HomeMy WebLinkAboutMINUTES - 12032013 - C.26RECOMMENDATION(S):
1. RATIFY San Ramon Valley Fire Protection District Ordinance No. 2013-29, with the modifications attached to
this Board Order.
2. DIRECT the Clerk of the Board of Supervisors to provide a certified copy of this Board Order to the San Ramon
Valley Fire Protection District within 15 days of this ratification, pursuant to Health and Safety Code section
13869.7.
FISCAL IMPACT:
None.
BACKGROUND:
Whenever a fire protection district adopts an ordinance that establishes building standards relating to fire safety that
may be more stringent than State Fire Marshal and State Building Standards Code requirements, the fire protection
district’s regulations are not effective within the jurisdictional boundaries of the unincorporated area of the County
unless and until the Board of Supervisors ratifies the ordinance. (Health and Saf. Code, § 13869.7.)
This Board Order ratifies the San Ramon Valley Fire Protection District’s adoption of the 2013 California Fire Code
with the District’s local amendments. This Board Order modifies the District’s ordinance by providing for the
retention of Board of Supervisors’ discretion for final County approval of entitlements, completion
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/03/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 3, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 26
To:Board of Supervisors
From:Jason Crapo, County Building Official
Date:December 3, 2013
Contra
Costa
County
Subject:RATIFY San Ramon Valley Fire Protection District Ordinance No. 2013-29, adopting the 2013 California Fire Code
with local amendments
BACKGROUND: (CONT'D)
of development improvements, and issuing of County stop work orders within the unincorporated areas of the
County that are within the San Ramon Valley Fire Protection District. This Board Order also provides for the
retention of the County’s authority to regulate when State-adopted building standards codes and related codes are
involved in order to achieve unincorporated area uniformity for matters such as park access, public road standards,
and street names.
CONSEQUENCE OF NEGATIVE ACTION:
If the San Ramon Valley Fire Protection District Ordinance No. 29 is not ratified, the ordinance would not be
effective in the unincorporated area of the County within the District.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
SRVFPD Ordinance
County Modifications to SRVFPD Ordinance
CONTRA COSTA COUNTY MODIFICATIONS TO
SAN RAMON VALLEY FIRE PROTECTION DISTRICT ORDINANCE NO. 29
1. § 102 – Applicability. This section is modified to clarify that it does not mandate the
performance or non-performance of any act by the County and its planning agency,
officers and employees, and to clarify that the District has no legal authority to prescribe
the governmental discretion and actions of the County and its officers and employees.
County staff is hereby directed to cooperate to the greatest reasonable extent (subject to
applicable County and State rules and regulations) with the District concerning the
subjects of this section and Ordinance No. 29.
2. § 111 – Stop Orders. This section as modified and clarified does not mandate the county
building inspector or other county official or agency to issue any stop work orders or to
perform or not perform any act, and with this clarification is the same as § 102 above.
3. § 503 – Fire Apparatus Access Roads. This section is modified to clarify that nothing in
it shall prevent the County from legislating, taking administrative action and/or
occupying this area of regulation to the extent allowed by law. This modification is made
to retain the County’s ability to require uniform unincorporated area regulations such as
public road improvements, widths, and access.
4. § 505 – Premises Identification. This section is modified to clarify that the County fully
retains its authority pursuant to law to determine unincorporated area street names and
addresses.
5. § 507 – Fire Protection Water Supplies. Same as § 503 except limited to the reservation
of County discretion involving the provision of water for domestic use.
6. More Restrictive Requirements. This ordinance is modified to clarify that nothing in it
shall prevent the County from legislating in and/or occupying an area of regulation as
hereinabove provided or otherwise allowed by law. In part, this modification is made to
retain the County’s ability to require uniform unincorporated area regulations.
7. Modified Ordinance Ratification. In ratifying Ordinance No. 29, the Board of
Supervisors has not reviewed and passed upon any “Findings of Need” that may have
been prepared by the District or other documentation, nor has it reviewed and passed
upon the scope of the District’s Health and Safety Code regulatory authority.
8.Enforcement. The Chief of the San Ramon Valley Fire Protection District is authorized
to enforce San Ramon Valley Fire Protection District Ordinance No. 29 within those
portions of the District located within the unincorporated area of Contra Costa County.
(Health and Saf. Code, § 13869.7(h)(1)(A).)
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ORDINANCE NO. 29
AN ORDINANCE OF THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT
OF CONTRA COSTA COUNTY, CALIFORNIA, ADOPTING BY REFERENCE THE
INTERNATIONAL FIRE CODE (2012 EDITION), TOGETHER WITH THE
APPENDIX CHAPTERS B, C, F, H, AND K WITH CERTAIN ADDITIONS,
DELETIONS AND AMENDMENTS THERETO, AND REPEALING SAN RAMON
VALLEY FIRE PROTECTION DISTRICT ORDINANCE NUMBER 23.
The board of directors of the San Ramon Valley Fire Protection District does ordain as
follows:
Part 1. ADOPTION OF THE INTERNATIONAL FIRE CODE
For the purpose of prescribing regulations governing conditions hazardous to life and
property from fire, explosion or hazardous materials, that certain Code known as the
International Fire Code published by the International Code Council being particular the
2012 edition thereof and the whole thereof, save and except such portions as are
hereinafter added , deleted, modified or amended by Part 2 and Part 4 of this ordinance is
hereby adopted pursuant to Section 13869 of the California Health and Safety Code and
incorporated as fully as if set out at length herein, and from the date on which this
ordinance shall take effect, the provisions thereof shall be controlling within the limits of
the San Ramon Valley Fire Protection District.
Part 2. Amendments to the International Fire Code
The International Fire Code is amended and changed in the following respects:
Section 101.1 is amended to read as follows:
101.1 Title.These regulations shall be known as the Fire Code of, San Ramon Valley
Fire Protection District, hereinafter referred to as “this code.”
Section 105.6 is amended to read as follows:
105.6 Required operational permits. The fire code official is authorized to issue
operational permits for the operations set forth in Sections 105.6.1 through 105.6.48.
Section 105.6.48 is added to read as follows:
105.6.48 Christmas tree sales. An operational permit is required to engage in the
business of Christmas tree sales.
Section 105.7 is amended to read as follows:
105.7 Required construction permits.The fire code official is authorized to issue
construction permits for work as set forth in Sections 105.7.1 through 105.7.18. Permits
shall be presumed by the District to incorporate all of the work that the applicant, the
applicant's agent, employees and/or contractors shall carry out. Said proposed work
shall be in accordance with the approved plans and with all requirements of this code
and any other laws or regulations applicable thereto. No District approval shall relieve
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or exonerate any person from the responsibility of complying with the provisions of this
code nor shall any vested rights be created for any work performed in violation of this
code.
Section 105.7.17 is added to read as follows:
105.7.17 Fire apparatus access. A construction permit is required to install, improve,
modify, or remove public or private roadways, driveways, gates and bridges for
temporary or permanent fire apparatus access.
Section 105.7.18 is added to read as follows:
105.7.18 Construction, alteration, or renovation of a building for which a building
permit is required. A construction permit is required to construct, add to, alter,
renovate, rebuild, or move into the jurisdiction a structure for which a building permit is
required.
Section 109.4 is amended to read as follows:
109.4. Violation penalties. Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of
the fire code official, or of a permit or certificate used under provisions of this code,
shall be subject to the criminal sanctions set forth in California Health and Safety Code,
Section 13871. Each day that a violation continues after such due notice has been
served shall be deemed a separate offense.
Section 111.4 is amended to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be liable to a fine of not less than 500
dollars or not more than 5,000 dollars.
Section 202 is amended to include certain definitions and reads as follows:
Board of Directors. Shall mean the governing body of the District.
Firetrail. Shall mean a graded fuelbreak of sufficient width, surface, and design to
provide access for personnel and equipment to suppress and to assist in preventing a
surface extension of fires.
Unwarranted fire alarm notification. The giving, signaling or transmission of an alarm
notification to a public fire station or emergency communications center when such alarm
is the result of a defective condition of an alarm system, system servicing or testing,
construction activities, ordinary household activities or other cause when no such danger
exists.
Section 304.1.2 is amended to read as follows:
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304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited
and endangering property, shall be cut down and removed by the owner or occupant of
the premises. Vegetation clearance upon default of owner or occupant shall be in
accordance with Appendix K.
Exception: Vegetation clearance in areas deemed hazardous fire areas within wildland-
urban interface areas shall be in accordance with Appendix K.
Section 401.3.4 is added and reads as follows:
401.3.4 Unwarranted fire alarm notification. Notification of emergency responders
based on an unwarranted alarm may be punishable by a fine. In addition, the responsible
party may be liable for the operational and/or administrative costs incurred from the
emergency response and /or mitigation procedures resulting from an unwarranted fire
alarm notification.
Chapter 4 Section 404 Fire Safety and Evacuation Plans is deleted in its entirety.
Chapter 4 Section 405 Emergency Evacuation Drills is deleted in its entirety.
Chapter 4 Section 406 Employee Training and Response Procedures is deleted in its
entirety.
Chapter 4 Section 408 Use and Occupancy-Related Requirements is deleted in its
entirety.
Section 503.1.2.1 is added and reads as follows:
503.1.2.1 Required additional access roads for residential developments.The fire
code official shall have the authority to require additional access roads serving
residential development(s). The minimum number of access roads serving residential
development(s) shall be based upon the number of dwelling units served as follows:
1-75 units, one public or private access road
76-150 units, one public or private access road and one emergency access road
151+ units, a minimum of two public or private access roads
Section 503.1.4 is added and reads as follows:
503.1.4 Access to open space and firetrails.Access to open land/space or existing
firetrail systems shall be maintained. Proposed land-use modifications impacting
existing access shall provide alternate acceptable access, as approved by the fire code
official.
Section 503.2 is amended and reads as follows:
503.2 Specifications.Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8. The fire code shall have the
authority to modify the access specifications. When required by the fire code official,
technical assistance in accordance with Section 104.7.2 may be required.
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Section 503.2.1 is amended to add sections 503.2.1.1
503.2.1.1 Parking of vehicles on fire apparatus access roads.For the parking of
vehicles on a fire apparatus access road, roadway widths shall be increased to
accommodate the parking of vehicles as follows:
1. Roadways 20 feet (6096 mm) in width, no parking permitted,
2. Roadways 28 feet (8534 mm) in width, parking permitted on one side only. Parking
is permitted on the side of the street absent fire hydrants, and
3. Roadways 36 feet (10,973 mm) in width when parking is not restricted.
503.4.1 Traffic calming devices. Traffic calming devices shall be prohibited unless
approved by the fire code official. The design of traffic calming devices shall be in
concurrence with the responsible public works agency and the fire code official.
Section 503 is amended to add a section brought forth from Appendix D, Section D105
and is added as Section 503.7 and reads as follows:
503.7 Aerial Fire Apparatus Access Roads.
503.7.1 Where required.Where the vertical distance between the grade pland and the
highest roof surface exceed 30 feet (9144mm), approved aerial fire apparatus access
roads shall be provided. For purposes of this section, the highest roof surface shall be
determined by measurement to the eave of a pitche4d roof, the intersection of the roof
to the exterior wall, or the top of parapet walls, whichever is greater.
503.7.2 Width.Aerial fire apparatus access roads shall have a minimum unobstructed
width of 26 feet (7925 mm), exclusive of shoulders, in the immediate vicinity of the
building or portion thereof.
503.7.3 Proximity to building. At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of
30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side
of the building. The side of the building on which the aerial fire apparatus access road
is positioned shall be approved by the fire code official.
503.7.4 Obstructions.Overhead utility power lines shall not be located over the aerial
fire apparatus access road or between the aerial fire apparatus road and the building.
Other obstructions shall be permitted to be placed with the approval of the fire code
official.
Section 507.2 is amended to read as follows:
507.2 Type of water supply. A water supply shall consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed systems capable of providing fire flow.
Swimming pools and ponds shall not be considered water storage for the purposes of
Section 507.
Chapter 11 is deleted in its entirety;
Chapter 11. Construction requirements for existing buildings
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Section 5601.1.3 is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of
fireworks within the jurisdiction of the San Ramon Valley Fire Protection District are
prohibited.
Exceptions:
1. Deleted
2. Deleted
3. The use of fireworks for fireworks displays as allowed in California Code of
Regulations, Title 19.
4. Deleted
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited within the limits
established by law as the limits of districts in which such storage is prohibited,
see Part 3.
Section 5706.2.4.4 is amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class
I and II liquids in above-ground tanks is prohibited within the limits established by law
as the limits of districts in which such storage is prohibited, see Part 3.
Section 5806.2 is amended to read as follows:
5806.2 Limitation. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within the limits established by law as the limits of the
districts in which such storage is prohibited, see Part 3.
Section 3804.2 is amended to read as follows:
6104.2 Maximum capacity within established limits. Within the limits established by
law restricting the storage of liquefied petroleum gas for the protection of heavily
populated or congested areas, the aggregate capacity of any one installation shall not
exceed a water capacity of 2,000 gallons, see Part 3 for established limits.
Appendix K is added and reads as follows:
K101 Appendix K – Hazardous Fuel Abatement
K101.1 Scope. This appendix provides provisions intended to identify hazard areas and
mitigate the risk of life and structures from intrusion of fire from wildland fire exposures
and fire exposures from adjacent structures and to mitigate fires from spreading to
wildland fuels that may threaten to destroy life, overwhelm fire suppression capabilities,
or result in large property loss.
K101.2 Purpose. The purpose of this appendix is to establish minimum requirements in
wildland-urban interface areas that will increase the ability of a building to resist the
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intrusion of flame or burning embers projected by a vegetation fire, including the
identification of hazardous fire areas that require applicable defensible space provisions
as set forth herein and enforced by the fire code official and applicable state and local
fire-resistive building standards that are enforced by the local building official.
K101.3 Jurisdictional authority.The Board of Directors as the supervising, legislative
and executive authority of this jurisdiction has the authority to act pursuant to Part 5
(commencing with Section §14875), Division 12, of the State of California Health and
Safety Code, to clear or order the clearing of rubbish, litter or other flammable material
where such flammable material endangers the public safety by creating a fire hazard.
Such fire hazard abatement shall be conducted in accordance with the provisions of said
Part 5 and/or this Ordinance. In the application of the provisions of said Part 5 to fire
hazard abatement proceeding under this Ordinance and the Fire Protection District Law
of 1961, the terms “Board of Directors” or “Board” when used in Part 5, shall mean the
Board of Directors of this jurisdiction under this article; and the officer designated in
Section §14890 of Part 5 shall mean the Fire Chief.
K102 Definitions
K102.1 Definitions. For the purpose of this appendix certain terms are defined as
follows:
Combustible material includes seasonal and recurrent weeds, stubble, brush, dry leaves,
tumbleweeds, rubbish, litter or flammable materials of any kind.
Cost of abatement.Shall include all expenses incurred by the jurisdiction in its work of
abatement undertaken and administrative costs pursuant to Section K111 of this
Ordinance.
Defensible space. An area either natural or man-made, where material capable of
allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate
and intensify of an advancing wildfire and to create an area for fire suppression
operations to occur.
Fuelbreak. Shall mean a continuous strip of land upon and from which all rubbish,
weeds, grass or other growth that could be expected to burn has been abated or otherwise
removed in order to prevent extension of fire from one area to another.
Fuel management plan. Is a plan that shall be based upon a site-specific wildfire risk
assessment that includes considerations of location, topography, aspect, flammable
vegetation, climatic conditions and fire history. The plan shall address water supply,
access, building ignition and fire resistance factors, fire protection systems and
equipment, defensible space and vegetation management. (Reference California
Government Code 51182)
Hazardous fire area is a parcel of land which is privately or publicly owned and located
within 500 feet of any mountainous area, forest or brush-, grass-covered land, or any land
that is covered with flammable material. This may include both native vegetative or
ornamental shrubbery. Such areas may be designated as a hazardous fire area by the fire
code official. (Reference: California Government Code 51179, Public Resource Code
4291 and State Fire Hazardous Severity Zone Maps)
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Parcel is a portion of land of any size, the area which is determined in the records of the
County Assessor.(Reference Health and Safety Code 14883)
Person.Includes; individuals, firms, partnerships, and corporations.
Public nuisance is a declaration by the fire code official that the presence of combustible
material on a parcel creates a fire hazard. (Health and Safety Code 14875 and 14876)
Rubbish. Means waste matter, litter, trash, refuse, debris and dirt on streets, or private
property in the jurisdiction which is, or when dry may become, a fire hazard.
Streets.Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks
and curbs, highways, public right of ways, private road, trails, easements, and fire trails.
Weeds.Means all vegetation growing upon streets or private property in this jurisdiction
and includes any of the following:
1.Vegetation that bears seeds of a downy or wingy nature.
2.Sagebrush, chaparral, and any other brush or weeds which, attains such large
growth as to become, when dry, a fire menace to adjacent improved property.
3.Vegetation that is otherwise noxious or dangerous.
4.Poison oak and poison ivy when the conditions of growth are such as to constitute a
menace to the public health.
5.Dry grass, stubble, brush, litter, or other flammable material which endangers the
public safety by creating a fire hazard.
(Reference Health and Safety Code 14875)
Wildland-Urban interface area. Is that geographical area where structures and other
human development meet or intermingle with wildland or vegetative fuels.
K103 Unlawful disposal. Every person who places, deposits or dumps combustible
material on a parcel whether or not he owns such parcel, or whether or not he so places,
deposits or dumps on such parcel with the consent of the owner, thereof, is subject to the
criminal sanctions set forth in Health and Safety Code Section 13871.
K104 Public nuisance. The Board of Directors may declare that all hazardous fire
areas, including any combustible materials and dead trees, upon private property or
streets in this jurisdiction and all rubbish on private property or streets in this jurisdiction
are public nuisances. Such weed nuisance is seasonal and recurrent.
K105 Prohibition.No person who has any ownership or possessory interest in or control
of parcel of land shall allow to exist thereon any hazardous rubbish or weeds, trees, or
other vegetation, which constitutes a fire hazard.
K106 Contract for services.This Board of Directors reserves and retains the power to
award a contract for such hazard abatement work where the employees of this jurisdiction
are not used to perform such abatement work.
K107 General abatement requirements.The provisions of this section shall govern the
abatement of combustible material creating a fire hazard upon premises (reference
Government Code 51175 – 51189 and Public Resources Code 4291).
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K107.1 Clearance of brush or vegetative growth from streets. The fire code official
is authorized to require areas within 10 feet on each side of fire apparatus access roads
and driveways to be abated of flammable vegetation and other combustible growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
K107.2 Clearance of brush, vegetative growth and combustible material from
parcels.All parcels declared a public nuisance by the Board of Directors shall be cleared
entirely of combustible material. If the fire code official determines this impractical, the
provisions of Section K107.2 may be used.
K107.2.1 Remove from the parcel all dead trees deemed a fire hazard.
K107.2.2 Parcels one acre or less (43,560 square feet) shall require abatement of the
entire parcel.
K107.2.3 Parcels over one acre (43,560 square feet) may be required to comply with the
following requirements:
1.Parcels shall provide 15-foot fuelbreaks along the perimeter of the property line.
2.Parcels 10 acres or more shall provide a 15-foot crossbreak to divide the parcel into
approximately 5-acre sections.
K107.3 Clearance of brush or vegetative growth from structures. Any person
owning, leasing, controlling, operating or maintaining any building in, upon, or adjoining
any hazardous fire area shall at all times maintain defensible space around and adjacent to
such building by removing and clearing away all combustible material for a distance not
less than 100 feet from all portions of the structure. Distances may be increased by the
fire code official based on site specific analysis of local conditions.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents or similar plants used as ground cover,
provided they do not form a means of readily transmitting fire.
K107.3.1 Remove that portion of any tree that extends within 10 feet of the outlet of any
chimney or stovepipe.
K107.3.2 Maintain any tree, shrub, or other plant adjacent to or overhanging any
building free of dead limbs, branches and other combustible material.
K107.3.3 Maintain the roof of any structure and roof gutters free of leaves, needles, or
other combustible materials.
K107.3.4 Maintain trees within 100 feet of any building or structure or within 10 feet of
that portion of any highway, street, alley or driveway which is improved or used for
vehicle travel or other vehicular purposes, so that no leafy foliage, twigs or branches are
within 5 feet of the ground.
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K107.3.5 Maintain 5 feet of vertical clearance between roof surfaces and portions of
trees overhanging any building or structure.
K108 Fire management plan. A fire management plan shall be prepared by the
applicant when required by the fire code official.
K108.1 Cost. The cost of fire management plan preparation and review shall be the
responsibility of the applicant.
K109 Clearance upon default of owner.
K109.1 Notice.The fire code official of this jurisdiction may order the abatement of
weeds, trees, and rubbish as described in Sections 304.1.2 and Appendix K. Copies of
the legal notice shall be headed with the words “Legal Notice to Abate Fire Hazard” in
letters at least one inch high. The notice shall be in substantially the following form:
LEGAL NOTICE TO ABATE FIRE HAZARD
You are hereby notified that an accumulation of grass, weeds, dead trees, and/or
rubbish constitutes a fire hazard on the following described property owned by you:
(Describe property by common street designation, by metes and bounds, Assessor’s
code area and parcel number, or by reference to attached map).
You are hereby notified to remove the grass, weeds, dead trees and/or rubbish within
fifteen (10) days from the date of this legal notice. If you fail to do so, the San Ramon
Valley Fire Protection District will abate it and the cost of the abatement, including
administrative costs, will be collected as property taxes and will be a lien on your
property until paid. The lien may prevent the sale of the property and it shall be the
responsibility of the property owner upon payment of the property taxes to have the lien
removed. Contact the Fire District for a release of lien that must be filed by the property
owner at the County Recorder’s Office.
You are hereby further notified that the Board of Directors has declared that such
grass, weeds, dead trees and rubbish constitute a public nuisance and that such weeds also
constitute a seasonal and recurring nuisance.
You may appear in person before the Board of Directors of this jurisdiction on (time
and date) at (place-room, street, address, and city) to show cause why this order should
not be enforced. (Signed): (Name of fire code official or name of jurisdiction)
K109.2 Mailed notice. The fire code official of this jurisdiction shall mail a copy of the
legal notice to the owner of the affected property as he/she and his/her address appear
upon the current and last county equalized assessment roll as of January 1 of each
calendar year, or as his/her address is known to this jurisdiction. As an alternative to
mailing, the notice may be posted upon the affected property and published in this
jurisdiction, not less than fifteen (10) days prior to the date of the abatement hearing. The
notice shall also be provided to the Clerk of the Board of Directors three days prior to the
Board hearing. It shall be the responsibility of the current owner of record to notify the
fire code official of a change in ownership on the form provided.
K109.3 Hearing.A date for hearing on the legal notice shall be scheduled at least fifteen
(15) days after the date of the notice. The date of the notice is the date on which the
notice is placed in the United States mail or the date on which it is posted on the property.
At the time and place stated in the notices, the Board of Directors shall meet to hear the
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report of the fire code official and any objections thereto. The fire code official shall
attend, inform the Board as to the alleged public nuisance, and supply the description of
the parcel upon which it exists, the name and address of the last known property owner
thereof, and state what has been done in order to give notice of the hearing according to
the provisions of this code. At the hearing, the property owner or their agent may appear
to show cause why the order shall not be enforced. For good cause shown, the Board of
Directors may extend the time for compliance with the order or may rescind the order.
The decision by the Board at the hearing is final. Upon the completion of the hearing, the
Board shall authorize and direct the fire code official to abate any public nuisance found
by the District to exist on the parcel after the date specified in said notice.
K109.4 Order of work. If, after a hearing, the Board of Directors finds that a public
nuisance exists upon a parcel, the Board may direct the fire code official to abate the
public nuisance. The Board shall maintain a record of its proceedings at such hearing and
retain therewith the report of the fire code official and a description of such parcel and,
where applicable, the name and address of its last known property owner.
K109.5 Contract award. If the owner fails to comply with the order, the fire code
official of this jurisdiction may have the public nuisance abated either by employees of
this jurisdiction or by contract.
K110 Seasonal and recurrent nuisances
K110.1 Resolution. If, in the opinion of the fire code official, the public nuisance on a
parcel is seasonal and recurrent, the fire code official may ask the Board of Directors to
so declare by resolution. If the Board of Directors makes such a declaration by
resolution, such seasonal and recurring public nuisance thereafter shall be abated every
year without the necessity of any further hearing.
K110.2 Notice. For a parcel subject to a declaration described in Section K110.1, it is
sufficient to mail the legal notice to the same person and in the same manner as set forth
in Section K109. The notice shall describe the parcel and shall state that the parcel is
subject to seasonal and recurring weeds that constitute a public nuisance and must be
cleared every year without the necessity of any further hearing. The notice shall further
state that if the weeds constituting a public nuisance are not cleared by the owners of the
parcel by a specified date, they will be abated by the District, in which case the cost of
such abatement shall be assessed upon the parcel from which the private nuisance is
abated and that such cost will constitute a lien upon such parcel until paid. In the event
the fire code official sets a hearing before the Board of Directors as authorized by Section
K110.3, the notice shall also set forth the date, time and place of such hearing and shall
be mailed at least fifteen (15) days before the hearing.
K110.3 Optional hearing. Notwithstanding Section K110.1, the fire code official may
set a hearing before the Board of Directors to consider any objections to the proposed
abatement of the public nuisance as described in the notice pursuant to Section K110.2.
The decision by the Board at the hearing is final. Upon the completion of the hearing, the
Board shall authorize and direct the fire code official to abate any public nuisance found
by the District to exist on the parcel after the date specified in said notice. The fire code
official will place a work order on the property as stated in K109.4.
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K110.4 Optional second notice. At the discretion of the fire code official, if a public
nuisance is found to exist on a parcel after the date specified in the first notice pursuant to
Section K110.2, a second notice may be mailed or delivered to the same person to whom
the first notice was mailed. The second notice shall state that the public nuisance will be
abated by the District unless it is otherwise abated immediately or by a specified date.
The mailing or delivery of a second notice does not create any right to object or further
object to the proposed abatement of the public nuisance.
K111 Collection of the cost of abatement
K111.1 Abatement report of costs.The fire code official or his or her designee abating
the nuisance shall keep an account of the cost of abatement in front of or on each separate
parcel of land and shall render an itemized report in writing to the Board of Directors
showing the cost of removing the weeds, dead trees and rubbish on or in front of each
separate lot or parcel of land, or both.
K111.2 Confirmation of expense account. Before the report is submitted to the Board
of Directors, a copy of it shall be posted for at least three days on or near the chamber
door of the Board with a notice of the time and when the report will be submitted to the
Board for confirmation. Said report and notice shall also be posted for the said three days
in two other public places in the District. At the time fixed for receiving and considering
the report, the Board of Directors shall hear it and any objections of any of the property
owners liable to be assessed for the work of abatement. Thereupon, the Board of
Directors may make such modifications in the report, as it deems necessary, after which
by order of resolution, the report shall be confirmed.
K111.3 Special assessment and lien. The amounts of the cost, including administrative
costs, for abating the nuisance in front of or upon the various parcels of the land
mentioned in the report as confirmed shall constitute special assessment against the
respective parcels of land, and a lien on the property for the amount of the respective
assessments.
K111.4 Transmittal of account. Such lien attaches upon recordation in the office of the
County Recorder of the County in which the property is situated of a certified copy of the
Resolution of Confirmation.
K111.5 Cost assessments.Upon confirmation of the report of cost by the Board of
Directors of this jurisdiction and the recordation of the Resolution of Confirmation by the
administrator, a copy of the report of cost shall be sent to the County Auditor, who shall
enter the amount of the assessments against the parcels. Thereafter the amount of the
assessments shall be collected at the same time and in the same way as County taxes are
collected. The owners are subject to the same penalties and the same procedure and sale
in case of delinquency as provided for ordinary county taxes. All laws applicable to the
levy, collection, and enforcement of County taxes are applicable to these assessment
taxes.
K111.6 Grounds for cancellation or refund. If a property owner believes an
assessment against the owner’s property pursuant to Section K109 and K110 was entered,
charged or paid more than once, through clerical error, through the error or mistake of the
District in respect to any material fact, or illegally, the owner must in compliance with
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applicable law present a claim to the Board of Directors for an order cancelling (if
uncollected) or refunding (if collected) the assessment.
K112 Alternate mitigation.
K112.1 Fuelbreaks.In lieu of ordering abatement as provided in Section K107, the fire
code official of this jurisdiction may order the preparation of fuelbreaks around parcels of
property where combustible grass, weeds, crops, or brush are present. In determining the
proper width for fuelbreaks, the fire code official shall consider the height of the growth,
weather condition, topography, values at risk and the accessibility to the property for fire
protection equipment. The procedure set forth in Section K109 for the abatement of
weeds and rubbish shall apply to the preparation of fuelbreaks.
Part 3. GEOGRAPHIC LIMITS FOR CERTAIN HAZARDOUS MATERIALS
That the geographic limits referred to in certain sections of the 2012 International Fire
Code are hereby established as follows, these provisions may be modified based on the
General or Specific Plan of the city or County:
3.1 The limits referred to in Section 5704.2.9.6.1 of the International Fire Code in which
storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited,
are hereby established as follows: Prohibited in any area as established by applicable
land-use and zoning standards.
3.2 The limits referred to in Section 5706.2.4.4 of the International Fire Code in which
storage of Class I and II liquids in above-ground tanks is prohibited, are hereby
established as follows: Prohibited in any area as established by applicable land-use and
zoning standards.
3.3 The limits referred to in Section 5806.2 of the International Fire Code in which the
storage of flammable cryogenic fluids in stationary containers is prohibited is hereby
established as follows: Prohibited in any area as established by applicable land-use and
zoning standards.
3.4 The limits referred to in Section 6104.2 of the International Fire Code, in which
storage of liquefied petroleum gas is restricted, are hereby established as follows:
Prohibited in any area as established by applicable land-use and zoning standards.
Part 4
I. Changes or Modifications more stringent than the California Building
Standards Code
Changes and modifications that are more stringent than the requirements published in the
California Building Standards Code are adopted pursuant to the provisions contained in
California Health and Safety Code 13869.7
In the event the City of San Ramon, Town of Danville, or Contra Costa County, adopt
more restrictive requirements, or amend provisions contained herein in accordance with
California Health and Safety Code Section 13869.7(c); those more restrictive or amended
requirements shall only apply within the jurisdiction ratifying such requirements.
The Board of Directors of the San Ramon Valley Fire Protection District, in its
Ordinance adopting and amending regulations that are more restrictive than the 2013
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California Building Standards Code, Title 24, Part 9, Section 903 of the California
Fire Code are described below;
Section 902 is added and reads as follows:
SUBSTANTIAL REMODEL. In existing buildings, any alteration that causes
additional floor area that is more than fifty percent (50%) of the existing floor area and
where the total floor area exceeds 5000 square feet.
SUBSTANTIAL REMODEL, Group R-3.In an existing R-3 structure, any
alteration that causes additional floor area that exceeds fifty percent (50%) of the
existing floor area and where the total floor area exceeds 5000 square feet.
Section 903 is amended and reads as follows:
903.1 General. Automatic sprinkler systems shall comply with this section. For the
purposes of this section, fire walls shall not be considered as creating separate
buildings.
An automatic sprinkler system shall be provided for all new buildings with a gross floor
area that exceeds 5000 square feet and in the locations set forth in Section 903.
Exception:Group U occupancies.
903.2.1.1 Group A-1.An automatic sprinkler system shall be provided for Group A-1
occupancies where one of the following conditions exists:
1. The fire area exceeds 5000 square feet.
903.2.1.3 Group A-3.An automatic sprinkler system shall be provided for Group A-3
occupancies where one of the following conditions exists:
1. The fire area exceeds 5000 square feet.
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4
occupancies where one of the following conditions exists:
1. The fire area exceeds 5000 square feet
903.2.2.1 Group B. An automatic sprinkler system shall be provided for Group B
occupancies where one of the following conditions exist:
1. The fire area exceeds 5000 square feet.
903.2.3 Group E.An automatic sprinkler system shall be provided for Group E
occupancies as follows:
1. Throughout all Group E fire areas greater than 5000 square feet in area.
903.2.4 Group F-1.An automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following conditions
exists:
1. A Group F-1 fire area exceeds 5000 square feet.
903.2.7 Group M.An automatic sprinkler system shall be provided throughout buildings
containing a Group M occupancy where one of the following conditions exists:
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1. A Group M fire area exceeds 5000 square feet.
903.2.9 Group S-1.An automatic sprinkler system shall be provided throughout all
buildings containing a Group S-1 occupancy where one of the following conditions
exists:
1. A Group S-1 fire area exceeds 5000 square feet
903.2.9.1 Repair garages.An automatic sprinkler system shall be provided throughout
all buildings used as repair garages in accordance with Section 406 of the California
Building Code, as shown:
1. Buildings with a Repair Garage where the fire area exceeds 5000 square
feet.
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be
provided throughout buildings classified as enclosed parking garages in accordance with
Section 406.4 of the California Building Code as follows:
1. Where the fire area of the enclosed parking garage exceeds 5000 square
feet; or
Section 903.3.1.1.2 is added to read as follows:
903.3.1.1.2 Undeclared Use and Tenant Space.In buildings of undeclared use or with
tenant space areas; the fire sprinkler system may be required to be designed to conform to
the design density of the most hazardous occupancy use allowed within the building.
Where a subsequent occupancy requires a system with greater capability, it shall be the
responsibility of the owner and/or the occupant to upgrade the system.
Section 903.6.3 is added and reads as follows:
903.6.3 Substantial Remodel. In an existing building, if a substantial remodel occurs
the entire building shall be protected by an automatic sprinkler system in accordance with
section 903.
Section 903.6.3.1 is added and reads as follows:
903.6.3.1 Substantial Remodel, Group R-3. An automatic sprinkler system shall be
provided throughout all existing Group R-3 dwellings where a substantial remodel occurs
or where the gross floor area of the building exceeds 8,000 square feet,
Exception:When additional floor area does not exceed 1000 square feet.
II. Findings
Pursuant to Section §17958.5 and §17958.7 of the California Health and Safety Code, the
Board of Directors of the San Ramon Valley Fire Protection District finds that the above
referenced change, modification, and amendment is needed and is reasonably necessary
because of certain local climatic, geological, and topographic conditions as described
below.
A. Climatic
1. Precipitation and Relative Humidity
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(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of
approximately 20 inches per year. Ninety-six (96) percent falls during the months
of October through April and four (4) percent from May through September.
This is a dry period of at least five (5) months each year. Additionally, the area
is subject to occasional drought. Relative humidity remains in the middle range
most of the time. It ranges from forty-five (45) to sixty-five (65) percent during
spring, summer, fall, and from sixty (60) to ninety (90) percent in the winter. It
occasionally falls as low as fifteen (15) percent.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes
and shingles on buildings and non-irrigated grass, brush and weeds, which
are often near buildings with wood roofs and sidings. Such dryness causes these
materials to ignite very readily and burn rapidly and intensely.
Because of dryness, a rapidly burning grass fire or exterior building fire can
quickly transfer to other buildings by means of radiation or flying brands, sparks
and embers. A small fire can rapidly grow to a magnitude beyond the control
capabilities of the Fire District resulting in an excessive fire loss.
2. Temperature
(a) Conditions
Temperatures have been recorded as high as 1140 F. Average summer highs
are in the 900 range, with average maximums of 1050 F.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby
reducing their effectiveness and ability to control large building and wildland
fires.
Another impact from high temperatures is that combustible building
material and non-irrigated weeds, grass and brush are preheated, thus
causing these materials to ignite more readily and burn more rapidly and
intensely. Additionally, the resultant higher temperature of the atmosphere
surrounding the materials reduces the effectiveness of the water being applied to
the burning materials. This requires that more water be applied, which in turn
requires more Fire District resources in order to control a fire on a hot day.
High temperatures directly contribute to the rapid growth of fires to an
intensity and magnitude beyond the control capabilities of the Fire District.
3. Winds
(a) Conditions
Prevailing winds in the area are from the south or southwest in the mornings and
from the north or northwest in the afternoons. However, winds are experienced
from virtually every direction at one time or another. Velocities are generally in
the fourteen (14) mph to twenty-three (23) mph ranges, gusting to twenty- five
(25) to thirty-five (35) mph. Forty (40) mph winds are experienced occasionally
and winds up to fifty-five (55) mph have been registered locally. During the
winter half of the year, strong, dry, gusty winds from the north move through the
area for several days creating extremely dry conditions.
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(b) Impact
Winds such as those experienced locally can and do cause fires, both interior
and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds,
grass and brush can grow to a magnitude and be fanned to an intensity beyond the
control capabilities of the Fire District very quickly even by relatively moderate
winds. When such fires are not controlled, they can extend to nearby buildings,
particularly those with untreated wood shakes or shingles.
Winds of the type experienced locally also reduce the effectiveness of
exterior water streams used by the Fire District on fires involving large interior
areas of buildings, fires which have vented through windows and roofs due to
inadequate built-in fire protection and fires involving wood shake and shingle
building exteriors. Local winds will continue to be a definite factor
towards causing major fire losses to buildings not provided with fire resistive roof
and siding materials and buildings with inadequately separated interior areas or
lacking automatic fire protection systems. National statistics frequently cite wind
conditions, such as those experienced locally, as a major factor where
conflagrations have occurred.
4. Summary
These local climatic conditions affect the acceleration, intensity, and size of fire
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 can have a tremendous impact upon structure fires. During wood shake
and shingle roof fires, or exposure fires, winds can carry sparks and burning
brands to other structures, thus spreading the fire and causing conflagrations. In
building fires, winds can literally force fires back into the building and can create
a blow torch effect, in addition to preventing “natural” ventilation and cross-
ventilation efforts.
B. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is located in Seismic Risk Zone 4, which is the worst
earthquake area in the United States. Buildings and other structures in Zone 4
can experience major seismic damage. Contra Costa County is in close
proximity to the San Andreas Fault and contains all or portions of the
Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults.
A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4
earthquake with its epicenter also in Concord occurred in 1955. The
Concord and Antioch faults have a potential for a Richter 6 earthquake and the
Hayward and Calaveras faults have the potential for a Richter 7 earthquake.
Minor tremblers from seismic activity are not uncommon in the area.
Interstate 680 runs the length of the San Ramon Valley to Interstate 580 in
Alameda County. The interstate divides the valley into a west and east side.
Through the valley, the interstate is transversed by 8 underpasses and 7
overcrossings. An overpass or undercrossing collapse would significantly alter
the response route and time of responding emergency equipment. This is due to
limited crossings of the interstate and that the valley has only one surface street,
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which runs parallel to the interstate which, would be congested during a
significant emergency.
Earthquakes of the magnitude experienced locally can cause major damage to
electrical transmission facilities, which, in turn, cause power failures while
at the same time starting fires throughout the Fire District. The occurrence of
multiple fires will quickly deplete existing fire department resources; hereby
reducing and/or delaying their response to any given fire. Additionally, without
electrical power, elevators, smoke management systems, lighting systems, alarm
systems and other electrical equipment urgently needed for building evacuation
and fire control in large buildings would be inoperative, thereby resulting in loss
of life and/or major fire losses in such buildings.
(b) Impact
A major earthquake could severely restrict the response of the Fire District
and its capability to control fires involving buildings of wood frame
construction, with ordinary wood shake and shingle exteriors, or with large
interior areas not provided with automatic smoke and fire control systems.
2. Soils
(a) Conditions
The area is replete with various soils, which are unstable, clay loam and alluvial
fans being predominant. These soil conditions are moderately to severely prone
to swelling and shrinking, are plastic, and tend to liquefy.
Throughout the San Ramon Valley, the topography and development growth
has created a network of older, narrow roads. These roads vary from gravel to
asphalt surface and vary in percent of slope, many exceeding twenty- (20)
percent. Several of these roads extend up through the winding passageways in
the hills providing access to remote, affluent housing subdivisions. The
majority of these roads are private with no established maintenance program.
During inclement weather, these roads are subject to rock and mudslides, as
well as down trees, obstructing all vehicle traffic. It is anticipated that during
an earthquake, several of these roads would be impassable.
Examples:
1. Roundhill Estates in Alamo – access restricted for fire equipment
due to road grade and width.
2. West hillside area in Danville and Alamo would restrict access for
Station’s 31, 32, and 33.
3. Tassajara Valley and Morgan Territory roads would restrict
access for Station’s 30, 35, 36 and 37.
3. Topographic
(a) Conditions
i. Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and
open space areas adjacent to built-up locations six (6) to eight (8) months of
each year. Many of these areas frequently experience wildland fires, which
threaten nearby buildings, particularly those with wood roofs, or sidings. This
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condition can be found throughout the District, especially in those developed and
developing areas of the District.
ii. Surface Features
The arrangement and location of natural and manmade surface features,
including hills, creeks, canals, freeways, housing tracts, commercial
development, fire stations, streets and roads, combine to limit feasible
response routes for Fire District resources in and to District areas.
iii. Buildings, Landscaping and Terrain
Many of the “newer” large buildings and building complexes have building
access and landscaping features and designs, which preclude or greatly limit
any approach or operational access to them by Fire District vehicles. In
addition, the presence of security gates and roads of inadequate width and grades
which are to steep for Fire District vehicles adversely effect fire suppression
efforts.
When Fire District vehicles cannot gain access to buildings involved with fire,
the potential for complete loss is realized. Difficulty reaching a fire site often
requires that fire personnel both in numbers and in stamina. Access problems
often result in severely delaying, misdirecting or making impossible fire and
smoke control efforts.
(b) Impact
The above local geological and topographical conditions increase the
magnitude, exposure, accessibility problems, and fire hazards presented to the
San Ramon Valley Fire Protection District. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake
itself. Hazardous materials, particularly toxic gases, could pose the
greatest threat to the largest number, should a significant seismic event occur.
Public Safety resources would have to be prioritized to mitigate the
greatest threat, and may likely be unavailable for smaller single dwelling or
structure fires.
Other variables may tend to intensify the situation:
1. The extent of damage to the water system.
2. The extent of isolation due to bridge and/or freeway overpass collapse.
3. The extent of roadway damage and/or amount of debris blocking the
roadways.
4. Climatic conditions (hot, dry weather with high winds).
5. Time of day will influence the amount of traffic on roadways and could
intensify the risk to life during normal business hours.
6. The availability of timely mutual aid or military assistance.
7. The large portion of dwellings with wood shake or shingles coverings could
result in conflagrations.
4. Summary
Local climatic, geologic, and topographic conditions impact fire prevention
efforts, and the frequency, spread, acceleration, intensity, and size of fire
involving buildings in this community. Further, they impact potential
damage to all structures from earthquake and subsequent fire. An example of
this was the October 17, 1989 Loma Prieta earthquake measuring 6.9 on the
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San Andreas fault centered near Santa Cruz, caused one residential fire and
numerous commercial buildings to have damage.
Part 5. REPEAL OF CONFLICTING ORDINANCES
The following Ordinance previously adopted by the Board of Directors is hereby
repealed: Ordinance No.23, San Ramon Valley Fire Protection District.
Part 6. PUBLICATIONS
That the Fire District Clerk of San Ramon Valley Fire Protection District is hereby
directed to cause this ordinance to be published within fifteen (15) days of passage, with
the names of the Directors voting for and against it, in the San Ramon Valley Times, a
newspaper of general circulation in this District.
Part 7. EFFECTIVE DATE
That this ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take effect and be in full force, beginning
January 1, 2014 and after its final passage and adoption.
Passed and Adopted on ,by the following Vote:
AYES:
NOES:
ABSENT:
ATTEST:
Susan F. Brooks Matthew J. Stamey, President
District Clerk Board of Directors
APPROVED AS TO FORM:
______________________________
William D. Ross, District Counsel