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CC Ordinance 1748ORDINANCE 1748 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 17.04 AND 17.08 AND ADDING 17.80 APPEALS OF THE CAMPBELL MUNICIPAL CODE, REVISED, TO ADOPT THE 1985 EDITON OF THE UNIFORM FIRE CODE, PROVIDE FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS. The City Council of the City of Campbell does ordain as follows: Section 1. Section 17.04.010 of the Campbell Municipal Code, Revised, is hereby amended by striking out the section as it presently reads and reenacting it to read as follows: 17.04.010 Adoption of 1985 Edition of the Uniform Fire Code There is hereby adopted by the City of Campbell for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, panic, or hazardous materials that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I A, I B, and I C; III -A, III-C and III-D; V-A, and VI-D, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1985 Editions thereof and the whole thereof, save and except such portions as are herein after deleted, modified or amended by Section 6 of this Ordinance of which Code and Standards not less than three (3) copies have been and are now filed in the office of the clerk of the City of Campbell, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of Campbell. Section 2. Section 17.04.030 of the Campbell Municipal Code, Revised, is hereby amended by striking out the language of the section as it currently reads, and reenacting it to read as follows: 17.04.030 Definitions: (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is held to mean the City of Campbell. (b) Wherever the Uniform Fire Code refers to the chief of the fire department or the chief of the fire prevention bureau, this means the fire chief of the city and wherever the code refers to the fire department or the bureau of fire prevention, this means the fire department of the city. (Prior code 3102). -1- Section 3 Section 17.04.040 of the Campbell Municipal Code, Revised, is hereby stricken out in its entirety: Section 4 Section 17.04.060 of the Campbell Municipal Code, Revised, is hereby stricken out as it presently reads, and reenacted to read as follows: 17.04.060. Establishment of Limits on Storage of Various Materials. (A) Prohibitions on Storage of Flammable or Combustible Liquids in Outside Above -Ground tanks. (1) Pursuant to Sections 79.501 and 79.1001 of the Uniform Fire Code, the limits in which the bulk storage of Class I and Class II Flammable or Combustible Liquids in above -ground tanks is prohibited shall consist of the City Limits of the City of Campbell. Ord. 1511, Sub -Section 1(part), 1984; Ord. 1345, Sub -Section 1, 1981; Ord. 1298, Sub -Section 1(part), 1980. (B) Establishment of Limits in Which Bulk Storage of Liquid Petroleum Gases are to be Prohibited. Pursuant to Section 82.105(a) of the Uniform Fire Code, the limits in which bulk storage of liquified petroleum gas is prohibited shall consist of the City Limits of the City of Campbell. (C) Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. Pursuant to Section 77.106(b) of the Uniform Fire Code, the limits in which storage of explosives and blasting agents is prohibited shall consist of the City Limits of the City of Campbell. Section 5. Section 17.04.070 is hereby stricken out in its entirety. Section 6. Section 17.04.080 is hereby stricken out as it presently reads, and is reenacted to read as follows: 17.04.080. Amendments to the Uniform Fire Code The Uniform Fire Code is amended and changed in the following respects: (A) Section 3.105 is added to read: "Section 3.105 - Authority to Require Exposure or to Stop Work. Whenever any installation is covered or concealed without first having been inspected, the fire chief may require, by written notice, that such work shall be exposed for -2- inspection. The work of exposing the recovering shall not entail any expense to the City. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved by the fire chief, 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 portion until the violation has been corrected. (Ord. 1551, l(part), 1984; Ord. 129, 1(part), 1980). (B) Section 4.102(b) shall be amended to read: (b) A permit issued under this code shall continue until revoked or for such a period of time as designated therein at the time of issuance. It shall not be transferable and any change in use, occupancy, operation or ownership shall require a new permit. EXCEPTION: Fees for fumigation which are cancelled may be transferred. (C) Section 4.107(b) shall be amended to read: (b) It is used for a location other than that for which it was issued. EXCEPTION: Fumigation permits may be transferred as defined in Section 4.102(b). (D) Section 10.207(m) is added to read: (m) Access -Parking May Be Prohibited. If in the judgment of the fire chief, it is necessary to prohibit vehicular parking along private accessways in order to keep them clear and unobstructed, he may require the owner, leassee or other person in charge of the premised 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, leassee or other person in charge to fail to install and maintain in good condition the form of notice self 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, marking or contrary to such sign. Any such marking or sign shall read, "No Parking - Fire Lane." (Ord. 1511, 1(part), 1984; Ord. 1298 1(part), 1980). (E) Section 10.207 (n) shall be added to read: (n) BUILDINGS REQUIRING FIRE DEPARTMENT LADDER TRUCK ACCESS Buildings which exceed 10,000 square feet in total floor area or more than two floors in height, shall have a fire access roadway constructed to within 30 feet of at least two sides of the building. -3- (F) Section 10.207 (o) shall be added to read: (o) REQUIREMENT FOR SECOND MEANS OF EGRESS Required access roadways which exceed 500 feet in length from a public street shall have a second means of ingress/egress to a public street. (G) Section 10.301(d) shall be amended to read: (d) TIMING OF INSTALLATION When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of construction. When alternate methods of protection as approved by the fire chief are provided, the above may be modified or waived. Such installations shall be at the expense of the owner or the developer. (Ord. 1511, l(part), 1984, Ord. 1345 1, 1981; Ord 1298 1(part), 1980). (H) Section 10.301(f) shall be added to read: (c) SPACING OF HYDRANTS (1) On Streets. On public streets, fire hydrants shall be located at intervals not to exceed 600 feet in residential areas and 450 feet in commercial/industrial areas. On private access roads, municipal hydrants shall be located at intervals not to exceed 300 feet. Measurements shall be determined from the closest available hydrant, either publicly or privately maintained. (2) ON -SITE HYDRANT On -site hydrant shall have a minimum main size of six inches in diameter. Minimum hydrant flows for residential developments shall be 1,000 gpm; for commercial development 1,500 gpm. Design of on -site fire hydrant systems shall comply with NFPA Standard 24. Fire hydrants located adjacent to access roadways shall be municipal type, with one (4") and two (2-1/2") outlets (Rich 76 or equivalent specifications). The lowest outlet of municipal hydrants shall be located at least 24 inches above finish grade. -4- All fire hydrants and control valves shall be painted safety yellow. Hydrants located in landscaped areas shall be placed over a 36 inch square concrete pad. (I) Section 10.307(d) shall be added to read: (3) EXCEPTION: Residential or quick -response standard sprinkler heads shall be used in dwelling units and guest room portions of a building. (4) EXCEPTION: When approved by the fire chief, apartments or condominimums may install a modified version of N.F.P.A. 13 only when the total square footage is less than 10,000. (J) Section 10.308(b)(5) shall be added to read: (b) ALL OCCUPANCIES: An automatic sprinkler system shall be installed: 5) In all newly constructed buildings or structures with a total floor area of 5,000 square feet or greater. For purposes of this paragraph, total floor area shall mean the area within the surrounding exterior walls of the building. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Neither area separation walls nor occupancy separations shall be interpreted as reducing total floor area when determining automatic sprinkler system requirements. EXCEPTION: Single family dwellings separated by property lines with exterior wall protection as required in the Uniform Building Code. 6) Automatic sprinkler systems shall be installed in all occupancies when the building is four or more stories or more than fifty feet in height. 7) In existing buildings or structures which are modified to increase the total floor area to 5,000 square feet or greater. For purposes of this paragraph, total floor area shall mean the area within the surrounding exterior walls of the building. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Neither area separation walls nor occupancy separations shall be interpreted as reducing total floor area when determining automatic sprinkler system requirements. -5- entirety. entirety. (1) EXCEPTION: Single family dwellings separated by property lines with exterior wall protection as required in the Uniform Building Code. (2) EXCEPTION: Buildings in existance at the time of the adoption of this code provided that the total square footage with any addition does not exceed 10,000 square feet. (K) Section 10.308(c)3 shall be stricken out and repealed in its (L) Section 10.308(d) shall be stricken out and repealed in its (M) Section 10.309(b) shall be added to read: (b) Automatic sprinkler systems required by this section shall be electrically supervised by an approved central station, proprietary or remote station alarm service. Supervision includes flow devices and anti -tamper detection on all control valves. Supervision shall be tested and in service prior to final approval of the system. (Ord. 1511 l(part), 1984; (rd. 1345 1, 1981; Ord. 1298 1(part), 1980). (N) Section 10.311(f) shall be added to read: (f) HOSE OUTLETS IN SPRINKLERED BUILDINGS In sprinklered buildings with more than 10,000 square feet of floor area, 1-1/2" hose outlets for fire department use shall be provided on each floor. Such hose outlets shall be located so that all portions of the building are within 30 feet of a nozzle attached to 100 feet of hose. 1 1/2" hose outlets shall be connected to a minimum 1 1/2" piping which is supplied from a minimum 2" cross main or cross loop water main. (0) Section 10.315. FIRE PROTECTION FOR MID -RISE BUILDINGS (a) Scope. This section shall apply to all newly constructed buildings and structures, each having floors used for human occupancy located more than 55 feet, but less than 75 feet, above the lowest level of fire department vehicle access. (b) Fire Safety Systems. Fire safety systems shall be provided in accordance with Sections 1807(d) through 1807(k) inclusive, of the 1985 edition of the Uniform Building Code. (P) Section 11.303 shall be added to read: 11.303 FALSE ALARM FEES (a) It shall be the responsibility of building owners and responsibles to maintain all fire alarm and fire sprinkler equipment in good repair and to promptly investigate and correct conditions which may cause false alarms. (b) The Fire Department may recover standard response fees from responsible parties, when false alarms occur under the following circumstances: (1) An emergency response occurs because the responsible has failed to notify the Fire Department when working on or testing a sprinkler or fire alarm system. (2) An alarm system malfunction which results in an emergency response on more than two occasions in 30 days or more than three occasions within six months. (Q) Section 25.114(c) shall be amended by striking out the word "shall" from the second sentence, and replacing it with the word "may," so that the subsection reads: (c) Overcrowding. No person shall permit overcrowding or admittance of any person beyond the approved capacity of any place of public assemblage. The chief, upon finding any overcrowding conditions or obstruction in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life, may cause the performance, presentation spectacle or entertainment to be stopped until such condition or obstruction is corrected. (R) Section 30.105(a) shall be amended to read: (a) Sawmills, planing mills, and other woodworking plants shall be equipped with refuse removal systems which will collect and remove sawdust and shavings as produced. Blower and exhaust systems shall be installed in accordance with the provisions of the Mechanical Code. All electrical services installed shall comply with the National Electrical Code. EXCEPTION: Dust collection systems shall not be required where two of less pieces of equipment are used on an infrequent basis, provided that good housekeeping practices are followed. -7- (S) Section 45.202(b) shall be amended to read: (b) In other occupancies, all spraying operations performed inside of a building shall be conducted in an approved spray booth, spraying area of spraying room approved for such use. (T) Section 47.104 shall be amended to read: 47.104. NOTIFICATION OF FUMIGATION The fire chief shall be notified at least 24 hours before any building or structure is to be closed in connection with the use of any toxic or flammable fumigate. No fumigation shall begin until a written permit from the chief is received by the contractor, pursuant to Section 47.102. (U) Sections 52.101 through 52.108 inclusive, encompassing a new article entitled "METAL PROCESSING" shall be added: ARTICLE 52: METAL PROCESSING 52.101 SCOPE This article shall apply to locations where the following activities are conducted: 1. Operations in which articles or materials are passed through the contents of tanks, vats, or containers of corrosive or toxic liquids, including anodizing, coating, etching, finishing, plating, treatment, and similar processes; and - 2. Operations in which articles or materials are passed through corrosive or toxic liquid spray or mist for the purpose of anodizing, coating, etching, finishing, plating, treatment and similar processes. 52.102 PERMITS For permits to operate a metal processing occupancy, see Section 4.101 Hazardous Materials. 52.103 ELECTRICAL Heated solution tanks or containers shall have approved automatic shut-off controls for low liquid levels and excessive heat. EXCEPTIONS: 1. Approved noncombustible tanks or containers 2. Solutions heated by steam 52.104 EXITS AND DEAD-END AISLE (a) Stairs, exits, and smokeproof enclosures shall be provided as specified in UBC Chapter 33 for H2 occupancies. (b) Dead-end aisles formed by process equipment shall not exceed twenty (20) feet. 52.105 OCCUPANCY SEPARATIONS Occupancy separations shall be provided in accordance with UBC Sec. 503(d) for H2 occupancies. (a) Fire protection shall be provided in accordance with Sec. 10.301(b), "Special Hazards." (b) AUTOMATIC SPRINKLERS Rooms containing metal processing operations shall be protected by automatic sprinkler systems in accordance with UBC Standard 38-1. (c) TOXIC GAS MONITORING An approved toxic gas monitoring system shall be installed in rooms where a potential exists for the release of hydrogen cyanide or other highly toxic gases. 52.106 VENTILATION SYSTEMS Mechanical ventilation shall be provided to maintain a safe atmosphere at all times in accordance with approved standards. (V) Section 79.201(e) 3 (ii) shall be amended to read: (ii) In rooms or areas not accessible to the public, storage shall not exceed 120 gallons of Class I-B, 180 gallons of Class I-C, 240 gallons of Class II or 660 gallons of Class III -A liquids, or 240 gallons in any combination of Class I and Class II liquids, subject to the limitations of the individual class. Storage of Class I -A liquids shall be prohibited in basements and limited to one (1) gallons per square foot or sixty (60) gallons, whichever is greater, on other floors. EXCEPTION: In areas not protected with automatic sprinklers installed in accordance with UBC Standard No. 38-1 for extra -hazardous occupancy, the storage of Classes I-B, I-C and II liquids other than on the ground floor shall be limited to one (1) gallon per square foot of floor area actually being used for merchandising liquids. The maximum quantity permitted shall be determined by using only that floor area actually occupied by liquid merchandise, including any contiguous aisle space. Quantities exceeding these limitations shall be stored in an approved liquid storage room or liquid warehouse in accordance with Sections 79.202 and 79.203. The manner of storage shall be in accordance with Subsection (f) of this section. Dispensing shall be in accordance with Division VIII. (W) Section 79.301, 79.302, and 79.303 encompassing Division III, Article 79 entitled "Stationary Tank Storage Inside Buildings" shall be deleted entirely. (X) Section 79.903(f) (7) shall be added to read: (7) In facilities where the attention of a sole attendant can be diverted from the control of dispensing flammable liquids, an additional attendant will be present to care for the emergency needs in that facility. (Ord. 1511 1(part), 1984; Ord. 1345 1, 1981; Ord. 1298 1(part), 1980) (Y) Appendix I-B sections shall be amended as follows but in all other respects shall be adopted as it currently reads: Section 2.1(a) shall be amended to read: 2.1(a) Purpose. The purpose of this appendix is to provide a reasonable degree of safety to persons occupying existing high-rise buildings by requiring minimum standards for automatic fire sprinkler systems, exit corridors, exit stairways, elevator lobbies, monitored alarm systems and emergency plans. Section 2.1(c)(1) shall be amended to read: 2.1(c) Permits Required. 1. Permits shall be obtained as required by the Fire and Building Codes. Section 2.1(e)l shall be amended to read: 2.1(e)1-Subsections-(k) Emergency plan, (1) posting, and (m) drills shall be completed by December 31, 1989. Section 2.1(e)2 shall be amended to read: 2.1(e)2 The owners of buildings affected by this appendix or their representatives shall submit preliminary plans to the chief showing intended methods of compliance with subsection(a) through (j) by 12/31/89. -10- Section 2.1(e)3 shall be amended to read: 2.1(e)3-Subsections (e) stairwell doors, (h) fire alarm, (i) fire alarm supervision shall be completed by June 30, 1990 EXCEPTION: The compliance date for the fire alarm system may be extended for a period not to exceed one year, upon approval of the chief, in the event that installation involves the removal, abatement, or treatment of asbestos. Section 2.1(e)4 shall be amended to read: 2.1(e)4-Subsections (a) partial sprinkler system, (d) exit stairways, (g) elevator recall, (j) emergency exit illumination and shall be completed by December 31, 1992. EXCEPTION: The compliance date for the partial sprinkler system may be extended for a period not to exceed one year, upon approval of the chief, in the event that the installation involves the removal, abatement, or treatment of asbestos. Section 2.1(e)5 shall be added to read: 2.1(e)5-Subsections (b) corridor doors, (c) corridor openings, (f) lobby separation shall be completed by June 30, 1992. EXCEPTION 1: The compliance date may be extended five years if the entire floor is to be fire sprinklered as an alternative to modifying existing corridor construction. The deadline may be extended for an additional two years, upon approval of the chief, in the event that the installation of an automatic fire sprinkler system involves the removal, abatement, or treatment of asbestos. EXCEPTION 2: The fire alarm system required in subsection 2.2(h) and the partial fire sprinkler system required in subsection 2.2(a) shall be considered an acceptable interim level of protection prior to the installation of the fire sprinkler system on the entire floor. Corridor and lobby construction shall not be deemed in violation of the appendix provided the fire -alarm system is installed by June 30, 1990, and partial sprinkler system by December 31, 1992. Section 2.2(b) shall be amended to read: 2.2(b) Corridor Doors. All doors opening into required exit corridors shall be in conformance with the Building Code. EXCEPTION 1: Existing 1-3/8" bonded, solid -core wood doors, if equipped with self -closures, need not be replaced. -11- EXCEPTION 2: When two exits are required from an individual tenant space, distance between them need not strictly meet the building code requirements provided they are a distance apart that is reasonably safe and the entire floor is protected by an automatic sprinkler system. Section 2.2(c) shall be amended to read: 2.2(c) Corridor Openings. All openings into required exit corridors, other than doors, shall conform to the building code. When a suspended acoustical ceiling system for the entire story is used as a ceiling for one -hour fire resistive corridor construction, all openings in such ceiling shall be protected by approved fire dampers and lighting fixtures. EXCEPTION: Existing corridor construction need not be altered provided the entire floor is protected by an approved automatic sprinkler system. The installation of the fire sprinkler system shall be in accordance with the above compliance dates in subsection 2.1(e)5, including an interim level of protection to be provided by the required fire alarm system and partial sprinkler system. Section 2.2(f) exception shall be added to read: EXCEPTION: Floors equipped throughout with an automatic fire sprinkler system Section 2.2(h) shall be amended to read: 2.2(h) Fire Alarm Systems. All high-rise buildings shall have an alarm system meeting the requirements of this section. All required fire alarm systems shall be designed to be heard clearly by all occupants within the building but in no case shall it be less than 60 db or 15db above ambient noise levels, as measured in the A scale, within all habitable areas of the building. Required alarm systems shall consist of smoke or product of combustion detectors in elevator lobbies and air handling systems; heat/rate of rise detectors in any other space not protected by an approved fire sprinkler system; and manual pull stations. Location of detectors and pull stations as approved by the chief. EXCEPTION: The heat/rate of rise detectors may be omitted if the entire story is equipped throughout with an approved automatic fire sprinkler system. Section 7. Section 17.04.090 of the Campbell Municipal Code, Revised, is stricken out and repealed in its entirety. -12- Section 8. Legislative Comment. The City Council declares with respect to Section 25.114(c) of the 1985 Edition of the Uniform Fire Code and Section 25.113(c) of the 1979 Edition of the Uniform Fire Code, that it has always been the intention of the Council that the duty of the Fire Chief to stop any performance, presentation, specticle or entertainment is strictly discretionary, and should not be construed as a manditory duty. Consequently, the present amendment to Section 25.114(c) is merely a clarification of the existing law, and should not be construed as a change in intent. Section 9. Sections 17.08.140 and 17.08.150 are hereby striken out and - repealed in their entirety. Section 10. Section 17.08.160 of the Campbell Municipal Code, Revised, is amended to read as follows: 17.08.160 Revocation Hearing No permit may be revoked unless a hearing is held before the chief, in accordance with Section 17.08.170 of this Chapter. 'Section 11. Section 17.08.170 of the Campbell Municipal Code, Revised, is hereby amended to read as follows: 17.08.170 Notice The chief shall cause to be given written notice of the time and place of the hearing concerning the permit, which notice is to be given to the complaining party as well as the permit holder. The hearing shall be set for a date not less than five days subsequent to the mailing of the notice. The notice shall be sent to the permit holder by certified mail, addressed to the permit holder at his address as shown in the permit records of the fire department, and shall state the alleged grounds for revocation. All hearings before the chief shall be conducted at the fire department, and enclosed with such notice shall be a copy of any complaint or report. All hearings before the fire chief shall be conducted informally and the chief shall not be bound by any statutory rules of evidence or procedure, but shall make inquiry in such manner as he deems advisable to protect the rights of the parties and to carry out the purposes of this code. Any permit holder shall be entitled to have witnesses appear and give testimony with respect to the charges made against him. The decision and conclusion of the chief may be appealed to the Board of Appeals within thirty (30) days as provided in Section 17.08.010 of this Title. If no timely appeal is filed, the chief's decision shall be final. If the chief orders the revocation of any permit issued under this title, no person whose permit has been revoked shall thereafter conduct such activity, process, or operation i.. the city, until he receives a new permit therefor. -13- Section 12. Section 17.08.022 is hereby added to the Campbell Municipal Code, Revised, to read: 17.08.022 NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The chief and the chief of the fire prevention bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 13. Chapter 17.80 is hereby added to the Campbell Municipal Code, Revised, to read: Chapter 17.80 Appeals Sections 17.90.010 Appeals 17.80.010 Appeals Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief to -the Board of Appeals within thirty (30) days from the date of the decision appealed, in accordance with the policy established by the City Council. Section 14. REPEAL OF CONFLICTING ORDINANCES All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or of the Code or Standards hereby adopted are hereby repealed. Section 15. VALIDITY The Council of the City of Campbell hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the Code of Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Council of the City of Campbell that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. -14- OkDINANCE NO. 1748 PASSED AND ADOPTED this 2nd day of May, 1989, by the following roll call vote: AYES Councilmembers: ROTOWSKI, ASHWORTH, BURR, CONANT, WATSON NOES Councilmembers: NONE ABSENT Councilmembers: NONE APPROVED: TTE WATSON, MAYOR ATTEST: