Loading...
HomeMy WebLinkAboutMINUTES - 10012002 - C.72 TO: BOARD OF SUPERVISORS Contra FROM: Silvana B. Marchesi, County Counsel By: Thomas L. Geiger, Deputy County Counsel Costa GATE: October 1, 2002 ° ` County SUBJECT": Ratification of Morag a-Orinda Fire Protection District Ordinance No. 02-02 SPECIFIC REQUEST(S)OR RECO,MMENDATION¢&}�ACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. RATIFY Moraga-Orinda Fire Protection District Ordinance No. 02-02, with the modifications attached to this Board Carder, 2. DIRECT the Clerk of the Beard of Supervisors to provide a certified copy of this Board ,,..:.. Order to the Moraga-Orinda 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 Moraga-Orinda 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: _----------------------------------------_---_-----------------_--------------- ..------------- �----- -------- ---_____ _- - - - :�_ RE MMENDATiON OF COUNTYADMINiSTRATOR RECOMMENDATION OF BOAf2T3 C�MMITTEE PROVE OTHER SIGNATURES): __-.e' _ __._ "__—_---_..------__---__--- ---_----__________--__-__-------_------—---.__..__._ACTION OF BOARD ON ,j%? PPROVE AS RECOMMENDED - ,_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ACES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED j 'f`—z CONTACT: Thomas L.Geiger.335-1813 JOHN SWEETEN,CLEPK OF THE BOARD OF SUPERVISORS AND COUNTYADMINISTRATOR CC: County Administrator's Office Building inspection Department Community Development Department Moraga-Orinda Fire Protection Districts' ; BY l M - DEPUTY fi.i2t30?tFirs{ltetricUslM-t3 Boxr6 Order.wPd MODIFICATIONS TO MORAGA-ORINDA FIDE PROTECTION DISTRICT ORDINANCE NO. 02-02 1. Ratification.- Section 2. Legislative findings and declaration. In ratifying Ordinance No. 02- 02,the Board of Supervisors has not reviewed and passed upon the"Legislative Findings and Declaration" of its Section 2 that have been presented 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. 1. 10 3.3.2.5. Review of certain glans. 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. Ston 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. § 9{}1.4.5.6. Street names and addressing. Same as § 103.3.2.5 except that the county fully retains its authority pursuant to law to determine unincorporated area street names and addresses. 4. §§ 902.2.2-1, 902.2.2.3, 902.2.2.6 and 902.5. Access. These sections are 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. 903.3 903.3.1, 903.3.1.1. Water sunnly. Same as paragraph 4, above, except limited to the reservation of county discretion involving the provision of water for domestic use. 6. 5204.5.2, 7701.7.2 7902.2.2.1 and 7904.2.5.4.2. These sections are modified to clarify that where any applicable Contra Costa County health and safety regulations and these fire code regulations conflict, the most restrictive provisions will prevail to the extent permitted by law. 7. § 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. ORDIl1TANCeE M. 02-02 AN ORDINANCE OF THE MORAGA-ORINDA FIRE PROTECTION DISTRICT OF CONTRA COSTA COUNTY, ADOPTING BY REFERENCE(WITH 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 ASSOCIATION, AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS The Board of Directors of Moraga-Orinda Fire Protection District, ordains as follows: Section 1. ADOPTION BY REFERENCE The Uniform Fire Code, 2000 Edition(Vols. I and 2)and the 2001 California.Code of Regulations Title 24, Part 9(California Fire Code)and 2000 Uniform Fire Code Standards including Appendices I-C, H-A(delete Sections 15,), II-B, II-C, H-E, II-F, H-H, II-I, H-K, III-A, III-AA, III-B, III-BB, III-D(with amendments), IV-A, 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 WEST V FIRE CHIEFS ASSOCIA7YON 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 Moraga-Orinda Fire Protection District("Fire District"), 33 Orinda Way, Ormda, California, 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. LEGISLATIVE FINDINGS AND DECLARATION. 2.1 Pursuant to Sections 17958.5 and 18941.5 of the California Health and Safety Code, the Fire District finds that amendments to the California Fire Code, 2001 Edition are necessary due to the climatic, geologic and topographical conditions(the"Conditions")which exist in the Fire District. Under the adoptions of the California Fire Code, 2001 Edition, specific amendments have been established which are more restrictive in nature than those adopted by the State of California and the State Fire Marshal. The local amendments to the California Fire Code, 2001 Edition, have been evaluated by the Fire District as a procedure for addressing the fire hazards and concerns within the Fire District which will establish and maintain an environment for a high level of risk of fire and life safety to all persons who work and live within the Fire District boundaries. I 2.2 The following conditions confirm the existence of a fire hazard within the Fire District, which requires specific amendments to the California Fire Code, .Article 10 Section 1003, 2001 Edition. 1. The Fire District is the gateway to Central Contra Costa County and has portions designated as a Very High Fire Hazard Severity Zone as outlined within the Bates Bill. It is located in a valley created by the Berkeley/Oakland hills to the west and the rolling hills of central Contra Costa County to the east. Due to its location, the Fire District climate is more varied than that of its neighbors. The Fire District receives a little more rainfall than areas further inland and often, during the summer months, portions of the Fire District are enveloped in fog as the heat in the Central Valley draws cool air in from the San Francisco Bay. However, the Fire District also experiences the hot, dry summer weather that is characteristic of central Contra Costa County. This climate has promoted the growth of native grasslands, chaparral, oaks and other indigenous plant species for the area. The climate has encouraged the development of the Fire District, through the addition of primarily residential uses within the Fire District and the tremendous addition of non-indigenous plant species. Due to the adjacent location of the Fire District to the Oakland/Berkeley Hills and in a valley, the Fire District often experiences air movements,which are not common to other communities. In summary, due to extreme vegetation, hot dry winds and high wind velocities, fire conditions within a major portion of the Fire District are extreme. In building fires(as well as vegetation fires)the high wind velocity accelerates the rapid spread of fire. 2. The Fire District climate, location and topography encouraged its early development as a vacation home area. Since World War II the Fire District has continued to be primarily a residentially developed area,the development occurring and continuing to occur on the valley floor and hillsides. The street system within the northern portion of the Fire District reflect the earlier development with narrow, steep and curved roadways. Residences have been built on long narrow cul-de-sacs, dead end roads and adjacent to grasslands and chaparral areas. Areas that were once grazing areas are no longer suitable for cattle-grazing, thus the fuel supply in these areas continues to increase. As areas are developed, additional forms of combustible vegetation and man-made structures are increased. 3. The topographic and geologic conditions in areas portion of the Fire District have not permitted the establishment of infrastructure, providing adequate fire protection for new development. It is difficult to widen existing struts to meet present standards for emergency operations. Fire hydrants, especially in hillside areas, often have less than optimum required water flow and pressure levels and the terrain often causes emergency response times to exceed minimum standards. In summary, large portions of the Fire District do not have adequate fire flow or have roadways that delay the response of emergency equipment and extinguishment of a fire, allowing the fire to increase in area. In order to mitigate the described conditions that hinder quick 2 response to a fire, built-in automatic fire-extinguishing systems are required over and above state code requirements. The requirement and installation of an automatic fire- extinguishing system will allow for occupants to evacuate and allow fire to be controlled before the arrival of Fire District personnel and apparatus, thereby lessening the spread of fire into adjacent vegetation. 4. The October 1991 Oaldand/Berkeley ffills firestorm was a harbinger of the potential for a similar fire that could occur in the Fire District. Many of the same conditions that contributed to the loss of life and property in the Oakland/Berkeley hills fire exist within a major portion of the Fire District. In addition, there is a significant amount of un-grazed open space on the surrounding undeveloped hillsides of the Fire District where either a wildfire or structure fire could initiate a firestorm. Section 3. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. 3.1 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 3.2 The Fire Marshal in charge of the Fire Prevention Division shall be appointed by the Fire District Chief on the basis of examination. 3.3 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. Section 4. DEFINITIONS. 4.1 "Jurisdiction" shall mean the geographic area within the Fire District. 4.2 "Fire District" shall mean Moraga-Orinda Fire Protection District. 4.3 "Board of Directors" shall mean the Directors of the Fire District as elected to act as set forth in this Ordinance. 4.4 "Division" shall also mean Bureau. 4.5 "Uniform Fire Code" shall include the 2001 California Fire Code. Section 5. AMENDMENTS TO THE UNIFORM FIRE CODE. The Uniform Fire Code, the California Fire Code and Uniform Fire Code Standards 3 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 below are those of the Uniform Fire Code. Section 101 General. Section 141 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 103.1.4 Appeals Section 103.1.4 is amended by adding the following: Section 103.1.4 Appeals. 1. In order to determine the suitability of alternative material and types of construction and to provide for reasonable interpretations of the provisions of this ordinance, there shall be and hereby is created a Board of Appeals. 2. The Board of Appeals shall be composed of the Board of Directors of the Fire District or their designees. Section 103,2.1.2 Fire Prevention Division Personnel and Police. Section 103.2.1.2 is amended by revising the first paragraph and adding a third paragraph as follows: Section 103.2.1.2 The Chief and members of the Fire District while engaging in the prevention and suppression of fires and the protection of life and property shall have the powers of peace officers in performing their duties under this Code. The Chief, or agents authorized by the Chief, 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. Section 103.3.2 New Construction and Alterations. Section 103.3.2 is amended by adding Section 103.3.5 providing: 103.3.2.5 Review of Certain Plans. Whenever required by this Cade, 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 Mode, plans may be required whenever any land is developed and/or building is constructed or improved which would rewire: 1. Provision of water supply for fire protection; 2. Provision of access for fire apparatus; 3. An occupancy for the storage, handling, or use of any hazardous substance, 4 material, process or device; 4. Occupancies for which the Fire District has responsibility for enforcement of laws of ordinances for fire safety and preservation of property or lives; and/or 5. Provisions to control the spread of fire. Section 143.4.1 Authorization to issue corrective orders and notices. Section 103.4.1 is amended by adding 103.4.1.5 providing: Section 143.4.1.5 Written Orders and Notices. The Chief may order, in writing, the correction, elimination, or abatement of any fire or life hazard or any violation of this ordinance including the said code and standards incorporated by reference herein when correction of the violation is necessary for prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration. Section 103.5 Fee for Plan Review,Inspection and Permits is added as follows: Section 103.5 Fee for Plan Review,Inspection and Permits. The Chief may recommend a schedule of non-discriminatory fees to be charged and collected, solely to defray the Fire District'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 above, requested or required inspection services;and issuance of permits. Such fees shall become effective only after the Board of Directors has reviewed and approved the fee schedule. One copy of the approved fee schedule shall be filed with the Office of the Clerk of the Board of Directors. Additional copies shall be kept in main business office of the Fire District for reference by and distribution to the public. Section 145 Permits. Section 105.8 Permits required is amended by adding and amending the numbering in the following manner: m.3. Model pockets. See Appendix H-A and applicable California State Fire Marshal requirements. m.3 4. Motor vehicle fueling stations. Section 202-A is amended as follows: ADMINISTRATOR shall mean the Chief of the Fire District and his/her designees and deputies. Section 243—B is amended by adding the following: BOARD OF DIRECTORS shall mean the Board of Directors of the Moraga-Orinda Fire 5 District. Section 204--C is amended by adding the following: Central Business Fire District shall mean a downtown area of a city or town, or an area of a business park having a cluster of buildings generally 4 or more stories in height. Corporation Counsel shall mean the Attorney for the Moraga-0rinda Fire District. Section 205—D is amended by adding the following: FIRE DISTRICT BOARD shall mean the Board of Directors of the Moraga.-Orinda Fire District. Section 207-F is amended by revising the definition of"Facility", and adding the definition of"Firetrail" as follows: FACILITY(as applied to access and water supply)is a building or use in a fixed location including exterior storage areas for flammable and combustible substances and hazardous materials, piers, wharves,tank farms and similar uses. Facility also includes any structure, establishment or location used for storing, processing or handling materials or equipment. FIRETRAEL means grading firebreak of sufficient width, surface, and design to provide access for fire personnel and equipment to suppress and to assist in preventing a surface extension of fire. Section 220—S shall be amended by adding the following: Suburban Area is that area designated for single family residential use with residential and non-residential uses generally less than 3 stories in height, consisting of parcels up to 10 acres in size. Section 220—U shall be amended by adding the following: 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 towns and clusters of apartment buildings or condominiums, and commercial corridors along major arterials. Section 901.4 Required Marling 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 6 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. Section 902 Fire Department Access. The following amends section 902: Section 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet(6096 mm)and an unobstructed vertical clearance of not less than 15 feet(4572 mm). Exception. (1)Vertical clearance may be reduced provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. (2)Existing access roads less than 20 feet(6096 mm) shall be cleared of 3 feet of vegetation on both sides of the road to provide clear access. Section 902.2.2.3 Turning Radius. The turning radius of a fire apparatus access road shall be not less than 35 feet turning radius. Section 902.2.2.6 Grade. The gradient for a fire apparatus access road shall not exceed 20 percent. When fire apparatus access road gradient exceeds 15 percent, roadway covering materials shall be approved by the Fire District. Section 902.5 Access to Open Spaces. When access to open land/space or firetrail systems maintained for public or private use is obstructed by new development, the developer shall provide alternate acceptable access into the areas for fire personnel and equipment, as approved by the Chief Section 903 is amended as follows: Section 903.2 Required Water Supply for Fire Protection. An approved water supply capable of supplying 2250 gpm from three(3)adjacent hydrants for fire protection shall be provided to all areas within the Fire District. In setting the required fire flow for individual facilities, buildings, or portions of buildings that are hereafter constructed or moved into or within the Fire District, the Chief may be guided by Appendix IIIA. When any portion of the facility or building protected is in excess of 150 feet(45720 mm)from a water supply on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Chief. See Section 903.4. Section 903.3 Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed systems capable of providing the required fire flow. In setting the requirements for fire flow, the chief may be guided by Appendix 111-A. 7 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 NEPA#1231; current edition(Standard on Water Supplies for Suburban and Rural Fire Fighting);NEPA#299,current edition(Protection of Life and Property from Wildfire); and Appendix III-B of this Code. Section 1001.6.4 Fire Alarms. Section 1001.6.4 is amended by adding the following: Section 1001.6.4.1 Fire Alarm Remote Monitoring Stations. Fire alarm remote monitoring stations shall comply with the requirements of Underwriter Laboratories. Section 1003 Fire-Extinguishing Systems. Section 1003.2 is amended by adding the following: Section 1003.2.2 An automatic fire extinguishing system is required in the following new construction occupancies and changes in occupancy that result in a significant increase in fire hazard regardless of the floor area or type of construction: A) Assembly(Croup A) B) Office and Commercial(Group B) In a building used for high piled combustible storage, fire protection shall be in accordance with the Uniform Fire Code, Article 81. C) Educational(Group E) D) Storage of Hazardous Materials(Croup H) E) Nurseries, Hospitals, Health-care( Group 1) F) Mercantile(Croup M) G) Residential(Group R) Exceptions: (i) When an addition or demolition and replacement does not exceed 50%of the floor area of an existing building; or (ii) When fire, earthquake or other natural or man-made disaster destroys 50%or less of the building; or (iii) Where all of the following criteria are satisfied: a) The total area of all floors is less than 5,000 square feet; b) Public waster supply meets Uniform.Fire Code requirements; c) The access road is not less than 20 feet of unobstructed width, a maximum grade of 20%, and extending to within 150' of a portion of an exterior wall; and d) A maximum response distance 1.5 miles from the nearest fire station. (H) Storage, Repair and Parking Garages(Group S) (1) Attached Garages, Carports(Group U). When the main building to which it is attached would require sprinklers. 8 Section 1006-Fire Alarm Systems. Section 1006 is amended by adding the following: Section 1006.2.4.1.1 When more than one fire alarm control unit is used at the school campus, they shall be interconnected and shall operate all indicating devices. .Exception: Interconnection of fire alarm control units is not required when: (1) Buildings that are separated by a minimum of 20 feet(6096 mm)and in accordance with the California Building Code, (2) There is a method of communication between each classroom and the school administrative office approved by the Fire District. Section 1006.2.4.1.2 School Fire Alarms. Except as provided in Section 1006.2.4.1, every building used for educational purposes, regardless of occupancy classification, shall be provided with an approved fire alarm system. This provision shall apply to,but shall not necessarily be limited to,every elementary school, high school, community college or university. Exception: Privately owned trade and vocational schools or any firm or company which provides educational facilities and instructions for its employees. Section 1109.7 Sparks from Chimneys: Section 1109.7 is amended by deleting the exception. Section 1302.3 False Alarms. Section 1302.3 is amended by adding a last sentence as follows: A charge may be assessed for false alarms if a fee schedule ordinance is adopted by the Board of Directors. Article 14 Exterior Fire Hurd Control. Article 14 is added in its entirety as follows: ARTICLE 14- EXTERIOR FIRE HAZARD CONTROL 1401 Authorization for Enforcement. 1401 This Board of Directors shall exercise all powers, duties and rights to act pursuant to Part 5 (commencing with Section § 14875), Division 12, of the State of California Health and Safety Code, Chapter 6.8, Section 51175 Part I Division I of Title 5 of the Government Code to maintain, clear or order the clearing of land or remove or order the removal of dry grass, stubble, brush, dead or dying vegetation, rubbish, litter or other flammable material where such flammable material endangers the public safety by creating a fire hazard. Such maintenance and fire hazard abatement shall be conducted in accordance with the provisions of said Part 5, Chapter 6.8 and/or this ordinance. In the application of the provisions of said Part 5 and Chapter 6.8 to maintain property and fire hazard abatement proceeding under this Ordinance and the Fire Protection District Law of 1987, the terms"Board of Directors" or"Board"when used in Part 5, shall mean the Board of Directors of the Moraga-Orinda Fire District; and the officers designated in Section 9 § 14890 of Fart 5 shall mean the employees of the Fire District is designated by the Board of Directors of the Moraga-Orinda Fire.District. 1402 Definitions. 1402.1 "Weeds." Means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 1402.1.1 'Weeds which beat-seeds of a downy or wingy nature. 1442.1.2. 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. 1402.1.2.1 "Chaparral" consists of woody shrubs which include the fallowing: a. Adenostoma Fasciculatum(Chamise) b. Baccharis pilularis consaguinea(Coyote Brush/Greasewood) c. Cytisus, Genista, Spartium(Brooms) d. Brigonum spp. (Buckwheat) 1402.1.3 Weeds which are otherwise noxious or dangerous. 1402.1.4 Poison oak and poison sumac when the conditions of growth are such as to constitute a menace to the public health. 1402.1..5 Dry grass, stubble, brush, litter or other flammable materials which endanger the public safety by creating a fire hazard. 1402.2 "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. 1442.3 "Streets." Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs. 1402.4 "Person." Includes individuals, firms, partnerships and corporations. 1442.5 "Cost of Abatement." Shall include all expenses incurred by the jurisdiction in its work of abatement undertaken and administrative costs pursuant to Section 1406 of this Ordinance. 1403 Needs and Rubbish A Public Nuisance. 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 weeds are a seasonal and recurrent nuisance. 1404 Weeds,Dead or Dying Vegetation, and Rubbish to be Destroyed or Removed. It 10 shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in this jurisdiction to cause or permit any weeds, dead or dying vegetation, or to place, cause or permit any rubbish to be or remain on any real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds, dead or dying vegetation, and/or rubbish. Destruction by burning within the jurisdiction is unlawful unless the written permission of the Chief of the Fiore District first obtained, and all other applicable permits are obtained from appropriate governing jurisdiction. 1405 Vegetation Management of Property. Any person who owns, leases, controls, operates, or maintains any occupied dwelling or occupied structure in or upon or adjoining any mountainous area, forest-covered land,brush-covered land,grass-covered land, or land that is covered with flammable material,which area or land is within a very high fire hazard severity zone shall be made and maintained in accordance with the following requirements. (1) Maintain around and adjacent to the dwelling or structure a fire break made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer,all flammable vegetation or ether combustible growth. This paragraph does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any dwelling or structure. (2) Maintain around and adjacent to the occupied dwelling or occupied structure additional fire protection or fire breaks made by removing all brush, flammable vegetation, or combustible growth that is located from 30 to 100 feet from the occupied dwelling or occupied structure or to the property line, whichever is nearer, as may be required by the fire district if the fire district finds that, because of extra hazardous conditions, a firebreak of only 30 feet around the occupied dwelling or occupied structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from the dwelling or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. (3) Remove that portion of any trees that extend within 10 feet of the outlet of any chinmey or stovepipe. (4) Maintain any tree adjacent to or overhanging any building free of dead or dying wood. (5) Maintain the roof of any structure free of leaves, needles, or other dead vegetation growth. (6) Provide and maintain at all times a screen over the outlet of every chimney or stove pipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed and installed in accordance with the California Building Standards Code. 1406 Abatement Procedures. 1406.1 Order to Abate. The Chief ofthe Fire District("Chief')or("Fire Chief')may order the 11 abatement of the weeds and rubbish described in Section 1404. On malting the order,the Chief ,shah mail a copy of a notice to the owner of the affected property as the owner's address appears upon the current and last county equalized assessment roll or as his/her address is known to this jurisdiction. As an alternative to mailing, the notice may be posted upon the affected property and published in a newspaper of general circulation in this jurisdiction,not less than.ten(10)days prior to the date of the abatement bearing. Copies of the notice shall be headed with the words "Notice to Abate Weeds, Dead or Dying Vegetation, and Rubbish" in letters at least one inch high. The notice shall be in substantially the following form: NOTICE TO ABATE WEEDS,DEAD OR DYING VEGETATION, RUBBISH AND OTHER VEGETATION THAT CONSTITUTE A FIRE HAZARD You are hereby notified that weeds, dead or dying vegetation,rubbish and other vegetation that 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 references to attached map.) You are hereby notified to remove the hazardous vegetation and/or rubbish within fifteen(15) days from the date of this notice. If you fail to do so, it will be removed by the Moraga-Orinda Fire Protection District and the cost of abatement, including administrative costs, will be collected in the same manner as property taxes and will be made a lien or assessment on your property until paid. You are hereby further notified that the Board of Directors has declared by ordinance that such weeds, dead or dying vegetation, rubbish and other vegetation that constitute a public nuisance and fire hazard and that such weeds and dead or dying vegetation also constitute a seasonal and recurring nuisance and fire hazard. You may appear before the Board of Directors of the Fire District on(time and date)at(place- room, street, address, and city)to show cause why this order should not be enforced. (Signed): James J. Johnston, Chief, Moraga-Orinda Fire Protection District. 1406.2 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 placer/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. 1406.3 Contract Award. If the owner fails to comply with the order,the Chief 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. Any contract previously awarded as provided above in this subsection and which has been fully 12 ......... extended as provided in that contract,it may thereafter be exuded on its same terms and conditions for a finiher period(not to exceed one year)by agreement of the Board of Directors and involved contractor. 1406.4 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 or 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 main entrance to the Fire District fire stations 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 Fire District and shall be mailed to the owner(s)of the affected property at the owner's last address shown upon the current and last county equalized assessment or his or her address known in this jurisdiction at least ten(10)days before the hearing. At the time fixed for receiving and considering the report,the Board of Directors will 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, the report shall be confirmed by resolution. The amounts of the cost, including administrative costs, for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special assessment against the respective parcels of land, and are alien on the property for the amount of the respective assessments. Such a lien attaches upon recordation in the office of the County Recorder of the County in which the property is situated, after receipt of a certified copy of the Resolution of Confirmation by the County Recorder of the County. 1406.5 Cost Assessments. Upon confirmation of the report of costs by the Board of Directors of the Fire District 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 procedures and remedies in case of delinquency as provided for ordinary county nixes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessments. 1407 Fir ebreaks/F'uelbresks. In lieu of ordering abatement as provided in Section 1405, the Chief may order the preparation of firebreakslfuelbreaks around parcels of property at which combustible weeds, crops, or brush are present. In determining the proper width for firebreakslfuelbreaks,the Chief shall consider the height of the growth, weather conditions, topography, and accessibility to the property for fire protection equipment. The procedure set forth in Section 1406 for the abatement of weeds, dead or dying vegetation, and rubbish shall also apply to the preparation of firebreaksffuelbreaks. 1408 Peat Fire, Penalties Therefore. 13 1408.1 It is the duty of each person,firm, corporation or association not to permit a peat fire 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. 1408.2 Ifthere 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 of occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District 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 providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectible 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 5204.5.2 Maximum Capacity within Established Limits. Section 5204.5.2 is amended as follows: Section 5204.5.2 Maximum Capacity within Establishing Limits. Within the limits established by law restricting the storage of CNC for the protection of heavily populated or congested commercial areas, any central business district, urban area or suburban area(as defined by this code),the aggregate capacity of any one installation shall not exceed 183,000 cubic feet(S 181 974 L) Section 7701.7.2 Limits Established By Law. Section 7701.7.2 is amended as follows: Section 7701.7.2 Limits Established By Law. Storage of explosive materials is prohibited in heavily populated or congested commercial areas, any central business district, urban area or suburban area(as defined by this code). Section 7902.2.2.1 and 7904.2.5.4.2 Locations Where Aboveground Tanks Are Prohibited. Section 7902.2.2.1 and 7904.2.5.4.2 are amended as follows: Section 7902.2.2.1 and 7904.2.5.4.2 Locations Where Aboveground Tanks Are Restricted. Storage of Class I and II liquids in aboveground tanks outside of buildings is restricted in any central business district, urban area or suburban area as defined by this Code. 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 the California Health& Safety Code and/or county regulations, 14 the Fire District may coordinate efforts to minimize duplication. If Contra Costa County health and safety regulations and the provisions of this ordinance conflict, the more restrictive provisions shall apply to the extent permitted by law. 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 H-E. 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 I1-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: Section 8001.3.4 Emergency Response Support Information. Cabinets for emergency information storage shall be required outside of facilities or buildings to limit the risk to responders. 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 any central business district,urban area or suburban area as defined by this code, the aggregate opacity of any one installation shall not exceed a 2,000-gallon(7571 L)water capacity. APPENDIX III-D. Fire Department Access Guidelines. Appendix III-D is amended by the following: 6.1 Grades. The gradient for Hire department access roadways or streets shall be in accordance with UFC Section 902.2.2.6. The maximum grade allowed is 15 percent. The gradient shall not exceed the maximum approved. Section 6. APPEALS Whenever the Chief disapproves an application or refuses to grant a permit, 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 the decision of the Chief to the Board of Directors within 30 days by submitting a written request for an appeal, 15 __ _ _. . which states the specific basis for the appeal and the relevant facts to the District Clerk. Section 7. NEW MATERIALS,PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE RE PERMITS. The Chief and the Chief of the Bureau of Fiore Prevention and a designated Fiore District Battalion Chief 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 requiredin addition to those now enumerated in the Uniform Fire Code. The Chief of the Bureau of Fire Prevention shall post such a list in a conspicuous place at the Bureau of Fire Prevention and distribute copies thereof to interested persons. Appeals may be made pursuant to the provisions of Section 5. Section 8. PENALTIES, 8.1 Every person who violates any provision of this ordinance and any provision of the Uniform Fire Code as adopted by reference herein are guilty of a misdemeanor as punishable in Penal.Code Section 19. 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 and every day 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 by Fire District or its duly authorized agents or to prevent Fire District from obtaining any other remedy available at law. This section is a declaration of Section 13871 of the Health and Safety Code and is not intended to create a different or separate penalty. 8.2 The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by Fire District or its duly authorized agents. Section 9. RESCISSION OF PREVIOUS FIRE DISTRICT ORDINANCES ADOPTING EARLIER VERSIONS OF THE UNIFORM FIRE COME, CALIFORNIA FIRE CODE AND ORDINANCE#99-1,WEED ABATEMENT ORDINANCE. Upon its effective date,this ordinance shall supersede any and all previous ordinances adopting earlier versions of the uniform Fire Code,the California Fire Code, Ordinance#99-1, reference weed abate ordinance, and any and all such previous ordinances shall be rescinded in their entirety. Section 10. VALIDITY. The Board of Directors of the Fire District hereby declares that should any section, 16 paragraph, sentence or word of these ordinances or of the Uniform Fire Code as adopted and amended herein be declared for any reason to be invalid by a court of competent jurisdiction, it is the intent of the Board of Directors that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 11. EYFECTIVE DATE,URGENCY ORDNANCE. This Ordinance is an urgency ordinance necessary for the immediate protection and preservation of the public peace, health, safety or welfare within the meaning of Article IV, Section 8(d)of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to maintain the high level of fire protection and emergency services provided to citizens in the Fire District area in a more efficient manner while reducing operating and administration costs, as desired by the citizens ofMoraga and Orinda as expressed by these citizens in their approval of various ballot measures voted into law in 1995 and June 1997, it is necessary for this Ordinance to take effect immediately. 17 _. ... PASSED,APPROVED and ADOPTED this 18'day of September, 2002 at the regular meeting of the Fire District Directors held on September 18, 2002, at 1280 Moraga Way, Moraga, California 94556, on motion made by Director Wilson seconded by Director Nathan and duly carried with the following roll call vote. AYES: Wilson, Nathan, Ho, Gottfried, Scurr NOES: none ABSENT: none ABSTAIN: node Dated: September 18, 2002 Pr ent oard of Directors I certify that this is a full,true and correct copy of the original document which is on file in my office, and that was passed and adapted by the Moraga-©rinda Fire Protection Fire District on the date shown. ATTEST: Clerk to the Board APPROVED AS TO FORINT: APPROVED AS TO CONTENT: `t William D. Russ, District Counsel 6f4ji�stricdcCVW 18