HomeMy WebLinkAboutMINUTES - 02122008 - C.14 TO: BOARD OF SUPERVISORS Contra
FROM: Silvano B. Marchesi, County Counsel - Costa
J
DATE: February 12, 2008
SUBJECT: Ratification of Rodeo-Hercules County
Fire Protection District Ordinance No. 01-08
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . RATIFY Rodeo-Hercules Fire Protection District Ordinance No. 01-08, 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:
Whenever a fire protection district adopts an ordinance that establishes building standards relating
to fire safety that may be more stringent than State Fire Marshal and State Building Standards Code
requirements, the fire protection district's regulations are not effective within the jurisdictional
boundaries of the unincorporated area of the County unless and until the Board of Supervisors
ratifies the ordinance. (Health and Saf. Code, § 13869.7.)
This Board Order ratifies the Rodeo-Hercules Fire Protection District's adoption of the 2007
California Fire Code with the District's local amendments. This Board Order modifies the District's
ordinance by providing for the retention of Board of Supervisors' discretion for final County approval
of entitlements, completion of development improvements, and issuing of County stop work orders
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 the District's Ordinance No.
01-08 concerning fire sprinkler systems in buildings.
CONTINUED ON ATTACHMENT: x YES SIGNATURE: ' t"u
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_ OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SISIGNATURE(S):
- --- - -- -------- -------------------------------- ----------------------------------------------------
ACTION OF
BOARD O r APPROVE AS RECOMMENDED OTHER
Ll V
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT Ondi ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN: G
ATTESTED
CONTACT: Thomas L.Geiger,335-1813 JOHN CULLENWLERKTDF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: County Administrator's Office
Building Inspection Department
Community Development Department
Rodeo-Hercules Fire Protection District
BY DEPUTY
H:\2007\Rre Dlstncls\R-H Board Order wpd
CONTRA COSTA COUNTY MODIFICATIONS TO
RODEO-HERCULES FIRE PROTECTION DISTRICT ORDINANCE NO. 01-08
1. § 503 —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.
2. § 505 —Street names and addressing. This section is modified to clarify that the County
fully retains its authority pursuant to law to determine unincorporated area street names
and addresses.
3. § 508 —Water supplies. Same as § 503 except limited to the reservation of County
discretion involving the provision of water for domestic use.
4. Appendix Chapter 1, § 102—ApplicabilitX. This section is modified to clarify that it does
not mandate the performance or non-performance of any act by the County and its
planning agency, officers and employees, and to clarify that the District has no legal
authority to prescribe the governmental discretion and actions of the County and its
officers and employees. County staff is hereby directed to cooperate to the greatest
reasonable extent (subject to applicable County and State rules and regulations)with the
District concerning the subjects of this section and Ordinance No. 07-01.
5. Appendix Chapter 1,§ 111 —Stop orders. This section as modified and clarified does not
mandate the county building inspector or other county official or agency to issue any stop
work orders or to perform or not perform any act, and with this clarification is the same
as Appendix Chapter 1, § 102 above.
6. Section 15 —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.
7. Modified ordinance ratification. In ratifying Ordinance No. 01-08, the Board of
Supervisors has not reviewed and passed upon any"Findings of Need"that may have
been prepared by the District or other documentation, nor has it reviewed and passed
upon the scope of the district's Health and Safety Code regulatory authority.
8. Enforcement. The Chief of the Rodeo-Hercules Fire Protection District is authorized to
enforce Rodeo-Hercules Fire Protection District Ordinance No. 01-08 within those
portions of the District located within the unincorporated area of Contra Costa County.
(Health and Saf. Code, § 13869.7(h)(1)(A).)
ORDINANCE# 01-08
AN ORDINANCE OF THE RODEO-HERCULES FIRE PROTECTION DISTRICT OF CONTRA
COSTA COUNTY, CALIFORNIA, ADOPTING, THE 2007 CALIFORNIA BUILDING STANDARDS
CODE, TITLE 24, CALIFORNIA CODE OF REGULATIONS, PART 9, CALIFORNIA FIRE CODE
(WITH CERTAIN AMENDMENTS); AND BY REFERENCE, THE INTERNATIONAL FIRE CODE,
2006 EDITION; REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND
PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE,
HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND
FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF
BUILDINGS AND PREMISES IN THE RODEO-HERCULES FIRE PROTECTION DISTRICT,
ESTABLISHING A FIRE PREVENTION DIVISION AND PROVIDING OFFICERS THEREFORE
AND DEFINING THEIR POWERS AND DUTIES; PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 1-03 OF THE
RODEO-HERCULES FIRE PROTECTION DISTRICT AND ALL OTHER ORDINANCES AND
PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.
THE BOARD OF DIRECTORS, AS THE GOVERNING BODY OF THE RODEO-HERCULES FIRE
PROTECTION DISTRICT DOES ORDAIN AS FOLLOWS:
SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE.
1.1 It is hereby adopted by the Board of Directors of the Rodeo-Hercules Fire Protection District,
(District) for the purpose of prescribing regulations governing conditions hazardous to life and property
from fire or explosion, that certain Codes and Standards known as the 2007 California Building Standards
Code, Title 24, California Code of Regulations, Part 9, (California Fire Code), and by reference the 2006
International Fire Code published by the International Code Council, Inc., including appendices Chapters
1, 4, A, B, C, E, F, G, and H, save and except such portions as are deleted, modified or amended by
SECTION 9 of this Ordinance, of which not less than three (3) copies each have been and are now filed in
the District, Fire Prevention office 1680 Refugio Valley Road, Hercules, CA 94547, for use and
examination by the public; one copy shall also be provided to each ratifying agency. Said Code is
adopted by reference pursuant to Section 50022, et seq., of the Government Code of the State of
California, and the same is hereby adopted and incorporated as fully as if set out at length herein and from
the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the
limits of the District.
SECTION 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION DIVISION.
2.1 The California Fire Code as adopted and amended herein shall be enforced by the District, Fire
Prevention Division which is hereby established and which shall be operated under the supervision of the
Fire Marshal.
2.2 The Fire Marshal in charge of the Fire Prevention Division shall be appointed by the Chief of the
District on the basis of examination to determine his or her qualifications for the position.
2.3 The Chief of the District shall recommend to the Board of Directors the employment of technical staff
members, who, when such authorization is made, shall be selected on the basis of examination to
determine their qualifications for the position.
SECTION 3. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF
HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED.
3.1 The limits referred to in Section 2701.1.3 of the California Fire Code in which the storage of
hazardous materials is prohibited or restricted is hereby established as follows: Any area which is zoned
for other than commercial, industrial, or agricultural use.
SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF
COMPRESSED NATURAL GAS IS TO BE PROHIBITED.
4.1 The limits referred to in Section 3001.1.1 of the California 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 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF
STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS ARE TO BE PROHIBITED.
5.1 The limits referred to in Section 3201.1.1 and 3204.3.1.1 of the California Fire Code in which the
storage of flammable cryogenic fluids in stationary containers is prohibited is hereby established as
follows: Any area which is zoned for other than industrial use.
SECTION 6. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED
PETROLEUM GASES IS TO BE RESTRICTED.
6.1 The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied
petroleum gas is restricted, are hereby established as follows: Any central business district area as defined
by this code, any area which is zoned for other than commercial, industrial, rural, or agricultural use.
SECTION 7. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
EXPLOSIVES AND BLASTING AGENTS TO BE PROHIBITED.
7.1 The limits referred to in Section 3308.2.1 of the California 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 8. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS; BULK
PLANTS OR TERMINALS; AND BULK TRANSFER OPERATIONS IS TO BE PROHIBITED.
8.1 The limits referred to in Section 3404.2.9.5.1 of the California Fire Code in which storage of Class I
and II 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.
8.2 The limits referred to in Section 3406.4.5.1 of the California Fire Code in which bulk plants or
terminals 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.
8.3 The limits referred to in Section 3406.5.1.1.1 of the California Fire Code in which bulk transfer and
process transfer operations of 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 9. AMENDMENTS TO THE CALIFORNIA FIRE CODE.
202 Definitions. Section 202 is amended by adding definitions as follows:
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Administrator. Shall mean the Chief of the District.
All-weather surface. Shall mean a finished surface with asphalt, concrete, or road pavers.
Board of Directors. Shall mean the governing body of the District.
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.
Chief, Shall mean the fire code official.
Corporation counsel. Shall mean the Attorney for the District.
District Board. Shall mean the Board of Directors of the District.
Firebreak. Shall mean a continuous strip of land upon and from which all rubbish, weeds, grass or
other growth that could be expected to burn has been abated or otherwise removed in order to prevent
extension of fire from one area to another.
Fire code official. Shall mean the Fire Marshal.
Firetrail. Shall mean a graded firebreak of sufficient width, surface, and design to provide access for
personnel and equipment to suppress and to assist in preventing a surface extension of fires.
Jurisdiction. As used in the California Fire Code shall be held to mean the District.
Response time. Is the elapsed time from receipt of call to the arrival of the first unit on scene.
Rural area. Is that area generally designated for agricultural or open space uses with parcels over 10
acres (4.046873ha) in size.
Rural residential area. Is that area generally designated for single-family residential use with parcels
between 3 (1.2140619ha) and 10 (4.046873ha) acres in size.
Running time. Is the calculated time difference between leaving the first-due station and arriving on
the emergency scene.
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 (1.2140619ha) in
size.
Temporary fire department access road for construction. Is a temporary roadway for emergency
vehicle use during construction of residential subdivision projects.
Temporary fire department access road for construction of one (1) residential (R3) unit. Is a
temporary roadway for emergency vehicle use during construction of an individual residential (R3)
structure where afire department access road is required as part of the project.
Temporary water supply. Is stored water for firefighting purposes in an aboveground tank during
combustible construction.
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.
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304.1.2 Vegetation. Section 304.1.2 is amended as follows:
304.1.2 Vegetation. Hazards created by the growth of weeds, grass, vines, diseased or dead trees, or
other growth capable of being ignited and endangering property shall be mitigated in accordance with
Section 316.
311.2 Safeguarding vacant premises. Section 311.2 - Subsection 311.2.2 is amended by deleting
exception number 1 and amending exception number 2 as follows:
311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an
operable condition at all times.
Exception: Where buildings will not be heated and fire protection systems will be exposed to
freezing temperatures sprinkler systems are permitted to be placed out of service and standpipes
permitted to be maintained as dry systems (without an automatic water supply) provided the
building has no contents or storage, and windows, doors and other openings are secured to prohibit
entry by unauthorized persons.
Chapter 3 General precautions against fire. Chapter 3 is amended to add Section 316 as follows:
316 Exterior Fire Hazard Control.
316.1 General.
316.1.1 Delegation of power.
316.1.2 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 the
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.
316.1.3 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.
316.2 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 fluffy nature or are subject to flight.
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 that are otherwise noxious or dangerous.
4. Poison oak and poison sumac when the conditions of growth are such as to constitute a
menace to public health.
4
5. Dry grass, stubble, brush, litter, or other flammable materials that endanger the public safety
by creating a fire hazard.
Rubbish. Means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the
jurisdiction which is, or when dry may become, a fire hazard.
Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs,
highways, public right of ways, private road, 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 316.5.4 of this Ordinance.
316.3 Public nuisance.
316.3.1 Weeds and rubbish. The Board hereby declares that all dead trees or 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.
316.4 Abatement of hazard.
316.4.1 Weeds, dead trees and rubbish to be destroyed or removed.
316.4.1.1 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 weeds, trees, or other vegetation, which
constitutes a fire hazard.
316.4.1.2 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.
316.4.1.3 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 Directors and may
be modified periodically as circumstances dictate.
316.4.1.4 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.
316.5 Abatement procedures.
316.5.1 Abatement order. The fire code official of this jurisdiction may order the abatement of
weeds, trees, and rubbish as described in Sections 304.1.2 and 316.2. On making the order, the fire
code official of this jurisdiction shall mail a copy of a notice to the owner of the affected property as
he/she and his/her address appear upon the current and last county equalized assessment roll as of
January 1 of each calendar year, or as his/her address is known to this jurisdiction. As an alternative
to mailing, the notice may be posted upon the affected property and published in this jurisdiction, not
less than fifteen (15) days prior to the date of the abatement hearing. Copies of the notice shall be
headed with the words "Notice to Abate Weeds and Rubbish" in letters at least one inch high. The
notice shall be in substantially the following form:
5
NOTICE TO ABATE WEEDS, DEAD TREES AND RUBBISH
You are hereby notified that weeds, dead trees, 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, dead trees and rubbish within fifteen (15) days from the
date of this notice. If you fail to do so, the Rodeo-Hercules Fire Protection District will remove it and the
cost of the abatement, including administrative costs, will be collected as property taxes and will be a lien
on your property until paid. The lien may prevent the sale of the property and it shall be the responsibility
of the property owner upon payment of the property taxes to have the lien removed. Contact the Fire
District for a release of lien that must be filed by the property owner at the County Recorder's Office.
You are hereby further notified that the Board of Directors has declared that such weeds, dead trees
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, and city) to show cause why this order should not be enforced. (Signed): (Name of fire
code official of name of jurisdiction)
316.5.2 Hearing date. A date for hearing on the notice shall be sent at least fifteen (15) days after the
date of this notice. The date of the notice is the date on which the notice is placed in the United States
mail or the date on which it is posted on the property. At the hearing, the property owner or his agent
may appear to show cause why the order shall not be enforced. For good cause shown, the Board of
Directors may extend the time for compliance with the order or may rescind the order.
316.5.3 Contract award. If the owner fails to comply with the order, the fire code official of this
jurisdiction may have the weeds and rubbish abated either by employees of this jurisdiction or by
contract. A contract may include work on more than one parcel.
316.5.4 Abatement report of costs. The fire code official or his or her designee abating the nuisance
shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall
render an itemized report in writing to the Board of Directors showing the cost of removing the weeds,
dead trees and rubbish on or in front of each separate lot or parcel of land, or both. Before the report
is submitted to the Board of Directors, a copy of it shall be posted for at least three days on or near the
chamber door of the Board with a notice of the time and when the report will be submitted to the
Board for confirmation. Said report and notice shall also be posted for the said three days in two other
public places in the District. At the time fixed for receiving and considering the report, the Board of
Directors shall hear it and any objections of any of the property owners liable to be assessed for the
work of abatement. Thereupon, the Board of Directors may make such modifications in the report, as
it deems necessary, after which by order of resolution, the report shall be confirmed. The amounts of
the cost, including administrative costs, for abating the nuisance in front of or upon the various parcels
of the land mentioned in the report as confirmed shall constitute special assessment against the
respective parcels of land, and are a lien on the property for the amount of the respective assessments.
Such lien attaches upon recordation in the office of the County Recorder of the County in which the
property is situated of a certified copy of the Resolution of Confirmation.
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316.5.5 Cost assessments. Upon confirmation of the report of cost by the Board of Directors of this
jurisdiction and the recordation of the Resolution of Confirmation by the administrator, a copy of the
report of cost shall be sent to the County Auditor, who shall enter the amount of the assessments
against the parcels. Thereafter the amount of the assessments shall be collected at the same time and
in the same way as County taxes are collected. The owners are subject to the same penalties and the
same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws
applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment
taxes.
316.6 Alternate mitigation.
316.6.1 Firebreaks/fuelbreaks. In lieu of ordering abatement as provided in Section 316.5.1, the fire
code official of this jurisdiction may order the preparation of firebreaks/fuelbreaks around parcels of
property where combustible weeds, crops, or brush are present. In determining the proper width for
firebreaks/fuelbreaks, the fire code official shall consider the height of the growth, weather condition,
topography, and the accessibility to the property of fire protection equipment. The procedure set forth
in Section 316.5.1 for the abatement of weeds and rubbish shall apply to the preparation of
firebreaks/fuelbreaks.
316.7 Subsurface fire, penalties therefore.
316.7.1 Peat fire. It is the duty of each person, firm, corporation, or association not to permit a peat
fire in or a fire involving combustible vegetable materials under the surface of the natural ground to
remain upon his property. It is hereby declared that it is the duty of any person as herein defined to
take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at
his own cost and expense.
316.7.2 Fire suppression costs. If there exists upon the lands of any person as herein defined a
subsurface fire involving the burning or combustion of peat or vegetable matter and the owner or
occupant thereof has not 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)
401.3.1 Making false report. Section 401.3.1 is amended to re-title the section Reporting of emergencies
and false alarms and by adding a new subsection 401.3.1.1 as follows:
401.3.1.1 False alarm fee. A fee may be charged for false alarms according to the current and
accepted Office of Emergency Services (OES) schedule for apparatus and personnel costs as it relates
to the Rodeo-Hercules Fire Protection District. See Fire District Fee Schedule.
Section 502 Definitions. Section 502 is amended to add the following definition:
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ALL WEATHER-DRIVING SURFACE. A roadway designed to carry the imposed weight loads of
fire apparatus complete with all underground utilities, curbs, gutters, and a minimum surface finish of
one layer of asphalt or concrete or road pavers.
503.1.1 Buildings and facilities. Section 503.1.1 is amended to modify exception 2 and add an exception
4 as follows:
2. At the discretion of the fire code official after reviewing specific fire apparatus access
deficiencies in Group R-3 occupancies the installation of an automatic sprinkler system may be
used as an approved alternative means of protection.
4. The decision to modify, and the extent of any such modification shall be in accordance with
minimum standards established by the fire code official.
503.1.2 Additional access. Section 503.1.2 is amended to add Sections 503.1.2.1 and 503.1.2.2 as
follows:
503.1.2.1 Required additional access roads for residential developments. The minimum number of
access roads serving residential development(s) shall be based upon the number of dwelling units
served as follows:
• 1-75 units, one public or private access road
• 76-150 units, one public or private access road and one emergency access road
• 151+ units, a minimum of two public or private access roads
503.1.2.2 Access to open spaces. When access to open land/space or fire trail systems maintained for
public or private use is obstructed by new development of any kind, the developer shall provide
alternate acceptable access into the area(s), as approved by the fire code official, for fire personnel and
apparatus.
503.2.1 Dimensions. Section 503.2.1 is amended to add subsections 503.2.1.1, 503.2.1.2, and 503.2.1.3 as
follows:
503.2.1.1 Outsets. A fire department access road designed to be a minimum 20 feet (6096 mm) in
width shall be provided with outsets adjacent to and in front of fire hydrants providing a 26-foot (7224
mm) wide roadway for at least 20 feet (6096 mm) in both directions measured from centerline of the
fire hydrant.
503.2.1.2 Parking of vehicles on fire apparatus access roads. For the parking of vehicles on a fire
apparatus access road, roadway widths shall be increased to accommodate the parking of vehicles as
follows:
1. Roadways 20 feet (6096 mm) in width, no parking permitted,
2. Roadways 26 feet (7224 mm) in width, parking permitted on one side only. Parking is
permitted on the side of the street absent fire hydrants, and
3. Roadways 36 feet (10 973 mm) in width when parking is not restricted.
503.2.1.3 Road widths for fire department access roads serving 1 or 2 dwelling units. A fire
department access road serving less than three dwelling units may be a minimum of 14 feet (4267
mm) in width if no parking is permitted on the roadway.
503.2 Specifications. Sections 503.2.4 and 503.2.5 are amended as follows:
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503.2.4 Minimum turning radius. A fire department access road shall have a minimum standard
turning radius of 20 feet (6096 mm) inside and a 40-foot (12 192 mm) outside diameter.
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 150 feet (45 720 mm) in length
shall be provided with an approved area for turning around fire apparatus.
503.2.7 Grade. Section 503.2.7 is amended in its entirety and replaced as follows:
503.2.7 Grade. A fire department access road having a grade of between 15% and 20% shall be
designed to have a finished surface of grooved concrete or rough asphalt to hold a 40,000-pound (18
144 kg) traction load. Design for grooved concrete shall be '/4 inch (6 mm) wide by '/a inch (6 mm)
deep and 3/4 inch (19 mm) on center. Grades exceeding 20% are not permitted.
Exception: Other approved all weather surfaces may be used if the skid resistance is equivalent to
or greater than grooved concrete as certified by a registered engineer and approved by the fire
code official.
503.2 Specifications. Section 503.2. is further amended to add Sections 503.2.8 and 503.2.9 as follows:
503.2.8 Angles of approach and departure. The angles of approach and departure for any means of
access shall not exceed the design limitations of the fire apparatus of the fire department, subject to
the approval of the fire code official.
503.2.9 Roadway minimum design weight load capacity. A fire department access road shall be
designed and maintained to support a minimum load of 40,000 pounds (18 144 kg)(H-20 Cal-Trans
Design Standard) and shall be provided with an all-weather driving surface as specified in this
standard.
503.3 Marking. Section 503.3 Marking is amended by adding Section 503.3.1 Street names and
addressing to read as follows:
503.3.1 Street names and addressing. Street names and addressing shall be submitted for review and
approval to the District, fire prevention division with approval not to be unreasonably withheld.
503 Fire apparatus access roads. Section 503 is amended to add a new Section 503.7 as follows:
503.7 Aerial Fire Apparatus Access Roads.
503.7.1 Where required. Buildings or portions of buildings exceeding 35 feet (10 668 mm) in height
above the lowest level of fire department access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines
shall not be located within the aerial fire apparatus access roadway.
503.7.2 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet
(7224 mm) in the immediate vicinity of any building or portion of building more than 35 feet (10 668
mm) in height.
503.7.3 Proximity to building. At least one of the required access routes meeting this condition shall
be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the
building, and shall be positioned parallel to one entire side of the building with the largest vertical
dimension while allowing access to each floor of the building.
9
Exception: Access routes serving structures greater than 75 feet (22 860 mm) in height and
designed to high-rise standards.
508.1 Required water supply. Section 508.1 Required water supply is amended as follows:
508.1 Required water supply. An approved water supply meeting the standards approved by the fire
code official and capable of supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved
into or within the jurisdiction.
508.1 Required water supply. Section 508.1 Required water supply is further amended by adding Sub-
Section 508.1.1 as follows:
508.1.1 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 following minimum quantities of water
dedicated to fire fighting shall be provided:
1. For single-family dwellings up to 2,600 square feet (242 m2) a minimum of 8,000 gallons (30
283 L) shall be provided.
2. For single-family dwellings between 2,601 and 3600 square feet (242 m2 and 335 m2) a
minimum of 12,000 gallons (45 425 L) shall be provided.
3. For single-family dwellings between 3,601 and 5,000 square feet (335 m2 and 465 m2) a
minimum of 16,000 gallons (60 567 L) shall be provided.
4. For single-family dwellings between 5,001 square feet and 8,000 square feet (465 m2 and 743
m2) a minimum of 21,000 gallons (79 494 L) shall be provided.
5. For single-family dwellings between 8,001 square feet and 10,000 square feet (743 m2 and 929
m2) a minimum of 26,000 gallons (98 421 L) shall be provided.
6. For single-family dwellings greater than 10,001 square feet (9743 m2) a minimum of 30,000
gallons (113 562 L) shall be provided.
Exception: Single family dwellings protected throughout by an automatic fire sprinkler system
designed and installed in accordance with CBC Section 903.3.1.3 extended to include protection
of attached garages and attics, quantities of water storage may be reduced by 50%. For protection
of attic spaces, the system shall be designed and calculated to account for four attic sprinklers
flowing utilizing sprinklers listed for residential protection.
508.2 Required water supply. Section 508.2 Required water supply is further amended by adding Sub-
Section 508.2.3 as follows:
508.2.3 Suburban and rural water supply storage. Swimming pools, ponds, and underground
cisterns that would require a drafting operation shall not be considered water storage for the purposes
of Section 508.1.1.
Chapter 5 Fire service features. Chapter 5 is amended to include Section 511 Building public-safety
radio amplification system as follows:
511 Buildings including underground parking structures - public-safety radio amplification
systems.
511.1 General. Except as otherwise provided, no person shall erect, construct, change the use of or
provide an addition of more than 20% to, any building or structure or any part thereof, or cause the
10
same to be done, that fails to support adequate radio coverage of public safety agencies, including but
not limited to firefighters and police officers. For purposes of this section, adequate radio coverage
shall include all of the following:
1. A minimum signal strength of -95 dBm available in 90% of the area of each floor of the
building when transmitted from the closest public safety communications system site;
2. A minimum signal strength of -95 dBm received at the closest public safety communications
system site when transmitted from 90% of the area of each floor of the building;
3. The frequency range that must be supported shall be the current band of frequencies used by
either the District or County communications systems;
4. A 100% reliability factor. When measuring the performance of a bi-directional amplifier, signal
strength measurements are based on one input signal adequate to obtain a maximum continuous
operating output level.
Exception. This section shall not apply to buildings less than 20,000 square feet (465 m2) or of
wood frame construction or buildings classified as Group R-3.
511.2 Amplification system permitted. Buildings and structures that cannot support the required
level of radio coverage shall be equipped with either a radiating cable system or an internal multiple
antenna system with FCC type accepted bi-directional amplifiers as needed. If any part of the
installed system or systems contains an electrically powered component, the system shall be capable
of operating on an independent battery and/or generator system for a period of at least 12 hours
without external power input. The battery system shall automatically charge in the presence of an
external power input. If used, bi-directional amplifiers shall include filters to reduce adjacent
frequency interference. These filters shall be tuned to so that they will be 35 db below the
communications system frequencies.
603.6 Chimneys and appliances. Section 603.6 is amended by adding subsection 603.6.6 and 603.6.7 as
follows:
603.6.6 Sparks from chimneys. Chimneys used with fireplaces or heating appliances in which solid
or liquid fuel is used shall be maintained with a spark arrester as required for incinerators by the
Mechanical Code.
603.6.7 Spark Arresters. Spark arresters shall be maintained and or replaced if corroded or damaged.
608 Stationary storage battery systems. Section 608 is amended by adding Section 608.1.1 as follows:
608.1.1 Permits. A permit is required to operate a stationary lead acid battery system for standby
power systems having a electrolyte capacity of more than 50 gallons (189 L) and/or more than 1,000
pounds ((454 kg) of lithium-ion, see Section 105.6.49.
806 Decorative vegetation in new and existing buildings. Section 806 Decorative vegetation in new and
existing buildings is amended by adding Sections 806.1.4, 806.1.5 and 806.1.6 as follows:
806.1.4 Flame retardance. Trees shall be treated by a California State Fire Marshal licensed fire
retardant applicator. Trees shall be properly treated with an approved flame retardant.
11
806.1.5 Tags. Trees shall bear a tag stating date of placement in the public building, type of flame-
retardant treatment used, name of the person who applied the flame retardant, the name of the person
affixing the tag, a permit expiration date and the name of the designated individual making daily tests.
806.1.6 Daily tests. Trees shall be tested daily by a designated individual. The test shall include a
check for dryness and adequate watering.
903 Automatic sprinkler systems'. Section 903 Automatic sprinkler systems is adopted unless otherwise
amended as follows:
903.1. General. Automatic sprinkler systems shall comply with this section.
903.1.2. 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.
903.2 Where required. Approved automatic sprinkler systems shall be installed in new buildings and
structures as set forth in Section 903.2 as amended, on the basis of occupancy classification, type of
construction and square footage as specified in Table 903.2. The floor areas set forth in Table 903.2
shall be the total floor area of buildings or structures irrespective of area separation walls.
Calculation of the total floor area of Group R-3 occupancies shall include unfinished areas having a
clear height of 7 feet (2134 mm) or greater. Unfinished areas may utilize California Building Code
Section 1208.2, Exception 2 for determination of floor areas to be included in the overall floor area
calculation.
Exceptions:
1. Systems that are required to mitigate deficiencies shall be installed in accordance with
requirements as deemed necessary by the fire code official.
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings
containing Group-A occupancy as provided in this section. For Group A-5 occupancies, the
automatic sprinkler system shall be provided in the spaces indicated in California Fire Code
Section 903.2.1.5.
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1
occupancies where the fire area exceeds the square footage based on type of construction in Table
903.2.
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2
occupancies where the fire area exceeds the square footage based on type of construction in Table
903.2.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3
occupancies where the fire area exceeds the square footage based on type of construction in Table
903.2.
' See Rodeo-Hercules Fire Protection District Finding Of Need For Changes Or Modifications In The 2007 California Building
Standards Code,Title 24,California Code of Regulations,Part 9,(California Fire Code)Due To Local Conditions.
12
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4
occupancies where the fire area exceeds the square footage based on type of construction in Table
903.2.
903.2.1.5 Group A-5. See California Fire Code.
903.2.1.6 Group B. An automatic sprinkler system shall be installed throughout buildings containing
Group B occupancy where the fire area exceeds the square footage based on type of construction in
Table 903.2.
903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies where
the fire area exceeds the square footage based on type of construction in Table 903.2.
903.2.3 Group F-1. An automatic sprinkler system shall be provided throughout all buildings
containing Group F-1 occupancy where the square footage based on type of construction in Table
903.2.
903.2.3.1 Woodworking operations. See California Fire Code.
903.2.3.2 Group F-2. An automatic sprinkler system shall be provided throughout all buildings
containing a Group F-2 occupancy where the fire area exceeds the square footage based on type of
construction in Table 903.2.
903.2.4 Group H. See California Fire Code.
903.2.5 Group I. See California Fire Code.
903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings containing
Group M occupancy where the square footage based on type of construction in Table 903.2.
903.2.6.1 High-piled storage. See California Fire Code.
903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be
provided throughout all buildings with a Group R fire area.
Exceptions:
1. In detached one-and two family dwellings an automatic sprinkler system installed in
accordance with Section 903.3.1.2 or 903.3.1.3 shall be provided where the fire area
exceeds the square footage based on type of construction in Table 903.2.
2. Detached Group U private garages accessory to Group R-3 occupancy.
3. See California Fire Code.
4. See California Fire Code.
5. See California Fire Code
Section 903.2.7. Section 903.2.7 is further amended by adding Sub-Section 903.2.7.1 as follows:
903.2.7.1 Mitigation. In a R-3 one or two family type dwelling to mitigate problems with access
or water supply. The installation of a fire sprinkler system shall be at the discretion of the Fire
Chief.
13
903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-1 occupancy where the fire area exceeds the square footage based on type of
construction in Table 903.2.
903.2.8.1 Repair garages. An automatic sprinkler system shall be provided throughout all
buildings containing a repair garage where the fire area exceeds the square footage based on type
of construction in Table 903.2 for Group S-1 occupancy.
903.2.8.2 Bulk storage of tires. See California Fire Code.
903.2.9 Group S-2. An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-2 occupancy where the fire area exceeds the square footage based on type of
construction in Table 903.2.
Exception: Enclosed parking garages located beneath Group R-3 occupancies if not otherwise
required to be protected by an automatic sprinkler system.
903.2.9 Group S-2 Section 903.2.9.2 is amended to add subsection 903.2.9.2 as follows:
903.2.9.2 Group U. An automatic sprinkler system shall be provided throughout all buildings
containing Group U occupancy where the fire area exceeds the square footage based on type of
construction in Table 903.2.
903.2.10 Windowless stories in all occupancies. See California Fire Code.
903.2.10.1 Stories and basements without openings. See California Fire Code.
903.2.10.3 Buildings 55 feet or more in height. Section 903.2.10.3 Buildings 55 feet (16 764 mm) or
more in height is amended to read as follows:
903.2.10.3 Buildings three stories or more than 35 feet in height. An automatic sprinkler system
shall be installed in all occupancies regardless of type of construction, floor area, or occupant load if
the building is three or more stories or more than 35 feet (10 668 mm) in height measured in
accordance with California Building Code Chapter 5.
Exception: One and two family dwellings provided they meet minimum access and water supply
requirements and do not exceed the square footage set forth in Table 903.2.
903.3.5 Water supplies. Section 903.3.5 Water supplies is amended to add subsection 903.3.5.3 as
follows:
903.3.5.3 Non-permissible water supply storage. Swimming pools, ponds, and underground cisterns
shall not be considered water storage for the purposes of Section 903.3.5.
Exception: Secondary water supplies for fire pumps in commercial buildings where the primary
water supply is provided by a municipal water purveyor.
903.6 Existing buildings. Section 903.6 Existing buildings is amended by adding Sections 903.6.2,
903.6.3, 903.6.4 and 903.6.4.1 as follows:
Section 903.6 Existing buildings. The provisions of this section are intended to provide a reasonable
degree of safety in existing structures not complying with the minimum requirements of the
California Building Code by requiring installation of an automatic fire-extinguishing system.
14
903.6.1 Pyroxylin plastics. All structures occupied for the manufacture or storage of articles of
cellulose nitrate (pyroxylin) plastic shall be equipped with an approved automatic fire-
extinguishing system. Vaults located within buildings for the storage of raw pyroxylin shall be
protected with an approved automatic sprinkler system capable of discharging 1.66 gallons per
minute per square foot (68 L/min/m2) over the area of the vault.
903.6.2 Additions, alterations, or remodels. In existing buildings any addition, alteration, or
remodel which causes the total square footage to exceed the allowable floor area per Table 903.2
by more than 10 percent, shall require the entire building be protected by an automatic sprinkler
system installed in accordance with Section 903.3.
Exception: For Group R-3 occupancies see Sections 903.6.4 and 903.6.4.1.
903.6.3 Change in use, character or occupancy classification. Existing buildings, which
undergo a change in use, character, or occupancy classification, shall require the entire building be
protected by an automatic sprinkler system installed in accordance with Section 903.3 when the
area of the building exceeds the allowable square footage in Table 903.2.
903.6.4 Additions, alterations, or remodels of Group R-3 occupancies. Not withstanding the
fire-flow requirements found in Appendix B, for Group R-3 occupancies, additions, alterations, or
remodels that increase the existing floor area by more than 50 percent and exceed a total floor area
of 3,600 square feet (465 m2), inclusive of floor area calculation requirements found in Section
903.2 shall require the entire building be protected by an automatic sprinkler system.
CONTINUED TO NEXT PAGE
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Table 903.2
Summary of Automatic Sprinkler Requirements
TYPE OF CONSTRUCTION (C.B.C. 2007)
OCCUPANCY I II III IV V
A-1 5,000 5,000 5,000 5,000 3,000
A-2 5,000 5,000 5,000 5,000 3,000
A-3 5,000 5,000 5,000 5,000 3,000
A-4 5,000 5,000 5,000 5,000 3,000
A-5 1,000 1,000 1,000 1,000 1,000
B 5,000 5,000 5,000 5,000 3,000
E-(Public) As required by California Building Code
E-(Private) 5,000 5,000 5,000 3,000 3,000
E-Day care 5,000 5,000 5,000 3,000 3,000
F-1 5,000 5,000 5,000 5,000 3,000
F-2 5,000 5,000 5,000 5,000 3,000
H Div. 1 All All All All All
H Div. 2 All All All All All
H Div. 3 All All All All All
H Div. 4 All All All All All
H Div. 5 All All All All All
I-1 All All All All All
I-2 All All All All All
I-3 All All All All All
I-4 All All All All All
L All All All All All
M 5,000 5,000 5,000 5,000 3,000
R-1 All All All All All
R-2 All All All All All
R-3 3,600a'b 3,600x" 3,600a b 3,600a" 3,600a
R-4 All All All All All
S-1 5,000 5,000 5,000 5,000 3,000
S-2 5,000 5,000 5,000 5,000 3,000
U 5,000 5,000 5,000 5,000 3,000
b. Notwithstanding any other provision of this ordinance or other local law, no amendment contained in this ordinance concerning automatic sprinkler
requirements for one and two family dwelling units shall apply to one and two family dwelling units for which a complete tentative map application
pursuant to the Subdivision Map Act has been submitted to the relevant city or county on or before January 1, 2008. For purposes of this provision,
"amendment" means a modification that creates a more stringent requirement or threshold than is contained in the District's ordinance in effect on
December 31,2007.
16
907.15 Monitoring. Section 907.15 Monitoring is amended by adding Sections 907.15.1 and 907.15.2 as
follows:
907.15.1 Listing of fire alarm systems. All fire alarm systems shall be UL listed Central Station
service systems as defined by the 2002 National Fire Alarm Code. When approved by the fire code
official, 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 that will give an audible and visible signal at a
constantly attended location. A constantly attended location shall mean a location on site
which is staffed 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.
907.15.2 Certification. Fire alarm systems shall be UL Certified and Certificate of Completion and
other documentation listed in Chapter 4, Section 4.5 of the 2002 National Fire Alarm Code shall be
provided for all new fire alarm system installations.
907.15.3 Sprinkler System Monitoring and Alarms. 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.
914.12 Computer rooms. Section 914.12 Computer rooms is added to read as follows:
914.12 Computer rooms. Under floor spaces in a computer room or building with a cement floor
surface containing smoke alarms or a smoke sampling system shall be sealed to eliminate the
production of cement dust.
1024.6 Access to a public way. Section 1024.6 Access to a public way is amended by adding a new
subsection 1024.6.1 as follows:
1024.6.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in
inclement weather and terminate at a public way as defined in the California Building Code.
1401.3 Permits. Section 1401.3 Permits is added in its entirety to read as follows:
1401.3.1 Asbestos-removal operations. For permits to conduct asbestos-removal operations
regulated by Section 1418, see Section 105.6.48.
17
1401.3.2 Temporary fire department access road for construction. For permit to utilize a
temporary fire department access road for construction regulated by Section 1410.2, see Section
105.6.54.
1401.3.3 Temporary fire department access road for construction of one (1) residential (Group
R-3) unit. For permit to utilize a temporary fire department access road for construction regulated by
Section 1410.2.1, see Section 105.6.54.
1401.3.4 Temporary water supply. For permit to utilize a temporary water supply for construction of
residential projects or subdivisions regulated by Section 1412.2, see Section 105.6.55.
1404.2 Waste disposal. Section 1404.2 Waste disposal is amended to include a fourth sentence to read as
follows:
1404.2 Waste disposal. Combustible debris shall not be accumulated within buildings. Combustible
debris, rubbish and waste material shall be removed from buildings at the end of each shift of work.
Combustible debris, rubbish and waste material shall not be disposed of by burning on the site unless
approved. Once removed from a structure, combustible debris shall not be deposited within 20 feet
(6096 mm) of the structure.
1410 Access for firefighting. Section 1410 is amended in its entirety to read as follows:
1410.1 Required access. Approved emergency vehicle access for fire and other emergencies shall be
provided to all construction or demolition sites in accordance with this section.
1410.1.1 Permit. A permit is required for a temporary fire department access road, see Section
105.6.54.
1410.2 Temporary fire department access road for construction. The use of a temporary roadway
in lieu of permanent roadways is limited to April 15'h through October 15''. The fire code official
depending on inclement weather conditions may modify Timelines. A temporary fire department
access road shall be established and maintained as follows:
Exception: A temporary fire department access road for construction of one (1) residential (Group
R-3) unit.
1. Prior to the start of combustible construction the applicant shall call for inspection to verify the
roadway has been installed, meets fire district standards, and is in service.
2. Roadway construction shall include all underground utilities, curbs and gutters with a roadway
sub-base laid and compacted to withstand the imposed weight loads of fire apparatus to a
minimum 40,000 lbs. (18143.7kg).
3. Turn-a-round provisions shall be provided for roadways that exceed 150 feet (45 720 mm) in
length. Turn-a-round provisions should primarily be those designed as part of the project
however, in certain circumstances, alternatives may be submitted for approval by the fire code
official. Turning radius to be 40 feet (12192 mm) inside minimum diameter.
4. Roadways are required to provide emergency vehicle access to the construction site. The
parking of worker vehicles must be monitored to assure a minimum unobstructed roadway
width of 20 feet(6096 mm) is maintained.
5. Roadway grade shall not exceed 15 percent.
18
6. Conditions of permit are to be complied with throughout the duration of the permit timeline.
Attention to maintenance of roadway conditions at all times is required. If at any time
violations of the conditions of permit are observed, a "Stop Work Order" will be issued at
which time all combustible construction will be halted until such time the conditions of the
permit are re-established. For significant or repeated violations of the permit a permanent
"Stop Work Order" will be issued and remain in effect until such time permanent roadways are
installed.
7. Timelines may be modified depending on inclement weather conditions.
1410.2.1 Temporary fire department access road for construction of one (1) residential (Group
R-3) unit. A temporary fire department access road for construction of one (1) residential (Group R-
3) unit shall be established and maintained as follows:
1. Prior to the start of combustible construction the applicant shall call for inspection to verify
roadway has been installed, meets fire district standards, and is in service.
2. Roadways that exceed 150 feet (45720mm) in length shall provide turn-a-round provision
meeting fire district standards.
3. Roadway shall be a minimum unobstructed 14 feet (4268mm) in width. Roadway shall be
installed with a sub-base laid and compacted to withstand the imposed weight loads of fire
apparatus to a minimum 40,000 lbs. (18143.7kg).
4. Roadway grade shall not exceed 15 percent.
5. Conditions of permit are to be complied with throughout the duration of the permit timeline.
Attention to maintenance of roadway conditions at all times is required. If at any time
violations of the conditions of permit are observed a "Stop Work Order" will be issued at which
time all combustible construction shall be halted until such time the conditions of the permit are
re-established. For significant or repeated violations of the permit a permanent "Stop Work
Order" shall be issued and remain in effect until such time the permanent fire department access
road is installed.
1410.3 Obstructions to access roads. Staging of building materials, placement of equipment or
parking of worker vehicles shall not take place within the required width of a fire department access
road.
1410.3.1 Access to structures. Staging of building materials, placement of equipment or parking of
worker vehicles shall not obstruct frontal access to structures under construction or fire hydrants.
1410.3.2 Construction site locks. Site security gates shall be provided with a District padlock.
Application for a District padlock is made through the Fire Prevention Office.
1412 Water supply for fire protection. Section 1412 is amended in its entirety as-follows:
1412.1 When required. An approved water supply for fire protection, either temporary or permanent,
shall be made available as soon as combustible material arrives on the site.
1412.1.1 Permit. A permit is required for temporary water supplies, see Section 105.6.55.
1412.2 Temporary water supply for subdivisions. For construction of residential projects or
subdivisions temporary water supplies are permitted only for construction of model units. Temporary
water supplies shall meet the following requirements:
19
I. Prior to the start of combustible construction the applicant shall call for inspection to verify
temporary water supplies have been provided, meet fire district standards, and are in service.
2. Temporary water storage for firefighting shall be provided in 20,000-gallon (75708.24L) above
ground containers. Minimum tank size to be 20,000-gallon (75708.24L) capacity.
3. Temporary water storage containers shall be located with regards to fire department emergency
vehicle access. Containers shall be a minimum 50 feet (15 240mm) from structures.
4. Temporary water storage containers shall be provided with a 4'/2-inch (114 mm) NST valve
controlled outlet. Outlet shall be so located to provide ready fire department access.
5. At the determination of the fire code official and when deemed necessary, a portable pump with
a minimum capacity of 950 gpm and portable fire hydrant with a minimum of one 4'/2-inch (114
mm) and one 2'/2-inch (64mm) NST connection shall be provided and connected to the
temporary water supply.
6. Temporary water storage containers are to be maintained full at all times. Water storage
containers shall be restricted for fire department use only.
7. Fire department access to temporary water containers and/or portable pumps and fire hydrant(s)
shall be maintained at all times. Obstructions including, but not limited to, worker vehicles or
the staging of building materials is prohibited.
1412.3 Temporary water supply for a single residential unit. For construction of one (1) residential
(Group R-3) unit a temporary water supply may be provided when:
1. A fire hydrant is required of the project and a signed contract between the applicant and the
public water provider is submitted with permit application denoting installation timeline.
2. Prior to the start of combustible construction the applicant shall call for inspection to verify
temporary water supplies have been provided, meet fire district standards, and are in service.
3. Temporary water storage for firefighting shall be provided as deemed necessary in the quantity
determined by the fire code official. Temporary water storage shall be in an above ground
container.
4. Temporary water storage container shall be located with regards to fire department emergency
vehicle access. Container shall be a minimum 50 feet (15240mm) from structure.
6. Temporary water storage container shall be provided with a 4'/2 inch (114 mm) NST valve
controlled outlet. Outlet shall be so located to provide ready fire department access.
7. At the determination of the fire code official and when deemed necessary, a portable pump
with a minimum capacity of 950 gpm and portable fire hydrant with a minimum of one 4'/2-
inch (114 mm) and one 2'/2-inch (64mm) NST connection shall be provided and connected to
the temporary water supply.
6. Temporary water storage container is to be maintained full at all times. Water storage container
shall be restricted for fire department use only.
7. Fire department access to temporary water container and/or portable pumps and fire hydrant(s)
shall be maintained at all times. Obstructions including, but not limited to, worker vehicles or
the staging of building materials is prohibited.
Chapter 14. Chapter 14 is amended to add Section 1418 Asbestos removal as follows:
Section 1418 Asbestos removal
20
1418.1 General. Operations involving removal of asbestos or asbestos-containing materials from
buildings shall be in accordance with Section 1418.
Exception: Section 1418 does not apply to the removal of asbestos from:
1. Pumps, valves, gaskets and similar equipment;
2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400mm);
3. Wall or ceiling panels which have an area of less than 10 square feet (0.93 m2) or a
dimension of less than 10 linear feet (3048mm);
4. Floor tiles when the duration of work can be completed in less than four hours;
5. Group R-3 Occupancies.
1418.2 Permits. A permit is required to conduct asbestos removal operations, see Section 105.6.48.
1418.3 Notification. The fire code official shall be notified 24 hours prior to the commencement and
closure of asbestos-removal operations. The permit applicant shall notify the building official when
asbestos abatement involves the removal of materials that were used as a feature of the building's fire
resistance.
1418.4 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as
required for combustible decorative material in accordance with Section 807.
1418.5 Signs. Approved signs shall be posted at the entrance, exit and exit-access door,
decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state
that asbestos is being removed from the area that asbestos is a suspected carcinogen and that proper
respiratory protection is required. Signs shall have a reflective surface and lettering shall be a
minimum of 2 inches (51 mm) high.
Chapter 14. Chapter 14 is further amended to add Section 1419 Demolition of structures as follows:
Section 1419 Demolition of structures
1419.1 Construction documents. Construction documents and schedule for demolition must be
submitted to the fire code official when required by the building code official. Where such
information is required, no work shall be done until such construction documents or schedule, or both,
are approved by the fire code official.
2701.1 Scope. Section 2701.1 is amended to add a third paragraph as follows:
2701.1 Scope. Prevention, control and mitigation of dangerous conditions related to storage,
dispensing, use and handling of hazardous materials shall be in accordance with this chapter.
This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in
this code, except that when specific requirements are provided in other chapters, those specific
requirements shall apply in accordance with the applicable chapter. Where a material has multiple
hazards, all hazards shall be addressed.
When, in the opinion of the fire code official, the quantity of a hazardous material does not limit its
potential threat to life and/or property, requirements of Chapter 27 may be applied.
2701.1 Scope. Section 2701.1 is further amended by adding subsections 2701.1.2 and 2701.1.3 as
follows:
21
2701.1.2 Coordinated enforcement. Where Contra Costa County Health & Safety regulations and
California Fire Code regulations conflict, the more restrictive provisions shall prevail.
Exception: Where state or county regulations specifically limit or pre-empt local regulations to be
more restrictive.
2701.1.3 Established limits. The storage of hazardous materials and maximum quantity onsite is
prohibited within the limits established by law as the limits of districts in which such storage is
prohibited, see Section 3.
2701.5.1 Hazardous materials management plan (HMMP). Section 2701.5.1 is amended by adding
subsection 2701.5.1.1 as follows:
2701.5.1.1 Alternate hazardous material management plan (HMMP). Hazardous material
management plans required by the Contra Costa County Health Services Department may be accepted
in lieu of plans required by Section 2701.5.1.
2701.5.2 Hazardous materials inventory statement. Section 2701.5.2 is amended by adding subsection
2701.5.2.1 as follows:
2701.5.2.1 Alternate hazardous material inventory statement (HMIS). Hazardous material
inventory statements (HMIS) required by the Contra Costa County Health Service Department may be
accepted in lieu of statements required by Section 2701.5.2.
2701.5 Permits. Section 2701.5 is further amended to add Section 2701.5.3 as follows:
2701.5.3 Emergency response support information. Where required by the fire code official
additional information may be required to facilitate emergency responses to facilities, buildings, areas,
and rooms, which contain hazardous materials. Cabinets may be required outside of facilities or
buildings to limit emergency responder's risk to obtain floor plans, material safety data sheets, and/or
other information. Information may be required in a specific electronic media format to facilitate
computer aided dispatching.
2703.9.1 Personnel training and written procedures. Section 2703.9.1 is amended to add Section
2703.9.1.2 as follows:
2703.9.1.2 Documentation. Documentation of personnel training and written procedures that comply
with state and federal regulations will be accepted as complying with this code. Said documentation
shall be maintained and available for inspection by fire department personnel.
3001.1 Scope. Section 3 00 1.1 is amended to add Section 3001.1.1
3001.1.1 Established limits and maximum capacity. The storage of CNG is prohibited within the
limits established by law as the limits of districts in which such storage is prohibited, see Section 4.
The aggregate capacity of any one installation shall not exceed 183,000 cubic feet (5 181 974 L).
3201.1 Scope. Section 3201.1 is amended to add Section 3201.1.1
3201.1.1 Established limits. The storage of Flammable cryogens is prohibited within the limits
established by law as the limits of districts in which such storage is prohibited, see Section 5.
22
3204.3.1.1 Location. Section 3204.3.1.1 second paragraph is amended to correlate updated section
reference number as follows:
3204.3.1.1 Location. Stationary containers shall be located in accordance with Section 3203.6.
Containers of cryogenic fluids shall not be located within diked areas containing other hazardous
materials.
Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited
within the limits established by law as the limits of districts in which such storage is prohibited, see
Section 5.
Chapter 33 Explosives and fireworks. Chapter 33, Section 3301 is amended to add Sections 3301.2,
3301.3, 3301.3.1, 3301.4, and 3301.5 as follows:
3301.2 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are
prohibited. The possession, manufacture, storage, sale, handling and use of fireworks or pyrotechnic
materials within the jurisdiction of the District are prohibited.
Exceptions:
1. Firework storage within the jurisdiction of the District is limited to aerial fireworks in
conjunction with an approved and permitted aerial display, see also Section 3301.4.
2. Snap Caps and Party Poppers as classified by the Office of the State Fire Marshal as
pyrotechnic devices.
3301.3 Rocketry. The storage, handling and use of model and high-power rockets shall comply with
the requirements of California Code of Regulations, Title 19, Article 17 and when appropriate NFPA
1122, NFPA 1125, and NFPA 1127.
3301.3.1 Ammonium nitrate. The storage and handling of ammonium nitrate shall comply with
the requirements of Chapter 40 and NFPA 490.
Exception: Storage of ammonium nitrate in magazines with blasting agents shall comply with
the requirements of NFPA 495.
3301.4 Residential uses. No person shall keep or store, nor shall any permit be issued to keep or
store, any explosives, fireworks or pyrotechnic material at any place of habitation, or within 100 feet
(30 480mm) thereof.
Exception: Storage of smokeless propellant, black powder, and small arms primers for personal
use and not for resale in accordance with International Fire Code Section 3306.
3301.5 Sale and retail display. The possession, manufacture, storage, sale, handling and use of
fireworks or pyrotechnic materials within the jurisdiction of the District is prohibited.
Exception: Snap Caps and Party Poppers as classified by the Office of the State Fire Marshal as
pyrotechnic devices.
3308 Fireworks display. Section 3308 is amended by adding Sections 3308.2, 3308.2.1, and 3308.3 as
follows:
23
3308.2 Permit required. Permits to conduct an aerial display shall be required as set forth in Section
105.6.51 and regulated in accordance with California Code of Regulations, Title 19, Chapter 6 and
this section.
Exception: Snap Caps and Party Poppers as classified by the Office of the State Fire Marshal as
pyrotechnic devices.
3308.2.1 Prohibited and Limited Acts. Storage of explosive materials.is prohibited within the
limits established by law as the limits of districts in which such storage is prohibited, see Section
7. In districts where the storage of explosive materials is permitted the quantities of explosives
and distances shall be in accordance with International Fire Code Sections 3301.8.1 and
3301.8.1.1.
3308.3 Financial responsibility. Before a permit is issued, as required by Section 3308.2, the
applicant shall file with the jurisdiction a corporate surety bond in the principal sum of$1,000,000 or
a public liability insurance policy for the same amount, for the purpose of the payment of all damages
to persons or property which arise from, or are caused by, the conduct of any act authorized by the
permit upon which any judicial judgment results. The fire code official is authorized to specify a
greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater
or lesser amount is required. Government entities shall be exempt from this bond requirement.
3404.2.9.5.1 Locations where aboveground tanks are prohibited. Section 3404.2.9.5.1 is amended to
add an exception as follows:
3404.2.9.5.1 Locations where aboveground tanks are prohibited. Storage of Class I and I1 liquids
in aboveground tanks outside of buildings is prohibited within the limits established by law as the
limits of districts in which such storage is prohibited, see Section 8.1.
Exception: Protected aboveground tanks for the purpose of emergency power generator
installations in areas zoned commercial, industrial, agricultural, central business district, rural or
rural residential, and for facilities on an individual basis consistent with the intent of this
provision. Tank size not to exceed 500 gallons (1892 L) of either Class I or II liquids or 1,000
gallons (3785 L) for Class III liquids.
3404.2.11 Underground tanks. Section 3404.2.11 is amended to add Section 3404.2.11.5.3 as follows:
3404.2.11 Underground tanks. Underground storage of flammable and combustible liquids in tanks
shall comply with Section 3404.2 and Sections 3404.2.11.1 through 3404.2.11.5.3.
3404.2.11.5.3 Secondary containment. Underground tanks used for the storage of flammable and
combustible liquids shall be provided with secondary containment. In lieu of providing secondary
containment for an underground tank, an aboveground tank in an underground vault complying with
Section 3404.2.8 shall be permitted.
3404.2.13.1.3 Out of service for one year. Section 3404.2.13.1.3 is amended in its entirety to read as
follows:
3404.2.13.1.3 Out of service for one year. Underground tanks that have been out of service for a
period of one year shall be removed from the ground in accordance with Section 3404.2.14 and the
site shall be restored in an approved manner.
24
3404.2.13.1.3 Out of service one year. Section 3404.2.13.1.3 is amended to add subsection
3404.2.13.1.3.1 as follows:
3404.2.13.1.3.1 Abandoned properties. Tanks taken out of service as a result of properties being
abandoned or its use being changed shall be removed in accordance with Section 3404.2.14.
3404.2.13.1.4 Tanks abandoned in place. Section 3404.2.13.1.4 is deleted in its entirety.
3406.4 Bulk plants or terminals. Section 3406.4 is amended to add Section 3406.4.5.1 as follows:
3406.4.5.1 Established limits. Bulk plants or terminals for receiving or storage of flammable or
combustible liquids are prohibited within the limits established by law as the limits of districts in
which such storage is prohibited, see Section 8.2.
3406.5 Bulk transfer and process transfer operations. Section 3406.5 is amended to add Section
3406.5.1.1.1 as follows:
3406.5.1.1.1 Established limits. Bulk transfer and process transfer operations for receiving or
transferring flammable or combustible liquids are prohibited within the limits established by law as
the limits of districts in which such operations is prohibited, see Section 8.3.
3803.2.1.7 Use for food preparation. Section 3803.2.1.7 is amended in its entirety to read as follows:
3803.2.1.7 Use for food preparation. Individual portable containers used, stored, or handled inside of
buildings classified as a Group A or Group B occupancy 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 code official or his or her
authorized representative. LP-gas appliances used for food preparation shall be listed for such use in
accordance with the International Fuel Gas Code,International Mechanical Code and NFPA 58.
3804.2 Maximum capacity within established limits. Section 3804.2 is amended to correlate updated
section reference number as follows:
3804.2 Maximum capacity within established limits. Within the limits established by law restricting
the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the
aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L),
see Section 6.
Chapter 45 Referenced Standards
NFPA 13, 2002 Edition, Section 8.1 Basic Requirements. Section 8.1 is amended to add subsection
8.1.3 as follows:
8.1.3 System risers shall be located in common areas of the protected premises with regards to
firefighter access. System risers located inside buildings shall either be located in stairways or in riser
closets accessible from common areas.
Also:
NFPA 13, 2002 Edition, Section 11.2.3.1.8 Restrictions. Section 11.2.3.1.8 is amended to add item (13)
as follows:
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(13) In new spec buildings the system design shall be calculated by using an area of operation at 3,000
square feet (278.709m2) over a density of 0.33.
NFPA 1311, 2002 Edition, Section 6.6.4 Fire Department Connection. Section 6.6.4.2 is amended to
read as follows:
6.6.4.2 Fire department connections shall be a minimum 2'/z-inch (64mm). For buildings served by a
separate fire service system a standard double 2'/s-inch (64mm) fire department connection shall be
provided.
NFPA 72, 2002 Edition, Section 4.4.4.2.1 Installation and Design. Section 4.4.4.2.1 is amended to add
subsection 4.4.4.2.1.1 Fire Alarm Control Unit Locations as follows:
4.4.4.2.1.1 Fire Alarm Control Unit Locations. Fire alarm control units shall be installed in
common areas of the protected premises with regards to firefighter access and located in proximity to
the main building entrance actual location to be determined by the fire code official.
Also:
NFPA 72, 2002 Edition, Section 6.15.5.3 HVAC Systems. Section 6.15.5.3 is amended by amending the
second sentence to read as follows:
6.15.5.3 Connections between fire alarm systems and the HVAC system for the purpose of monitoring
and control shall operate and be monitored in accordance with applicable NFPA standards. Smoke
detectors mounted in the air ducts of HVAC systems in buildings protected throughout by an
automatic sprinkler system complying with NFPA 13 shall initiate a supervisory signal at the
protected premises and at a UL listed Central Station Service.
Appendix Chapter 1 Administration. Appendix Chapter 1 Administration is amended as follows:
101.1 Title. Section 101.1 is amended as follows:
101.1 Title. These regulations shall be known as the Fire Code of the Rodeo-Hercules Fire Protection
District, hereinafter referred to as "this code." The California Fire Code and International Fire Code
adopted by reference in Section 1, amendments thereto, additions, and deletions as set forth in this
Section shall become effective as set forth in Section 16. Article, Section, Division, and Appendix
numbers used are those of the California Fire Code.
102 Applicability. Section 102 is amended by modification and addition of Section 102.1.1 as follows:
102.1 Construction and design provisions. The construction and design provisions of this code shall
apply to:
1. Structures, facilities and conditions arising after the adoption of this code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this
code.
3. Existing structures, facilities and conditions when identified in specific sections of this code.
4. Existing structures, facilities and conditions that, in the opinion of the fire code official, constitute
a distinct hazard to life or property.
5. 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.
26
1
102.1.1 Existing non-complying conditions. Existing buildings which do not conform to current
California Building Code or California Fire Code requirements may be required to install an
automatic fire extinguishing system when interior alterations or remodeling occurs, regardless of
whether there is a change of occupancy, use or increase in floor area. It shall be the responsibility
of the fire code official and the building code official having jurisdiction to evaluate the work
being performed, non-complying features, and determine if an automatic fire extinguishing system
shall be required. If mutual concurrence between the building code official and the fire code
official cannot be reached, such building will not require sprinklers.
Exception: For Group R-3 occupancies, see Sections 903.6.4 and 903.6.4.1.
104 General authority and responsibilities. Section 104 is amended to add Section 104.1.1 as follows:
104.1 General. The fire code official is hereby authorized to enforce the provisions of this code and
shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules
and regulations in order to clarify the application of its provisions. Such interpretations, policies,
procedures, rules and regulations shall be in compliance with the intent and purpose of this code and
shall not have the effect of waiving requirements specifically provided for in this code.
104.1.1 Fire prevention personnel and police. The fire code official and his or her designated
representative(s) shall have the powers of peace officers while engaged in the performance of their
duties with respect to the prevention, investigation, and suppression of fires and the protection and
preservation of life and property against the hazards of fire and conflagration.
104.5 Notices and orders. Section 104.5 is amended to read as follows:
104.5 Notices and orders. The fire code official is authorized to issue such notices or orders as are
required to affect compliance with this code in accordance with Appendix Chapter 1, Sections 109.1
and 109.2.
104.5.1 Issuance of citations. The fire code official, or his or her duly authorized agents, may
issue citations for violations of this Ordinance in the same manner as a county or city is authorized
to do so by Chapter 5C commencing with Section 853.5, Title 4, Part 2, of the Penal Code.
105.6 Required operational permits. Section 105.6 is amended by the addition of Sections 105.6.48
through 105.6.56 as follows:
105.6 Required operational permits. The fire code official is authorized to issue operational permits
for the operations set forth in Sections 105.6.1. through 105.6.56.
105.6.48 Asbestos removal. To conduct asbestos-removal operations regulated by Section 1418.
105.6.49 Battery system. To operate stationary lead-acid battery systems having a liquid capacity
of more than 50 gallons (189 L), see Section 608.
105.6.50 Christmas tree sales. To use a property for the purpose of selling cut Christmas trees,
see applicable provision of Chapter 3 General Precautions Against Fire.
105.6.51 Firework aerial display. To conduct a firework display regulated by California Code of
Regulations Title 19 and this code, see Chapter 33.
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105.6.52 Liquefied petroleum gases. Is amended to add Item 3 as follows: To store, use or
handle liquefied petroleum gas inside buildings, see Chapter 38.
105.6.53 Model rockets. See California Code of Regulations Title 19, Division 1 Article 17.
105.6.54 Temporary fire department access road for construction. To utilize a temporary fire
department access road for construction, see Sections 1410.2 and 1410.2.1.
105.6.55 Temporary water supply. To utilize a temporary water supply for construction of
residential projects or subdivisions, see Section 1412.2 and 1412.3.
105.6.56 Tire storage. To store tires in excess of 1,000 cubic feet (28.3m3) inside buildings, see
Chapter 25.
105.7 Required construction permits. Section 105.7 is amended by adding Sections 105.7.14 through
105.7.21 as follows:
105.7.14 Access for fire apparatus. Plans shall be submitted to determine adequate access for fire
apparatus for all facilities, buildings or portions of buildings either constructed or moved into the
District, see Section 503.
105.7.15 Construction, alteration, or renovation of a building for which a building permit is
required. Plans shall be submitted for all land developments and/or improvements proposed within
the District.
105.7.16 Demolition of a building. See Section 1419.
105.7.17 Medical gas systems. A construction permit is required for the installation of or
modification to a medical gas system, see Section 3006.
105.7.18 Refrigeration equipment. To install a mechanical refrigeration unit or system regulated by
Chapter 6.
105.7.19 Security gates. To install a gate across a fire apparatus access road, see Section 503.
105.7.20 Subdivision of land. Plans shall be submitted for all land developments and/or
improvements proposed within the District.
105.7.21 Water supply for fire protection. Plans shall be submitted to determine adequate water
supplies and fire hydrants are provided for all facilities, buildings or portions of buildings either
constructed or moved into the District, see Section 508.
105.7.6 Flammable and combustible liquids. Section 105.7.6 is amended by adding subsection
105.7.6.1 as follows:
105.7.6.1 Other agency permits. Permit requirements of the Contra Costa County Health Services
Department, Environmental Division shall be complied with concurrently with permit requirements of
the District.
108.1 Board of appeals established. Section 108.1 is amended to add Section 108.1.1 as follows:
28
108.1.1 Appeals in a state fire marshal regulated occupancy. When a request for an alternate
means of protection has been denied by the enforcing agency in an occupancy regulated by the state
fire marshal, the applicant may file a written appeal to the state fire marshal for consideration of the
applicant's proposal. In considering such appeal, the state fire marshal may seek the advice of the
State Board of Fire Services. The State Fire Marshal shall, after considering all of the facts presented,
including any recommendations of the State Board of Fire Services, determine if the proposal is for
the purposes intended, at least equivalent to that specified in these regulations in quality, strength,
effectiveness, fire resistance, durability and safety, and shall transmit such findings and any
recommendations to the applicant and to the enforcing agency.
109.3. Violation penalties. Section 109.3 is amended in its entirety to read as follows:
109.3. Violation penalties. Every person who violates any provision of this Ordinance and any
provision of the California Fire Code and International Fire Code as adopted by reference herein are
guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days
that prohibited conditions are maintained shall constitute a separate offense. The application of the
aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.
This section is a declaration of Section §13871 of the State of California Health and Safety Code
and is not intended to create a different or separate penalty.
111.4 Failure to comply. Section 111.4 is amended to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to citation.
Appendix Chapter 1 Administration. Appendix Chapter 1 is amended by adding a new Section 112
Fees as follows:
112 Fees.
112.1 Fees for certain services established. The Board of Directors may, by resolution, establish a
schedule of non-discriminatory fees to be charged and collected for plans review, inspections,permits,
false alarms and other services provided by the District to defray the District's costs to conduct or
provide those services. Three copies of this fee schedule shall be on file in the Fire Prevention
Division offices for use and examination by the public.
Appendix H Hazardous Materials Management Plans and Hazardous Materials Inventory
Statements. Appendix H Hazardous Materials Management Plans and Hazardous Materials Inventory
Statements H1.1 is amended in its entirety to read as follows:
H1.1 Scope. Hazardous material management plans and inventory statements as required by the
Contra Costa County Health Service Department may be accepted in lieu of this Appendix.
SECTION 11. APPEALS.
11.1 Appeals. Whenever the fire code official 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
29
meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal within 30
days the fire code officials decision to a Board of Appeals established in accordance with Appendix A of
the California Fire Code.
SECTION 12. PENALTIES.
12.1 Penalties. Any person who violates any of the provisions of the California Fire Code as adopted and
amended herein or fails to comply therewith, or who violates or fails to comply with any order made there
under, or who builds in violation of any detailed statement of specifications or plans submitted and
approved there under, or any certificate or permit issued there under, and from which no appeal has been
taken, or who fails to comply with such an order as affirmed or modified by the Board of Directors of the
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 $1,000.00 or by imprisonment in the County jail for a period of time
not to exceed one (1) year, or by both such fine and imprisonment. The imposition of one penalty for any
violation shall not excuse the violation or permit to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when not otherwise specified,
each ten days that prohibited conditions are maintained shall constitute a separate offense.
12.2 Prohibited conditions. The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
SECTION 13. REPEAL OF CONFLICTING ORDINANCES.
13.1 Repeal. The following Ordinance previously adopted by the Board of Directors is hereby repealed:
Ordinance # 1-03, Rodeo-Hercules Fire Protection District(California Fire Code, 2001 Edition).
SECTION 14. VALIDITY.
14.1 Validity. The Board of Directors of the District hereby declares that should any section, paragraph,
sentence or work of this Ordinance or of the California 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 District that it would
have passed all other portions or provisions of this Ordinance independent of the elimination here from
any such portion or provision as may be declared invalid.
SECTION 15. MORE RESTRICTIVE REQUIREMENTS.
15.1 More restrictive requirements. In the event 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.
30
SECTION 16. DATE OF EFFECT.
16.1 Date of effect. This Ordinance shall become effective on January 1, 2008, and within fifteen (15)
days of 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 District. Passed and Adopted on
January 16, 2008 by the following Vote:
AYES: Bartke, Johnson, Prather, Lopeman, Stafford
NOES: None
ABSENT: None
ATTEST: A —{ &
Swede Jo on, Secretary Beth Bartke, President
Board of Directors Board of Directors
31
RODEO-HERCULES FIRE PROTECTION DISTRICT
RESOLUTION NO. 01-08
RESOLUTION OF THE RODEO-HERCULES FIRE PROTECTION DISTRICT TO
ADOPT FINDINGS OF FACT RELATING TO MODIFICATIONS TO THE 2007
CALIFORNIA FIRE CODE BECAUSE OF LOCAL CLIMNATIC, GEOLOGICAL
AND TOPOGRAPHICAL CONDITIONS.
WHEREAS, local government amendments to building standards of the State Fire
Marshal for fire and panic safety are permitted under this provision of the California Law
for fire protection districts organized under HSC, Division 12, Part 2.7. There are
differences from city to city in how these amendments are implemented; and
WHEREAS, the "governing body" shall be deemed to be the District Board and
the district shall be deemed to be the local agency, and
WHEREAS, the District Board must make an express finding that amendments to
building standards to fire and panic safety that are contained in California Code of
Regulation, T-24 are necessary because of local climatic, geological or topographical
conditions pursuant to Health and Safety Code 138697; and
WHEREAS, the district is required to notify the city and county where the
amendments will apply and receive their comments.
WHEREAS, upon adoption, the amendments are required to be presented for
ratification to the city and county where they will apply.
WHEREAS, the amendments are neither effective nor operative until copies of
both the express findings and the amendments, with the amendments ex ressly marked
and identified as to the applicable findings have been filed with the California Building
Standards Commission by the city and county where they will apply, along with adopting
ordinance and any findings of the city and county pursuant to Health and Safety Code
13869.7. 17958.7. and 18941.5(b).
NOW, THEREFORE, BE IT HERBY RESOLVED by the Rodeo-Hercules Fire
Protection District Board that:
1. The Board of Directors of the Rodeo-Hercules Fire Protection District
adopts the Findings of Fact and need for changes and modifications to the
State Building Standards Code because of Local Conditions (Exhibit "A").
2. Upon ratification of said findings by the Board of Directors of the Rodeo-
Hercules Fire Protection District, the City Council of the City of Hercules
and the Contra Costa County Board of Supervisors shall file said findings
with the State Building Standards Commission and Department of
Housing and Community Development.
PASSED AND ADOPTED BY TE BOARD OF DIRECTORS of the Rodeo-
Hercules Fire Protection District on the 16'h day of January 2008, by the following vote:
AYES: Bartke, Johnson, Lopeman, Prather, Stafford
NOES: None
ABSENT: None
I HEREBY CERTIFY that the forgoing resolution was duly and regularly
introduced,passed and adopted by the Board of Directors of the Rodeo-Hercules Fire
Protection District, Contra Costa County, California at a meeting hereof, held on the
16th day of January 2008.
Beth Bartke, Chairperson
Board of Directors
Rodeo-Hercules Fire District
ATTEST:
�a
Swede Jo on, Secretary
RODEO-HRCULES FIRE PROTECTION DISTRICT FINDING OF FACT AND NEED FOR
CHANGES OR MODIFICATIONS IN THE 2007CALIFORNIA BUILDING STANDARDS,
CODE,TITLE 24,PART 9, CALIFORNIA FIRE CODE DUE TO LOCAL CONDITIONS
Changes or Modifications: Pursuant to Sections 17958 and 18941.5 of the California Health and
Safety Code, the Board of the Rodeo-Hercules Fire Protection District in its ordinance adopting and
amending the 2007 California Building Standards Code,Title 24, Part 9, California Fire Code, changes,
modifies, and amends Section 903.1 through Section 914.11. Under the adoption of the 2007 California
Fire Code, specific amendments have been established which are more restrictive in nature than those
adopted by the State of California and the State Fire Marshal.
Findings: Pursuant to Sections17958.5, 17958.7 and 18941.5 of the State of California Health and
Safety Code, the Board of the Rodeo-Hercules Fire Protection District has determined and finds that the
attached changes or modifications are needed and are reasonably necessary because of local climatic,
geologic and topographic conditions.
Local Conditions: Local conditions have an adverse effect on the prevention of(1)major loss fires (2)
major earthquake damage, and(3)the potential for life and property loss, making necessary changes or
modifications to the California Fire Code and the State Buildings Standards Code in order to provide a
reasonable degree of property security and fire and life safety in this Fire District.
The local amendments to the California Fire Code, 2007 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.
Below are listed adverse local climatic (See No.1), geologic (See No. 2) and topographic (See No. 3)
conditions:
1. Climatic
a. Precipitation.
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20
inches per year.Ninety-six(96) %falls during the month of October through April and four
(4)% from May through September. This is a dry period of at least five (5) months each
year. Additionally, the area is subject to occasional drought.
b. Relative Humidity.
Humidity remains in the middle range most of the time. It ranges from forty-five(45)to
sixty-five (65) percent during spring, summer, fall, and from sixty(60)to ninety(90) percent
in the winter. During late winter and summer months it drops to twenty(20)percent and
occasionally drops lower.
c. Temperatures.
Temperatures have been recorded as high as 105 degrees F. Average summer highs are in the
75 to 95 degree range.
d. Winds.
Prevailing winds are from the northwest. However winds are experienced from virtually
every direction at one time or another. Velocities are generally in the five(5)to twenty-three
(23) mph range, gusting seven(7)to thirty-five(35)mph during the summer months. Forty
(40)mph winds are experienced occasionally and winds up to fifty-five(55) mph have been
experienced. During the winter months strong, dry, gusty winds move through the area for
several days creating extremely dry conditions.
e. Impact.
The local climatic conditions affect the acceleration, intensity, and size of fire in the
community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to wood shake and shingle roof
fires and conflagrations. The winds experienced in this area(can and do)have a tremendous
impact upon structure fires or buildings in close proximity to one another,commonly found
in the Town of Rodeo and City of Hercules. During wood shake and shingle roof fires, winds
can carry sparks and burning brands to other structures,thus spreading fires and causing
conflagrations. In building fires, winds can literally force fire back into the building and can
create a blowtorch like effect as well as preventing "natural" ventilation and cross-ventilation
efforts. Fires involving non—irrigated weeds, grass and brush can grow in magnitude and be
quickly fanned to intensity beyond the control capabilities of the Fire District, even in
moderate winds.National statistics frequently cite wind conditions, such as those
experienced locally as a major factor where conflagrations have occurred.
2. Geologic and Geographic
a. Geographic Location.
The fire environment of a community is primarily a combination of two factors: the area's
physical geographic characteristics and the historic pattern of urban-suburban development.
These two factors, alone and combined, create a mixture of environments that ultimately
determines the area's fire protection needs.
The basic geographical boundaries of the District include San Pablo Bay to the northwest,
Pinole Ridge to the south, Franklin Canyon and Franklin Ridge to the east and Pinole Creek
to the west.
Because of the size of the Rodeo-Hercules Fire District(26 square miles) the
characteristics of the fire environment changes from one location to the
next. Therefore the District has not one, but a number of fire environments,
each of which has its individual fire protection needs, from a major oil refinery to urban
wildland interface to freeways,rail lines, waterways and urban town settings.
The service area of the Rodeo-Hercules Fire District has a varied topography
and vegetative cover. A conglomeration of bay plains,hills and ridges make up the terrain.
Development has occurred on the flat lands in the central portion of the District. However,
over the last fifteen(15) years, development has spread into the surrounding hills and the
smaller valleys and canyons with planned growth extending well into the wildland interface.
b. Geological Location.
Rodeo-Hercules Fire District is located in Contra Costa County and Seismic Risk Zone 4,
which is the worst earthquake area in the United States. Buildings and other structures in
Zone 4 can experience major seismic damage. Rodeo and Hercules are in close proximity to
numerous earthquake faults including the San Andreas Fault, Hayward Fault, Calaveras
Fault, Rogers Creek Fault, Concord Fault and other lesser faults. The Concord Fault has a
potential for a Richter 6 earthquake and the Hayward and Calaveras Faults have the potential
for a Richter 7 or greater earthquake. Major tremblers from seismic activity are not unknown
in the area.
Interstate 80 runs through the District and State Route 4 through one half.
Two major rail lines, Burlington Northern Santa Fe(BNSF) and Southern
Pacific (SP)runs through the District. Interstate 80 and the BNSF Railroads divide the
District by north and south, east and west. An overpass or under crossing collapse would
significantly alter the response route and time for responding emergency equipment. This is
due to the limited crossings of the interstate and rail lines either at grade or elevated.
Earthquakes of the magnitude experienced locally can cause major damage to
electrical transmission lines and facilities and any one of the numerous natural gas, gasoline,
jet fuel, fuel oil, crude oil and hydrogen transmission pipelines within the District. Damage to
these facilities could start fires throughout the District. The occurrence of multiple fires will
quickly deplete Fire District resources: thereby reducing and/or delaying response to any
given fire or emergency.
c. Size and Population.
The Rodeo-Hercules Fire Protection District covers twenty-six(26) square miles including a
population at 33,000 expected to increase to 40,000 within the next five(5)to ten(10) years.
Within the Fire Protection District are two (2) fire stations and a total of twenty-one(2 1) full
time personnel and fifteen(15)reserve personnel. The Fire Protection District handles
diverse responsibilities including refineries, urban, urban wildland, freeway, rail and medical.
d. Roads and Streets.
Single access points generally service developments with emergency vehicle only access
strategically located. Roads in excess of 15% grade serve older portions of Rodeo. Several
roads within Hercules are also greater than 15%grade.
The roadway system within the Fire District is for the most part a grid or loop system.
Roadways with less than twenty (20) feet of unobstructed paved surface, with a dead end
longer than one hundred-fifty(150) feet, a cul-de-sac diameter less than sixth-eight(68) feet
or grade of more than fifteen(15) %are considered hazardous in terms of fire access and
protection. A large number of roadways within the District fall into one of the above
categories.
3. Topographic
a. Conditions.
The District's service area is a conglomeration of bay plains, hills,valleys and ridges. The
flatter lands are found in the central portion of Rodeo and newly developed "Waterfront
District" of Hercules. Only a small portion of the urban and suburbanized areas is on
relatively flat lands, 0 - 5% slope. The majority of residential development is on hillsides
with slopes ranging from 15 - 30%and 30% +. A large portion of the eastern District is
designated agricultural or preserve.
Elevations are varied in the District from downtown Rodeo and the
"Waterfront District" of Hercules at five(5)to ten(10) feet above sea level to
Indian Peak at 891 feet.
Correspondingly,there is much diversity in slope percentages. Pinole Ridge has slopes from
20 - 75%, Franklin Ridge 30 - 70%, Franklin Canyon 20 - 80%and Ohlone Canyon 20 -
85%. Slope is an important factor in fire spread. As a basic rule of thumb,the rate of spread
will double as the slope percentage
doubles, all other factors remaining the same.
Many of the"newer"large buildings and building complexes have building access and
landscaping features and designs, which preclude or greatly limit any approach or operational
access to them by Fire District vehicles. In addition,the presence of security gates and roads
of inadequate width and grades that are to steep for Fire District vehicles adversely effect fire
suppression efforts.
b. Vegetation.
Rodeo and Hercules semi-arid Mediterranean-type climate produces vegetation similar to
most of Contra Costa County, with specific growth locale as a result of topography and
prevailing wind. The south facing
exposure is primarily rye grass with occasional clumps of bay and oak trees
in the more sheltered pockets. The north facing slopes are heavily wooded
from lower elevations to ridge with oak and bay trees and minor shrubs of
the general chaparral class. Several large stand of non-native mature
eucalyptus trees are found at lower elevations and in all cases are surrounded
by development.
Expansion of the residential community into areas of heavier vegetation has
resulted in homes existing in close proximity to dense natural foliage. Often
such dwellings are completely surrounded by highly combustible vegetation
compounding the fire problem from a conflagration point of view.
Approximately half of all the residential structures in the District have shingle or shake roofs.
This very flammable material is susceptible to ignition by embers from a wildland fire,
furthering the spread of fire to adjacent buildings.
c. Impact.
The above-mentioned local geographic and topographical conditions increase the magnitude,
exposure,accessibility problems and fire hazards presented to the Rodeo-Hercules Fire
Protection District.
Fire following an earthquake has the potential of causing greater loss of life
and damage than the earthquake itself. Approximately 50%of all dwellings
in the District have wood shingle roofs.
Oil refinery and utilities located within the District and within the Seismic Risk Zone 4 pose
the largest single risk. The largest concentrations of hazardous materials are found here.
Hazardous materials, particularly toxic
gases, could pose the greatest threat to the largest number, should a
significant seismic event occur.
The District's resources would have to be prioritized to mitigate the greatest threat, and may
likely be unavailable for smaller single-dwelling or structure fires and emergencies.
Other variables may tend to intensify the situation:
1) The extent of damage to the water system;
2) The extent of isolation due to bridge, freeways overpass and rail
trestle collapse;
3) The extent of roadway damage and/or amount of debris blocking
roadways;
4) Climatic conditions(hot,dry weather with high winds);
5) Time of day will influence the amount of traffic on roadways and
could intensify the risk to life during normal business hours;
6) The availability of timely mutual aid or military assistance;
7) The large portion of dwellings with wood shingle roof coverings
could result in conflagrations;
8) The large number of dwellings that slip off their foundations and
rupture gas lines resulting in further conflagrations.
Conclusion.
Local climatic,geographic and topographic conditions impact fire prevention efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this
community. Further,they impact potential damage to all structures form earthquake and
subsequent fire. Therefore it is found to be reasonably necessary that the 2007 California Fire
Code and the State Building Standards Code be changed or modified to mitigate the effects
of the above conditions.
Furthermore, California Health and Safety Code Section 17958.7 requires that the
modification or change be expressly marked and identified as to which each finding refers.
Therefore, the Rodeo-Hercules Fire Protection District finds that the following table provides
code sections that have been modified pursuant to Ordinance 01-08 which are building
standards as defined in Health and Safety Code Section 18909, and the associated referenced
conditions for modification due to local climatic, geologic and topographical reasons.
Section Number Local climatic,geological, and topographical
903 la, 1b, Id,2a,2b,3