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HomeMy WebLinkAboutMINUTES - 10311989 - T.2 UNIFORM FIRE CODE ORDINANCES OF THE COUNTY OF CONTRA COSTA ( 89-64) , AND OF THE BETHEL ISLAND ( 89-65, BYRON ( 89=66) , CROCKETT-CARQUINEZ ( 89-67) , CONTRA COSTA COUNTY ( 89-68) , EAST DIABLO ( 89-69) , MORAGA (89-70 ) , OAKLEY ( 89-71) , ORINDA ( 89-72),, PINOLE ( 89-73) , RIVERVIEW ( 89-74) , TASSAJARA ( 89-75) AND WEST COUNTY ( 89-76) , ,FIRE PROTECTION DISTRICTS OF CONTRA COSTA COUNTY, ADOPTING BY REFERENCE (WITH CERTAIN AMENDMENTS) THE UNIFORM FIRE CODE ( 1988 EDITION AND THE UNIFORM FIRE CODE STANDARDS) COMPILED BY THE WESTERN FIRE CHIEFS ASSOCIATION, INC. , AND REPEALING ORDINANCE NUMBERS 86-67 THROUGH 86-77. The Board of Supervisors of Contra Costa County for the County, and as the Board of Directors of the Bethel Island, Byron, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview, Tassajara and West County Fire Protection Districts, ordains as follows: Section I . Adoption by Reference. The Uniform Fire Code, 1988 Edition including Appendix Articles I-A, I-B, I-C, II-A, II-B, II-C, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, V-A, VI-A, VI-B, VI-C, VI-D, the Uniform Fire Code Standards, and the 1989 Supplement to the Uniform Fire Code, as compiled, recommended and published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference, with the changes, additions, and deletions set forth in this ordinance, of which Code and Standards at least one (1) copy has been and is now filed in the - Office of the Clerk of the County of Contra Costa and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which ordinance shall take effect the provision thereof shall be controlling within the boundaries of this jurisdiction. ' Section II . Additional Definition. In addition to the terms defined in Article 9 of the Uniform Fire Code, the following term in this ordinance and in the Uniform Fire Code, adopted by reference by this ordinance is defined as follows: "Board of Fire Commissioners" shall mean the commissioners appointed by the supervising authority of) the jurisdiction to act as its agents in managing the affairs of the jurisdiction. Section III . Changes and Deletions. The Uniform Fire Code and the Uniform Fire Code Standards adopted by reference in Section I , shall be effective and the amendments, additions and deletions set forth in this section. Article, section, division and appendix numbers used below are those of the Uniform Fire Code. Section 1. 103 . Scope. Section 1. 103 is amended by adding subsection (d) , as follows: (d) Where not otherwise limited by law, the provisions of this Code shall apply to vehicles, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction. Section 2.102 . Rules and Regulations. Section 2. 102 is amended as follows: The chief is authorized to make and enforce such rules and .regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. Such rules and regulations shall become effective only after the Board of Fire Commissioners has reviewed and the County Administrator or the Board of Supervisors has approved them and indicated its or their approval and upon filing of one copy of such rules and regulations in the Office of the Clerk of the Board of Supervisors. Additional copies of such rules and regulations shall be kept in the office of the Fire Department for reference by and distribution to the public. -1- Section 2 . 105. Authority of Fire Personnel to Exercise Powers of Peace Officers. Section 2 . 105 is amended as follows: (a) The chief and his designated representative shall have the powers of peace officers while engaging in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration. (b) The chief, or his duly authorized agents, may issue citations for violations of this ordinance in the same manner as a county or city is authorized to do so by Chapter 5C (commencing with Section 853 .5) , Title 3 , Part 2 , of the Penal Code. Section 2 .204. Orders, Notices and Tags. Section 2 .204 is amended by adding subsection (e) , as follows: (e) The chief may order, in writing, the correction, elimination, or abatement of any fire or life hazard or any violation of this ordinance including the said code and standards incorporated by reference herein which violation correction is necessary for prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration. Section 2 .206. Review of Certain Plans . Section 2 . 206 is added, as follows: Before undertaking any construction or development, Applicants shall submit building plans and/or specifications to the fire department for its retention and review for compliance with this ordinance and other applicable regulations, whenever any land is developed and/or building is constructed or improved which would require: 1 . Provision of a water supply for fire protection; 2. Provision of access for fire apparatus ; 3 . An occupancy for the storage, handling, or use of any hazardous substance, material process or device; 4. Occupancies for which a fire department has responsibility for enforcement of laws or ordinances for fire safety and preservation of property or lives; and/or 5 . Provisions to control the spread of fire. Section 2 .207. Fee for Plan Review, Inspection and Permits. Section 2 . 207 is added, as follows: The Board of Fire Commissioners may by resolution, establish a schedule of non-discriminatory fees to be charged and collected, solely to defray the fire department' s reasonable costs for plan review of fire protection equipment and systems, including, but not limited to, the plans set forth in Section 2 .206, above; requested or required inspection services; and issuance of permits. Such fees shall become effective only after the Board of Supervisors has reviewed such and approved the fee schedule. One copy of such approved fee schedule shall be filed with the Office of the Clerk of the Board of Supervisors and one copy filed with the County. Administrator' s office. Additional copies shall be kept in the main business office of the fire department for reference by and distribution to the public. Section 2 . 303 . Board of Appeals. Section 2 . 303 is amended, as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this ordinance, there shall be and hereby is created a Board of Appeals. The Board of Appeals shall be composed of the Board of Fire Commissioners. The Board shall adopt reasonable rules and -2- a regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief with a duplicate copy to the appellant and may recommend to the Executive Body such new legislation as is consistent therewith. Section 2. 304. Standards. Section 2 . 304 is amended by adding to subsection (b) , and listing certain publications, as follows: (b) Whenever this ordinance is inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion, the. materials, methods of construction, installations, practices, or operations necessary to provide such protections shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, principles, and tests and generally recognized and well- established methods of fire prevention and control, as set forth in the following publications which are adopted by reference as part of this ordinance as though set forth herein in full . The publications listed below are contained in their entirety in the 1989 Edition of the National Fire Codes published by the National Fire Protection Association (NFPA) . One ( 1) set of these codes is on file in the Office of the County Clerk for use and examination by the public . NATIONAL FIRE PROTECTION ASSOCIATION (N. F.P.A. ) Batterymarch Park Quincy, MA 02269 N.F.P.A. STANDARDS 12 Carbon Dioxide Systems, 1989 12A Halon 1301 Systems, 1987 12B Halon 1211 Systems, 1985 13 Sprinkler Systems, Installation, 1989 13A Sprinkler System - Inspection, Maintenance and Testing, 1987 13D Sprinkler Systems, Dwelling, 1989 13R Sprinkler Systems, Residential, 1989 14 Standpipe and Hose Systems, 1987 15 Water Spray Fixed System, 1985 16 Foam-Water Sprinkler & Spray Systems, 1986 17 Dry Chemical Systems, 1985 20 Centrifugal, Fire Pumps, 1987 22 Water Tanks, 1987 24 Outside Protection, 1987 26 Supervision of Valves, 1988 30 Flammable and Combustible Liquids Code, 1987 30A Automotive and Marine Service Station, 1987 31 Oil Burning Equipment, 1987 33 Spray Application, Using Flammable and Combustible Materials, 1985 34 Dip Tanks, 1987 35 Manufacturer of Organic Coatings, 1987 36 Solvent Extraction Plants, 1988 37 Stationary Combustion Engines and Gas Turbines, 1984 40E Storage of Pyroxylin Plastic, 1986 43A Liquid & Solid Oxidizing Materials, 1980 43C Storage of Gaseous Oxidizing Materials, 1986 45 Fire Protection for Laboratories Using Chemicals, 1986 50 Bulk Oxygen Systems, 1985 50B Liquefied Hydrogen Systems, 1989 51 Welding and Cutting, Oxygen-Fuel Gas Systems for, 1987 59A Liquefied Natural Gas, Storage and Handling, 1985 65 Aluminum Processing and Finishing, 1987 68 Venting of Deflagrations, 1988 70 Explosion Prevention Systems, 1986 71 Central Station Signalling Systems, 1987 72A Local Protective Signalling Systems, 1987 72B Auxiliary Signalling Systems, 1986 72C Remote Station Signalling Systems, 1986 72D Proprietary Signalling Systems, 1986 72E Automatic Fire Detectors, 1987 -3- 72F Voice/Alarm Communication Systems, 1985 72G Notification Appliances for Protective Signalling Systems, 1989 72H Testing Procedures for Protecting Signally Systems, 1988 74 Household Fire Warning, 1989 75 Electronic Computer/Data Processing Equipment, 1987 80 Standard for Fire Doors and Windows, 1986 91 Blower and Exhaust Systems, 1983 92A Smoke Control Systems, 1988 96 Commercial Cooking Equipment, Vapor Removal, 1987 110 Emergency and Standby Power Systems, 1988 204M Smoke and Heat Venting, 1985 231 General Storage, Indoor, 1987 231C Rack Storage of Materials, 1986 303 Marinas and. Boatyards, 1986 327 Cleaning Small Tanks, 1987 329 Underground Leakage of Flammable and Combustible Liquids, 1987 329 Flammable Liquids Underground Leakage, 1987 407 Aircraft Fuel Servicing, 1985 409 Aircraft Hangars, 1985 410 Aircraft Maintenance, 1989 415 Aircraft Fuel Ramp Drainage, 1987 419 Airport Water Supply Systems, 1987 505 Powered Industrial Trucks, 1987 513 Motor Freight Terminals, 1984 651 Aluminum °of Magnesium Powder, 1987 655 Sulfur Fires, . Explosions, Prevention, 1988 664 Woodworking Plants, Dust Hazards, 1987 850 Fossil Fueled Steam Electric Generating Plants, 1986 1231 Water Supplies, Firefighting Suburban and Rural Areas, 1984 Section 3 . 105. Compliance. Section 3 . 105 is added, as follows: Every person who violates any provision of this ordinance and any provision of the Uniform Fire Code as adopted by reference herein is guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten ( 10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. This section is a declaration of Section 13871 of the Health and Safety Code and is not intended to create a different or separate penalty. Section 4. 102 . Conditions of Permit. Section 4. 102 is amended by adding subsection (d) , as follows: (d) Permit( s) shall be issued after the permit fees required by Section 2 .207 have been received by the fire department and all other conditions of the permit have been met. Section 4. 107. Revocation of Permits. Section 4. 107 is amended by adding subsection (f) , as follows: (f) Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this ordinance do not apply, or that the true intent and meaning of this ordinance have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the Board of Appeals (created pursuant to Section 2 . 303) within 30 days from the date of decision appealed. Section 4. 108. Permit Required. Section 4. 108 is amended by adding or altering the following activities. } -4- l y c.8. is added as follows: Christmas tree sales. To use a property for the purpose of selling cut Christmas trees. See applicable provisions of Article 25, Division V, and Section 11 . 411 f. 3 .E. is amended by adding "reline" as follows: To install, alter, reline, remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank. See Article 79. h. l . is amended by renumbering as Section 4. 108.h. 1 .A and altered by adding toxic liquids, solids and gases to the table therein and by adding subsection B. , C. and D. as follows: A. To store, transport on-site, dispense, use or handle hazardous materials.- in excess of the following amounts: TYPE OF MATERIAL AMOUNT Toxic Liquids 10 gallons Toxic Solids 100 pounds Toxic Gases Any Amount B. To install, alter or operate equipment in connection with the storage, handling, use or sale of hazardous materials regulated under Article 80. C. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any hazardous material tank regulated under Article 80. D. To change the type of contents stored in any hazardous materials tank to a material other than that for which the tank was designed and constructed. s. l. is amended by deleting "liquids" and adding "or combustible materials" as follows: To operate a spraying or dipping enterprise utilizing flammable or combustible materials included within the scope of Article 45 . See Section 45 . 102 . Section 9. 103 . Definitions. Section 9 . 103 is amended by adding the definition of "Administrator" , as follows: Administrator means the County Administrator of Contra Costa County. Section 9 . 105 . Definition. Section 9. 105 is amended by adding the definition of "County Administrator" , as follows: County Administrator means the County Administrator of Contra Costa County. Section 9 . 107 . Definition. Section 9 . 107 is amended by adding the year "1987" in the definition of "Electrical Code" . Section 9. 108. Definition. Section 9 . 108 is amended by adding the definitions of "Facility" , "Firebreak" , "Firetrail" and Fuelbreak, as follows: Facility is any structure, establishment or location used for storing, processing or handling material or equipment. Firebreak means a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn when dry had been abated or otherwise removed in order to prevent the surface extension of fire from one area to another. Firetrail means a graded firebreak of sufficient width, surface, and design to provide access for fire personnel and equipment to suppress and to assist in preventing a surface extension of fires. Fuelbreak means a firebreak of sufficient width to assist in preventing a surface extension of fires. -5- Section 9. 112 . Definitions. Section 9. 112 is amended by altering the definitions of "Jurisdiction" and "Jurisdictional Area" , as follows: Jurisdiction means any county, district or other political subdivision adopting this ordinance for use within its legal boundaries. Jurisdictional Area means the territory of any county, district or other political subdivision adopting this ordinance for use within its legal boundaries. Section 10.207. Access Roadways For Fire Apparatus. Section 10.207 is amended by altering subsections (b) and (k) and adding subsection (m) , as follows: (b) Where Required. Fire apparatus access roads shall be required for every building, facility or exterior storage area hereafter constructed or used when any portion of an exterior wall of the first story of a building or any portion within the facility or exterior storage area is located more than 150 feet from fire department vehicle access as measured by an approved, unobstructed route around the exterior of the building, or within the facility or exterior storage area. (k) Obstructing. The required access width or roadway shall not be obstructed in any manner including, but not limited to, imposition of any physical impairment, condition, object or device, which would lessen, obstruct, hinder, or delay or impair the access for safe emergency response of fire department apparatus and personnel . Parking of vehicles shall not be permitted when such parking would obstruct access. Minimum required widths and clearances established under this section shall be maintained at all times. (m) Open Space. When access to open landscape or firetrail systems maintained for public or private use is obstructed by new development, the developer shall provide alternate acceptable access into the areas, as approved by the Fire District, for fire personnel and equipment. Section 10. 208. Premises Identification. Section 10 . 208 is amended by adding a last sentence to subsection (a) and adding subsection (c) , to read as follows: When illuminated number/address are provided, they shall be maintained in working order. (c) Complexes, Multi-Address Buildings and Facilities. Monuments, site plans or other required directional signs indicating location of all numbers, addresses and buildings shall be posted and maintained as required by the chief. Section 10. 301. Installation. Section 10. 301 is amended by altering and adding to subsection (c) and adding subsection (g) , (h) and (h)1 as follows: (c) Water Supply. Where lands are hereafter divided for future development or construction of any buildings or facilities, or used as exterior storage areas, an approved water supply capable of supplying required calculated fire flow for fire protection shall be provided. When any portion of the building, facility, or exterior storage area protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the building or within the facility or exterior storage area, there shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of. reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of supplying the required fire flow. In setting the requirements for fire flow, the chief may be guided by Appendix III-A of this code. -6- . i The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10. 207. When the required fire flow cannot be provided or exceeds fire department capabilities, alternate methods of fire protection as approved by the chief shall be provided. (g) Fire Department Delivery Capability. An automatic fire sprinkler system shall be installed in all new buildings or occupancies or in existing buildings or structures that change occupancy classification or use when the required fire flow exceeds 2,000 GPM or -the total floor area exceeds 10,000 square feet. For the purpose of this section, buildings separated by area separation walls as set forth in Section 505(e) of the Uniform Building Code shall not be considered to create separate buildings unless such walls are constructed as specified in Appendix III-A-2 of this Code. (h) Response Time and Distance. An automatic fire sprinkler system shall be installed in all new buildings or occupancies when any of the following requirements are exceeded: 1 . A maximum running time of 3 minutes and/or 1 . 5 miles from the first-due station in all central business districts, urban, and suburban areas. 2 . A maximum response time of 5 minutes in central business districts, urban and suburban areas. 3 . A maximum running time of 6 minutes and/or 3 miles from the first-due station in all rural and semi-rural areas. Distances shall be measured by the most direct route on surface streets. EXCEPTION: Group M. Division 3 , Agricultural Buildings set forth in Uniform Building Code Appendix, Chapter 11 . The provisions of this section shall not apply to existing buildings or structures exceeding the maximum allowable fire flow or area for an unsprinklered building unless the building or structure changes occupancy classification or use, in which case this section shall apply. (h)1 Definitions. For the purpose of this section, certain terms are defined as follows: Central Business District is a downtown area of a major city or a large business/office complex. These areas are characterized by offering large concentrations of jobs and consist of clusters of buildings 4 stories or more in height. CBD" s or major commercial centers generally have high employment densities. Urban Area is an area that is generally designated for multiple family housing, with smaller areas designated for high density single family homes; low to moderate density commercial/industrial uses; and many other accompanying uses . Urban areas usually include clusters of residential buildings (apartments and condominiums) up to 3 or 4 stories in height and single family homes on relatively small lots . Many commercial strips along a major arterial road are considered urban areas . Suburban Area is an area that is generally designated for low and medium density single family homes; low density multiple family residences; low density neighborhood- and community- oriented commercial/industrial uses; and other accompanying uses . Individual structures are generally less than 3 stories in height and residential lots vary from one fifth of an acre (8,000 or -7- 9,000 square feet) up to 2 or 3 acres. Population densities fall within a wide range, from about 1,000 to 7, 500 persons per square mile (1. 5 to 12 .0 people per acre) . - Rural Area is an area that is -generally designated as open space or very low density residential uses, and which are characterized by medium to very large parcel sizes (10 acres to several thousand acres) . These acres have very low population densities, usually no more than 1 person per acre or 500 people per square mile. Semi-Rural Area is an area that is generally designated for agricultural, open space or very low density residential uses, with smaller parcel sizes than rural, generally 2 to 3 acres or larger. These areas may support agricultural operations, but on smaller lots than is .generally true for rural areas. The areas are characterized by clusters of farm housing or low density "ranchette" development. The population densities in these areas usually range between 500 to 1, 000 persons per square mile ( 1 . 0 to 1. 5 persons per acre) . Response Time is the calculated time difference between receiving a report of alarm and the application of extinguishing agent. Running Time is the calculated time difference between leaving the first-due station and arriving on the emergency scene. Section 10.305. Installation of Fixed Fire Protection Systems. Section 10.305 is amended by altering the first sentence of subsection (a) and by adding a second paragraph to subsection (b) as follows: (a) General. All fire-extinguishing systems shall be installed in accordance with the requirements of this article. (b) Approvals. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an ordinary Hazard Group 3 use, with a minimum design area of 3,000 square feet. Use is considered undetermined if not classified at the time the permit is issued. Section 10. 306. Automatic Fire-Extinguishing Systems. Section 10. 306 is amended by altering subsection (a) as follows: (a) Where Required. An automatic fire--extinguishing system shall be installed in occupancies and locations in accordance with the requirements of Section 10. 301(g) , (h) and this section. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10. 301 and 45 .209 and Articles 48, 49 and 80. Section 10. 401 . Fire Resistive Construction. Section 10.401 is amended by adding the word "provided" as follows: All required fire-resistive construction, including occupancy separations, area separation walls, exterior walls due to location on property, fire-resistive requirements based on type of construction, draft-stop partitions and roof coverings shall be provided and maintained as specified in the Building code and this code and shall be properly repaired, restored or replaced when damaged, altered, breached, penetrated, removed or improperly installed. Section 11 . 111 . Chimney Spark Arresters. Section 11 . 111 is amended as follows: Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used upon any cabin, house, hotel, building or structure shall be maintained with a spark arrester as required by the Uniform Building Code for incinerators. -8- Section 11.203 . Storage of Readily Combustible Materials. Section 11.203 is amended by altering the first paragraph of subsection (b) as follows: Storage in buildings -shall be orderly, shall be maintained two feet below the ceiling, and shall be so located as not to endanger exiting from the building. Aisles shall be provided in accordance with Section 81 . 108(a) . Refer to Article 81 for high piled stock. Section 12 . 103 . Exit Obstruction. Subsection 12 . 103(a) is amended by adding a new last sentence as follows: (a) Obstructions. Obstructions, including storage, shall not be placed in the required width of an exit, except projections as permitted by the Building Code. Exits shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the exit hazardous. Exterior exit pathways shall be suitable for pedestrian use in inclement weather and terminate at a public way as defined in the Building Code. Section 12 . 104. Doors. Section 12 . 104 is amended by adding a third paragraph to subsection (d) , as follows: No lock, padlock, hasp, bar, chain, or other device, or combination thereof, shall be installed or maintained at any time on or in connection with any door on which panic hardware is installed. Section 12 . 107 Exit Illumination. Section 12 . 107 is amended by adding subsection (c) , as follows: (c) Working Order. All illuminated exit signs and all emergency light and power systems, where provided, shall be maintained at all times in working order. Section 14. 101 . Scope'. Section 14. 101 is amended to read as follows: This article governs the requirements for the installation and maintenance of fire alarm systems in all occupancies specified herein. The regulations contained in this article require the installation of electrically supervised fire alarm systems. Fire alarm systems shall be in accordance with this section. For the purpose of this section, area separation walls shall not define separate buildings. Section 14. 103 . General Requirements. Section 14. 103 is amended by adding a last sentence to subsections (c) and altering subsection (e) as follows: (c) . . . All equipment shall meet the requirement of Health and Safety Code Division 12 , Section 13114(a) and (b) . (e) The installer shall provide written certification to the chief that the system has been installed in accordance with nationally recognized standards, manufacturers specifications and the approved plans. The chief may require a U. L. Certificate of Installation. Section 14. 106. Maintenance. Section 14. 106 is amended by adding last sentence to subsection (a) and altering subsection (b) as follows: (a) . . . Records shall be maintained on site and available upon request. (b) Notification. The Fire Department and/or central station shall be notified whenever any fire alarm system is to be repaired or temporarily placed out of service and upon restoration of service. -9- Section 25. 103(a) , 1989 Supplement, is amended as follows: Section 25.103(a) . All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees, that would tend to-increase the fire and panic hazard shall be made from material which is not flammable material or shall be treated and maintained in a flame-retardant condition by means of flame-retardant solution or a process approved by the chief. Exit doors, exit lights, fire alarm sending stations, wet stand- pipe hose cabinets and fire-extinguisher locations shall not be concealed or obstructed by any decorative material . Section 25. 106(b)2 . Group A, Division 2, 2 . 1 and 3 Occupancies. Section 25. 106(b)2 is amended by deleting from first sentence in the Exception "or pair of doors" , and revising the last sentence to .read, . "The use of this exception may be revoked by the chief or the building official for due cause. " Section 35. 101. Scope. Section 35 . 101 is amended by altering as follows: This article applies to those occupancies defined as covered mall buildings as established by the Building Code and to the temporary use of the common pedestrian area within the covered mall building for promotional, educational, assembly, sales or similar activities. Section 35. 104. Special Provisions. Section 35 . 104 is amended by adding subsection (h) , as follows: (h) Unoccupied Tenant Spaces. Unoccupied tenant spaces shall be separated from the remainder of the covered mall until such time as the space is prepared for use. The unoccupied tenant space shall be: (1) Kept free from the storage of any material whatsoever, other. than materials used in preparation for occupancy. (2) Separated from the remainder of the building by partitions faced on both sides by 1/2-inch gypsum wallboard or the equivalent. (3) Without doors or other access openings other than those which will be kept keylocked in the closed position except during that time when open for inspection. (4) Kept free from all combustible waste and kept broom- swept clean. Unoccupied tenant spaces need not have the tenant fire sprinkler protection completed when all of the requirements of the above have been met, provided the base building fire sprinkler system is operational within the tenant space area under consideration. The automatic sprinkler system throughout all occupied space in the covered mall building shall be complete and operative prior to occupancy of any of the tenant spaces. Section 36. 103 . Equipment. Section 36. 103 is amended by adding a last sentence to the second paragraph as follows: Emergency mechanical ventilation equipment designed to provide an air change every five minutes shall be installed within rooms in which solvent is stored or used. Openings that provide emergency ventilation shall be within 15 feet of solvent equipment of storage and shall discharge at an approved location. Switches to operate emergency ventilation shall be at an approved location. Exhaust vapors shall be taken from a point within 12 inches of the floor. Section 45. 102 . Permits. Section 45 . 102 is amended as follows: -10- For permits for spraying or dipping operations utilizing .flammable or combustible materials, see Section 4. 108. Section 47. 102 . Permits. Section 47. 102 is amended by adding to the Section as follows: For a permit to engage in the business of fumigation or thermal insecticidal fogging or to maintain a fumigation room, vault or chamber in which a toxic or flammable fumigant is used, see Section 4. 108. Section 74.206. Shutoff Valves. Section 74.206(b) is revised by adding the word "readily" as follows: The main oxygen supply line shall be provided with a shutoff valve so located as to be readily accessible in an emergency. Section 77. 106. General Requirements. Section 77 . 106 is amended by adding a last sentence to subsection (b) , as follows: Storage of explosives and blasting agents are prohibited in all areas of this jurisdiction, except for approved explosive terminals, quarry operations, and temporary storage for use in connection with approved blasting operations as approved by the chief. Section 79. 101(a) . General . Section 79 . 101(a) is amended as follows: The storage, use, dispensing and mixing of flammable and combustible liquids shall be in accordance with this article, except as otherwise provided in other laws or regulations. For construction requirements see the Building Code. This article also applies specifically to all flammable and combustible liquids defined in Section 79 . 102 , except those that are solid at 100°F or above. When heated, sprayed or mixed, Class II or Class III liquids may assume the characteristics of lower flash point liquids. Under such conditions the appropriate provisions of this article for the actual flash point shall apply. When flammable or combustible liquids present multiple hazards, all hazards shall be addressed. See Article 80. Section 79. 104. Portable Tanks, Containers and Equipment. Section 79 . 104 is amended by adding subsection (c) , as follows: (c) Explosion Control. Explosion venting, equivalent protection devices, suppression systems or barricade, shall be provided in accordance with Section 80. 301(q) , when Class I-A or I-B flammable liquids are stored in excess of the exempt amounts in Table No. 9-A of the Building Code, or where explosive vapor-air mixtures may develop under normal operating conditions. Section 79. 115 . Abandonment and Status of Tanks. Section 79. 115 is amended by adding subsection (d)B. (v) and amending subsection (f) as follows: (d)B. (v) Tanks shall be immediately removed from the site and disposed in a manner approved by the chief. (f) Underground Tanks Out of Service One Year. Any under- ground tank which has been out of service for a period of one year shall be removed from the ground in a manner approved by the chief and the site restored in an acceptable manner. When the chief determines that the removal of the tank is not feasible, he may permit the tank to be abandoned in place. Tanks shall be removed from the ground in accordance with Subsection (d) 1 B. Tanks shall be abandoned in place as follows: 1 . Remove all flammable or combustible liquids from the tank and from all connected piping, and -11- 2 . Disconnect the suction, inlet, gage, vapor return, and vapor lines, and 3 . Fill the tank completely with an inert solid material approved by the chief, and 4. Cap or plug remaining underground piping, and 5. Retain a record of tank size, location and date of abandonment. Section 79 . 116. Fire Protection. Section 79. 116 is amended by adding two new paragraphs, as follows: When required by this article or deemed necessary by the chief, fire apparatus- acce.ss roadways shall be provided for all portions of facilities and uses in accordance with Article 10. When required an approved water supply shall be provided in accordance- with Article 10. Section 79.201(8)2 . Quantities. Section 79 . 102 (8)2 is amended as follows: The quantity of Class I and Class II liquids combined, shall not exceed 60 gallons and the total quantities of all liquids in a storage cabinet shall not exceed 120 gallons. Section 79.201(8)3 . Storage Cabinets. Section 79 .201(8)3 is amended by adding new subsection (c) , as follows: Listed cabinets shall incorporate a self-closing device and equipped with a latching device. Section 79.203 . Liquid Storage Rooms. Section 79 .203 is amended by adding new subsection (e) , (f) and (g) as follows: (e) Ventilation. Liquid storage in such rooms shall be ventilated in accordance with Section 80. 301(m) . (f) Electrical. Electrical wiring and equipment shall be provided in accordance with the Electrical Code. (g) Explosion Control. Explosion control shall be in accordance with 79. 104(c) . Section 79.204. Liquid Storage Warehouses. Section 79 . 204 is amended by adding new subsections (e) , (f) and (g) as follows: (e) Ventilation. Liquid storage in such rooms shall be ventilated in accordance with Section 80. 301(m) . (f) Electrical. Electrical wiring and equipment shall be provided in accordance with the Electrical Code. (g) Explosion Control. Explosion control shall be in accordance with 79. 104(c) . Section 79. 406. Fencing and Maintenance. Section 79 . 406 is deleted and subsections (a) , (b) and (c) are added, as follows: Security and Maintenance (a) Fencing. Storage area shall be protected against tampering or trespassers by fencing or other control measures. (b) Protection from Vehicles. Guard posts or other means shall be provided to protect exterior storage tanks from vehicular damage. When guard posts are installed, the posts shall be installed in accordance with Section 80. 301 (w) . (c) Clearance from Combustibles. The area surrounding an exterior storage area or tank shall be kept clear of combustible materials and vegetation for a minimum distance of 30 feet. -12- A Section 79. 501 . ' Restricted Locations. Section 79.501 is amended by adding a last sentence as follows: Storage of flammable or combustible liquids in outside above-ground -tanks is prohibited in residential class occupancies, in apartment and hotel areas, in all mercantile, commercial business districts, and in other congested or heavily- populated areas. Section 79. 502 . Design and Construction of Tanks. Section 79.502 is amended by altering to read as follows, and adding subsection (b) as follows: Section 79. 502(a) . Tanks shall be designed and fabricated in accordance with Section 79. 105. (b) Before being placed in use, tanks and associated piping shall be tested for tightness. For pipe testing, see Section 79.708. Such tests shall be witnessed by the fire department and the tanks shall not be placed into service until approved by the chief. Section 79. 505. Supports Foundations and Anchorage. Section 79 . 505 is amended by deleting the second sentence in subsection (b) . Section 79. 605. Testing. Section 79 . 605 is amended by adding subsection (e) , as follows: (e) Deteriorated Tanks. A leaking or otherwise deteriorated tank shall be removed from the ground and shall not be repaired for return to service. Section 79. 802 . Section 79 . 802 is amended by adding subsection (f) as follows: (f) Work Stations. Vapors generated at work stations shall be confined to the area in which they are generated, and ventilated in accordance with the Mechanical Code. Section 79 . 903(a) . General. Section 79 .903(a) is amended by adding an exception as follows: Exception: Class I and Class II liquids may be dispensed from approved aboveground vaulted tanks into the fuel tanks of motor vehicles, watercraft or aircraft when installed and maintained, as required by the chief. Article 79, Division X is amended by revising the heading as follows: STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS IN FARMS, CONSTRUCTION PROJECTS AND OTHER REMOTE LOCATIONS. Section 79 . 1001 is amended by revising the first sentence as follows: This division applies to permanent and temporary storage of Class I and Class II liquids for private use on farms and rural areas and at construction sites, earth-moving projects, gravel pits, borrow pits or other remote locations approved by the chief. Section 79. 1007(e) is amended as follows: Class I and Class II liquids shall be stored and dispensed from tanks or approved vaults. Dispensing shall be by means of an approved pump taking suction through the top only. Class III liquids may be dispensed by gravity from elevated tanks. Section 79, . 1007(f) is amended by revising the first sentence as follows: First sentence - Tanks shall be skid-mounted or supported in accordance with Section 79 .505(b) . -13- Section 79. 1007(g)l is amended by adding a second sentence as follows: Tanks shall be individually supported. Supports for permanent installations shall be protected, in accordance with Section 79 .505(c) . Section 79. 1007(h) is amended by re-lettering to (i) and creating a new section (h) as follows: (h) Approved Vaulted Tanks. Approved aboveground vaulted tanks may be used for storage and dispensing of Class I and Class II liquids at remote locations when installed and maintained, as required by the chief. 1. Location. Vaulted tanks may be located at farms, construction sites, gravel pits, industrial occupancies, corporation yards or other remote locations, in areas where the approved installation of underground tanks is not feasible due to soil conditions, flood plain areas, high water table or environmentally-sensitive areas, upon approval of the chief. 2 . Capacity. Vaulted tanks shall not exceed 1,000 gallon capacity unless approved by the chief. 3 . Removal . The chief shall have the sole discretion to prohibit use of these installations based on the safety of the public . Removal of these units may be required at any time for violation of these requirements, any associated permit requirements or a change in conditions. Section 79. 1007(i) is amended by re-lettering to (j ) . Section 79. 1401. Scope. Section 79 . 1401 is amended by adding two paragraphs as follows: No new bulk plants shall be constructed within the limits established by law as the limits of the district in which such plants are prohibited. New bulk plants for flammable or combustible liquids are prohibited in residential class occupancies, in apartment and hotel areas, in all mercantile and commercial business districts and other congested or heavily populated areas. Section 79. 1503 . Location of Processing Vessel. Section 79. 1503 is amended by alteration to subsection (b) , to read as follows: (b) Interior Locations. The distances required by Table No. 79 . 1503 may be modified when the vessels are housed within a building and the exterior wall facing the line of adjoining property is a blank wall having a fire-resistance rating of not less than four hours. In no 'case shall the distance be less than that specified in Table No. 9-C of the Building Code. Class I-A, I-B or unstable liquids are involved, the blank wall shall have explosion resistance in accordance with good engineering practice. Section 79. 1506. Explosion Control . Section 79. 1506 is amended to read as follows: Section 79 . 1506. Areas where Class I-A, I-B or unstable liquids are processed shall have explosion control in accordance with Section 80.301(q) . Section 80. 103 . Permits. Section 80. 103 is amended by altering subsections (c) and (d) as follows: Section 80. 103 . (c) . Hazardous Materials Management Plan. When required by the chief, each applicant for a permit pursuant to this article shall include a Hazardous Materials Management Plan (HMMP) in accordance with Appendix II-E. Such plan shall be submitted on forms approved by the chief. -14- Section 80. 103 . (d) . Hazardous Materials Inventory Statement. When required by the chief, each application for a permit pursuant to this article shall include a Hazardous Materials Inventory Statement (HMIS) in accordance with Appendix II--E. Such . statement shall be submitted on forms approved by the chief. Section 80. 301 . General . Section 80. 301 is amended by altering subsections (b) . 5. , (d) , (p) , (q) , (u) and (v) as follows: Section 80.301 . (b) . 5. Underground Tanks. Underground tanks used for the storage of hazardous materials shall be installed in accordance with Sections 79. 601, 79. 602, and 79. 603 , 79. 604(b) and 79. 605. Venting, when. required, shall be in an approved manner. Secondary containment shall be provided for all new installations of underground tanks. Section 80. 301. (d) . Signage. In addition to the hazard identification signs required by Section 80. 104(e) , stationary aboveground tanks shall be placarded with hazard identification signs as specified in U.F.C. Standard No. 79-3 and/or D.O.T. identification numbers for the specific material contained as required by the chief. . . . . . (The remainder of the section to remain unchanged. ) Section 80.301(p) . Fire-extinguishing Systems. Unless exempted or otherwise provided for in Sections 80. 302 through 80.315, indoor storage areas and storage buildings shall be protected by an approved automatic sprinkler system. The design of the sprinkler system . . . (the remainder of the section to remain unchanged) . Section 80. 301(q) . Explosion Venting or Suppression. Unless exempted or otherwise provided for in Sections 80. 302 through 80. 315, indoor storage areas and storage buildings shall be provided with approved explosion venting, equivalent protective devices, suppression systems or barricades. The design shall be by competent persons and recognize the nature of the stored material and its likely behavior in an explosion. Areas which are provided with explosion venting shall comply with the following: (the remainder of the section to remain unchanged) . Section 80. 301(u) . Manual Alarm. A local fire alarm manual pull station and an approved emergency signal device shall be installed outside of each interior exit door of storage buildings, rooms or areas. Activation of the manual alarm shall sound a local alarm. Section 80. 301(v) . Supervision. When manual alarm, detection or automatic fire-extinguishing systems are required in Sections 80. 302 through 80.315, such systems shall be supervised by an approved central, proprietary or remote station service or shall initiate an audible and visual signal at a constantly attended on-site location. Section 80. 305. Flammable Solids. Section 80. 305 is amended by altering subsection (a) . 5 . as follows: Section 80. 305(a)5. Ventilation. Mechanical exhaust ventilation may be required. Section 80.306. Liquid and Solid Oxidizers. Section 80. 306 is amended by altering subsections (a) . 8. and (a) . 11 . as follows: Section 80. 306(a) .8. Explosion Venting or Suppression. Explosion venting or suppression shall not be required in storage areas for Class 1, Class 2 or Class 3 oxidizers. Section 80. 306(a) ll. Detection. EXCEPTION: A smoke- detection system need not be provided in detached storage buildings with an approved automatic fire-extinguishing system. -15- Section 80.307. Organic Peroxides. Section 80.307 is amended by deleting subsection (b) . 3 . Section 80.312 . Highly Toxic Solids and Liquids. Section 80. 312 is amended by altering the Section title and subsections (a) . 1 . , (a) .2 . , (a) .5. , (b) . 1 . , (b) .2 . , (c) and Table 80.312-A as follows: HIGHLY TOXIC AND TOXIC SOLIDS AND LIQUIDS Section 80. 312 . (a) . Indoor Storage. 1 . General . Indoor storage of highly toxic or toxic solids and liquids (balance to remain unchanged) . EXCEPTION: For retail display of nonflammable solids and nonflammable or noncombustible liquid highly toxic or toxic materials, see Section 80. 109 . Section 80.312 . (a) .2 . Exempt Amounts. When the exempt amount of highly toxic or toxic solids or liquids stored . . . (balance to remain unchanged) . TABLE 80. 312-A HIGHLY TOXIC OR TOXIC SOLIDS AND LIQUIDS EXEMPT AMOUNTS (1) CONDITION EXEMPT AMOUNT (Pounds) HIGHLY TOXIC TOXIC Unprotected by sprinklers 1 500 or cabinet Within cabinet in unsprinklered 2- building building In sprinklered building, not in 2 1, 000 cabinet In sprinklered building, within 4 2,000 cabinet 1 . For highly toxic or toxic liquids, a conversion of 10 pounds per gallon shall be used. Section 80. 312 . (a) . 5 . Explosion Venting or Suppression. Explosion venting or suppression shall not be required for the indoor storage of highly toxic or toxic solids or liquids. Section 80. 312 . (b) . 1 . Exterior Storage. 1. General . Exterior storage of highly toxic or toxic solids and liquids . . . (Balance to remain unchanged) . Section 80.312 . (c) . Breathing Apparatus. Where highly toxic or toxic solids or liquids . . . (Balance to remain unchanged) . Section 80.401 . General . Section 80. 401 is amended by altering subsections (b) . 6. , (d) , (h) , (k) . 3 . and (n) .2 . as follows: Section 80.401 . (b) . 6. Underground Tanks. Underground tanks containing hazardous materials shall be installed in accordance with Sections 79. 601, and 79. 602, 79 . 603 , 79. 604(b) and 79 . 605 . Venting, when required, shall be in an approved manner. Secondary containment shall be provided for all new underground tanks. Section 80. 401 . (d) . Equipment. Equipment, machinery and processes utilized for dispensing, use or handling of hazardous materials shall be approved for the intended use. . . . . (The remainder of the section to remain unchanged) . Section 80.401 . (h) . Ignition Source Control. Smoking shall not be permitted in any room or area where hazardous materials are dispensed or used in open systems or within 25 feet of outdoor dispensing areas. -16- Open-flame and other heat-producing equipment shall be located a safe distance from areas where temperature-sensitive materials, flammable materials and compressed gases are dispensed, used or handled. The use of open flames or high-temperature devices in a manner which creates a hazardous condition shall not be permitted. EXCEPTION: Energy-consuming equipment listed for use with the hazardous material being dispensed, used or handled. Section 80. 401. (k) . 3 . Pressure. Stationary tanks or equipment containing materials which. may generate pressures exceeding the tank or equipment design limits due to exposure fires or internal reaction- shall be equipped with pressure-limiting or relief devices. Relief devices for stationary tanks or equipment for highly toxic, toxic or corrosive materials shall vent to an exhaust scrubber or treatment system for processing of vapors or gases. Relief devices for flammable or explosive vapors or gases shall vent to an approved location. Section 80. 401. (n) .2 . Stationary containers and tanks shall be placarded with hazard identification signs as specified in U.F.C. Standard No. 79-3 and/or D.O.T. identification numbers for the specific material contained as required by the chief. Section 80.402 . Dispensing and Use. Section 80. 402 is amended by altering subsections (b) .2 .A. and (b) . 3 .A. as follows: Section 80. 402 . (b) .2 .A. Dispensing. When liquids having a hazard ranking of 3 or 4 in accordance with U.F.C. Standard No. 79-3 are dispensed from tanks or drums, dispensing shall be only by approved pumps taking suction from the top. When original shipping containers of liquids having a hazard ranking of 3 or 4 in accordance with U. F.C. Standard 79-3 are used for dispensing into smaller containers, the original container shall be stored in an approved hazardous materials storage cabinet or room when not in use. Section 80. 402 . (b) . 3 .A. Use. Systems shall be suitable for the use intended and shall be designed by persons competent in such design and approved by the chief. Where nationally recognized good practices. . . . . . (The remainder of the section to remain unchanged) . Table 80-402-A. EXEMPT AMOUNTS OF HAZARDOUS MATERIALS PRESENTING A PHYSICAL HAZARD. TABLE 80. 402-A is amended by eliminating reference to footnote 3 under the heading of MATERIAL for Flammable liquids and Combustible liquids as follows: MATERIAL 1 . 1 Combustible 3 . 3 Flammable liquid Table 80. 402-B. EXEMPT AMOUNTS OF HAZARDOUS MATERIALS PRESENTING A HEALTH HAZARD MAXIMUM QUANTITIES PER CONTROL AREA. Table 80. 402-B is amended by altering as follows: Table 80. 402-B add the following: Closed Systems Open Systems Solid Liquid Gas Solid Liquid Gas Material Lbs. Gal . (Lbs) Cu.Ft. Lbs. Gal . (Lbs) Cu. Ft. Toxic 500 (500) 20 125 ( 125) 0 Section 82 . 104. Location of Containers. Section 82 . 104 is amended by adding a second paragraph to subsection (b) , as follows: -17- r: 1 (b) Bulk storage of liquified petroleum gas is restricted in residential class occupancies, in apartment and hotel areas, in all mercantile and commercial business districts and other congested or heavily populated areas. Section 82 . 105. Prohibited Use of Liquified Petroleum Gas. Section 82 . 105 is amended by adding subsection (c) , as follows: (c) Liquified Petroleum Gas containers shall not be stored or used inside of any tent or air-supported structure or occupancy unless approved by the chief. Section 86. 101. Scope. Section 86. 101, 1989 Supplement, is amended by altering Exception 1. as follows: 86. 101 EXCEPTIONS: 1 ..' Highly toxic and toxic pesticides, see Article 80. Section 87. 104. Alteration of Buildings. Section 87 . 104 is amended by altering subsection (a) as follows: Alterations of buildings, including tenant improvement work, shall be in accordance with the Building Code, applicable provisions of Section 87. 103 and this section. ARTICLE 88 FIRE HAZARD ABATEMENT Article 88 is added in its entirety, as follows: Section 88. 101 . Delegation of Power. a. This Board as the supervising, legislative and executive authority of this jurisdiction hereby delegates to the Board of Fire Commissioners of this jurisdiction all its powers, duties, and rights to act pursuant to Part 5 (commencing with Section 14875) , Division 12, of the Health and Safety Code, to clear or order the clearing of land or remove or order the removal of dry grass, stubble, brush, 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 1987, the terms "Board of Supervisors" or "Board" when used in Part 5, shall mean the Board of Fire Commissioners of this jurisdiction under this article; and the officers designated in Section 14890 of Part 5 shall mean the employees of this jurisdiction by the Board of Fire Commissioners of this jurisdiction. b. If no Board of Fire Commissioners has been appointed for the jurisdiction then this Board shall retain all its powers, duties and rights to act pursuant to said Part 5. C. This Board of Supervisors reserves and retains the power to award a contract for such fire hazard abatement work where the employees - of this jurisdiction are not used to perform such abatement work. Section 88. 102. Definitions. As used in this article: a. "Weed", as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 1 . Weeds which bear seeds of a downy or wingy nature. 2 . Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. 3 . Weeds which are otherwise noxious or dangerous. -18- l 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 materials which -endanger -the public safety by creating a fire hazard. b. "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. C. "Streets" includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs. d. "Person" includes individuals, firms, partnerships and corporations. e. "Cost of Abatement" shall include all expenses incurred by the jurisdiction in its work of abatement undertaken pursuant of Article 88 of this ordinance. Section 88. 103 . Weed and Rubbish a Public Nuisance. This Board hereby declares that all weeds growing upon private property of 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. Section 88. 104. Weeds and Rubbish to be- Destroyed or Removed. It shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in this jurisdiction to cause or permit any weeds, or to place, cause or permit any rubbish to be or remain on any real property in this jurisdiction or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within this jurisdiction is unlawful unless the written permission of the chief of this jurisdiction is first obtained, and all other applicable permits are obtained from appropriate governing jurisdictions. Section 88. 105 . Abatement Procedures. a. The chief of this jurisdiction may order the abatement of the weeds and rubbish described in Section 88. 104. On making the order, the chief of this jurisdiction shall mail a copy of a notice to the owner of the affected property as he and his address appear upon the current and/or last County equalized assessment roll or as his 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 10 days prior to the date of the abatement hearing. Copies of the notice shall be headed with the words "Notice to Abate Weeds and Rubbish" in letters at least one inch high. The notice shall be in substantially the following form: NOTICE TO ABATE WEEDS AND RUBBISH You are hereby notified that weed and rubbish constitute 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 weeds and rubbish within fifteen days from the date of this notice. If you fail to do so, it will be removed by the (name of jurisdiction) and the cost of removal will be collected like property taxes and will be a lien on your property until paid. You are hereby further notified that the Board of Supervisors of Contra Costa County has declared that such weeds and rubbish -19- constitute a public nuisance and that such weeds also constitute a seasonal and recurring nuisance. You may appear before the Board of Fire Commissioners of this jurisdiction on (time and date) at (place - room, street, address, city) to show cause why this order should not be enforced. (Signed) : (Name of chief and name of jurisdiction) b. A date for hearing on the notice shall be set at least ten ( 10) 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 hearing the property owner or his agent may appear to show cause why the order shall not be enforced. For good cause shown, the Board of Fire Commissioners may extend the time for compliance with the order or may rescind the order. C . If the owner fails to comply with the order, the chief of this jurisdiction may have the weeds and rubbish abated, either by employees of this jurisdiction or by contract. If a contract is awarded, at least three bids shall be solicited and the contract shall be awarded to the lowest responsible bidder. A contract may include work on more than one parcel . d. The chief 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 Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, 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 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 Fire Commissioners 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 Fire Commissioners may make such modifications in the report as it deems necessary, after which by order of resolution, the report shall be confirmed. The amounts of the cost for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. Such lien attached 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. e. Upon confirmation of the report of cost by the Board of Fire Commissioners of this jurisdiction and the recordation of the Resolution of Confirmation by the chief, 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 of land as they appear on the current assessment roll . The tax collector shall include the amount of the assessments on bills for taxes levied 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. Section 88. 106. Firebreaks. In lieu of ordering abatement as provided in Section 88. 105, the chief of this jurisdiction may order the preparation of firebreaks around parcels- of property when combustible weeds, crops, or brush are present. In determining the proper width for firebreaks, he shall consider the height of the growth, weather -20-. conditions, topography, and the accessibility to the property of fire protection equipment. The procedure set forth in Section 88. 105 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks. Section 88.107 . Peat Fire, Penalties Therefor. a. It is the duty, of each person, firm, corporation or association not to permit a peat fire in or a fire involving combustible vegetable materials under the surface of the natural ground to remain upon his property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish and subsurface fire involving peat or vegetable material at his own cost and expense. b. If there exists upon the lands of any person as herein defined a subsurface fire involving the burning or combustion of peat or vegetable matter and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish such fire or combustion, this jurisdiction may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the fire department in fighting the fire and for the cost of providing rescue or emergency medical services shall a be charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See, Health & Safety Code §13009. ) SECTION IV. Repealed Ordinances. The following numbered ordinances previously adopted by this Board of Supervisors of the County of Contra Costa are hereby repealed: 86-67 , 86-68, 86-69, 86-70, 86-71, 86-72 , 86-73 , 86-74, 86-75, 86-76, 86-77. SECTION V. Effective Date. This ordinance shall become effective 30 days after passage, and within 15 days of passage, shall be published once with the names of Supervisors voting for and against it in the "Contra Costa Times" , a newspaper published in the County. -21- I PASSED and ADOPTED on October 31, 1989 by the following vote: Chairperson of the Board By: S pervisor upervisor. Supervisor (ABSENT) ROBERT I . SCHRODER Supervisor (SEAL) -22-