HomeMy WebLinkAboutMINUTES - 12032002 - C32-C34 ,TO: BOARD OF SUPERVISORS
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FROM: Silvano B. Marchesi, County Counsel
CostaBy: Thomas L. Geiger, Deputy County Counsel `,.... _ !
DATE: December 3, 2002 County
SUBJECT: Ratification of Rodeo-Hercules
Fire Protection District Ordinance No. 02-02
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. RATIFY Rodeo-Hercules Fire Protection District Ordinance No. 02-02 adopting the Uniform
Fire Code, with the modifications attached to this Board Order.
2. DIRECT the Clerk of the Board of Supervisors to provide a certified copy of this Board
Order to the Rodeo-Hercules Fire Protection District within 15 days of this ratification,
pursuant to Health and Safety Code section 13869.7.
BACKGROUND:
Since January 1, 1991, whenever a fire district adopts ordinance regulations involving building
standards relating to fire safety that may be more stringent than State Fire Marshal and State
Building Standards Code requirements, 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.)
This Board Order provides for the retention of Board of Supervisors' discretion for final county
approval of entitlements, completion of development improvements, issuing of County stop work
orders, etc., within the unincorporated areas of the County that are within the Rodeo-Hercules Fire
Protection District. This Board Order also provides for the retention of the County's authority to
regulate when state-adopted building standards codes and related codes are involved in order to
achieve unincorporated area uniformity for matters such as park access, public road standards and
street names. This Board Order does not modify any of the requirements of Ordinance No. 02-02
concerning fire sprinkler systems in buildings.
CONTINUED ON ATTACHMENT: _x YES SIGNATURE:
-------------------------------�_�------_–_--_ --------__--------------_ __--------- _------- - ---------------------- -------------
RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BO D COMMITTEE
APPROVE OTHER
SIGNATURE(S): "
--- ----------------- --- - - ` 'r -=----------_------__ —---_----------------- ACTION OF
BOARD ON D ER 03 2 O2 APPROVE AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFYTHAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XX UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED_ -DECEMBER 03, 2002
CONTACT: Thomas L.Geiger,335-1813 JOHN SWEETEN,CLERK OF THE BOARD OF
CC: County Administrator's Once SUPERVISORS AND COUNTYADMINISTRATOR
Building Inspection Department
Community Development Department
Rodeo-Hercules Fire Protection District
BY y ✓ DEPUTY
H?20021R,.NaHcWR•H 8"Id Order.npd
MODIFICATIONS TO
RODEO-HERCULES FIRE PROTECTION DISTRICT ORDINANCE NO. 02-02
1. §_1 03.3.2.4. Review of certain plans. This section is modified to clarify that it does not
mandate the performance or non-performance of any act by the county and its planning agency,
officers and employees,but county staff is hereby directed to cooperate to the greatest
reasonable extent (subject to applicable county and state rules and regulations)with the district
concerning the subjects of this section and Ordinance No. 02-02.
2. CFC § 103.3.1.3. Stop orders. This section as modified and clarified does not mandate the
county building inspector or other county official or agency to issue any stop work orders or to
perform or not perform any act, and with this clarification is the same as § 103.3.2.4 above.
3. §_901.4.5.6. Street names and addressing. Same as § 103.3.2.4 except that the county fully
retains its authority pursuant to law to determine unincorporated area street names and
addresses.
4. � 902. Access. This section is modified to clarify that nothing in it shall prevent the county
from legislating, taking administrative action and/or occupying this area of regulation to the
extent allowed by law. This modification is made to retain the county's ability to require
uniform unincorporated area regulations such as public road improvements, widths and access.
5. §_203..---Water supplies. Same as § 902 except limited to the reservation of county discretion
involving the provision of water for domestic use.
6. § 8001.1.1.1. Coordinated enforcement. 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, but, as stated above, county staffs are directed to cooperate to the
greatest reasonable extent (subject to applicable county and state rules and regulations) with the
district concerning this section and Ordinance No. 02-02.
7. Section 16. "More restrictive requirements." 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.
8. Modified ordinance ratification. In ratifying Ordinance No. 02-02,the Board of Supervisors
has not reviewed and passed upon any"Findings of Need" that may have been prepared by the
district or other documentation, nor has it reviewed and passed upon the scope of the district's
Health and Safety Code regulatory authority.
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ORDINANCE NO. 02-02
AN ORDINANCE OF THE RODEO-HERCULES FIRE PROTECTION
DISTRICT OF CONTRA COSTA COUNTY, ADOPTING BY REFERENCE(`tjVITH
CERTAIN AMENDMENTS) THE UNIFORM FIRE CODE 2000 EDITION AND THE 2001
CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9 (CALIFORNIA FIRE CODE),
INCLUDING UNIFORM FIRE CODE STANDARDS, 2000 EDITION COMPILED BY
THE WESTERN FIRE CHIEFS ASSOCIATIUUN,
AND THE INTERNATIONAL CONFERENCE
OF BUILDING OFFICIALS
Section 1. ADOPTION BY REFERENCE
The Uniform Fire Code, 2000 Edition(Vols. 1 and 2) and the 2001 California Code of`
Regulations Title 24, Part 9(California Fire Codel and 2000 Uniform Fire Code Standards
including Appendices-A, I-C,II-A(delete Sections 15,), II-B, II-C,II-E, II-F, II-H,II-I, II-K, III-
A, III-AA, III-B, III-BB,III-C, III-D (with amendments),IV-A,IV-B,V-A, VI-A,VI-B, VI-C,
VI-D, VI-E, VI-F, VI-G, VI-H, VI-I,VI-J, VI-K published by the
*ssociafi WESTERN FIRE CHIEFS ASSOCIATION adopting by this reference, with the
changes, additions, and deletions as 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 Board of Directors
of the Rodeo-Hercules Fire Protection District("Fire District"), 1680 Refugio Valley Road,
Hercules CA, and the same is hereby adopted and incorporated as fully as set out at length
herein,and from the date on which this ordinance shall take effect,the provision thereof shall be
controlling within the limits of this jurisdiction.
Section 2. ESTABLISEMENT AND DUTIES OF BUREAU OF FIRE
PREVENTION.
2.1 The Uniform Fire Code(2000 Edition) and the California Fire Code as adopted
and amended herein shall be enforced by the Fire Prevention Division of the Fire
District which is hereby established and which shall be operated under the
authority of the Fire District Chief.
2.2 The Fire Marshal in charge of the Fire Prevention Division shall be appointed by
the Fire District Chief on the basis of examination.
2.3 The Fire District Chief 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 qualification and fitness for
the position.
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Section 3. DEFINITIONS
3.1 Wherever the word jurisdiction is used in the Uniform Fire Code, it shall be held
to mean the Rodeo-Hercules Fire Protection District.
3.2 Remains as written.
3.3 Wherever the term corporation counsel is used in the Uniform Fire Code, it shall
be held to mean the Attorney for the Rodeo-Hercules Fire Protection District.
3.4 Wherever the words Fire Chief are used in the Uniform Fire Code, it shall be held
to mean the Fire Chief of the Rodeo-Hercules Fire Protection District, or said Fire
Chief s authorized representative. The term Chief also means Fire Chief:
3.5 Wherever the term"Board of Directors" is used in this Ordinance and in the
Uniform Fire Code, it shall be held to mean the directors elected by a majority of
voters of the Rodeo-Hercules Fire Protection District to act as their agents in
managing the affairs of the jurisdiction.
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.
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Section 6. ESTABLISHMENT OF LIMITS OF DISTRICT 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 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. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE
STORAGE OF STATIONARY TANKS OF FLAMMABLE
CRYOGENIC FLUIDS ARE TO BE PROHIBITED.
8.1 The limits referred to in Section 3-1.5 of the Uniform Fire Code Standard 8-03 in
which the storage of flammable CRYOGENIC fluids in stationary containers is
prohibited are hereby established as follows: Any central business district,urban
or suburban area as defined by this Code.
Section 9. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE
STORAGE OF HAZARDOUS MATERIALS IS TO BE
PROHIBITED OR LIMITED.
9.1 The limits referred to in Section 8001.1.1 of the Uniform Fire Code in which the
storage of hazardous materials is prohibited or limited is hereby established as
follows: Any central business district urban or suburban area as defined by this
Code.
Section 10. AMENDMENTS TO THE UNIFORM FIRE CODE.
The following pertinent articles and sections of the Uniform Fire Code and the Uniform
Fire Code Standards are amended as follows:
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Amendment of Article 1. Article 1 of the Uniform Fire Code is amended as follows:
Amendment of Section 101.2.2.1 Section 101.2.2.1 is amended by adding the following after
the last sentence:
Section 101.2.2.1 Application Where not otherwise limited by law,the provisions of
this code shall apply to vehicles, ships, boats, and mobile vehicles when said vehicles are within the
boundaries of this jurisdiction.
Amendment of Section 101.4 Section 101.4 is amended as follows:
Section 101.4 Supplemental Rules and Regulations The Fire 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. The Chief may be guided by the
1995 and 1996 Supplements to the Uniform Fire Code. Such interpretations, rules and regulations,
and supplements shall be in conformance with the intent and purpose of this code and shall be
available to the public during normal business hours.
(3)Amendment of Section 103.1.4. Section 103.1.4.1 is amended in its entirety to read as
follows:
Section 103.1.4.1 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.
Addition of Section 103.2.1.1. Section 103.2.1.1 is amended by adding a subsection
103.2.1.1.1 to read as follows:
Section 103.2.1.1.1 Local Fees. The Board of Directors may, by resolution, establish a
schedule of nondiscriminatory fees to be charged and collected, solely to defray the R.H.F.P.D.'s
reasonable costs for plan review of fire protection equipment and systems, including,but not limited
to, the plans set forth in Section 103.3.2.4; requested or required inspection services; and issuance of
permits. Such fees shall become effective only after the Board of Directors has reviewed such and
approved the fee schedule. At least one copy of such approved fee schedule shall be filed with the
City and County Clerk's Office. Additional copies shall be kept in the main business office of the
R.H.F.P.D. for reference by, and distribution to, the public. (Ordinance 98-2 -Plan Check and
Service Fees)
Addition of Section 103.2.1.1.2. Section 103.2.1.1 is amended by adding a subsection
103.2.1.1.2 to read as follows:
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Section 103.2.1.1.2 Fire Suppression and Emergency Mitigation Fees The Rodeo-
Hercules Fire Protection District may charge fees that reasonably constitute the cast of suppression of
any fire or emergency mitigation against a property owner or ether responsible person when the fire
or emergency is a result of that person's violation of any federal, state statute or local ordinance.
(Ordinance 20-1 -Cost Recovery)
Amendment of Section 103.2.1.2. Section 103.2.1.2 is amended to read as follows:
Section 103.2.1.2 Fire Prevention Personnel as Peace Officers. The Fire Chief and said
Chief s designees 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
prevention of life and property against the hazards of fire conflagration.
The Fire Chief,or his duly authorized agents,MgLiss ee 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 California Penal Code.
Addition of Section 103.3.2.4 and 103.3.2 5 Sections 103.3.2.4 and 103.3.2.5 are added to
Article 1, Section 103 to read as follows:
Section 103.3.2.4 Plan Review. Whenever any land is to be developed or a building is to be
constructed,before undertaking any construction or development,Applicants shall submit building
plans and specifications to the RHFPD for said Department's retention and review for compliance
with this ordinance and other applicable regulations.
Section 103.3.2.5 Development Requirements. This section shall be applicable whenever
any land is developed or a building is constructed or improved which would require:
1. Provision of a water supply for fire protection;
2. Provisions 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 or for the preservation of property or lives; or
5. Provisions to control the spread of fire.
Amendment of Section 103.4.1. Section 103.4.1. is amended by adding a subsection
103.4.1.5 which reads as follows:
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Section 103.4.1.5 Fire Chief Fire Prevention Scope. The Fire Chief may order, in writing,
the correction, elimination or abatement of any fire or life hazard or any violation of this ordinance
including the code and standards incorporated by reference herein when the correction, elimination
or abatement is necessary for the prevention or suppression of fires or conflagrations or for the
protection or preservation of life or property against the hazards of fire or conflagration.
Addition of Section 103.4.3.4. A Section 103.4.3.4 is added to Section 103.4.3 to read as
follows:
Section 103.4.3.4 Penalties. 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.
Any violator shall be required to correct or remedy such violations or defects within a time specified
by the Fire Chief, or, when not otherwise specified,within ten(10) days. The application of the
aforesaid misdemeanor penalty shall not be held to prevent the enforced removal of prohibited
conditions.
This section is drafted pursuant to Section 13871 of the Health and Safety Code and is not intended to
create a different or separate penalty.
Amendment of Section 105.2. Section 105.2 is amended by adding a subsection 105.2.4 to
read as follows:
Section 105.2.4 Permit Conditions. A permit shall be issued after the permit fees required
by Section 103.2.1.1.1 have been received by the Rodeo-Hercules Fire Protection District and all
other conditions of the permit have been met.
Amendment of Section 105.7, Section 105.7 is amended by adding a subsection(7)which
reads as follows:
(7) Whenever the Fire 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 the decision of the Fire Chief to the Board of Appeals (created pursuant
to Section 103.1.4)within 30 days from the date of the decision.
Amendment of Section 105,8. Section 105.8 is amended by adding Item 3 to Section 1.1.
Amendment of section 1.1. Section 1.1 is amended to add an item 3 to read as follows:
3. Liquefied Petroleum Gases Inside Buildings. To store,use or handle liquefied
petroleum gas inside buildings. See Article 82.
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Amendment of Article 2. Article 2 is amended by adding or amending the following
sections:
Amendment of Section 202-A. Section 202-A is amended as follows:
ADMINISTRATOR shall mean the Fire Chief of the Rodeo-Hercules Fire Protection
District.
Amendment of Section 203-B. Section 203.B is amended by adding as follows:
BOARD OF DIRECTORS shall mean the governing body of the Rodeo-Hercules Fire
Protection District.
Amendment of Section 204-C. Section 204-C is amended by adding as follows:
CENTRAL,BUSINESS DISTRICT is a downtown area of a city or business parks having a
cluster of buildings generally 3 or more stories in height.
CORPORATION COUNSEL shall mean the Attorney for the Rodeo-Hercules Fire
Protection District.
Amendment of Section 205-D. Section 205-D is amended by adding as follows:
DISTRICT BOARD shall mean the Board of Directors of the Rodeo-Hercules Fire
Protection District.
DEFENSIBLE SPACE is a concept in landscape design for homes which provides a band of
managed vegetation around a home that slows movement of fire by reducing or denying fuel
and provides a space for fire fighters to take a stand to protect the house.
Amendment of Section 207-F. Section 207-F is amended by adding the following
definitions for"firebreak", "fire hazardous vegetation", and"fire resistant plants"and by
amending the definition for"fuel break"to read as follows:
FIREBREAK is an area in which all flammable vegetation or combustible growth is
removed and cleared away, thereby eliminating fire hazardous vegetation fuels which an
rapidly transmit fire. Ornamental landscaping is permissible within a firebreak as long as it is
adequately irrigated,maintained and spaced so as not to provide a means of rapidly
transmitting fire. (Compare to fuel break.)
FIRE HAZARDOUS VEGETATION are plants which can burn easily because they
generate dry undergrowth, contain flammable oils or produce significant quantities of dead or
dying material. Hazardous vegetation is fuel which must be removed or strictly maintained so
as not to constitute a fire hazard by igniting easily and then contributing to rapid fire spread.
Seasonally dry grass,weeds, brush, and un maintained and unirrigated trees and ornamental
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vegetation are examples of fire hazardous vegetation. Properly chipped, mulched and
disbursed material does not constitute fire hazardous vegetation. Fire hazardous vegetation is
also known as flammable vegetation and combustible growth.
FIRE RESISTANT PLANTS is a relative term used to describe plants that are more
resistant or less resistant than other plants to fire. Given enough heat, all vegetation will burn.
Yet plants in fact differ in how fast they burn,how high a flame they produce and their ability
to survive fire. Fire resistance is enhanced by higher amounts of moisture within twigs and
foliage. Fire-resistant plants can lose this quality altogether if not properly maintained and
irrigated.
FUEL BREAD: An area in which all flammable vegetation or combustible growth is
reduced and cleared away according to established standards, thereby lim'tin the mass and
arrangement of fire hazardous vegetation fuels which can rapidly transmit fire. Appropriate
ornamental landscaping is permissible within a fuel break. Fuel reduction standards for fuel
breaks limit the height of certain vegetation(brush, native shrubs,weeds and grasses), remove
from trees any fuels which can ladder into the canopies, and provide adequate spacing
between remaining plants.
Amendment of Section 219-R. 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.
Amendment of Section 220-S, 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.
Amendment of Section 222-U. Section 222-U is amended by adding as follows:
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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.
Amendment of ArticIe 9. Article 9 is amended as follows:
Section 901.4 Required Marking Of Fire Apparatus Access Roads,Addresses and Fire
Protection Equipment.
Section 901.4 is amended by adding Section 901.4.5.6 as follows:
Section 901.4.5.6 Street Names and Addressing. All new street names, addresses and
proposed property subdivisions shall be submitted for review and approval to the Mapping Officer of
the Fire.District. Proposed property subdivision maps shall be submitted to the Fire District on
computer disk using automatic computer aided design and format that is compatible with Fire
District use. Approval by Fire District shall not be unreasonably withheld.
Amendment of Section 902.2. Section 902.2.2 is amended by adding a subsection 7 to read
as follows:
Section 902.2.2.7. Gates and Barriers. When approved, gates and barriers may be installed
across or over fire department access ways. These installations shall meet the standards approved by
the Chief and the design shall be approved prior to installation.
Amendment of Section 902.4. Section 902.4 is amended by adding the following sentence to
the end of the paragraph:
Section 902.4. Key Boxes. If the keying system is changed or added to, the responsible party
shall notify the Fire Department and the keys located within the key box shall be updated.
Amendment of Section 903.2. Section 903.2 is amended by adding a subsection 903.2.1 to
read as follows:
Section 903.2.1 Alternate Fire Protection. When the required fire flow cannot be provided
or exceeds Rodeo-Hercules Fire Protection District capabilities, alternate methods of fire protection
as approved by the Fire Chief shall be provided.
Amendment of Article 10. Article 10 is amended as follows:
Amendment of Section 1003. Section 1003 is amended by adding a subsection 1003.1.4.
Addition of Section 1003.1.3. A Section 1003.1.3. is added to Section 1003.1 to read as
follows:
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Section 1003.1.3. Undetermined Occupancy. When fire sprinkler systems are required in
buildings of undetermined occupancy,they shall be designed and installed to have a sprinkler density
of not less than that required for an Ordinary Hazard Group 2 use,with a minimum design area of
3,000 square feet. Occupancy is considered undetermined if not classified at the time the permit is
issued. Where a subsequent occupancy requires a system of greater density, the system shall be
upgraded to such use.
Amendment of Section 1003.2. Section 1003.2 is amended as follows:
Amendment of Section 1003.2,1. Section 1003.2.1. Is amended by adding the following
paragraph:
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
extin iug_shing system shall be required in those occupancies in the type construction which exceed
the square footage listed in Table 1003 A in this Ordinance.
Amendment of Section 1003.2.9. Section 1003.2.9 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.
Addition of Section 10012.11. A Section 1003.2.11. is added.
Section 1003.2.11. 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.
Addition of Section 1003.2.12.
Section 1003.2.12. It-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.
Addition of Section 1003.2,13.
Section 1003.2.13. Separation Walls. The floor area set forth in Table 1003A shall be the
total floor area of the building irrespective of area separation walls.
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Addition of Section 1003.2.14.
Section 1003.2.13. 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-3Occupancies (one and two family dwellings,most townhouses)need not
comply with Section 1003.2.13. above provided they do not exceed the square footage set forth in
Table 1003 A.
Addition of Section 1003.2.15.
Section 1003.2.15.. 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 1003.2.15.1. 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: Should the total square footage exceed those specified in Table 1003A by 10/0 or
less,the building need not be sprinklered.
Section 1003.2.15.2. 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
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 1003.2.15.2. above.
Section 1003.3. Sprinkler System Monitoring and Alarms.
Section 1003.3.1. is amended by changing the last paragraph to read as follows.
Valve monitoring and water-flow alarm and 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.
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TABLE 1003A Summary of Requirements is added in its entirety:
Table 1003A
Summary of Requirements
TYPE OF CONSTRUCTION(U.B.C. 1997)
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 DIVA 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.I 5,000 5,000 5,000 5,000 3,000
F DIV.2 5,000 5,000 5,000 5,000 3,000
I3 DIV.1 all
H DIV.2 all
H DIV.3 all
H DIVA 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
•DIV.7 all
** I DI"V.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
- 12 -
Amendment of Section 1006. Section 1006. is amended as follows:
Amendment of Section 1006.3.3.6.1. Section 1006.3.3.6.1 is amended in its entirely to read as follows:
Section 1006.3.3.6.1. General. All fire alarm systems shall be U.L. listed Central Station Service
systems as defined by the 1999 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.
Amendment of Section 1006.3.4.2. Section 1006.3.4.2. is amended in its entirety to read as follows:
Section 1006.3.4.2. Certification. Fire alarm systems shall be U.L. Certificated and Certificate of
Completion and other documentation listed in Section 1-7 documentation of the 1999 National Fire Alarm Code
shall be provided for all new fire alarm system installations.
Amendment of Article 11. Article 11 is amended as follows:
(1) Amendment of Section 1109.7. Section 1109.7 is amended by deleting the Exception.
Amendment of Article 12. Article 12 is amended as follows:
(1) Amendment of Section 1213. Section 1213 is amended by adding a subsection 1213.4 to read as
follows:
1213.4 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.
Amendment of Article 13. Article 13 is amended as follows:
(1) AmendMent of Section 1302.3. 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 Rodeo-Hercules Fire
Protection District.
- 13 -
1;2-
Article 14 is added in It's entirety as follows:
ARTICLE 14-EXTERIOR EIRE 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 jurisdictioi
which is, or when dry may become, a fire hazard
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Streets. Includes alleys,parkways, driveways, sidewalks,and areas between sidewalks and curbs,highways,
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.
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 Needs 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 an exterior fire hazard as ordinarily defined.
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 circumstances 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 jurisdiction,not
less than ten(14)days prior to the date of the abatement hearing. Copies of the notice shall be headed with the
wards"Notice to Abate Weeds and Rubbish' in letters at least one inch high. The notice shall be substantially in
the following form:
_ 15 -
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 Rodeo-Hercules 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 finrther 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 ten(10)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 weed 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 Boarc
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 lest 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 heal
it and any objections of any of the property owners liable to be assessed for the work of abatement, Thereupon,
- 16-
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 of 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 recording 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.
1401.5.5 Cost Assessments. Upon confirmation of the report of cost by the Board of Directors of this jurisdiction
and the recording 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 assessment 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.
1401.6.1 Firebreaks/Fuelbreaks. In lieu of ordering abatement as provided in Section 1401.5.1,the Chief of thi;
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, he 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
firebreaks/fuelbreaks.
1401.7 Subsurface Fire,.Penalties Therefor.
1401.7.1 feat 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 Casts. 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 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).
- 17 -
Amendment of Article 52. Section 5202.4.1 of Article 52 is amended to read as follows:
Section 5202.4.1 Aboveground Tanks. Class I and II liquid may be dispensed from approved
aboveground vaulted tanks into the fuel tanks of motor vehicles, water craft or aircraft when installed and
maintained as required by the Fire Chief.
1. Location. Upon approval of the Fire Chief, vaulted tanks may be located at farms, construction
sites, gravel pits, industrial occupancies, corporation yards, other remote locations or 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.
2. Capacity. Vaulted tanks shall not exceed 2,000 gallon capacity unless approved by the Fire Chief
3. Removal. The Fire Chief shall have the sole discretion to prohibit use of vaulted tanks based on
the safety of the public. Removal of vaulted tanks may be required at any time for violation of these requirements
any associated permit requirements or change in conditions.
Amendment of Article 79. Article 79 is amended as follows:
Section 7902.1.7.2.4. Tanks Abandoned in Place. Section 7902.1.7.2.4. is deleted in its entirety.
Amendment of Section 7902.1.8.2.. Section 7902.1.8.2. is amended by adding the following section:
Section 7902.1.9.13. Tanks Above Grade. Tanks shall be securely supported. Supports for tanks storing
Class I, II or III-A liquids shall be of concrete,masonry or protected steel.
Amendment of Section 7903.2. Section 7903.2. is amended by adding a subsection 7903.2.1.2.1 which
reads as follows:
Section 7903.2.1.1.1.2. Work Stations. Vapors generated at work stations shall be confined to the area
in which they are generated and ventilated in accordance with the Uniform Mechanical Code.
Amendment of Section 7904.2.1. Section 7904.2.1 is amended to read as follows:
Section 7904.2.1. General. 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 designated by the Fire Chief. The storage of Class I and Class II
liquids in aboveground tanks is prohibited within the limits established by law as the limits of districts in which
such storage is prohibited.
Exception: Storage and use of fuel-oil tanks and containers connected with oil-burning equipment
regulated in Article 61 and the Mechanical Code.
- 18 -
Amendment of Section 7904.2. Section 7904.2 is amended by amending subsections 7904.2.5.5.1 and b`
adding a subsection 7904.2.9 as follows:
Amendment of Section 7904.2.5.5.1. Section 7904.2.5.5.1 is amended to read as follows:
7904.2.5.5.1 General. Tanks shall be provided with top openings only.
Exception: Tanks in remote locations may be elevated for gravity discharge when approved by the Fire
Chief:
Addition of Section 7904.2.9. A subsection 7904.2.9 is added to Section 7904.2 to read as follows:
7904.2.9 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
Fire Chief and in accordance with this Code.
1. Location. Upon approval of the Fire Chief,vaulted tanks may be located at farms, construction
sites, gravel pits, industrial occupancies, corporation yards, other remote locations or 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.
2. Capacity. Vaulted tanks shall not exceed 2,000 gallon capacity unless approved by the Fire Chief
3. Removal. The Fire Chief shall have the sole discretion to prohibit use of vaulted tanks based on
the safety of the public. Removal of vaulted tanks may be required at any time for violation of these
requirements, any associated permit requirement or a change in conditions.
Amendment of Article 80. Article 80 is amended as follows:
Section 8001.1.1 General Section 8001.1.1 is amended by adding subsection 8001.1.1.1 as follows:
Addition of Section 8001.1.1.1. A subsection 8001.1.1.1 is added to Section 8000.1.1.1 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 effort.,
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.
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 lieu of Appendix II-E.
- 19 -
Section 8001.3.3 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 service Department
may be accepted in lieu of Appendix.II-E.
Section 8001.3.4 Emergency Response Support Information. Section 8001.3.4 is added in its entirety
immediately following Section 8001.3.3 as follows:
Addition of Section 8001.3.4. 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 information may be require(
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
formatted to facilitate computer aided dispatching.
Amendment of Section 8001.5.2.5. Section 8001.5.2.5 is amended by adding the following to the end of
the section:
Section 8001.5.2.5 Responsibility For Cleanup. The Rodeo-Hercules Fire Protection District may
charge fees that reasonably constitute the cost of response to incidents involving the discharge or threatened
discharge of a hazardous (or suspected hazardous)material. Reference, Rodeo-Hercules Fire District Ordinance
20-1-Cost Recovery.
Amendment of Article 82. Article 82 is amended as follows:
Amendment of Section$203.2,1.8. Section 8203.2.1.8 is amended by adding the following:
Section 8203,2.1.8 Use for Food Preparation. Individual portable containers used, stored,or handled
inside of buildings used for 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 said Fire Chief s authorized representative.
Section 8204.2 Maximum Capacity Within Established Limits. Section 8204.2 is amended as follows
Section 8204.2 Maximum Capacity Within Established Limits. Within the limits established by law
restricting the storage of LP-gas for the protection of ieavily-populated-or congested commercial any central
business district, urban area or suburban area as defined by this code,the aggregate capacity of any one
installation shall not exceed a 2,000-gallon(7571 L)water capacity.
-20-
Amendment of Section 8205. Section 8205 is amended by adding a subsection 8205.3 to read as follows
Section 8205.3 Storage. LP-gas shall not be stored or used inside of any occupancy, tent or air-supported
structure unless approved by the Fire Chief.
(m)Amendment of Appendix III-A. Section 4 of Appendix III-A is amended by deleting subsection 4.2
Area Separation in its entirety.
Section 11. APPEALS.
11.1 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 o
the Chief to the Board of Directors of the Rodeo-Hercules Fire Protection District within 30 days
from the date or the decision appealed.
Section 12. NEW MATERIALS,PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE
PERMITS.
12.1 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 the now enumerated in the Uniform Fire
Code.
The fire marshal shall post such list in a conspicuous place at the officers of the fire prevention division
and distribute copies thereof to interested persons.
Section 13. PENALTIES.
13.1 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 order as affirmed or modified by the
Board of Directors of the Rodeo-Hercules 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$500.00 or by imprisonment in the County jail for a period of time not to
exceed six(6)months, or by both such fine and imprisonment. The imposition of one penalty for
any violation shall not excuse the violation or permit 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,reach ten days that prohibited conditions are maintained shall constitute a
separate offense.
-21 -
13.2 The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions:
Section 14. REPEAL OF CONFLICTING ORDINANCES.
14.1 The following Ordinance previously adopted by the Board of Directors is hereby repealed:
Ordinance#99-1, Rodeo-Hercules Fire Protection District(Uniform Fire Code, 199'
Edition/Califomia Fire Code 1998 Edition).
Section 15. VALIDITY.
15.1 The Board of Directors of the Rodeo-Hercules 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 Rodeo-Hercules Fire Protection District that it would have passed all other
portions of this Ordinance independent of the limitation here from of any such portion as may be
declared invalid.
Section 16. , MORE RESTRICTIVE REQUIREMENTS.
16.1 In the event that the City of Hercules or Contra Costa County, adopt more restrictive requirements,
or amend those provisions contained herein, those more restrictive amended requirements shall
only apply within the jurisdiction adopting such requirements.
Section 17. DATE OF EFFECT.
17.1 This Ordinance shall become effective thirty(3 0) days after passage and within fifteen(15) days o
passage, shall be published once with the names of the Directors voting for and against it, in the
West County Times, a newspaper of general circulation in this Fire District. Passed and Adopted
on October 29. 2002 ,by the following Vote:
AYES: BECK, JOHNSON, RIbLE, LOPEMAN, PRATHER
NOES: NONE
ABSENT: N E r-
ATTEST: Ar. r
ph Beck, Secretary Bill Ridle,President
Board of Directors Board of Directors
op an wede Jo n William Prather
- 22 -
C. 33
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on December 03, 2002 by the following
votes.
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER,
GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Board Proceedings during the Month of November, 2002.
IT IS BY THE BOARD ORDERED that the reading of the minutes of
the proceedings of this Board for the month of November, 2002 is waived.
And said minutes are APPROVED as written.
I hereby certify that this is a true amd correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED:_DEER 03, 20Q2
JOHN R. SWEETEN, Clerk of the Board
of Supervisors and County Administrator
By---- — _ Deputy
C.34
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on December 03, 2002 by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Affidavits of Publication of Ordinances
This Board having heretofore adopted Ordinance No. 2002-44.
Affidavit of Publication of said Ordinance have been filed with the
Clerk during the month of November, 2002; and it appearing from said
affidavits that said Ordinance was duly and regularly published for
the time and in the manner required by law;
NOW THEREFORE, IT IS BY THE BOARD ORDERED that said
Ordinance is declared duly published.
I hereby certify that this is a true and correct
Copy of an action taken and entered on the
Minutes of the hoard of Supervisors on the
Date shown.
ATTESTED: December 03, 2002
JOHN R. SWEETEN, Clerk of the Board
Of Supervisors and County Administrator
By: Deputy
�l