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SD.9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: December 19, 1995 MATTER OF RECORD
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The Board considered the proposed ratification of the San
Ramon Valley Fire Protection District Ordinance No. 15 as modified
per attached resolution.
It was noted that a letter dated December 19, 1995, had been
received from William D. Ross, the Fire District's Counsel,
referencing the Districts enforcement powers under the provision
of the Fire Protection District Act of 1987 (Health & Safety Code
Section 13800, et seq. ) .
Discussion on the proposed resolution was directed to Section
6B �on residential fire sprinkler systems. Chief W. Luihn of the
San Ramon Valley Fire Protection District spoke in support of the
change in the minimum square foot requirement for the installation
of fire sprinklers to be 5, 000 square feet.
. This position was also supported by Ford Hartzfield, Fire
Marshall of the District. He advised that the San Ramon City
Council ratified Ordinance No. 15 at its meeting last night and
that it was anticipated that the City of Danville would also.
Frank Lew, Director, Building Inspection Department, advised
that the County Building Code will have an amendment that will
require sprinklers for buildings exceeding 12 , 000 square feet.
Mr. Lew called attention to the fact that the California Building
Code (CBC) , which is based on the Uniform Building Code, allows
24, 000 square feet without sprinklers, and up to 48, 000 square
feet when there are adequate side yards. He spoke on the need for
uniformity throughout the County and called attention to the fact
that the Contra Costa County Fire Protection District's
forthcoming ordinance adopting the Fire Code will not include any
building standard amendments.
Supervisor Bishop moved that the Board ratify Ordinance No.
15 of the San Ramon Valley Fire Protection District without
Modification No. 6. The motion died for lack of a second.
Supervisor Rogers moved that the Board approve the staff
recommendation with the understanding that the Board is not
prejudging the issue of the 5, 000 square feet and the 12, 000
square feet installation requirement for sprinklers.
The motion was seconded by Supervisor Smith.
Supervisor Bishop advised that she could not support the
motion knowing that the City of San Ramon has approved the
ordinance without modification.
The Board then proceeded to adopt Resolution No. 95/634
(attached) .
l SD. 9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 19 , 1995 by the following vote :
AYES : Supervisors Rogers , Smith, DeSaulnier
NOES : Supervisor Bishop
ABSENT: :Supervisor Torlakson
ABSTAIN: None
SUBJECT: Ratification of Modified ) 634
San Ramon Valley Fire ) Resolution No. 95/
Protection District Ordinance )
No. 15 )
The Board of Supervisors of Contra Costa County Resolves :
The San Ramon Valley Fire Protection District has requested that
the Board of Supervisors consider and take action concerning the
application of its Ordinance No. 15 within the unincorporated portions of
Contra Costa County contained within that district . After consideration of
the proposed Ordinance No. 15 and county staff reports and comments
provided thereon, this Board hereby takes action, finds, modifies,
clarifies, and ratifies Ordinance No. 15 as follows :
1 . §103 . 3 . 2 . 5 . Review of certain plans . (Modified) . This
section as modified does not mandate the performance or non-performance of
any act by the county and its planning agency, officers and employees but
county staffs are 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.
2 . §103 . 3 . 2 . 7 . Authority to require exposure or to stop work.
(Modified) . This section as modified 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 §103 . 3 . 2 . 5 above .
3 . §901 . 2 . 2 . 3 . Street Names and Addressing (Modified) . Same
as §103 . 3 . 2 . 5 above except that the County fully retains its authority
pursuant to law to determine unincorporated area street names and
addresses .
4 . §902 . 2 . 1 . Required Access (Modified) . 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 .
5 . §§903 . 3 , 903 . 3 . 1 , 903 . 3 . 1 . 1 . (Modified) . Same at §902 . 2 . 1
above .
6 . §§1003 . 2 , 1003 . 3 . 1, Table 1003A. (Modified) .
A. The introductory sentence of §1003 . 2 is modified, to clarify
its scope, to read:
"To the extent allowed by Health and Safety
Code sections 13143 and 13869 . 7, Section
1003 . 2 is amended by altering section
1003 . 2 . 1 and adding, following §1003 . 2 . 8 ,
subsections 1003 . 2 . 9 through 1003 . 2 . 14,
including those exceptions and additional
subsections as follows : "
RESOLUTION NO. 95/634
1
7.
B. Residential Fire Sprinkler systems,. In the case of any
conflict between the provisions of any county regulations (now in force or
as hereafter adopted) concerning or involving the installation of
residential fire sprinkler systems and District Ordinance No. 15' s section
1003 . 2, the county' s regulations shall prevail . This modification retains
the county' s ability to require uniform regulations on this subject in the
unincorporated area .
C. Declaration of county occupation. By this modification,
should the county in any subsequent enactments in areas involving building
codes and/or fire extinguishing systems requirements declare that those
county enacted requirements are to prevail over and to the exclusion of any
similar District Ordinance No. 15 regulations, the county regulations shall
occupy regulation of the involved area (s) and any provisions of Ordinance
No. 15 involving the same area (s) will be of no further force and effect in
the unincorporated area.
7 . §8001 . 1 . 1 . 1 . Coordinated Enforcement (Modified) . This
section is modified to clarify that the district has no legal authority to
prescribe the governmental discretion and actions of the county and its
officers and employees.
8 . §8001 . 1 .4 . "Existingconditions in buildings" (Modified) .
This section is modified to clarify as in §8001 . 1 .1 above .
9 . §8001 .3 .2 . "Hazardous materials management plan"
(Modified) . This section is modified to clarify that "hazardous material
management plans" include County Health Services business plans .
10 . Appendix II E, section 1 . scope . (Modified) . Same as
§8001 . 3 .2 above .
11 . Section 14 . "More restrictive recruirements" (Modified) .
This section 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 .
Modified Ordinance Ratification. Ordinance No. 15 only as
hereinabove modified is hereby ratified. In taking this action, the Board
has not reviewed and passed upon any "Findings of Need" which 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.
Board Clerk Duties . The Clerk of this Board (pursuant to Health
and Safety Code §13869 . 7) shall within 15 days of the adoption of this
resolution <provide a copy of it to the San Ramon Valley Fire Protection
District . In addition, the Clerk shall file copies of any district
provided adopted findings and Ordinance No. 15 expressly marked and
identified to which each finding refers (together with a copy of this
resolution) with the California State Department of Housing and Community
Development .
Orig. Dept: County Counsel I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
cc: County Administrator Boarli of Supe visors on the date shown. q _
Building Inspection ATTESTED:�c.(�t� / % , / f/ J .
Community Development PHIL BATCHELOR,Clerk of the 3oaro
GMEDA of Supervisors and County Administrator
*San Ramon Valley Fire Protection District ��QQ �
by __..� .5 .. -�,Deputy
*via County Administrator
djs-4\a:srv-res.ord
RESOLUTION NO. 95/634
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ORDINANCE #15
AN ORDINANCE OF THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT OF
CONTRA COSTA COUNTY, CALIFORNIA, ADOPTING, BY REFERENCE (WITH CERTAIN
AMENDMENTS), THE UNIFORM FIRE CODE, 1994 EDITION, AND UNIFORM FIRE CODE
STANDARDS, 1994 EDITION, PRESCRIBING REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION, AND
ESTABLISHING . A DIVISION . OF FIRE PREVENTION AND PROVIDING OFFICERS
THEREFORE AND DEFINING THEIR POWERS AND DUTIES.
THE BOARD OF DIRECTORS, AS THE GOVERNING BODY OF THE SAN RAMON VALLEY
FIRE PROTECTION DISTRICT DOES ORDAIN AS FOLLOWS:
SECTION 1. ADOPTION OF UNIFORM FIRE CODE.
1.1 It is hereby adopted by the Board of Directors of the San Ramon Valley Fire Protection
District for the purpose of prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain Code and Standards known as the Uniform Fire Code
and Uniform' Fire Code Standards published by the International Fire Code Institute, being
particularly the 1994 edition thereof and the whole thereof (including appendices I-A, I-B, I-C, II-A,
II-B, II-C, II-D, II-E, II-F, II-G, II-H, II-I, III-A, III-B, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-
C, VI-D, VI-E, VI-F, VI-G), save and except such portions as are hereunder deleted, modified or
amended by SECTION 8 of this Ordinance, of which Code and Uniform Fire Code Standards not
less than three (3) copies each have been and are now filed in the main office of the San Ramon
Valley Fire Protection District, 1500 Bollinger Canyon Road, San Ramon, CA 94583, for use and
examination by the public; one copy shall also be provided to each ratifying agency. Said Code is
adopted by reference pursuant to Section 50022, et seq., of the Government Code of the State of
California, and the same is hereby adopted and incorporated as fully as if set out at length herein and
..from .the date on which this Ordinance shall take effect, the provisions thereof shall be controlling
within the limits of the San Ramon Valley Fire Protection District.
SECTION 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION DIVISION.
2.1 The Uniform Fire Code as adopted and amended herein shall be enforced by the Fire
Prevention Division in the San Ramon Valley Fire Protection District which is hereby established
and which shall be operated under the supervision of the chief of the Fire District.
2.2 The Fire Marshal in charge of the Fire Prevention Division shall be appointed by the
Chief of the Fire District on the basis of examination to determine his or her qualifications.
2.3 The Chief of the Fire District shall recommend to the Board of Directors the employment
of technical inspectors, who, when such authorization is made, shall be selected through an
examination to determine their fitness for the position.
SECTION 3. DEFINITIONS.
3.1 Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to
mean the San Ramon Valley Fire Protection District.
3.2 Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be
held to mean the Attorney for the San Ramon Valley Fire Protection District.
3.3 Wherever the term "Chief of the Division of Fire Prevention" is used, it shall be held to
mean "Fire Marshal".
SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND
TANKS IS TO BE PROHIBITED.
4.1 The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the Uniform Fire Code
in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are
hereby established as follows: Any area which is zoned for other than commercial, industrial, or
agricultural use.
4.2 The limits referred to in which new bulk plants for flammable or combustible liquids are
prohibited, are hereby established as follows: Any central business district, urban or suburban area
as defined by this Code.
SECTION 5. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED.
5.1 The limits referred to in Section 8204.2 of the Uniform Fire Code, in which bulk storage
of liquefied petroleum gas is restricted, are hereby established as follows: Any central business
district, urban area or suburban area as defined by this Code.
SECTION 6. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
EXPLOSIVES AND BLASTING AGENTS TO BE PROHIBITED.
6.1 The limits referred to in Section 7701.7.2 of the Uniform Fire Code, in which storage of
explosives and blasting agents is prohibited, are hereby established as follows: Any central business
district area as defined by this code, any area which is zoned for other than industrial or agricultural
use.
..SECTION 7. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE
OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED.
7.1 The limits referred to in Section 5204.5.2 of the Uniform Fire Code in which the storage
of compressed natural gas storage is prohibited, are hereby established as follows: Any area which
is zoned for other than commercial, industrial, or agricultural use.
SECTION 8. AMENDMENTS TO THE UNIFORM FIRE CODE.
8.1 The Uniform Fire Code and Uniform Fire Code Standards adopted by reference in
Section 1, shall be effective, and the amendments, additions and deletions set forth in this Section.
Article, Section, Division and Appendix numbers used are those of the Uniform Fire Code.
Sectidn 101.4. Supplemental Rules and Regulations. Section 101.4 the first paragraph is
amended as follows:
Section 101.4. Supplemental Rules and Regulations. The chief is authorized to render
interpretations of this code and to make and enforce rules and supplemental regulations in order to
carry out the application of its provisions. The Chief may be guided by the 1995 and 1996
Supplements to the Uniform Fire Code. Such interpretations, rules and regulations, and supplements
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shall be in conformance with the intent and purpose of this code and shall be available to the public
during normal business hours.
Section 101.10. Applicability. Section 101 is amended by adding Section 101.10 as
follows:
Section 101.10. Applicability. 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 103.1.2 Alternate materials and methods. Section 103.1.2 the first paragraph is
amended as follows:
Section 103.1.2 Alternate materials and methods. The chief is authorized to approve
alternate materials or methods provided that the chief finds that the proposed design, use or
operation satisfactorily complies with the intent of this code and that the method of work performed
or operation is, for the purpose intended, at least equivalent to that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety. Approvals under the authority herein
contained shall be subject to the approval of the building official whenever the alternate material or
method involves matters regulated by the Building Code.
Also: Number the second paragraph 103.1.2.1
Section 103.1.2.2 Requests for alternative means of protection. Section 103.1 is amended
to add a new Section 103.1.2.2 as follows:
Section 103.1.2.2 Requests for alternative means of protection. Requests for approval to
use an alternative material, assembly or materials, equipment, method of construction, method of
installation of equipment, or means of protection shall be made in writing to the fire district by the
owner or the owner's authorized representative and shall be accompanied by a full statement of the
conditions. Sufficient evidence or proof shall be submitted to substantiate any claim that may be
.made regarding its conformance. The fire district may require tests and the submission of a test
report from an approved testing organization to substantiate the equivalency of the proposed
alternative means of protection.
Approval of a request for use of an alternative material, assembly of materials, equipment,
method of construction, method of installation of equipment, or means of protection made pursuant
to these provisions shall be limited to the particular case covered by request and shall not be
construed as establishing any precedent for any future request.
Section 103.1.4. Appeals. Section 103.1.4 is amended in its entirety to read as follows:
Section 103.1.4. Board of appeals. In order to determine the suitability of alternate
materials and types of construction and to provide for reasonable interpretations, exceptions, or
variations 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 Directors. The Board shall adopt
reasonable rules and 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.
Section 103.2.1.2. Fire prevention division personnel and police. Section 103.2.1.2 is
amended to substitute the first paragraph with items a and b, and renumber the second paragraph as
item c to read as follows:
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(a) The Chief and his designated representative shall have the powers of peace officers while
engaged 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 4, Part 2, of the Penal Code.
(c) When requested to do so by the chief, the chief of police is authorized to assign such
available police officers as necessary to assist the fire district in enforcing the provisions of this
code.
Section 103.3.2. New construction and alterations. Section 103.3.2 is amended by
amending Section 103.3.2.2, and adding Section 103.3.2.5, 103.3.2.6 and 103.3.2.7 as follows:
103.3.2.2. Inspection requests. It shall be the duty of the person doing the work
authorized by the permit to notify the chief that such work is ready for inspection. The chief is
authorized to require that every request for inspection be filed not less than two working days (48
hours) before such inspection is desired. Such requests may be in writing or by telephone at the
option of the chief.
103.3.2.5. Review of certain plans. Whenever required by this Code, plans shall be
submitted to the Fire District for review and acceptance prior to construction. In addition to plan
submittals required by other sections of this Code, plans shall be submitted whenever any of the
following land developments and/or improvements are proposed:
1. Provision of a water supply for fire protection;
2. Provision of access for fire apparatus (as required by Section 902);
3. An occupancy for the storage, handling or use.of any hazardous-substance, hazardous
material process or hazardous device.
4. Subdivision of land.
5. Construction, alteration, or renovation of a building for which a building,permit is
required.
6. Demolition of a building.
Section 103.3.2.6. Fee for plan review, inspection, permits. The Board of Directors
may, by resolution, establish a schedule of non-discriminatory fees to be charged and collected for
plans submitted under 103.3.2.5, solely to defray the Fire District's reasonable costs for plan review
of fire protection equipment and systems, requested or required inspection services, and issuance of
permits. Three copies of this fee schedule shall be on file in the Main Office of the San Ramon
Valley Fire Protection District for use and examination by the public.
Section 103.3.2.7. Authority to require exposure or to stop work. Whenever any
installation of Fire Protection devices covered by this Code is concealed without first having been
inspected, tffe Fire Chief may require, by written notice, that such work shall be exposed for
inspection. The work of exposing and recovering shall not entail any expense to the public entity.
Whenever any construction or installation work being performed in violation of the plans and
specifications as approved, a written notice shall be issued to the responsible party to stop work on
that portion of the work which is in violation. The notice shall state the nature of the violation, and
no work shall be done on that portion until the violation has been corrected.
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Section 103.4.3.1. Compliance with orders and notices. Section 103.4.3.1 is amended in
its entirety to read as follows:
Section 103.4.3.1. Compliance with orders and notices. 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 State of California Health and Safety
Code and is not intended to create a different or separate penalty.
Section 105.8. Permit Required. Section 105.8 is amended by adding or altering the
following activities:
c.10. Christmas tree sales. 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, Section 2501,
and Article 11, Section 1103 for Combustible materials.
1.1. Liquefied petroleum gases. Is amended to add item 3 as follows: To store, use or
handle liquefied petroleum gas inside buildings. See Article 82.
Section 202-A is amended as follows:
Administrator shall mean the Chief of the San Ramon Valley Fire Protection District.
Section 203-B is amended by adding as follows:
Board of Directors shall mean the governing body of the San Ramon Valley Fire Protection
District.
Section 204-C is amended by adding as follows:
Corporation Counsel shall mean the Attorney for the San Ramon Valley Fire Protection
District.
Central Business District is a downtown area of a city or business parks having a cluster of
buildings generally 4 or more stories in height.
Section 205-D is amended by adding as follows:
District Board shall mean the Board of Directors of the San Ramon Valley Fire Protection
District.
Section 207-F is amended by adding as follows:
Firebreak means 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.
Firetrail means a graded firebreak 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.
Fuelbreak means a wide strip or block of land on which the vegetation has been permanently
modified to a low volume fuel type so that fires burning into it can be more readily controlled.
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Section 219-R is amended by adding as follows:
Rural Residential Area is that area generally designated for single family residential use
with parcels between 3 and 10 acres in size.
Rural Area is that area generally designated for agricultural or open space uses with parcels
over 10 acres in size.
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 220-S is amended by adding as follows:
Suburban area is that area generally designated for single family residential use with
residential and non-residential uses generally less than 3 stories in height, and parcels up to 3 acres
in size.
Spray booth is a mechanically ventilated appliance of varying dimensions and construction
provided to enclose or accommodate a spraying operation and to confine and limit the escape or
spray vapor and residue and to exhaust it safely.
Section 222-U is amended by adding as follows:
Urban area is a commercial or residential area having clusters of buildings generally 1 to 3
stories in height including primarily commercial areas of cities and clusters of apartment buildings or
condominiums, and commercial corridors along major arterials.
Section 901.2.2.3. Street Names and Addressing. Section 901.2.2 is amended by adding
Section 901.2.2.3 to read as follows:
All new street names and addressing shall be submitted for review and approval to the
Administrative Mapping Division of the Fire District; such approval not to be unreasonably
withheld.
Section 902. Fire Department Access. Section 902 is amended as follows:
Section 902.2.1. Required Access. Section 902.2.1 is amended by adding the following
language to the end of Exception #3:
Exception 3: The decision to modify, and the extent of any such modification shall be in
accordance with the minimum standards established by the chief.
Section 902.2.1. Required Access. Section 902.2.1 is further amended by adding the
following language to the end of paragraph number two:
The minimum number of access roads serving residential development(s) shall be based upon
the number of dwelling units served and shall be 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 902.2.2. Specifications. Section 902.2.2 is amended by adding a subsection 7 to
read as follows:
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' `... Yom." _
Section 902.2.2.7. Gates and Barriers . When approved, gates and barriers may be
installed across or over fire department accessways. These installations shall meet the standards
approved by the chief and the design shall be approved prior to installation.
Section 902.4. Key Boxes. Section 902.4 is amended by adding the following sentence to
the end of the paragraph:
If the keying system is changed or added to, the responsible party shall notify the Fire
District and the keys located within the key box shall be updated.
Section 902.5. Access to Open Spaces. When access to open land/space or fire trail
systems maintained for public or private use is obstructed by new development of any kind, the
developer shall provide alternate acceptable access into the area(s), as approved by the fire district,
for fire personnel and apparatus.
Section 903.3. Type of Water Supply. Section 903.3 is amended by adding a preface
sentence to read as follows:
The type of water supply provided shall meet the standards approved by the chief.
Section 903.3. Type of Water Supply. Section 903.3 is amended by adding a sub section
1 to read as follows:
Section 903.3.1. Suburban and Rural Water Supply In areas where public or private fire
mains are not available for the provision of the required fire flow, the Chief may develop a standard
which requires a water supply for fire fighting be provided. In developing this standard, the chief
may be guided by NFPA # 1231, 1993 Edition ( Standard on Water Supplies for Suburban and
Rural Fire Fighting); NFPA #299, 1991 Edition (Protection of Life and Property from Wildfire);
and Appendix IIIb of this document (Uniform Fire Code ,1994 Edition).
Section 903.3.1.1. Storage of Suburban and Rural Water Supplies In calculating the
water supply available to meet the minimum fire flow required in section 903.3.1 of this code,
swimming pools, ponds, and underground cisterns which would require a drafting operation shall not
be considered as a primary water source.
Section 903.4.3 Protection, marking and obstruction hydrants. Section 903.4.3 is amended
in its entirety to read as follows:
Section 903.4.3 Protection, marking and obstruction of hydrants. Fire hydrants subject to
possible vehicular damage shall be adequately protected with guard posts in accordance with Section
8001.9.3. For marking, see Section 901.4.3. For obstruction, see Section 1001.7.
Section 1003.2. Required installations. Section 1003.2 is amended by altering Section
1003.2.1 and by adding, following Subsection 1003.2.8, Subsections 1003.2.9 through 1003.2.14
including those exceptions and additional subsection as follows:
Section 1003.2.1. General. Section 1003.2.1 is amended to read as follows:
Section 1003.2.1. General. An automatic fire extinguishing system shall be installed in
the occupancies and locations as set forth in Section 1003.2. In addition, an automatic fire
extinguishing system shall be required in those occupancies in the type construction which exceed the
ss uare footages listed in Table 1003 A in this Ordinance.
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Section 1003.2.8. R-1 Occupancies. Section 1003.2.8 is amended by adding the
following to the last paragraph:
Those systems installed in R-1 Occupancies shall use residential or quick response heads in
the dwelling unit and guest room portions of the buildings and installations may be in accordance
with NFPA 13 or 13R when applicable.
Section 1003.2.9. Mitigation. In one or two family dwellings to mitigate problems with
access or water supply. The installation of a sprinkler system as mitigation shall be at the discretion
of the Fire District after reviewing the specific problems.
Section 1003.2.10. R-3 Occupancies. Those systems installed in R-3 Occupancies shall
be in accordance with NFPA 13 or 13D, and may use any materials approved for use in such
systems in accordance with their listings.
EXCEPTION: Systems which are required to mitigate other deficiencies shall be installed in
accordance with such additional requirements as may be deemed necessary by the Chief.
Section 1.003.2.11. Separation Walls. The floor area set forth in Table 1003A shall be
the total floor area of the building irrespective of area separation walls.
EXCEPTION: In Group R Division 3 Occupancies, the floor area of attached garages which
are separated from the dwelling area in accordance with Section 302.4, Exception #3 of the Uniform
Building Code, may be excluded from the total floor area of the building.
Section 1003.2.12. Buildings Three Stories in Height. An automatic sprinkler system
shall be installed in all occupancies regardless of type of construction if the building is three or more
stories or more than 35 feet in height measured from ground level to the highest point of the
building.
EXCEPTION: R-3 Occupancies(one and two family dwellings, most townhouses) need
not comply with Section 1003.2.12 above provided they do not exceed the square
.footage set forth in Table 1003 A.
Section 1003.2.13. Other Codes. An automatic sprinkler system shall be installed in all
other occupancies as may be required by the Uniform Building Code or the California Building
Code.
Section 1003.2.14. Existing Buildings. All changes of occupancy classification in
existing buildings shall comply with the requirements contained in Section 1003.2 and Table 1003 A.
Section 1003.2.14.1. Any addition to an existing building which causes the total square
footage to exceed the allowable floor areas requiring sprinklers as per Table 1003 A of this
Ordinance, then the entire building shall be sprinklered.
EXCEPTION #1: Should the total square footage exceed those specified in Table 1003A by
10% or less,'the building need not be sprinklered.
EXCEPTION #2: Unless already provided with an automatic fire extinguishing system,
Single family dwellings need not comply with Section 1003.2.14.1 above.
Section 1003.2.14.2. Existing buildings which do not conform to current Building Code or
Fire Code requirements may be required to install an automatic fire extinguishing system when
8 -
interior alterations or remodeling occurs, regardless of whether floor area is increased or the use is
changed. It shall be the responsibility of the Fire Marshal and the Building Official having
jurisdiction to evaluate the work being performed, noncomplying features, and determine if an
automatic fire extinguishing system shall be required. If mutual concurrence between the Building
Official and the Fire Marshal cannot be reached, such buildings will not be required to be
sprinklered.
EXCEPTION: Unless already provided with an automatic fire extinguishing system, Single
family dwellings need not comply with Section 1003.2.14.2 above.
Section 1003.3.1_ Sprinkler System Monitoring and Alarms. Section 1003.3 is
amended by changing the last paragraph to read as follows:
Water-flow alarm and valve monitoring trouble signals shall be distinctly different and shall
be automatically transmitted to a U.L. listed Central Station Service as defined by the current
National Fire Alarm Code or, when approved by the building official with the concurrence of the
chief, shall sound an audible signal at a constantly attended location. A constantly attended location
shall mean a location on site which is manned 24 hours a day by at least one alert adult who remains
awake; and does not have conflicting duties which may delay detection and reporting of an alarm.
TABLE 1003A Summary of Requirements is added in it's entirety on the following page:
- 9 -
Table 1003A
Summary of Requirements
TYPE OF CONSTRUCTION (U.B.C. 1994)
OCCUPANCY . I II III IV V
GROUP
A Div. 1 5,000 5,000 N.A. N.A. N.A.
* *A Div. 2 5,000 5,000 5,000 5,000 3,000
** A Div. 2.1 5,000 5,000 5,000 5,000 3,000
A Div. 3 5,000 5,000 5,000 5,000 3,000
A Div. 4 5,000 5,000 5,000 5,000 3,000
B Div. 5,000 5,000 5,000 5,000 3,000
E Div. 1 as required by California Building Code
E Div. 2 5,000 5,000 5,000 3,000 3,000
E Div. 3 5,000 5,000 5,000 5,000 3,000
F Div. 1 5,000 5,000 5,000 5,000 3,000
F Div. 2 5,000 5,000 5,000 5,000 3,000
H Div. 1 all
H Div. 2 all
H Div. 3 all
H Div. 4 3,000 3,000 , 3,000 3,000 3,000
H Div. 5 5,000 5,000 5,000 5,000 3,000
H Div. 6 all
H Div. 7 all
** I Div. 1 all
** I Div. 2 all
I Div. 3 all
M Div. 5,000 5,000 5,000 5,000 3,000
R Div. 1 5,000 5,000 5,000 5,000 5,000
R Div. 3 5,000 5,000 5,000 5,000 5,000
S Div. 1 5,000 5,000 5,000 5,000 3,000
S Div. 2 5,000 5,000 5,000 5,000 3,000
S Div. 3 5,000 5,000 5,000 5,000 3,000
** Not permitted in II N or III N Construction
- 10 -
Section 1006.2.4.1. General. Section 1006.2.4.1 is amended to read as follows:
Section 1006.2.4.1. General. Automatic Fire extinguishing systems shall be
interconnected to the fuel or current supply for cooking equipment. The interconnection shall
be arranged to automatically shut off all cooking equipment and electrical receptacles which
are located under the hood when the system is actuated.
Shutoff valves or switches shall be of a type that require manual operation to reset.
Section 1007.3.3.6.1. General. Section 1007.3.3.6.1 is amended in its entirety to
read as follows:
Section 1007.3.3.6.1. General All fire alarm systems shall be U.L. listed Central
Station Service systems as defined by the 1993 National Fire Alarm Code. When approved
by the chief, local alarms are permitted in:
1. Day Care Facilities.
2. Single Family Dwellings.
3. Residential Care Facilities Licensed by Community Care Licensing with an
occupant load of 6 or less.
4. Occupancies with a local fire alarm system which will give an audible and visible
signal at a constantly attended location. ,A constantly attended location shall mean a
location on site which is manned 24 hours a day by at least one alert adult who
remains awake; and does not have conflicting duties which may delay detection and
reporting of an alarm.
5. Other such occupancies for which the installation of a monitored system may be
impractical or inappropriate.
Section 1007.3.4.2. Certification. Section 1007.3.4.2 is amended in its entirety to
read as follows:
Section 1007.3.4.2. Certification. Fire alarm systems shall be U.L. Certificated and
Certificate of Completion and other documentation listed in section 1-7 of the 1993 National
Fire Alarm Code shall be provided for all new fire alarm system installations.
Section 1109.7. Sparks from Chimneys. Section 1109.7 is amended by deleting
the Exception.
Section 1213. Discharge, Dispersal and Refuge. Section 1.213 is amended by
adding a new subsection as follows:
1213.3. Exterior Exit Pathways. Exterior exit pathway surfaces shall be suitable for
pedestrian use in inclement weather and terminate at a public way as defined in the Building
Code.
Section 1302.3. False alarms. Section 1302.3 is amended by adding a last sentence
as follows:
A charge may be made for false alarms according to the adopted fee schedule of the San
Ramon Valley Fire Protection District.
- 11 -
Article 14 is added in it's entirety as follows:
ARTICLE 14 - EXTERIOR FIRE HAZARD CONTROL
1401 GENERAL.
1401.1 Delegation of Power.
1401.1.1 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 officers designated in Section §14890 of Part 5
shall mean the employees of this jurisdiction by the Board of Directors of this jurisdiction.
1401.1.2 Contract for Services. This Board of Directors 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.
1401.2 Definitions.
Weeds. 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 attains such large growth
as to become, when dry, a fire menace to adjacent improved property.
3. Weeds which are otherwise noxious or dangerous.
4. Poison oak and poison sumac 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.
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, hikhways, public right of ways, private roads, trails, easements, and fire trails.
Person. Includes individuals, firms, partnerships and corporations.
Cost of Abatement. Shall include all expenses incurred by the jurisdiction in its work of
abatement undertaken and administrative costs pursuant to Section 1401.5 of this Ordinance.
- 12 -
1401.3 Public Nuisance.
1401.3.1 Weeds and Rubbish. This Board hereby declares that all weeds growing 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.
1401.4 Abatement of Hazard.
1401.4.1 Weeds and Rubbish to be Destroyed or Removed.
1401.4.1.1 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 hazardous
weeds, trees, or other vegetation, which constitutes a fire hazard.
1401.4.1.2 Specific Requirements. The District shall develop minimum abatement
standards for land in residential, business, industrial areas, or land which is unused or vacant.
Such standards shall be approved by the Board of Directors and may be modified periodically
as circumstances dictate.
1401.4.1.3 Specific Requirements. The District shall develop minimum abatement
standards for land in rural or rural residential areas. Such standards shall be approved by the
Board of Directors and may be modified periodically as circumstances dictate.
1401.4.1.4 General Requirements. The District shall develop minimum abatement
standards which apply regardless of the area in which property is located. Such standards
shall be approved by the Board of Directors and may be modified periodically as circum-
stances dictate.
1401.5 Abatement Procedures.
1401.5.1 Abatement Order. The Chief of this jurisdiction may order the abatement of the
weeds and rubbish described in Section 1401.2. 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 last county equalized assessment roll as of January 1 of
each calendar year, 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 jurisdic-
tion, not less than fifteen (15) 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:
13 -
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 (15) days from the
date of this notice. If you fail to do so, it will be removed by the San Ramon Valley Fire
Protection District and the cost of 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 which 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 weeds and
rubbish constitute a public nuisance and that such weeds also constitute a seasonal and
recurring nuisance.
You may appear before the Board of Directors 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 of name of jurisdiction)
1401.5.2 Hearing Date. A date for hearing on the notice shall be sent at least fifteen (15)
days after the date of this 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 Directors may extend the time for
compliance with the order or may rescind the order.
1401.5.3 Contract Award. 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 publicly solicited and the
contract shall be awarded to the lowest responsible bidder. A contract may include work on
more than one parcel.
1401.5.4 Abatement Report of Costs_ The Fire 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 Directors 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 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. The amounts of the cost,
including administrative costs, for abating the nuisance in front of or upon the various parcels
14
of the land mentioned in the report as confirmed shall constitute special assessment against
the respective parcels of land, and are a lien on the property for the amount of the respective
assessments. 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 Confirma-
tion.
1401.5.5 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
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. 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 enforce-
ment of county taxes are applicable to these assessment taxes.
1401.6 Alternate Mitigations.
1401.6.1 Firebreaks/Fuel breaks. In lieu of ordering abatement as provided in Section
1401.5.1, the Chief of this jurisdiction may order the preparation of firebreaks/fuelbreaks
around parcels of property where combustible weeds, crops, or brush are present. In
determining the proper width for firebreaks/fuelbreaks, the Chief shall consider the height of
the growth, weather conditions, topography, and the accessibility to the property of fire
protection equipment. The procedure set forth in Section 1401.5.1 for the abatement of
weeds and rubbish shall also apply to the preparation of fi reb reaks/fue I breaks.
1401.7 Subsurface Fire, Penalties Therefor.
1401.7.1 Peat Fire. 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 any subsurface
fire involving peat or vegetable material at his own cost and expense.
1401.7.2 Fire Suppression Costs. 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 taker* reasonable precautions within a reasonable time
to extinguish or minimize 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 District in fighting the fire and for the cost of proving rescue or emergency medical
services shall be a charge against said person. The charge shall constitute a debt of that
person and is collectable by the Fire District incurring those costs in the same manner as in
the case of an obligation under a contract, express or implied. (See State of California
Health & Safety Code §13009)
Section 2501.1. Scope. Section 250 1.1 is amended to read as follows:
- 15 -
t
Section 2501.1. Scope. Places of assembly, including Group A Occupancies,
reviewing stands, grandstands, bleachers folded or telescoping seating, and outdoor carnivals
and fairs, shall be in accordance with Article 25.
Section 7902.1.7.1. General. Section 7902.1.7.1 is amended in it's entirety to read
as follows:
Section 7902.1.7.1. General. Tanks taken out of service as a result of a property's
being abandoned or its use being changed shall be removed in accordance with Section
7902.1.7.2.3.
Section 7902.1.7.2.2. Out of service 90 days. Section 7902.1.7.2.2 is amended to
read as follows:
Section 7902.1.7.2.2. Out of service up to 180 days. Underground tanks not used
for a period of up to 180 days shall be safeguarded in accordance with the following:
1. Flammable or combustible liquids shall be removed from the tank,
2. All piping, including fill line, gage opening, vapor return and pump connection, shall
be capped or plugged and secured from tampering, and
3. Vent lines shall remain open and be maintained in accordance with Sections
7902.1.10 and 7902.2.6.
Section 7902.1.7.2.3. Underground tanks out of service for one year. Section
7902.1.7.2.3 is amended to read as follows:
Section 7902.1.7.2.3. Underground tanks out of service for more than 180 days.
Underground tanks which have been out of service for a period greater than 180 days shall be
removed from the ground in accordance with Section 7902.1.7.4 and the site shall be restored
in an approved manner. Permit requirements with the Contra Costa County Health Services
Department, Environmental Division shall be complied with concurrently with the permit
requirements of the District.
Section 7902.1.7.2.4. Tanks abandoned in place. Section 7902.1.7.4 is deleted
in its entirety.
Section 7902.1.7.3.2 Out of service 90 days. Section 7902.1.7.3.2 is amended to
read as follows:
Section 7902.1.7.3.2. Out of service up to 180 days. Aboveground tanks not used
for a period of up to 180 days shall be safeguarded in accordance with Section 7902.1.7.2.2
or removed in accordance with Section 7902.1.7.4.
Section 7902.1.7.3.3. Aboveground tanks out of service one year. Section
7902.1.7.3.3 is amended to read as follows:
Secdon 7902.1.7.3.3. Aboveground tanks out of service for more than 180 days.
Aboveground tanks which have been out of service for a period greater than 180 days shall
be removed in accordance with Section 7902.1.7.4 and the site shall be restored in an
approved manner. Permit requirements with the Contra Costa County Health Services
Department, Environmental Division shall be complied with concurrently with the permit
requirements of the District.
- 16 -
Section 7902.1.8.2. Tanks. Section 7902.1.8.2 is amended by adding a new Section
7902.1.8.2.12, to read as follows:
Section 7902.1.8.2.12. Corrosion protection. Where subject to external corrosion,
aboveground tanks shall be fabricated from corrosive resistant materials, coated or provided
with corrosion protection.
Section 7902.1.13.3 Tanks above grade. Section 7902.1.13.3 is amended by
deleting the second sentence.
Section 8001.1.1. General. Section 8001.1.1 is amended by adding subsection
8001.1.1.1 as follows:
Section 8001.1.1.1 Coordinated Enforcement. Where Contra Costa County Health
Services Department is enforcing State Health & Safety Code and/or County regulation, the
District will coordinate efforts so as to not require duplication of time and resources to
comply with Hazardous Material regulations. Where Contra Costa County Health & Safety
regulations and Fire Code regulations conflict, the most restrictive provisions will prevail.
Exception: Where state or county regulations specifically limit local regulations to be
more restrictive.
Section 8001.1.4. Existing buildings. Section 8001.1.4 is amended to read as
follows:
Section 8001.1.4. Existing conditions and buildings. All existing conditions,
facilities, processes and/or buildings may be required to conform to the provisions of this
chapter when, in the opinion of the Chief, a distinct hazard to life and/or property exists.
See Section 102.
Section 8001.3.2. Hazardous materials management plan. Section 8001.3.2 is
amended by adding the following sentence at the end of the Section:
hazardous material management plans required by the Contra Costa County Health Services
Department may be accepted in leu of Appendix IIE.
Section 8003.3.3. Hazardous materials inventory statement. Section 8001.3.3 is
amended by adding the following sentence at the end of the Section:
hazardous material inventory statements required by the Contra Costa County Health Services
Department may be accepted in leu of Appendix IIE.
Section 8001.3.4. Emergency Response Support Information. Section 8001.3.4 is
added in it's entirety immediately following Section 8001.3.3 as follows:
Section 8001.3.4. Emergency Response Support Information. Additional informa-
tion may.be required to facilitate emergency response to facilities, buildings, areas and rooms
which contain hazardous materials. Cabinets may be required outside of facilities or
buildings to limit responders risk to obtain floor plans, Material Safety Data Sheets, and/or
other information. Information may be required in a specific electronic media formate to
facilitate computer aided dispatching.
- 17 -
`.Y
Section 8001.6. Material Safety Data Sheets. Section 8001.6 is amended by adding
the following sentence:
Binders with special indexing of the more dangerous hazardous materials may be
required to provide quick reference to Emergency Responders.
Section 8001.7. Identification Signs. Section 8001.7 is amended by adding the
following sentence:
Additional signs may be required to identify materials contained in control areas, storage
areas or rooms.
Section 8001.9.1.3. Documentation. Section 8001.9.1.3 is added in it's entirety
following Section 8001.9.1.2 as follows:
Section 8001.9.1.3. Documentation. Documentation of personnel training and
written procedures that comply with state and federal regulations will be accepted as
complying with this Code. Said documentation shall be maintained and available for
inspection by fire department personnel.
Section 8001.14. Regulations for Specific Hazardous Materials in Quantities not
Exceeding Exempt Amounts. Section 8001.14 is amended in it's entirety to read as
follows:
Section 8001.14. Regulations for Specific Hazardous Materials in Quantities not
Exceeding Exempt amounts or Minimum threshold quantities by Federal, State or
County regulations. When, in the opinion of the Chief, the quantity of a hazardous .
material does not limit its potential threat to life and/or property, requirements of Article 80
may be applied.
Section 8203.2.1.7. Use for food preparation. Section 8203.2.1.7 is amended by
adding the following:
Individual portable containers used, stored, or handled inside of buildings used for
ID
assembly or business for the purposes of cooking, display, or similar use shall be limited in
size to one quart capacity and shall be of an approved type. The number of portable
containers permitted will be at the discretion of the Fire Chief or his authorized representa-
tive.
APPENDIX IIE, SECTION 1. SCOPE. Section 1 is amended by adding the following
sentence: Hazardous Material Management Plans and Inventory Statements as required by
the Contra Costa County Health Services Department may be accepted in leu of this
Appendix.
SECTION 9. APPEALS.
9. Whenever the chief disapproves an application or refuses to grant a permit applied
for, or when it is claimed that the provisions of the code do not apply or that the true intent
and meaning of the code have been misconstrued or wrongly interpreted, the applicant may
appeal from the decision of the chief to the Board of Directors of the San Ramon Valley Fire
Protection District within 30 days from the date or the decision appealed.
- 18 -
_J
SECTION 10. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY
REQUIRE PERMITS.
10.1 The Board of Directors, the chief and the fire marshal shall act as a committee
to determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies for which permits are required in addition to those now
enumerated in the in the Uniform Fire Code. The fire marshal shall post such list in a
conspicuous place at the offices of the fire prevention division and distribute copies thereof to
interested persons.
SECTION 11. PENALTIES.
11.1 Any person who violates any of the provisions of the Uniform Fire Code as
adopted and amended herein or fails to comply therewith, or who violates or fails to comply
with any order made thereunder, or who builds in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who fails to comply with such an
order as affirmed or modified by the Board of Directors of the San Ramon Valley Fire
Protection District or by a court of competent jurisdiction, within the required time, shall
severally for each and every such violation and noncompliance, respectively, be guilty of a
misdemeanor, punishable by a fine of not less than $74.00 nor more than $1000.00 or by
imprisonment in the County jail for a period of time not to exceed one (1) year, or by both
such fine and imprisonment. 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 days that prohibited conditions are maintained shall constitute a separate offense.
11.2 The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
SECTION 12. REPEAL OF CONFLICTING ORDINANCES.
12.1 The following Ordinance previously adopted by the Board of Directors is hereby
repealed: Ordinance #14, San Ramon Valley Fire Protection District (Uniform Fire Code,
1991 Edition).
SECTION 13. VALIDITY.
13.1 The Board of Directors of the San Ramon Valley Fire Protection District hereby
declares that should any section, paragraph, sentence or word of this Ordinance or of the
Uniform Fire Code as adopted and amended herein be declared for any reason to be invalid,
it is the intent of the Board of Directors of the San Ramon Valley Fire Protection District that
it would have passed all other portions of this Ordinance independent of the elimination here
from of any such portion as may be declared invalid.
19 -
SECTION 14. MORE RESTRICTIVE REQUIREMENTS.
14.1 In the event that the City of San Ramon, the Town of Danville, or Contra Costa
County, adopt more restrictive requirements, or amend those provisions contained herein,
those more restrictive or amended requirements shall only apply within the jurisdiction
adopting such requirements.
SECTION 15. DATE OF EFFECT.
15.1 This Ordinance shall become effective on January 1, 1996 and within fifteen
(15) days of passage, shall be published once with the names of the Directors voting for and
against it, in the San Ramon Valley Times, a newspaper of general circulation in this Fire
District. Passed and Adopted on oct . 25 , 1995 , by the following Vote:
AYES: Morgan, Sylvia, Hirsch, Luihn, Sandy
NOES: None
ABSENT: None
'
ATTEST: da- f
dith K. Zanier, eecretary Ste hen P. Morgan, President
Board of Directors Board of Directors
Louis A. Sylvia, Vice-P ident
Board of Directors
Joseph L. Hirsch
� 1
Walt Luihn
Kenneth Sandy
- 20 -
RECEIVE®
DEC 211995
RD OF SUPERVIS
Diana P. Scott ROSS & Scott CLERK BOAORSCON Ral-10M92,
William D. Ross A Professional Corporation
Nellie R.Ancel 520 South Grand Avenue 425 Sherman Avenue,Suite 310
Carol B. Sherman* Suite 300 Palo Alto, California 94306
Diane C. DeFelice Los Angeles, California 90071-2610 Telephone: (415)617-5678
Christine A. Page* Telephone: (213)892-1592 Facsimile: (415) 617-5680
Facsimile: (213)892-1519
*Of Counsel
File No: 453
December 19, 1995
VIA TELECOPIER AND U.S. MAIL
Ms, Jean Maglio, Clerk
Contra Costa County Board of Supervisors
651 Pine Street, Suite 104
Martinez, California 94553
Re: December 19, 1995 Board of Supervisors Meeting; Agenda Item
SD.9 - Consideration of Adoption of Resolution Ratifying San
Ramon Valley Fire Protection District Ordinance No. 15
Dear. Ms. Maglio:
This communication is submitted on behalf of the San Ramon Valley Fire
Protection District ("District") for which this office serves as District Counsel.
Before the Board of Supervisors ('Board") of Contra Costa County ("County") at
their meeting of December 19, 1995 is a Board Resolution ratifying District Ordinance
No. 15 with respect to certain building standards applicable to fire and life safety
concerns.
The District wishes to indicate that although no conflict presently exists with
standards of the County and standards of the District, applicable to fire and life safety
development standards, there may exist factual situations in the future when such an
actual conflict or purported conflict may occur. The District has enforcement powers
under the provision of the Fire Protection District Act of 1987 (Health & Saf. Code
§ 13800, etse�C.) which may be applicable to such situations, which it retains and does
not waive by seeking approval of the referenced Board Resolution.
Ms. Jean Maglio, Clerk
December 19, 1995
Page 2
Please ensure that this communication is placed in the Board file with respect to
the ratification of Board Resolution for District Ordinance No. 15.
Very truly yours,
WJE b'
William D. Ross
WDR:dlh
cc: Mel E. Deardorff, Chief
San Ramon Valley Fire Protection District
The Honorable Walter Luihn, President
and Members of the Board of Directors
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Dace: November 15, 1995
To: BOARD OF SUPERVISORS
From: Victor J. Westman, County Counsel
By: Diana J. Silver, Deputy County PCo sel
ft: Proposed Ratification of San Ramon Valley Fire Protection
District Ordinance No. 15 as Modified
RECOMMENDATION:
It is recommended that the Board ratify the provisions of
San Ramon Valley Fire Protection District Ordinance No. 15 as
modified by adoption of the attached resolution together with any
further modifications the Board may wish to make concerning the
application of the ordinance .
BACKGROUND:
Since January 1, 1991 , whenever a fire district adopts
ordinance regulations, they 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)
On August 11, 1992 , the Board ratified a modified version
of San Ramon Valley Fire Protection District Ordinance No. 14 .
(Resolution No. 92/576) Then, as now in the attached proposed
Resolution, most of the modifications proposed by this office
concern the same issues as those involved in the 1992 adopted
modified ordinance : 1) the retention of discretion within the
unincorporated area of the county which is within the San Ramon
Valley Fire Protection District, 2) the limitation of fire
extinguishing systems requirements, including fire sprinklers, to-
that authority conferred by state law and to the extent such
requirements are adopted by the county and 3) retention of the
county' s authority to regulate when state adopted uniform building
and related codes are involved in order to achieve uniformity.
BOARD OF SUPERVISORS -2- November 15, 1995
As we stated to the Board in our 1992 memo concerning
adoption of San Ramon Valley Fire Protection District Ordinance No.
14 , the. Board may ratify the proposed Ordinance No. 15 as
presented, modify the ordinance (as recommended by this office) ,
modify the ordinance (if recommended by the Building Inspection
Director) or deny ratification of the ordinance . Until the Board
ratifies some version of the proposed ordinance, it will not be
effective in the unincorporated portions of San Ramon Valley Fire
Protection District .
DJS:bmw
CC : CAO
Building Inspection
GMEDA
San Ramon Valley Fire Protection District
djs-4\a:srv-ord.15
THE BOARD OF SUPERVISORS OF CONTRA COSTA. COUNTY, CALIFORNIA
Adopted this Order on by the following vote :
AYES :
NOES :
ABSENT:
ABSTAIN:
SUBJECT: Ratification of Modified )
San Ramon Valley Fire ) Resolution No. 95/
Protection District Ordinance )
No. 15 )
The Board of Supervisors of Contra Costa County Resolves:
The San Ramon Valley Fire Protection District has requested that
the Board of Supervisors consider and take action concerning the
application of its Ordinance No. 15 within the unincorporated portions of
Contra Costa County contained within that district . After consideration of
the proposed Ordinance No. 15 and county staff reports and comments
provided thereon, this Board hereby takes action, finds, modifies,
clarifies, and ratifies Ordinance No. 15 as follows :
1 . §103 . 3 . 2 . 5 . Review of certain plans . (Modified) . This
section as modified does not mandate the performance or non-performance of
any act by the county and its planning agency, officers and employees but
county staffs are 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.
2 . §103 . 3 . 2 . 7. Authority to reguire exposure or to stop work.
(Modified) . This section as modified 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 §103 . 3 . 2 . 5 above .
3 . §901 .2 . 2 . 3 . Street Names and Addressincr (Modified) . Same
as §103 . 3 . 2 . 5 above except that the County fully retains its authority
pursuant to law to determine unincorporated area street names and
addresses .
4 . §902 . 2 . 1 . Required Access (Modified) . 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 .
5 . 59903 .3 , 903 . 3 . 1 . 903 . 3 . 1 . 1 . (Modified) . Same at §902 . 2 . 1
above.
6 . 991003 .21 1003 . 3 . 1, Table 1003A. (Modified) .
A. The introductory sentence of §1003 . 2 is modified, to clarify
its scope, to read:
"To the extent allowed by Health and Safety
Code sections 13143 and 13869 . 7, Section
1003 .2 is amended by altering section
1003 . 2 . 1 and adding, following §1003 .2 . 8 ,
subsections 1003 .2 . 9 through 1003 .2 . 14 ,
including those exceptions and additional
subsections as follows : "
RESOLUTION NO. 95/
1
B. Residential Fire Sprinkler systems . In the case of any
conflict between the provisions of any county regulations (now in force or
as hereafter adopted) concerning or involving the installation of
residential fire sprinkler systems and District Ordinance No. 15' s section
1003 .2 , the county' s regulations shall prevail . This modification retains
the county' s ability to require uniform regulations on this subject in the
unincorporated area .
C. Declaration of county occupation. By this modification,
should the county in any subsequent enactments in areas involving building
codes and/or fire extinguishing systems requirements declare that those
county enacted requirements are to prevail over and to the exclusion of any
similar District Ordinance No. 15 regulations, the county regulations shall
occupy regulation of the involved area (s) and any provisions of Ordinance
No. 15 involving the same area (s) will be of no further force and effect in
the unincorporated area.
7. 98001 . 1 . 1 . 1 . Coordinated Enforcement (Modified) . This
section is modified to clarify that the district has no legal authority to
prescribe the governmental discretion and actions of the county and its
officers and employees.
8 . 58001 . 1 . 4 . "Existing conditions in buildings" (Modified) .
.This section is modified to clarify as in §8001 . 1 . 1 above .
9 . 58001 . 3 . 2 . "Hazardous materials manactement plan"
Modified) . This section is modified to clarify that "hazardous material
management plans" include County Health Services business plans .
10 . Appendix II E, section 1 . scope . (Modified) . Same as
§8001 . 3 .2 above .
11 . Section 14 . "More restrictive recruirements" (Modified) .
This section 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 .
Modified Ordinance Ratification. Ordinance No. 15 only as
hereinabove modified is hereby ratified. In taking this action, the Board
has not reviewed and passed upon any "Findings of Need" which 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.
Board Clerk Duties . The Clerk of this Board (pursuant to Health
and Safety Code §13869 . 7) shall within 15 days of the adoption of this
resolution provide a copy of it to the San Ramon Valley Fire Protection
District . In addition, the Clerk shall file copies of any district
provided adopted findings and Ordinance No. 15 expressly marked and
identified to which each finding refers (together with a copy of this
resolution) with the California State Department of Housing and Community
Development .
Orig. Dept: County Counsel
cc: County Administrator
Building Inspection
Community Development
GMEDA
*San Ramon Valley Fire Protection District
*via County Administrator
djs-4\a.srv-res.ord
RESOLUTION NO. 95/
2
RECEIVED
DEC 10 1995
CLERK BOARD OF SUPERVISORS
Diana P. Scott ROSS & Scott, CONTRA COSTA CO. P to Alto office:
William D. Ross A Professional Corporation
Nellie R.Ancel 520 South Grand Avenue 425 Sherman Avenue,Suite 310
Carol B.Sherman* Suite 300 Palo Alto, California 94306
Diane C. DeFelice Los Angeles, California 90071-2610 Telephone: (415)617-5678
Christine A. Page* Telephone: (213)892-1592 Facsimile: (415) 617-5680
Facsimile: (213)892-1519
*Of Counsel
File No: 453
December 11, 1995
VIA TELECOPIER AND U.S. MAIL
Ms. Jean Maglio, Clerk
Contra Costa County Board of Supervisors
651 Pine Street, Suite 104
Martinez, California 94553
Re: December 12, 1995 Board of Supervisors Meeting Agenda Item SDA
- Consideration of Adoption of Resolution Ratifying San Ramon
Valley Fire Protection District Ordinance No. 15
Dear Ms. Maglio:
This is a formal request on behalf of the San Ramon Valley Fire
Protection District, for which this office serves as District Counsel, to have Agenda Item
SDA - consideration of Adoption of Resolution Ratifying San Ramon Valley Fire
Protection District, which is set for hearing on Tuesday, December 12, 1995, continued
until the Board Meeting of Tuesday, December 19, 1995. The undersigned has
discussed this matter with the County Building Official and in order to attempt to
resolve certain issues currently disputed in this matter, the_County Building Official and
District Staff have the need to meet on this issue one additional time to attempt to
resolve these current areas of disagreement.
Accordingly, it is respectfully requested that Agenda Item SDA for the
Board meeting of December 12, 1995 be continued to the Board Meeting of December
19, 1995.
Ms. Jean Maglio, Clerk
• December 11, 1.995
Page 2
Should you have any questions, please contact the undersigned
immediately. Thank you for your anticipated courtesy and cooperation in this matter.
Very truly yours,
/V- , be't,
William D. Ross
WDR:NMM
cc: Victor J. Westman, County Counsel
Diana J. Silver, Deputy County Counsel
Mel E. Deardorff, Chief
San Ramon Valley Fire Protection District
s0, �
.f CONTRA COSTA COUNTY
BUILDING INSPECTION DEPARTMENT
Inter-Office Memo
DATE December 18, 1995
TO Supervisor Gayle Bishop
FROM Franklin Lew, Director of Building Inspectio
RE Tuesday agenda item SD 9 - ratification of SRVFPD Ordinance 15
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I am sorry we weren't able to talk on the phone this morning. Some information was faxed to you by
Deputy County Counsel Diana Silver earlier today. The following additional information may be
useful to you on this item.:
1. Cities and counties typically adopt and enforce building standards through adoptions of
model codes. However, local fire districts also are authorized by the California Health and
Safety Code to adopt building standards that are related to fire safety. For standards
.adopted by fire districts to become effective in cities and counties, the city councils of
affected cities and board of supervisors of affected counties must ratify the standards.
2. The San Ramon Valley Fire Protection District Board of Fire Commissioners has adoptee]
Ordinance 15. This ordinance adopts the 1994 Uniform Fire Code, with amendments that
include building standards. The Board of Supervisors is being asked to ratify the ordinance
to allow the building standards amendments to become effective in unincorporated areas
served by the District. It is noted that the cities of San Ramon and Danville likely will
either ratify Ordinance 15, or include the District's building standards amendments into their
municipal building codes.
3. In 1992, the Board was asked by SRVFPD to ratify similar amendments to the 1991
Uniform Fire Code adopted by the District. At that time, the County had not yet adopted
new building codes and standards. At the recommendation of staff, the Board ratified that
ordinance, but added a qualification that at such times as when the County adopts building
standards, the County's provisions will prevail in case of any conflicts.
4. Staff again recommends that this qualification be included in the Board's ratification of
Ordinance 15. SRVFPD objects to this qualification, saying that building standards need to .
be uniform throughout the District's service area. However, the Building Tnspection
i Department has an even greater need for uniformity. DID's service area is much larger, and
it has a larger staff of plan checkers and inspectors whose assignments must be continuously
adjusted for staffing and workload fluctuations. Most of BID's territory is within the areas
served or administered by the Contra Costa County Fire Protection District. It is noted that
CCCFPD's forthcoming ordinance adopting the Fire Code will no include any building
standard amendments.
5. The only really significant difference between Ordinance 15 and the forthcoming County
building code is over sprinklers. One of the Ordinance 15's amendments requires
installation of fire sprinklers in buildings having more than 5,000 square feet of total floor
area. The County building code will have an amendment that will require sprinklers for
buildings exceeding 12,000 square feet. While it may seem at first glance that the County
will be much more lenient, it should be noted that the California Building Code (CBC),
which is based on the Uniform Building Code, allows 24,000 square feet without sprinklers,
and up to 48,000 square feet when there are adequate side yards. Most cities and counties
do not further modify the CBC requirements on sprinklers. Again, the CCCFPD will not be
adopting any additional sprinkler amendments.
6. The SRVFPD's sprinkler amendment, as a practical matter, affects very few of the buildings
that are constructed each year within the unincorporated areas served by the District.
Almost all non-residential buildings are sprinklered, sometimes due to code requirements,
and sometimes due to owners' responses to insurance issues. As for residential buildings,
the 5,000 square feet trigger pretty much exempts all tract housing. Only custom houses
will exceed this size, and these are a very small percentage of the housing units that are
constructed each year in the District's service area. Since these larger custom houses
seldom have more occupants or bedrooms than tract homes, thus resulting in lower density
of occupants to the square foot, there is no reason, from fire safety consdiderations, to
require sprinklers in these larger houses, while exempting tract houses. It should be noted
that all homeowners, including those of custome homes, can voluntarily install sprinklers if
they choose.
cc: Board of Supervisors
P
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