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HomeMy WebLinkAboutOrd. 1479-2014ORDINANCE NO. 1479 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE REPEALING CHAPTER 15.24 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, AND ADOPTING CHAPTER 15.24 (FIRE CODE) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2013 EDITION OF THE CALIFORNIA FIRE CODE WHEREAS, the 2013 California Building Standards Code has been amended and adopted by the California Building Standards Commission; and WHEREAS, the California Fire Code, which is Part 9 of the California Building Standards Code, was part of the triennial amendment and adoption by the California Building Standards Commission; and WHEREAS, the City of South San Francisco ( "City ") wishes to adopt fire code regulations in accordance with law and to use the most updated regulations for fire protection within the City; WHEREAS, Government Code § 50022.2 authorizes cities to enact ordinances adopting any code by reference; and WHEREAS, because of the City's unique climatic, geologic, and topographic conditions, the City desires to make amendments and additions to the building and fire code regulations, as set forth herein; and WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the City of South San Francisco hereby finds that the amendments adopted herein are reasonably necessary because of local climatic, geologic and topographic conditions; and WHEREAS, in accordance with Health and Safety Code Section 17958.7, the City Council hereby finds that the findings attached and incorporated as Exhibit A are applicable to the modifications described in this Ordinance; and WHEREAS, prior to the effective date of this Ordinance, the City Clerk shall file a copy of the Ordinance, including the findings, with the California Building Standards Commission. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Chapter 15.24 "Fire Code," Repealed. Chapter 15.24 of the South San Francisco Municipal Code is hereby repealed in its entirety. This repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to the effective date of this ordinance. SECTION 2. Findings The City Council of the City of South San Francisco finds that in order to best protect the health, safety and welfare of the citizens of the City of South San Francisco, the standards of building within the City must conform with state law except where local climatic, geological, and topographic conditions warrant more restrictive regulations. Therefore, the City Council should adopt the current state building codes, contained in California Building Standards Code Title 24, and other uniform codes governing the construction and regulation of buildings and structures with the modifications and amendments contained herein. Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference, and finds that the amendments made in this ordinance to the California Building Standards Code Title 24, Part 9 are reasonably necessary because of the local climatic, geological or topographical conditions described in Exhibit A. SECTION 3. Chapter 15.24 "Fire Code," Adopted. Chapter 15.24 of the South San Francisco Municipal Code is hereby added to the South San Francisco Municipal Code to read as follows: Fire Code Sections: 15.24.010 Adoption of the California Fire Code 15.24.020 Amendments, general 15.24.030 Operational Permits 15.24.040 Administrative Amendments 15.24.010 Adoption of California Fire Code The California Fire Code, Title 24, Part 9, 2013 Edition and Appendices B, C, and D, as modified by the amendments, deletions and additions set forth in this chapter, are adopted by the city of South San Francisco, and may be cited as such. This chapter shall be known as the "South San Francisco Fire Code" and shall be referred to in this chapter as "this Code ". 15.24.020 Amendments, general 2 Set forth below are the amendments, additions and deletions to the California Fire Code, Title 24, Part 9, 2013 Edition and Appendices B, C, and D. 15.24.030 Operational Permits Sections 105.6.48 through 105.6.57 are added to read as follows: Section 105.6.48 Radioactive materials An operational permit is required to store or handle at any installation more than one micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more than one mill curie (37,000,000 Becquerel) of radioactive material in a sealed source. Section 105.6.49 Battery system An operational permit is required to operate stationary storage battery systems having an electrolyte capacity of more than 25 gallons (95L) for flooded lead acid, nickel cadmium (NiCad) and valve - regulated lead acid (VRLA), or 250 pounds (113 kg) of lithium -ion, used for facility standby power, emergency power or uninterrupted power supplies. Section 105.6.50 Day -care facility An operational permit is required to operate any facility either large or small family day -care home and for all type of clients i.e. children and adults (see California Code of Regulations Title 24, Part 2). Section 105.6.5 Christmas tree sales lot An operational permit is required to operate a Christmas tree lot for the seasonal sale of Christmas trees. Section 105.6.52 Residential care facility An operational permit is required to operate a facility that provides 24 -hour care of persons regardless of age or illness, who are in need of personal services, supervision, or assistance essential for sustaining the activities for daily living or for the protection of the individual (see California Code of Regulations Title 24, Part 2). Section 105.6.53 Fire alarm system An operational permit is required to operate a manually or automatically actuated fire alarm in any building. Exception: one and two family dwellings. Section 105.6.54 Institutions 3 An operational permit is required to operate any health care facility as defined in Section 1250 of the California Health and Safety Code with an occupant load of more than six persons, or to operate any jail or facility where personal liberties of the occupants are restrained (see California Code of Regulations Title 24, Part 2). Section 105.6.55 Motor vehicle fuel- dispensing An operational permit is required to dispense flammable or combustible liquids, liquefied petroleum gases, compressed natural gas at motor vehicle fuel- dispensing stations. Section 105.6.56 Permit- Required Confined Space An operational permit is required to operate a facility that contains permit- required confined spaces (see Section 5157 Permit- Required Confined Spaces, Title 8 of the California Code of Regulations) Section 105.6.57 Tar Kettle An operational permit is required to operate a portable tar kettle used to heat tar during roof surfacing, sealing, and or repair. 15.24.030 Administrative Amendments Chapter 1, Division II, Section 103.2 Appointment is hereby amended to read as follows: Section 103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction. SECTION 4. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. 4 Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 1 l'' day of December, 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 8h day of January, 2014 by the following vote: AYES: Councilmembers Mark N. Addiego, Pradeep Gupta, and Liza Normandy NOES: ABSTAIN: ABSENT: Vice Mayor Richard A. Garbarino and Mayor Karyl Matsumoto ATTEST• l9 Deputy City Clerk As Mayor of the City of South San Francisco, I do hereby approve e foregoing Ordinance this 8h day of January, 2014. d a, Matsumoto, Mayor 5 Exhibit A FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE TITLE 24, PART 9 CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health and Safety Code, the governing body of the City of South San Francisco in its ordinance adopting and amending the 2013 Edition of the California Fire Code changes or modifies certain provisions as it pertains to the regulation of buildings used for human habitation. A copy of the text of such changes or modifications is attached. FINDINGS: Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and Safety Code, the governing body of the City of South San Francisco has determined and finds that all the attached changes or modifications are needed and are reasonably necessary because of local climatic, geological and topographic conditions as discussed below. Specifically, the below stated climatic, geographical and topographical conditions warrant more stringent requirements for additional listing of operational permits (annually renewed) to those already described in Section 105 of the California Fire Code which provides permission to maintain, store, use or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in conjunction with such activities. Knowledge of the location of radioactive materials will help firefighters develop strategies and tactics to minimize their impact on the pubic, property or environment in the event of an uncontrolled release. Stationary battery systems during normal operations release large amounts of Hydrogen a flammable gas. The systems can also be damaged in a fire, earthquake or malfunction during an electrical emergency causing them to overheat and/or explode. Inspection of these systems will ensure proper guarding against physical damage, venting, electrical interrupts operate as designed, and other required safety features are present. Day care facilities that care for children have special requirements to ensure their safety in the event of a fire. Children in many instances are unable understand the nature of an emergency or take prompt action when necessary. Inspections will ensure that the operators of such facilities comply with these special requirements. Properly constructed and maintained Christmas tree lots will insure the safety of patrons as well as decrease the incidence and severity of fire. Combustible storage in the form of empty boxes, barrels, or other similar containers, or rubber, or cork is known to increase the spread and severity of fire. Inspections of businesses that have combustible storage will ensure that such storage is done in such a way to minimize it impact. A properly functioning fire alarm system gives early warning to building occupants to leave the affected area promptly. When fire occurs in institutions or residential care facilities multiple injuries and /or fatalities can occur because elderly or disabled occupants possess a limited ability 6 to understand the nature of the emergency or take prompt action when necessary. Proper exiting and other related fire safety issues can only be addressed through a fire inspection. Dispensing motor fuels is a hazardous activity. Inspections will ensure that steps have been taken to protect facilities from physical damage, static electrical discharge, and other conditions known to cause fire or enhance its spread and intensity. Inspections will ensure that emergency shut -off switches, fire extinguishers, pull -away systems have been properly installed, maintained and operate as designed. Permit- required confined spaces contain oxygen deficient and flammable atmospheres or other hazardous conditions. Over 50% of fatalities that occur in these locations involve would be rescuers. The fire department is mandated to be knowledgeable of their location and special problems they present during a rescue. Tar kettles can overheat and cause their contents to catch fire. Such fires often place buildings and other structures in close proximity at risk. Inspections will ensure that overheat, automatic door closing and other safety systems have been properly installed and operate as designed. LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City of South San Francisco. Below are adverse local climatic, geological and topographic conditions that necessitate the modifications to the California Fire Code. CLIMATIC ,IM ATIC Precipitation: Precipitation averages 18.83 inches /year eighty percent (80 %) falls during the months of November through April, and twenty percent (20 %) from May through October. Severe flooding occurred during the months of January and March, 1995 and in 1998 and 2006. Relative Humidity: Humidity generally ranges from sixty two percent (62 %) during daytime and eighty -six percent (86 %) at night. It occasionally drops lower during the months of September through November. Temperatures: Temperatures have been recorded as high as 106 degrees Fahrenheit. Average summer highs are in the 70 -73 degree range. Winds: Summer prevailing winds are from the North -West direction. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 -10 mph range, gusting to 23 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. Summary: These local climatic conditions affect the acceleration intensity, and size of fires in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area also adversely impact structure fires in buildings in close proximity to one another. Winds can carry sparks and burning branches to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can rl literally force fires back into the building and create a blowtorch effect, in addition to preventing "natural" ventilation and cross - ventilation efforts. South San Francisco's downtown and surrounding areas contain numerous historic and older buildings that are located very close together, which exacerbates the fire danger from dry conditions, wind, and shake /shingle roofs. TOPOGRAPHIC The City is made up of open terrain with scattered obstructions having heights generally less than 30 feet, including flat open country, grasslands, hillsides and bay exposure. GEOLOGICAL The above local topographic conditions enhance the magnitude, exposure, accessibility problems, and fire hazards presented to the City of South San Francisco. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The San Andreas fault is located between 0 and 3 miles from any point within the City. 2191084.3