment system shall be required for all hazardous materials which are liquids or solids at normal temperature and pressure (NTP) , Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of 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, The chief may require outside containment areas to be covered with a roof or canopy for protection from the environment, In the case of an installation with one primary container, thè secondary containment shall be large enough to contain at least 100 percent of the volume of the primary tank. In the case of multiple primary tanks, the secondary container shall be large enough to contain 150 percent of the volume of the largest primary tank placed in it, or 10 percent of the volume of the aggregate internal volume of all primary tanks, whichever is greater, 16.40,480 Highly Toxic and Toxic Gases. Section 8001,14.6 is added to read as follows: 8001,14.6 HigWy toxic and toxic gases. 16,40.490 Indoor Storage. Section 8001,14,6,1 is added to read as follows: 8001.14.6.1 Indoor storage. Indoor storage of toxic gases in amounts exceeding 10 cubic feet per control area, and highly toxic gases in any amount shall be in accordance with Sections 8001,1, 8001.14.6, 8001.15, 8003,3,1, and 8003,3,3, -19- UEXH~BIT AU ORDINANCE 1711 16.40,500 Outdoor Storage. Section 8001,14,6.2 is added to read as follows: 8001.14.6.2 Outdoor storage. Outdoor storage of toxic gases in amounts exceeding 10 cubic feet per outdoor area, and highly toxic gases in any amount shall be in accordance with Sections 8003.1, 8001,14.6, 8001,15.2, 8003,3.2, and 8003.3,3, 16.40.510 Indoor Use, Section 8001,14,6.3 is added to read as follows: 8001.14.6.3 Indoor use. Indoor use of toxic gases in amounts exceeding 10 cubic feet per control area and highly toxic gases in any amount shall be in accordance with Section 8001,14.6,8001.15 and 8004.2,3.7. 16.40.520 Outdoor Use. Section 8001,14,6,4 is added to read as follows: 8001.14.6.4 Outdoor use. Outdoor use of toxic gases in amounts exceeding 10 cubic feet per outdoor area and highly toxic gases in any amount shall be in accordance with Sections 8001,14.6, 8001.15.2 and 8004.3.6. 16.40.530 Seismic Shut-off Valve. Section 8001.14.6.5 is added to read as follows: 8001.14.6.5 Seismic 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 toxic or highly toxic gases. 16.40,540 Fire Extinguishing Systems. Section 8001,14.6,6 is added to read as follows: 8001.14.6.6 Fire extinguishing systems. Indoor storage and use areas and exterior use areas and storage buildings shall be protected by an automatic fire sprinkler system in accordance with Section 8003,1.11, 16.40.550 Automatic Shut-off Valve. Section 8001,14,6,7 is added to read as follows: 8001.14.6.7 Automatic shut-off valve. An automatic 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 rnanual fire alarm. 2. Activation of the gas detection system. -20- U EXHIBIT A" ORDINANCE 1711 3, Failure of emergency power, 4. Manually, from remote locations, 5. Failure of primary containment. 6. A significant seismic event. An automatic valve which is of a fail safe to close design shall be provided to shut-off the supply of toxic gases upon activation of the gas detection system or upon seismic activity, 16.40.560 Emergency Control Station, Section 8001,14,6.8 is added to read as follows: 8001.14,6.8 Emergency control station. For highly toxic gases, signals from emergency equipment shall be transmitted to an emergency control station which is continually staffed by trained personnel. 16.40.570 Local Gas Shut-off, Section 8001.14,6.9 is added to read as follows: 8001.14.6,9 Local gas shut off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the Chief, The Chief 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 "fail safe to close design", 16.40.580 Inert Gas Purge System. Section 8001,14.6.10 is added to read as follows: 8001.14.6.10 Inert gas purge system, Gas systems shall be provided with dedicated inert gas purge systems, 16.40.590 Maximum Threshold Quanity. Section 8001.14.6,11 is added to read as follows: 8001.14.6.11 Maximum threshoId quantity. Toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for highly toxic gases of sections 8001,14.6,8001.4,3.2 and 8001.4,3,3 of this code, 16.40.600 Moderately Toxic Gases Including Those Used as Refrigerants. Section 8001,15 is added to read as follows: 8001.15 Moderately toxic gases including those used as refrigerants. Moderately toxic gases including those used as refrigerants shall be in accordance with sections -21- UIXHIBITA" ORDINANCE 1711 8003,3,3,3.1,8001.4,7.4,8001.14,6,6,8003,1.11 and 8001.4,3.2 in addition to the requirements of this section. 16.40,610 Indoor Storage. Section 8001.15.1 is added to read as follows: 8001.15,1 Indoor storage. Indoor storage of moderately toxic gases in excess of 20 cubic feet per area bounded by no less than a one-hour fire-restive occupancy separation shall be in accordance with 8001.15.1 16.40.620 Venölation, Section 8001,15.1,2 is added to read as follows: 8001.15.1,2 Venölation. Cylinders shall be stored within gas cabinets, exhausted enclosures, or gas storage rooms. Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures, 16,40.630 Treatment Systems. Section 8001,15.1,3 is added to read as follows: 8001.15,1.3 Treatment systems. Treatment systems shall be utilized to process all exhaust ventilation to be dišcharged from gas cabinets, exhausted enclosures and gas rooms in accordance with Section 9003.3.1.3.5. 16,40.640 Gas Detection. Section 8001,15,1.4 is added to read as follows: 8001.15.1.4 Gas detection, A continuous gas detection system shall be provided to detect the presence of a gas at or below the permissible exposure limit or ceiling limit in accordance with Section 8003.3.1.6. 16.40.650 Outdoor Storage, Section 8001.15,2 is added to read as follows: 8001,15.2 Outdoor storage. Outdoor storage of moderately toxic gases in excess of 20 cubic feet per outdoor area shall be in accordance with Section 8001,14.6,6 and 8001.15,2, 16.40.660 Canopies. Section 8001.15,2.1 is added to read as follows: 8001.15.2.1 Canopies. Portable tanks and cylinders shall be stored under a canopy of non combustible construction. -22- "EXHIBIT AU ORDINANCE 1711 16,40.670 Piping and Controls, Section 8001.15.2.2 is added to read as follows: 8001.15.2.2 Piping and controls. In addition to the requirements of Section 8001.4.3, piping and controls on stationary tanks shall be in accordance with Section 8003,3,2.4, 16.40.680 Leaking Cylinders. Section 8001,15,2.3 is added to read as follows: 8001.15,2.3 Leaking cylinders. One or more gas cabinets or exhausted enclosures shall be provided to handle leaking cylinders in accordance with Section 8003,3.3,3, 16.40.690 Local Exhaust for Leaking Portable Tanks. Section 8001,15,2.4 is added to read as follows: 8001.15.24 Local exhaust for leaking portable tanks. A means of local exhaust shall be provided to capture leaks from portable tanks in accordance with Section 8003,3,3.4. 16.40.700 Indoor Use, Section 8001,15.3 is added to read as follows: 8001.15.3 Indoor use. Indoor use of moderately toxic gases in excess of 20 cubic feet per area bounded by not less than a one-hour fire-resistive occupancy separation shall be in accordance with Section 8001,15,3 and the storage provisions of Section 8001,15.1. 16,40,710 Inert Gas Purge System. Section 8001.15,3,1 is added to read as follows: 8001,15,3.1 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. 16.40.720 Outdoor Use. Section 8001,15.4 is added to read as follows: 8001.15,4 Outdoor use. Outdoor use of moderately toxic gases in excess of 20 cubic feet shall be in accordance the Section 8001,15.4 and the storage provisions of Section 8001,15,2 16.40.730 Ventilation. Section 8001.15.4.1 is added to read as follows: 8001.15.4.1 Ventilation, When cylinders, containers or portable tanks are used outdoors, gas cabinets or exhausted enclosures shall be provided, -23- "EXHIBIT AU ORDINANCE 1711 16.40.740 Treatment Systems. Section 8001.15.4,2 is added to read as follows: 8001.15.4.2 Treabnent systems. Treatment systems shall be utilized to process all exhaust to be discharged from gas cabinets or exhausted enclosures in accordance with Section 8003.3,1.3.5. 16.40.750 Moderately Toxic Gases With a L: 50 Equal to or Less Than 3000 Parts Per Million. Section 8001,15,5 is added to read as follows: 8001.15,5 Moderately toxic gases with a Ie 50 equal to or less than 3000 parts per million. Notwithstanding the hazard class definition in Section 214-M, moderately toxic gases with an LC50 less than 3000 parts per million shall comply with the requirements of Sections 8001.15, 16.40.760 Maximum Threshold Quantity. Section 8001.16 is added to read as follows: 8001.16 Maximum threshold quantity. Moderately toxic gases stored or used in quantities exceeding 500,000 cubic feet in a single container per control area or outdoor use area shall comply with the additional requirements for toxic gases of sections 8001,14 and 8001.4,3.3 of this code; moderately toxic gases stored or used in quantities exceeding 1,000,000 cubic feet per control area or outdoor use area shall also comply with the additional requirements for highly toxic gases of sections 8001.14 and 8001.4,3.3 of this code. 16.40.770 General. Section 8003.1 is amended to read as follows: 8003.1 General. Indoor storage of toxic and highly toxic compressed gases in amounts exceeding the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8003,1, 8003.3,1, 8003.3,3.3, and 8001,14.6, 16.40.780 Secondary Containment. Section 8003.1.7.4 is amended to read as follows: 8003.1.7.4 Secondary containment. Drains shall be directed to containment systems or other locations designed as secondary containment for the hazardous materials liquids and fire-protection water, or the building, room or area shall be designed to provide secondary containment of hazardous materials liquids and fire protection waster through the use of recessed floors or liquid tight raised sills. -24- H EXHIBIT A" ORDINANCE 1711 Secondary containment shall be sized in accordance with section 8001.14.5, The volume contained shall include the sized amount plus the design flow rate of the automatic fire-extinguishing system for the area of the room or area in which the storage is located or the system design area, whichever is smaller, The containment capacity shall be capable of containing the flow for a period of 20 minutes. Overflow from the secondary containment system shall be provided to direct liquid leakage and fire-protection water to a safe location away from the building, valves, means of egress, fire access roadway, adjoining property or storm drains. If the storage area is open to rainfall, the secondary containment shall be designed to accommodate the volume of a 24-hour rainfall as determined by a 25-year storm. Where curbs are used, provisions shall be made for draining accumulations of groundwater or rainwater, A monitoring method capable of detecting hazardous material leakage from the primary containment into the secondary containment shall be provided, Visual inspection of the primary containment shall be used unless other means of monitoring are approved by the chief, Where secondary containment is subject to the intrusion of water, a monitoring method for such water shall be provided. When monitoring devices are provided, they shall be connected to distinct visual or audible alarms. 16.40.790 General. Section 8003.1,14,1 is amended to read as follows: 8003.1.14.1 General. Limit controls shall be provided in accordance with Section 8003,1,14. Sections 8003,1,14,2 and 8003,1,14,3 shall also apply to materials in quantities that do not exceed the exempt amounts. 16.40,800 Ventilated Area. Section 8003.3.1.3.1 is amended to read as follows: 8003.3.1.3.1 Ventilated area. Cylinders shall be stored within gas cabinets, exhausted enclosures or gas rooms, Portable and stationary tanks shall be stored within gas rooms or exhausted enclosures, The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation that is independent of the ventilation required for gas cabinets and exhausted enclosures, 16,40,810 Emergency Power. Section 8003.3.1,4 is amended to read as follows: 8003.3,1.4 Emergency power. Emergency power shall be provided for highly toxic and toxic gases in amounts exceeding the exempt amounts in lieu of standby power for: -25- "f:)(JlllIllr }\" ORDINANCE 1711 1, Exhaust ventilation, including the power supply for treabnent systems, 2. Gas detection systems, 3. Emergency alarm systems. 4, Ternperature control systems, 16.40,820 General. Section 8003,3.2,1 is amended to read as follows: 8003.3.2,1 General. Outdoor storage of highly toxic or toxic compressed gases in amounts exceeding exempt amounts set forth in Section 8001,13 shall be in accordance with Sections 8003,1, 8003,3,2, 8003,3,3 and 8001,14,6, 16.40.830 Distance Limitation to Exposures. Section 8003,3,2.2,2 is amended to read as follows: 8003,3.222 Distance limitation to exposures. Outdoor storage of moderately toxic, toxic and highly toxic compressed gases shall not be within 75 feet (22, 860 mm) of a building, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure having a minimum fire resistive rating of two hours and which interrupts the line of sight between the storage and the exposure. The shielding structure shall be at least five (5) feet from any exposure. The shielding structure shall not have more than two sides at approximately 90-degree directions, or three sides with connecting angles of approximately 135 degrees. 16.40.840 Cylinder Leak Testing. Section 8003,3.3.3,1 is added to read as follows: 8003.3.3.3.1 Cylinder leak testing, Compressed gas cylinders shall be inspected for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the Chief in accordance with appropriate nationally recognized industry standards and practices, if any, Appropriate remedial actions shall be immediately undertaken when leaks are detected. 16.40,850 Excess Flow Control. Section 8003,3,3.4,1 is added to read as follows: 8003.3.3.4,1 Excess flow control. Portable tanks, and cylinders shall be provided with excess flow control. Valves shall be permanently marked to indicate the maximum design flow rate, EXCEPTION; Moderately toxic gas. 16.40.860 Applicability. -26- "EXHIBIT A" ORDINANCE 1711 Section 8004,1,1 is amended to read as follows: 8004.1.1 Applicability, Use, dispensing and handling of hazardous materials where the aggregate quantity is in excess of the exempt amount set forth in Section 8001,13 shall be in accordance with Sections 8001 and 8004. Use dispensing and handling of hazardous materials where the aggregate quantity does not exceed the exempt amounts set forth in Section 8001.13 shall be in accordance with Section 8001, For flammable, oxidizing, pyrophoric, toxic, and highly toxic gases, see also Section 8001,14, 16.40.870 Emergency Alarm. Section 8004,1,19 is added to read as follows: 8004.1.19 Emergency alarm. See Section 8003,1,15. LIQUEFIED PETROLEUM GASES 16,40.880 Permits and Plans. Section 8202,1, third paragraph, is amended to read as follows: 8202.1 Permits and plans, Where a single container is over 125 gallons water capacity or the aggregate capacity of containers is over 125 gallon water capacity, the installer shall submit plans for such installations, 16.40.890 Established Limits, Section 8204,2,1 is added to read as follows: 8204.2.1 Established limits. The storage of liquefied petroleum gasses is prohibited in heavily populated or congested commercial areas, SUPPRESSION AND CONTROL OF HAZARDOUS FIRE AREAS 16.40.900 Firebreak Vegetation, Section 16,3 is added to Appendix II-A to read as follows: 16.3 Firebreak Vegetation. When brush or vegetation growth is removed and cleared away to provide a firebreak as required by 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. 16.40.910 Roof Coverings. -27- "EXHIBIT A" ORDINANCE 1711 Section 25 is added to Appendix II-A to read as follows: SECTION 25 - Roof Coverings. Roof coverings on all buildings shall be fire-retardant, and shall comply with the standards established for Uniform Building Code Class A roofing. Re-roofing of existing buildings shall comply with the above except that any re-roofing of less than ten percent (10%) of the total roof area on any building shall be exempt from this requirement Additions to existing buildings exceeding ten percent (10%) of the total roof area shall comply with this section, FIRE HYDRANT LOCATIONS AND DISTRIBUTION 16,40,920 Disbibution of Fire Hydrants. Section 5 of Appendix moB is amended to read as follows: SECTION 5 - DISTRIBUTION OF FIRE HYDRANTS The average spacing between fire hydrants shall not exceed that listed in Table A-III-B- 1. EXCEPTION: The maximum spacing of hydrants in commercial areas shall be 250 feet. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table A-III-B-1, 16.40.930 Violations - Penalties. Chapter 1,12 of the Cupertino Municipal code titled General Penalty is added to this chapter by reference, 16.40.940 Hearing, The ordinance codified in this chapter shall, after first reading, be scheduled for public hearing as provided in Section 50022.3 of the Government Code. Notice of hearing shall be published pursuant to Section 6066 of the Government Code in the Cupertino Courier, Copies of the Uniform Code and the ordinance codified in this chapter shall be on file with the City Clerk and open for public inspections. 16.40.950 Abatement of Hazard. A. The maintenance of real property in violation of this code, or of any order of the fire district pursuant thereto, is declared to be a public nuisance and is subject to the abatement procedures of Chapter 1.09 of the Cupertino Municipal Code, B. Notwithstanding subsection A of this section, if real property is maintained in violation of this code or any order of the fire district pursuant thereto and such -28- "EXHIBIT A" ORDINANCE 1711 maintenance constitutes, in the opinion of the Fire Chief, a fire hazard of such a nature that immediate action is required to protect the public health, safety and welfare, the fire district may take all necessary and immediate steps to abate the hazard without complying with the notice requirements of chapter 1,09 of this code. C. The cost of any abatement as described in subsections A or B of this section shall be collected as provided in Section 1,09,110 et seq, of the Cupertino Municipal Code, D. Intent It is the intent of this section to provide a method of hazardous abatement on private property where no owner or responsible person can be found and the hazard is of a nature requiring immediate action in order to protect the public, -29- "EXHIBIT A"