Loading...
HomeMy WebLinkAbout08-08-2023 CBOA Agenda PacketCity of San Luis Obispo, Agenda, Planning Commission Agenda CONSTRUCTION BOARD OF APPEALS Tuesday, August 8, 2023 1:00 p.m. REGULAR MEETING Council Hearing Room 990 Palm Street San Luis Obispo, CA CALL TO ORDER Chair Neil Dilworth ROLL CALL : Board Members Amando Garza, Nick Graves, Christopher Wiedman, Robert Vessely, Vice Chair Gresham Eckrich, and Chair Neil Dilworth PUBLIC COMMENT: At this time, people may address the Committee about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to three minutes per person. Items raised at this time are generally referred to staff and, if action by the Committee is necessary, may be scheduled for a future meeting. 1. CONSIDERATION OF MINUTES A. Minutes of the Construction Board of Appeals Meeting of May 16, 2023 2. STAFF UPDATES A. Introductions • Chief Building Official Michael Loew • Plans Examiner Sean McCaffrey • Fire Inspector Joey Nau • Fire Chief Tuggle Construction Board of Appeals Agenda for 8/8/2023 Page 2 3. PRESENTATIONS A. BUILDING OFFICIAL REPORT • Update on enforcement of municipal code section 8.11 • Alternate Method and Materials Requests o 481 Madonna Rd. Suite D o 564 Higuera St. • Attachments o A – Resolution 11414 (2023 Series) o B – Administrative Order No. 1 (2023 Series) o C – AMMR for 481 Madonna Rd. o D – AMMR for 564 Higuera St. 4. PUBLIC HEARING A. INTERPRET THE APPLICATION OF MUNICIPAL CODE TITLE 15.04.020 (U), SUBSECTION 903.1.1.4 FOR BUILDING PERMIT BLDG-0410-2023 5. ADJOURNMENT The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a dis ability who requires a modification or accommodation in order to participate in a meeting should direct such request to the Community Development Department at (805) 781-7180 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. Meeting audio recordings can be found at the following web address: http://opengov.slocity.org/WebLink/1/fol/60969/Row1.aspx Construction Board of Appeals Minutes   1    Item 1A Tuesday, May 16, 2023 Regular Meeting of the Construction Board of Appeals CALL TO ORDER A Regular Meeting of the San Luis Obispo Construction Board of Appeals was called to order on Tuesday, May 16, 2023 at 2:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Dilworth. ROLL CALL Present: Board Members Amando Garza, Robert Vessely, Christopher Weideman, Nick Graves, Vice Chair Gresham Eckrich, and Chair Neil Dilworth Absent:  None Staff: Sadie Symens, Assistant City Attorney, John Mezzapesa, Code Enforcement Supervisor, Robert Hill, Sustainability and Natural Resources Official, Rodger Maggio, Fire Marshall, Lala Stowe, Supervising Administrative Assistant and Teresa Purrington, City Clerk PUBLIC COMMENT ITEMS NOT ON THE AGENDA None --End of Public Comment-- APPROVAL OF MINUTES 1. Review of Minutes of the Construction Board of Appeals Meeting of April 25th, 2023: ACTION: UPON MOTION BY BOARD MEMBER VESSLEY, SECONDED BY CHAIR WEIDEMAN, CARRIED 6-0 to approve the April 25, 2023, as presented. PUBLIC COMMENT None --End of Public Comment-- PUBLIC HEARING ITEMS 1. RESOLUTION FOR 4080 HORIZON LANE: Adopt a resolution entitled “A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF WARREN FERRIS, ON BEHALF OF THE RICHARD W. & SHARLISS S. FERRIS TRUST, AND UPHOLDING ADMINISTRATIVE CITATION NO. 25409.”   2    Item 1A Public Comment None --End of Public Comment-- ACTION: UPON MOTION BY BOARD MEMBER WEIDEMAN, SECONDED BY BOARD MEMBER VESSELY, CARRIED 6-0 to adopt a Resolution upholding the remaining violations regarding Citation #25409 dated July 15, 2021 issued to Ferris Richard W./Sharliss S Trust. COMMENT AND DISCUSSION 1. DISCUSS THE DEFINITION OF CREEKS Board member Wiedeman read the City of Oakland’s definition of a creek. Board member Eckrich suggested that staff could provide background on the definition of creeks for the Board to use in their consideration in the future. Board member Vessely asked it be added to the agenda of the next working meeting. ADJOURNMENT The meeting was adjourned at 2:21 p.m. APPROVED BY THE CONSTRUCTION BOARD OF APPEALS: 08/08/2023 Construction Board of Appeals Building Official’s Report DATE: August 8, 2023 FROM: Michael Loew, Chief Building Official PREPARED BY: Michael Loew, Chief Building Official Phone Number: (805) 781-7157 E-mail: mloew@slocity.org SUBJECT: Informational Presentation BACKGROUND: Each regularly scheduled quarterly meeting staff will present to the board recent interpretations, decisions on approved Alternative Methods and Materials Requests, and facilitate a discussion on code sections relevant to the Board's purview. For this meeting, staff will also provide the Board with an update on the Building and Safety’s involvement in recent storm response and opportunities for training. There is one appeal for the Board to decide on at this time. a. Update on enforcement of Municipal Code section 8.11 On July 19, 2022, City Council adopted Ordinance No. 1717 (2022 Series) (Attachment A) updating the Clean Energy Program for New Buildings to protect public health and safety by requiring all new buildings to be all -electric, banning gas infrastructure with l imited exceptions, in Title 8 (Health and Safety) of the Municipal Code. The ordinance went into effect on January 1, 2023. On June 28, 2023, pursuant to Resolution No. 11414 (2023 Series) (Attachment B), the Community Development Director Issued Administrative Order No. 01 (2023 Series) (the “Order”) temporarily suspending enforcement of Chapter 8.11 (All -Electric New Buildings) pending final resolution of California Restaurant Association v. City of Berkeley (9th Cir. (2023) 65 F.4th 1045) (the “Ruling”), which held that a similar ordinance adopted by Berkeley was pre -empted by federal law and, therefore, could not be enforced. The suspensio n of enforcement of Chapter 8.11 allows permit applications for newly constructed mixed-fuel buildings to start the building permit review process. However, should the Ruling be vacated, the City will immediately reinstate enforcement of Chapter 8.11. Consistent with applicable law, building permits will be processed based Item 3A Item 3A on ordinances, standards, and regulations in place at the time of building permit issuance and the permit holder’s demonstration that it has performed substantial work and incurred substantial liabilities in good faith reliance on such permit, or at such other time development rights m ay vest according to law. Absent such showing of good faith reliance on a building permit issued during the suspension of enforcement of Chapter 8.11, the City may require applicant to modify their building plans or construction to bring development into c ompliance with Chapter 8.11, should enforcement resume. b. Alternate Methods and Materials Requests 481 Madonna Road, Suite D Crumbl Cookie is a new food production business that will soon be opening in at the stated address above. The California Plumbing Code requires bathrooms to be available to employees and customers. The design for this business would require patrons to travel through the kitchen where food prep occurs, which is a violation of CPC Section 422.4.1. This was noted as a plan check comment during the review of the project prior to the issuance of the permit. The permit applicant submitted a request for an alternative method (Attachment C), which was approved by Deputy Building Official Michael Loew, and Chief Building Official/Fire Marshal Rodger Maggio. The request demonstrated that the design met the intent of the code if interpreted through California Retail Food Code, Chapter 9, Article 2(b)(1). Based on the section, customer access to the bathrooms is only required in food establishments when onsite services include food consumption. While customers enter the business, Crumbl Cookie operates as a store front only where customers do not stay on the premises for an extended length of time, and as a result, an alternative to the bathroom location is being granted. 564 Higuera Street A permit was recently issued for the Creamery Lofts project, which is a new multi- family building with 36 residential units. The designs, consisting of four stories of type VB construction over a podium deck, were reviewed under the 2019 California Building Code. The applicant submitted a request for an alternative method to use a permissible design from the 2022 California Building Code (Attachment D), which was approved by Chief Building Official Michael Loew, and Fire Marshal Rodger Maggio. Option 4 was added to Section 510.2 of the 2022 California Building Code, and reads as follows: Item 3A Commentary from ICC Significant Changes publication: Change Summary: Where a combustible building (Type III, IV, or V) is located above the lower noncombustible (Type IA) building when applyinh the horizontal building separation allowance, interior exit stairways located within the Type IA building may be constructed of combustible materials where specificed conditions are met. Change Significance: The provisions set forth in Section 510 allow for modifications or exceptions to the general provisions of Chapter 5 for allowable building heights and areas. These special provisions are viewed as specific in nature and take precedence over any general provisions that may apply. Section 510.2, addressing the horizontal building separation allowance, is one of the most common application in use today. This methodology is often referred to as a podium or ped estal building. Limited in application, the provision create, in effect, an exception that allows those stories below a 3-hour horizontal fire separation to be considered portions of a separate building from the “building” above the forizontal fire separation. Multiple conditions must be met in order to take advantage of these provisions. A new allowance addresses the permissible materials of stairway construction where a combustible building (Type II, IV, or V) is located above the lower noncombustible (Type IA) building. Section 1011.7 indicates that stairways are to be built of materials consistent with those materials permitted for the building’s type of construction. This mandate is easily addressed in most buildings, as the code requires a building to be classified as a single construction type. However, in those buildings designed and built under the special provisions of Section 510.2 allowwing for horizontal building separation, two types of construction are permitted. The lower building must be of Type IA construction; however, the upper buildings is builtof combustile construction (Tyle II, IV, or V), a conflict has existied regardinghow the stairway that extends through both types of construction should be regulated. Noncombustible stairway construction would be required in the Type IA building, while combustible stairway construction would be permitted in the Type II, IV, V building. Item 3A Where an interior exit stairway is located in a building utilizingthe horizontal building separation allowance, it is now permissible for the stairways to be constructed of combustible materials throughout, including in the t he Type IA portion of the building, provided two conditions are met. One, the upper building is classifiedas Type II, IV, or V construction, and two, the stairway locaed in the lower building is enclosed by a minimum 3-hour fire resistance-rated shaft enclosure. Where the upper building is of noncombustible construction (Type I or II), the entire stairway must be constructed of noncombustible. Where new condition 4 is applied, the minim 3-hour fire-resistance-rated horizontal separation is extended vertically downward adjacent to the stairway enclosure, in effect isolating the exit stairway in the upper building. As a result, the interior exit stairways can be considered as located only in the upper building where combustible stairway construction is permitted. R 11414 RESOLUTION NO. 11414 (2023 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY MANAGER AND THE COMMUNITY DEVELOPMENT DIRECTOR TO ADMINISTRATIVELY SUSPEND ENFORCEMENT OF SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 8.11, CONSISTENT WITH, AND ONLY AS REQUIRED BY, THE DECISION OF THE NINTH CIRCUIT COURT OF APPEAL RULING IN CALIFORNIA RESTAURANT ASSOCIATION V. CITY OF BERKELEY AND ANY SUBSEQUENT JUDICIAL PROCEEDING OR ORDER OF THE COURT RELATED TO THE TIMING AND APPLICATION OF THE RULING WHEREAS, on July 19, 2022, City Council adopted Ordinance 1717 (2022 Series), now codified as City of San Luis Obispo Municipal Code Chapter 8.11 (All -Electric New Buildings); and WHEREAS, on April 17, 2023 a three-judge panel of the Ninth Circuit Court of Appeal issued a decision holding that an ordinance of the City of Berkeley with similar objectives as the City’s ordinance is preempted by the Energy Policy and Conservation Act of 1975; and WHEREAS, it has been reported that the City of Berkely may seek en banc review and that the binding nature of the case on parties other than the litigants has not been finally resolved. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Authorization to Suspended Enforcement. The City Manager and the Community Development Director shall be authorized to suspend enforcement of City of San Luis Obispo Municipal Code Chapter 8.11, consistent with, and only as required by, the decision of the Ninth Circuit Court of Appeal Ruling in California Restaurant Association v. City of Berkeley and any subsequent judicial proceeding and/or order of the Court related to the timing and application of the ruling. DocuSign Envelope ID: 616843CC-9821-4F0F-908E-D7915D7D8454 Attachment A Resolution No. 11414 (2023 Series) Page 2 R 11414 SECTION 2. Notice. Any action by the authorized officials suspending enforcement of Chapter 8.11 shall be in writing made publicly available for review and posted to the City’s website, and shall also be provided to affected development applicants in the City at the time of application, or as otherwise necessary to provide direct notice to applicants regarding the impacts of such actions on the processing of their applications. Upon motion of Vice Mayor Marx, seconded by Council Member Shoresman, and on the following roll call vote: AYES: Council Member Francis, Shoresman, Vice Mayor Marx, and Mayor Stewart NOES: None RECUSED: Council Member Pease The foregoing resolution was adopted this 18th day of April 2023. Mayor Erica A. Stewart ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. Teresa Purrington City Clerk DocuSign Envelope ID: 616843CC-9821-4F0F-908E-D7915D7D8454 4/20/2023 | 2:56 PM PDT ADMINISTRATIVE ORDER NO. 01 (2023 SERIES) AN ADMINSTRATIVE ORDER OF THE COMMUNITY DEVLEOPMENT DIRECTOR TEMPORARILY SUSPENDING ENFORCEMENT OF CITY OF SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 8.11 WHEREAS, on July 19, 2022, the San Luis Obispo City Council adopted Ordinance 1717 (2022 Series) now codified as City of San Luis Obispo Municipal Code Chapter 8.11 (All-Electric New Buildings); and WHEREAS, on April 17, 2023 a three-judge panel of the Ninth Circuit Court of Appeals issued a decision holding that the City of Berkeley’s ordinance that prohibits natural gas piping in new buildings is preempted and prohibited by the federal Energy Policy and Conservation Act (California Restaurant Association v. City of Berkeley (9th Cir. 2023) 65 F.4th 1045)(the “Ruling”)); and WHEREAS, the City of San Luis Obispo’s All-Electric New Buildings ordinance is substantially similar to the invalidated Berkeley ordinance, in that it is a non-Building Code ban on natural gas infrastructure, with limited exemptions, including for newly constructed commercial kitchens and other specified facilities, as well as a general public interest exemption; and WHEREAS, the City of Berkeley timely filed a petition for rehearing of the Ruling by a panel of eleven Ninth Circuit judges on May 31, 2023; WHEREAS, it is the City of San Luis Obispo’s position that, while repealing Chapter 8.11 outright would be premature prior to final resolution of the Ruling, temporarily staying enforcement of Chapter 8.11 is the appropriate action pending final resolution; and WHEREAS, on April 18, 2023, the City Council authorized the City Manager and the Community Development Director to suspend enforcement of Chapter 8.11, consistent with, and only as required by, the Ninth Circuit Court of Appeal’s Ruling in California Restaurant Association v. City of Berkeley and any subsequent judicial proceeding and/or order of the Court related to the timing and application of the Ruling (Resolution No. 11414 (2023 Series)) and has been operating in accordance with City Council’s action since that time. NOW, THEREFORE, BE IT ORDERED by the Community Development Director of the City of San Luis Obispo that: SECTION 1. Enforcement of San Luis Obispo Municipal Code Chapter 8.11 (All- Electric New Buildings) shall remain temporarily paused pending final resolution of the California Restaurant Association v. City of Berkeley Ruling. DocuSign Envelope ID: 5DCEC053-92DE-4CE8-A00F-8E04979EEA6E Attachment B Administrative Order of the Community Development Director No. 1 (2023 Series) Page 2 SECTION 2. Effective Immediately Upon Notice of this Order and Until Rescinded: A. Applications for newly constructed buildings, as defined in Section 8.11.030 of the San Luis Obispo Municipal Code, that include use of natural gas infrastructure, as defined, shall not be denied solely on that basis. B. Given the known potential for this Order to be lifted, and enforcement of Chapter 8.11 to resume if the Ruling is vacated, applicants for building permits subject to Section 2, Subdivision A of this Order will be required to execute an agreement in the form attached hereto as Exhibit A upon submission of the building permit application, acknowledging that the City may, as allowed under current or subsequently decided law, at any time prior to the time at which an applicant has both been issued a building permit and performed substantial work and incurred substantial liabilities in good faith reliance on the issued permit, or at such other time prior to development rights lawfully vesting, require applicant to modify their building plans or construction to bring development into compliance with Chapter 8.11. SECTION 3: Nothing in this Order modifies the City’s otherwise applicable rights and obligations regarding the issuance of building permits, including the allowable time for the City to complete its review of submitted applications. SECTION 4: Nothing in this Order modifies or limits the City’s right to negotiate and execute Development Agreements pursuant to San Luis Obispo Municipal Code Chapter 17.128 that require all-electric buildings. SECTION 5. Nothing in this Order modifies the City Council’s policies preferring that all new buildings within the City should be all-electric and that there shall be no net new building emissions from onsite energy use by 2020 (Resolution No. 11133 (2020 Series); Resolution No. 11159 (2020 Series)). The City remains committed to implementation of the Climate Action Plan for Community Recovery and the associated goal of communitywide carbon neutrality by 2035 consistent with the limitations, if any, imposed by the final resolution of California Restaurant Association v. City of Berkeley. SECTION 6: This Order is automatically rescinded upon any judicial decision which overturns or otherwise vacates the Ruling. DocuSign Envelope ID: 5DCEC053-92DE-4CE8-A00F-8E04979EEA6E Administrative Order of the Community Development Director No. 1 (2023 Series) Page 3 SECTION 7. A copy of this Order shall be made publicly available for review and posted on the City’s website and shall also be provided to affected development applicants in the City at the time of application, or as otherwise necessary to provide direct notice to applicants regarding the impacts of such actions on the processing of their applications. The foregoing Administrative Order of the Community Development Director No. 1 (2023 Series) was approved this _____ day of June 2023. ____________________________________ Derek Johnson, City Manager ____________________________________ Michael Codron, Community Development Director ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________________. ______________________________ Teresa Purrington City Clerk DocuSign Envelope ID: 5DCEC053-92DE-4CE8-A00F-8E04979EEA6E for 28th 6/28/2023 | 9:16 AM PDT Building & Safety Division Clean Energy Program for New Buildings Community Development Temporary Suspension Acknowledgement Form 919 Palm Street, San Luis Obispo, CA 93401-3218. T: 805.781.7180 F: 805.781.7182 Page 1 of 2 Exhibit A ALL-ELECTRIC NEW BUILDINGS TEMPORARY SUSPENSION ACKNOWLEDGEMENT FORM EFFECTIVE DATE: June [X], 2023 APPLICABLE PROJECTS: All Newly Constructed Buildings (SLMC § 8.11.030(I)) APPLICABLE CODES: 2022 CEnC, CEC, CBC, and SLOMC Chapter 8.11 All newly constructed buildings, as defined in San Luis Obispo Municipal Code Section 8.11.030, including residential and nonresidential buildings, submitting for building permit on or after June [X], 2023, shall carefully read the following information and acknowledge your understanding by signing this form. On July 19, 2022, City Council adopted Ordinance No. 1717 (2022 Series) updating the Clean Energy Program for New Buildings to protect public health and safety by requiring all new buildings to be all -electric, banning gas infrastructure with limited exceptions, in Title 8 (Health and Safety) of the Municipal Code. The ordinance went into effect on January 1, 2023. On June [X], 2023, pursuant to Resolution No. 11414 (2023 Series), the Community Development Director Issued Administrative Order No. 01 (2023 Series) (the “Order”) temporarily suspending enforcement of Chapter 8.11 (All-Electric New Buildings) pending final resolution of California Restaurant Association v. City of Berkeley (9th Cir. (2023) 65 F.4th 1045) (the “Ruling”), which held that a similar ordinance adopted by Berkeley was pre-empted by federal law and, therefore, could not be enforced. The suspension of enforcement of Chapter 8.11 allow s permit applications for newly constructed mixed-fuel buildings to start the building permit review process. However, should the Ruling be vacated, the City will immediately reinstate enforcement of Chapter 8.11. Consistent with applicable law, building permits will be processed based on ordinances, standards, and regulations in place at the time of building permit issuance and the permit holder’s demonstration that it has performed substantial work and incurred substantial liabilities in good faith reliance on such permit, or at such other time development rights may vest according to law. Absent such showing of good faith reliance on a building permit issued during the suspension of enforcement of Chapter 8.11, the City may require applicant to modify their building plans or construction to bring development into compliance with Chapter 8.11, should enforcement resume. By signing this form, you acknowledge that you have read, understood, and agree to the following: a. The City of San Luis Obispo has temporarily paused enforcement of San Luis Obispo Municipal Code Chapter 8.11 via Administrative Order No. 01 (2023 Series) and will not deny a building permit application or otherwise require compliance with Chapter 8.11 as allowed under applicable law until such time the Order is rescinded and enforcement resumes. b. Any actions taken, or decisions made during this temporary enforcement pause are undertaken at your own risk, and the City disclaims any liability for any future enforcement of Chapter 8.11 as allowed by law and any resulting consequences, including but not limited to costs associated with potential re - design or any other related expenses. DocuSign Envelope ID: 5DCEC053-92DE-4CE8-A00F-8E04979EEA6E Building & Safety Division Clean Energy Program for New Buildings Community Development Temporary Suspension Acknowledgement Form 919 Palm Street, San Luis Obispo, CA 93401-3218. T: 805.781.7180 F: 805.781.7182 2 Failure or refusal of applicant to sign this Acknowledgement in no way modifies or limits the City’s rights, consistent with applicable law, set forth herein. Acknowledgement: __________________ Applicant __________________ Owner __________________ Signature __________________ Signature __________________ Phone __________________ Phone DocuSign Envelope ID: 5DCEC053-92DE-4CE8-A00F-8E04979EEA6E Attachment C 06/30/2023November 1, 201 November 2, 201 November 6, 201 November 8, 201 REVIEWED FOR CODE COMPLIANCE City of San Luis Obispo Building & Safety Division Attachment D Page 1 CBOA Agenda Report Item 4A For Agenda of: August 8, 20223 Placement: Public Hearing FROM: Michael Loew, Deputy Director/Chief Building Official PREPARED BY: Michael Loew, Deputy Director/Chief Building Official; and Rodger Maggio, Fire Marshal SUBJECT: INTERPRET THE APPLICATION OF MUNICIPAL CODE TITLE 15.04.020 (U), SUBSECTION 903.1.1.4 FOR BUILDING PERMIT BLDG- 0410-2023 RECOMMENDATION 1. Uphold the Building Official’s and Fire Marshal’s interpretation of Municipal Code Title 15.04.020 (U), subsection 903.1.1.4 for the application of Building Permit BLDG-0410-2023, to require the installation of an automatic sprinkler system given the proposed project plan. DISCUSSION Policy Context Article 1, Subsection 2, of the Construction Board of Appeals bylaws identifies the Construction Board of Appeals (CBOA) as a governing body to interpret the provisions of the City’s adopted codes, and to hear and decide appeals of orders, decisions, or determinations made by the Chief Building Official, Code Official, or Fire Marshal relative to the application and interpretations of the adopted Codes of Title 15. The board is hearing this matter since the applicant disputes an interpretation and application of Title 15. Background The application for Building Permit BLDG-0410-2023 is for a “2,595 square foot remodel for a bar tavern tenant improvement for Ancient Owl in an existing shell at 3197 Duncan Road” which is one portion of the overall 6,293 square foot building. The Code Analysis for the project (Attachment A, page 1) indicates the individually classified occupancies. The tenant improvement area has a detailed description of the use of each space, which includes an A-2 space of 994 square feet. The Fire Marshal noted since the review of the minor use permit (prior to the building permit application), that sprinklers are required if the occupant load exceeds 49. Assembly spaces with an occupant load less than 50 may be considered B occupancies according to Chapter 3 of the California Building Code (CBC). While the occupant load has not yet been approved by the Building Official or Fire Marshal, the Architect shows Page 2 Item 4A the overall space with an occupant load of 73 (Attachment A, page 2 ). Furthermore, according to the Code Analysis, the architect and code officials both agree that the most restrictive use of the new space is the A-2 occupancy. As a result, the Building and Fire Officials are requiring the installation of an automatic sprinkler system, based on Municipal Code Title 15.04.020 (U), subsection 903.1.1.4, since the change of use in the nonseparated space exceeds 1000 square feet. Code Context/History The Sprinkler Ordinance was established in 1990, and effective beginning January 1, 1991. The Council Agenda Report (CAR) that accompanied the new amendment to the local building and fire code outlines the purpose and intent of the section (Attachment A). The intended purpose, based on the 1990 CAR, of the current amendment found in Title 15.04.020 Amendment 903.1.1.4 is stated as: “Change in use or occupancy to a more hazardous use or occupancy .” (Highlighted on page 1 of Attachment B). The language of this section as adopted in 1990 differs from the current language of today. The amendment originally read as: “Throughout existing and new sections of an existing building for there is an occupancy classification change to a more hazardous use, as determined by the Fire Chief.” (Highlighted on page 13 of Attachment B). With the adoption of the 1992 California Building Code, the section was modified to read as follows: “Throughout existing and new sections of an existing building for which there is an occupancy classification change.” (Highlighted on page 22 of Attachment C) In a CAR from 6/16/1992 (Attachment C), this amendment was modified. The purpose of the change was to make it less restrictive, but specifically for the conversion of existing garages to residential occupancies. The explanation reads as follows: “The exception to Number 4 of Section 10.507(b) is less restrictive and more clear than the prior code. It allows conversions of existing garages to dwelling space without the requirement for a sprinkler system, provided there is no increase in floor area. This will relieve some financial impact to these type of conversions.” (Highlighted on page 3 of Attachment C). A CAR for the 1995 adopted amendments (Attachment D) provides new language that is close to identical to the language in today’s municipal code, and then included the specific language for the 1000 square foot trigger: “An automatic fire extinguishing system… shall be installed… Throughout an existing building where the is an occupancy classification change for Page 3 Item 4A floor area exceeding 1,000 square feet.” (Highlighted on page 20 and 22 of Attachment D) The 1995 CAR explains the purpose for all amendments and changes to existing amendments: “In existing buildings where significant alterations, additions greater than 1,000 square feet in floor area, or occupancy changes occur, this section requires the install of fire sprinkler systems.” (Highlighted on page 3 of Attachment D) Building Official Commentary The Building Official and Fire Marshal have both interpreted the current municipal code considering the history of the amendment as outlined above. The initial purpose of the amendment was to require an automatic sprinkler system in existing buildings when new uses result in more hazardous conditions. Furthermore, all modifications to the section, even when making the requirements less restrictive, did not intend to allow a “nonseparated mixed-use” space to circumvent the requirements for adding sprinklers. Chapter 9 of the California Building Code and California Fire Code are identical and have both been locally amended with the addition of Section 903.1.1. Specifically, regarding “change of use,” Section 903.1.1.4 reads: “903.1.1.4 Change of Use. An approved automatic fire sprinkler system shall be installed throughout an existing building where there is an occupancy classification change for the floor area exceeding 1000 square feet. The provisions of Section 3406.1 shall not eliminate the requirement for an automatic fire sprinkler system. Exceptions: 1. An attached Group U occupancy changed to a Group R, Division 3, occupancy, provided the building was constructed before July 7, 1990, and there is no increase in floor area. 2. Occupancy classification changes to Groups F, M, S, and U from an equivalent category as defined in previous editions of this code.” The floor plan of the proposed project (Attachment A, page 2) shows the conversion of an existing space into what is being described as a “mixed-use” TI. The 2022 edition of the California Building Code (CBC) requires nonseparated mixed-use spaces to comply with section 508.3: “508.3 Nonseparated occupancies. Buildings or portions of buildings that comply with the provisions of this section shall be considered as nonseparated occupancies. Page 4 Item 4A 508.3.1 Occupancy classification. Nonseparated Occupancies shall be individually classified in accordance with Section 302.1. The requirements of this code shall apply to each portion of the building based on the occupancy classification of that space. In addition, the most restrictive provisions of Chapter 9 that apply to the nonseparated occupancies shall apply to the total nonseparated occupancy area.” Therefore, for the purposes of Chapter 9 (which has, the entire tenant space is being viewed with the most restrictive provisions of an individual occupancy classification for the total nonseparated space, which in this case is an A-2 (Assembly; Taverns and bars). This means that regardless of other spaces being identified as other occupancy classifications; and, absent any separation between those spaces, the Building and Fire Official are considering all portions of the Ancient Owl as an A-2 occupancy. ATTACHMENTS A – Ancient Owl Plans B – Council Agenda Report Item C-5 (6/6/1990) C – Council Agenda Report Item 4B (6/16/1992) D – Council Agenda Report Item 1B (11/21/1995) Page 1 of 2Attachment A Page 1 of 2 Page 2 of 2Attachment A Page 2 of 2 kiMnN dllllll&011111I1 city of sari LUIS OBISp0 June U'4A90 INShMe COUNCIL AGENDA REPO T nB"""NUMBER: - FROM: Michael Dolder, Fire Chie Prepared by: Erwin Willis, Fire Marshal SUBJECT: Adoption of the 1988 Uniform Fire Code including amendments, one of which is a comprehensive fire sprinkler amendment requiring installation of fire sprinklers in new construction, major remodels, and retroactive installation in downtown "core" buildings. CAO RECOMMENDATION: Give final passage to Ordinance No. 1170 (199'0 Series) amending the San Luis Obispo Municipal Code Chapter 15 Section 15.08.010, adopting the 1988 Uniform Fire Code and repealing and replacing Sections 15. 08.030 through 15.08.350. DISCUSSION: On May 15, 1990 a public hearing was held regarding the Uniform Fire Code adoption. Following which the Council passed Ordinance No. 1170 (1990 Series) to Print. This Ordinance adopts the 1988 Uniform Fire Code with 19 amendments. The most important of which is a comprehensive fire-sprinkler amendment. The proposed fire-sprinkler amendment will require automatic fire-sprinkler systems in the following: All new construction except small detached garages for single- family dwellings Major remodels Change in use or occupancy to a more hazardous use or occupancy Retro-fit installation in downtown "core" buildings, by January 1, 2000 The fire code is part of the Uniform Code Series and is designed to work in conjunction with the Uniform Building Code. At the same meeting the Council also introduced. Ordinance No. 1169 which adopts the 1988 Uniform Building Code. Both the Building and Fire codes contain appropriate amendments to keep the Codes consistent. Additionally, at the May 15 meeting by motion, Council directed staff to return with a $61,000 per year funding plan for the downtown retro-fit sprinkler laterals as part of the Water, Waste Water Master plan. A compressive staff report on these items including justifications is on file and available in the City Clerks Office. ATTACHMENTS Ordinance No. 1170 (1990 Series) Attachment B Page 1 of 20 ORDINANCE NO. 1170 (1990 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, AMENDING TITLE 15, CHAPTER 15.08 OF THE MUNICIPAL CODE TO ADOPT THE LATEST EDITION OF THE UNIFORM FIRE CODE AND MAKE EDITORIAL AND MINOR CHANGES AND DELETIONS TO THE MUNICIPAL CODE AND ADOPTING FINDINGS OF FACT TO SUPPORT THE IMPOSITION OF REQUIREMENTS WHICH ARE GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE STATE BUILDING CODE WHEREAS, the City of San Luis Obispo has numerous fires in structures which causes extensive property and possible life loss; and WHEREAS, the City of San Luis Obispo has limited fire-fighting resources; and WHEREAS, automatic fire-sprinkler systems have been found to be an efficient and effgctive means of combatting fire; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide the citizens with the greatest degree of fire and life-safety in the most cost-effective manner, by adopting that body of regulations generally referred to as the Uniform Fire Code with amendments specific to the City of San Luis Obispo; and WHEREAS, the California Health and Safety Code, Chapter 4, Part 15, Division XHI, Section' 17958, Section 179585 and Section 17958.7 requires the Council, before making any modifications or changes pursuant to Health and Safety Code, Section 17958.5, to make an express finding that each such modification or change is needed; and, WHEREAS, the California Health and Safety Code Section 179585 requires that such changes must be determined to be reasonably necessary because of local climatic,.geographical, or topographical conditions; and, WHEREAS, the City Council of the City of San Luis Obispo found by Ordinance No. 943 (1983 Series), adopted on the January 18, 1983, that the Uniform Fire Code as adopted should be changed or modified by amendments which have been previously approved by the Department of Housing and Community Development of the State of California; and, o 1170 Attachment B Page 2 of 20 i WHEREAS, Sec. 2303(c), Sec. 4.101, Sec. 9.108, Sec. 9.121, Sec. 10206, Sec. 10.207(b,c,), Sec. 10.210 Sec. 10.301(a,b,e) Sea 10307(a), Sec. 10309(a), Sec. 10310, Sec. 10312(c), Sec. 10.501(b), Sec. 10.502(a), Sec. 11.101(a), Sea 11.210, Sea 11.404(e,f g h), Sec. 11.416, Sec. 79301, Sea 79301, Sea 82.102(a,c) of the Uniform Fire Code have had previous findings made for their modification and said findings as contained in Ordinance No. 943 (1983 Series) have been transmitted to the Department of Community Development and have been accepted; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the Department of Housing and Community Development, State of California; NOW THEREFORE BE IT ORDAINED that the Council of the City of San Luis Obispo affirms the findings justifying the previous changes and modifications as contained in Ordinance No. 943 (1983 Series); BE IT FURTHER ORDAINED by the Council of the City of San Luis Obispo that said Council hereby determines that Sections 4.108, 9.108, 9.121, 10.202, 10.207(bm), 10301(b,c), 10303(a), 10306(b,c,d,e,f g,h); 10307, 10.501, 10,501(a), 10.502, 11.101, 11210, 14,105, 14105(a,c), 14.106, 61.106, 79301(6), 79.501, 81.102, 82.104 of the 1988 Uniform Fire Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards Code; BE IT FURTHER ORDAINED by the City Council that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of San Luis Obispo, and the City Council further finds that the following findings support the local necessity for the changes or modifications: FINDING 1 That the City of San Luis Obispo is situated at the base of the Santa Lucia Mountains with drainages from San Luis, Chorro, Stenner, Old Garden, and Briuolara Creeks, which flood with resulting conditions rendering fire department vehicular traffic unduly burdensome or impossible.as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982. Further, flood conditions, described 2 Attachment B Page 3 of 20 r. I' above, carries with it a potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and their emergency task demands inherent in such situations.. Further, the potential for the aforementioned flooding conditions to result in limiting fire department emergency vehicular traffic with resulting overtaxed fire department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located in the City of San Luis Obispo. Furthermore, the afore-described conditions support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9,10, 11, 61, 79, and 82 of the 1988 Uniform Fire Code. FINDING 2 That the City of San Luis Obispo is situated near three major faults each capable of generating earthquakes with a magnitude of 7S. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City; the San Simeon to the Northwest; Edna, and the.Edna Extended faults which enter the southern areas of the City. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City of San Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of San Luis Obispo from the North and South due to the potential of collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades; and the potential for horizontal or vertical movement of the Edna fault, rendering surface travel across the southern extremities of the City unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include: loss of the City's two main water sources, the Salinas and Whale Rock reservoirs, broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9,10, 11; 61, 79, and 82 of the 1988 Uniform Fire Code. FINDING 3 That the particular geographical status of the central commercial area in the City of San Luis Obispo 3 S Attachment B Page 4 of 20 consists of mixed conditions which hold forth the potential for possible conflagration. This situation includes congested streets during the business day, numerous older buildings without adequate internal 4 fire resistiveness and contemporary low-rise buildings, which taken together actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the San Luis Obispo commercial area and the current and potential development of high-rise buildings will pose a substantial threat to human life and public safety and to the preservation of property against fire and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code as adopted by the City of San Luis Obispo, California, in 1982 and 1985, and in particular, support the imposition of the requirements set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9,10, 11, 61, 79, and 82 of the 1988 Uniform Fire Code. FINDING 4 That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the north/south direction and'a major highway (Hwy 1) traversing in an easthvest direction. The City is also transected by a mainline railroad which traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life,and to prevent as far as practicable, property losses. Emergency personnel responding to such aforementioned incidents, may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation with the potential result of undue and unnecessary risk to the protection of life and public safety and in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The afore-described problems support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9,10, 11, 61, 79, and 82 of the 1988 Uniform Fire Code. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties to the control and protection against fire situations in the City of San Luis Obispo. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the thousands of 4 Attachment B Page 5 of 20 brush-covered slopes in the Santa Lucia Mountains, San Luis Mountain, and the Irish Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the City. When a fire occurs in such areas, such as occurred in 1985 when the Los Pilitas fire burned six days and entered the City and damaged many structures, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Further, the effect of Santa Ana winds and extremely dry weather upon the upper floor; of a multi-story.building can create situations which endanger life and property. Therefore, the above-described factual findings support the imposition of fire-protection requirements greater than those set forth in the State Building Standards Code and in particular, support the.imposition of the greater requirements than set forth in Articles 4, 9,10, 11, 61, 79, and 82 of the 1988 Uniform Fire Code. FINDING 6 That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings evidenced by the afore-described findings allow a trade-off for, and reduction of, other less effective fire-resistive components of a building and support the acceptance of requirements lesser than those set forth in State Building Standards Code and, in particular, support the imposition of lesser requirements than those set forth in Article 10 of the 1988 Uniform Fre Code. BE IT ORDAINED by the said Council that the State.Building Standards Code, required to be adopted by the City of San Luis Obispo, should be modified, changed and amended, as provided for in the ordinance attached hereto, based upon the foregoing findings and that said Council takes the afore-described action because of the public interest in protecting life and preserving public safety and property: BE IT FURTHER ORDAINED that the City Clerk be and hereby is authorized and directed to transmit a certified copy of this ordinance, adopting and modifying the Uniform Fire Code, to the State of California Department of Housing and Community Development. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: 5 Attachment B Page 6 of 20 SECTION 1: Chapter 15.08 of Title 15 of the. San Luis Obispo the Municipal Code is hereby repealed and replaced by a new Chapter 15.08 to read as follows: SECTION 2. CHAPTER 15.08 15.08.010 ADOPTION There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from,fire and explosion, a certain fire-prevention code known as the "UNIFORM FIRE CODE", recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 Edition, including appendices I-A, 1-C, II-A, II-B, H-D, III-A, III-D, IV-A, V-A, VI-A, VI-B, VI-D and VI-E, and except such portions as are modified by Section 15.08.040 of the San Luis Obispo Municipal Code, of which code not less than three (3) copies have been and are now filed in the office of the City Clerk of San Luis Obispo certified as true copies by the City Clerk, and the same are hereby adopted and incorporated fully as if set out in length herein, and from the date on which this Section shall take effect the provisions thereof shall supersede the previous edition of the Uniform Fire Code adopted by the City Council and shall be controlling within the limits of the City of San Luis Obispo. 15.08.020 Bureau of fire prevention-Established-Duties of the chief of the fire department. A The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department. B. The chief in charge of the bureau of fire prevention shall be the chief of the fire department. C. The chief of the fire department may detail such members of the fire department as shall from time to time be necessary. The chief of the fire department shall recommend to the city administrative officer the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. 6 etS- Attachment B Page 7 of 20 i 1 15.08.030 Authority having jurisdiction defined Whenever the words "authority having jurisdiction" is used in the fire-prevention code, it shall be held to mean the City of San Luis Obispo. IS.08.040 Amendments—Generany.. The provisions of the Uniform Fire Code, hereinafter referred to as UFC, 1988 Edition, are amended, supplemented and repealed as set forth in Section 15.08.050 through 15.08350 IS-08.OSO SECTION 4.108. amended—Permit Required Section 4.108 is amended to add a.second paragraph to read as follows: Permits are obtained from the San Luis Obispo City Fire Department (Fire Prevention Bureau). A fee may be charged for Fire Department permits. The amount of these fees shall be established by resolution of the City Council. The Chief may waive or reduce permit fees so established when he determines that to do so would be consistent with the best interests of the City and Fire Department. 15.08.060 SECTION 4.108.a.LL amended—Permit Required: Section 4.10&a.2.1 added to read as follows: To install or modify any fire alarm equipment prior to starting work 15.08.070 SECTION 9.108 amended--Sorority house defined. Section 9.108 is amended to add a definition of Fraternity House to read: FRATERNITY HOUSE (OR SORORITY HOUSE) means a building or buildings occupied by six 6) or more college or university students who are members of a social or educational association and/or where such an association holds gatherings. Fraternity House and Sorority House shall be classified as R-1 occupancies as defined in the Uniform Building Code. 15.08.080 SECTION 9.121 amended—Sorority house defined. Section 9.121 is amended to add a definition of Sorority House and read: Sorority House (see Fraternity House Section 9.108 UFC). 7 Attachment B Page 8 of 20 I 15.08.090 SECTION 10302. amended—Tampering with Fire Hydrant or Fire Appliance Section 10202 is amended as follows: No person shall remove from service, alter, tamper with or otherwise disturb any fire hydrant,.fire appliance, fire-alarm system or automatic sprinkler-system required to be installed or maintained under the provisions of this code or by the Fire Department except for the purpose of extinguishing a fire, training purposes, recharging, making necessary repairs or when permitted by the Fire Department. Whenever a fire appliance or any of the above systems is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. 15.08.100 SECTION 10.207.(b) amended—Fire access roads. Section 10.207.(b) is amended to as follows: b) Where Required. Fire apparatus access roads shall be required for every building hereafter constructed when any portion of an exterior wall of the first story is located more then 150 feet from Fire Department vehicle access. EXCEPTIONS: 1.When buildings are completely protected with an approved automatic fire sprinkler system, this distance may be increased to 300 feet. 2.When access roadways cannot be installed due to topography, waterways, non-negotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 10.301.(b). 3.When there are not more than two Group R, Division 3 or Group M occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire- fighting or rescue operations would not be impaired.. More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 81.109. 8 C S•9 Attachment B Page 9 of 20 15.08.110 SECTION 10.207.(m) added—Authority to have vehicles in violation of Sections 10-206 and 10.207(k) removed—Fire appliances. Section 10207(m) is added to read as follows: The Chief and his authorized representatives shall have the power and authority to remove or cause to be removed, without notice, any vehicle, or object parked or placed in violation of UFC Sections 10.206 or 10207(k). The owner of any item so removed shall be responsible for all towing, storage and other charges incurred. 15.0&120 SECTION 10301.(b) amended—Special Hazards Section 10301(b) is amended as follows: In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or the location is beyond the four-minute response time of the Fire Department, or the location is above the water-service height limit, additional safeguards may be required consisting of additional fire- appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved Such devices or.appliances may consist o& but are not limited to, automatic fire-alarm systems, automatic sprinkler or water-spray systems, standpipe and hose, fixed or portable fire-extinguishers, Nomex blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with applicable Uniform Fre Code Standards or standards of the National Fire Protection Association when the Uniform Fire Code Standards do not apply. Other improvements such as fire-rated construction or fire-retardant or non-combustible roof and/or exterior coverings may also be required- 15-08.130 equired15.08.130 SECTION 10301.(c) amended—Water supply. Section 10.301 is amended as follows: c) Water Supply. An approved water supply capable of supplying the required fire-flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the 9 e-VO Attachment B Page 10 of 20 1 I building, there shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire-flow. 1 EXCEPTION: For buildings not in a wildland interface area where the building is protected by an approved fire-sprinkler system throughout, the distance may be increased to 300 feet. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fated systems connected to the municipal water system and capable of providing the required fire-flow. In setting the requirements for fire-flow, the chief may be guided by the Fire Suppression Rating Schedule published by the Insurance Services Office, 1980. EXCEPTION: For a building protected by an approved fire-sprinkler system throughout, the required fire-flow may be reduced by 50%. The location, number and type of fire hydrants connected to a water supply capable.of delivering the required fire-flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. 7D EXCEPTION: For areas not in the wildland interface where all buildings in the area are protected by an approved fire-sprinkler system throughout, the allowable distance between hydrants may be increased by 50%. 15.09.140 SECTION 10303.(a) amended—Fire Extinguishers Section 10303(a) is amended as follows: General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code, or as may be determined by the chief. Portable Erre extinguishers shall be in accordance with U.F.C. Standard No. 10-1. The minimum fire extinguisher requirement shall be the installation of one (1) approved 2-A:10- B:C as rated by Underwriters Laboratories fire extinguisher for every 3,000 square feet of floor area or 75 feet of floor travel; whichever is greater. 10 Cis-r( Attachment B Page 11 of 20 15.08.150 SECTION 10306.(b) amended—Automatic Fire-extinguishing Systems Section 10306 is amended follows: All new occupancies. An automatic sprinkler-system shall be installed and maintained in all new occupancies regardless of floor area or occupancy type. Residential or quick-response standard sprinklers shall be used in dwelling units and guest-room portions of all buildings. All systems shall conform to the appropriate National Fire Protection Association (NFPA) Standards 13, 13D and the San Luis Obispo City Fire Department. EXCEPTION: Detached Group M occupancies not exceeding 500 square feet in floor area and located at least 10 feet from adjacent buildings and 5 feet from adjacent property lines. 15.08.160 SECTION 10306.(c) amended—Automatic Fire-extinguishing Systems, Existing Occupancies Section 10.306.(c) is amended as follows: All Existing Occupancies. Automatic fire-sprinkler systems shall be installed and maintained in all existing buildings as follows; 1.Existing buildings that are in the commercial fire-nine as established in Section 10501. of the Uniform Fire Code as amended by the City of San Luis Obispo shall have an automatic sprinkler system installed and operational throughout by January 1,2000. 2) Throughout existing and new sections of any existing building whenever total additions result in an increase of more than 1,000 square feet in the total floor area, including mezzanines or additional stories. The total additional area shall be cumulative with each addition to the building. 3) Throughout existing and new sections of any existing building whenever alterations exceed fifty percent (50%) of the replacement value, as determined by the Building Official. Alteration values shall be cumulative with each application for a Building Permit. 11 Attachment B Page 12 of 20 i EXCEPTION: 1.Group R, Division 3 and Group M occupancies (one and two family dwellings). 2.Alterations limited to interior and exterior painting, carpeting, interior window coverings, drapes, interior non-bearing partitions, surface re-roofing or plumbing, mechanical or electrical repairs. 4) Throughout existing and new sections of an existing building for which there is an occupancy classification change to a more hazardous use, as determined by the Fire Chief. 5) At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads:installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 6) In rooms where nitrate film is stored or handled 7) In protected combustible fiber storage,vaults as defined in the Fire Code. 15.08.170 SECTION 10.306.(d) amended--Automatic Fire-extinguishing Systems, floor area. Section 10.306.(d) is amended as follows: Floor Area. For the purpose of requiring the automatic fire-sprinkler systems specified in this chapter the floor area within the surrounding exterior walls shall be considered as one building. Area separation walls as set forth in the UBC shall not be used in calculating allowable floor area for sprinkler requirements. 15.08.180 SECTION 10306.(e) amended—Automatic Fire-extinguishing Systems, Notification. Section 10.306.(e) is amended as follows: Notification. Whenever the Fre Department determines by inspection, that a building does not conform to the minimum requirements of Subsection (c) 1 of this Section, it shall prepare a fire/life-safety notice in writing that an automatic fire-sprinkler system be installed in the building. The notice shall specify in what manner the building fails to meet the minimum requirements of 12 s-lJ Attachment B Page 13 of 20 Subsection (c) 1 of this Section. It shall direct that plans be submitted, and that necessary permits be obtained not later than January 1, 1999 and that the automatic sprinkler system be installed not later than January 1, 2000. The Fire Department shall serve the notice, either personally or by certified or registered mail, upon the owner as shown on the last-equalized assessment roll and upon the person, if any, in real or apparent charge or,control of the building. 15.08.190 SECTION 10306.(f) amended—Automatic Fire-extinguishing Systems, Recordation. Section 10306.(f) is amended as follows: Recordation. At the time that the Fire Department serves the aforementioned order or notice, the. Fre Department shall file with the Office of the County Recorder, a certificate stating that the subject building does not meet the minimum fire-safety requirements of Subsection (c) 1 and that the owner thereof has been so notified. After all necessary corrective work has been performed, the Fre Department shall file with the. Office of the County Recorder, a certificate terminating the status of the subject building as non- conforming to the minimum fire-safety requirements of Subsection (c) 1 of this Section. 15.08.200 SECTION 10306.(g) amended—Automatic Fine-extinguishing Systems, Enforcement. Section 10306.(g) is amended as follows: Enforcement. If the owner or other person in charge and control of the subject building fails to comply with the aforementioned order or notice within the time periods set forth in Subsection (e) of this Section, the owner is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonmerit for not more than six months, or by both fine and imprisonment. A person is guilty of'a separate offense each day during which be commits, continues or permits a violation of Subsection (c) 1 of this Section. 15.08.210 SECTION 10.306.(h) amended Automatic Fire-extinguishing Systems,Standards. Section 10.306.(h) is amended as follows: Standards. All automatic fire-sprinkler systems required by this Section, shall comply with those standards and written policies established of the San Luis Obispo City Fire Department. 13 Lis- Attachment B Page 14 of 20 f 15.08.220 SECTION 10.307, amended-Sprinkler System Supervision Alarms. Section 10.307 is amended as follows: All automatic sprinkler-systems shall be supervised by a Central Station listed by Underwriters Laboratories for reciving fire alarms. EXCEPTIONS: 1.Isolated specialty systems such as spray paint-booth systems or isolated installations in closets and storage spaces unless the entire occupancy is also equipped with an automatic sprinkler-system: 2.Residential sprinkler systems for single-family dwellings or duplexes. 15.08.230 SECTION 10.501. added—Fire resistive construction. Section 10.501 is added to read as follows: There is hereby established a commercial fire-zone established by the Chief, outlined on a map of the City of San Luis Obispo, Exhibit A, copies of which are on file in the offices of the City Clerk and the Fire Department. 15.08.240 SECTION 10.501.(a) added—Construction of Interior walls, permanent partitions and enclosures. Section 10.501.(a) is added to read as follows: All new construction within the commercial fire-zone established by the Chief shall hereafter require interior walls, floors, ceilings and partitions to be constructed with 5/8" Type "X" gypsum wall-board or its equivalent regardless of all other lesser minimum requirements to the contrary. This requirement applies to all additions, and alterations, as defined in the Uniform Building Code. EXCEPTION: Buildings protected throughout by an approved tire-sprinkler system. 15.08.250 SECTION 10.502. added-Roof covering. Section 10.502 is added to read as follows: It shall be unlawful to install or cause to be installed, wood-shake or wood-shingle roofs on any building. In cases where buildings to be re-roofed have different roof coverings present; the least combustible covering shall be used as the minimum standard of replacement.i 14 Attachment B Page 15 of 20 EXCEPTION:Remodels and additions where less than 50% of the original roof area requires a new roof covering may use Underwriters Laboratories listed fire treated wood covering. The 50% area is a cumulative area that may not be exceeded at any time. 15.08.260 SECTION 11.101.(a) amended—Refuse burning. Section 11.101 is amended to add a third sentence to read as follows: No waste matter, combustible material or refuse shall be burned in .the open air within the City, except for agricultural, ceremonial or similar types of fires when authorized by the Chief. 15.08.270 SECTION 11.210.added—Exterior awnings. Section 11.210 is added to read as follows: All exterior awnings connected or adjacent to buildings shall be made from either fabric which has been flame-resistant treated with an approved exterior chemical process by an approved application concern, or from inherently flame-resistant fabric approved and listed by the State Fire Marshal for exterior use. Certificates of flame-resistance or other documentation acceptable to the Chief shall be available on the premises to affirm the flame-resistance of all fabrics and materials used as part of exterior awnings. EXCEPTION: Single-family and small two-family dwellings not exceeding two stories in height. 15.08.280 SECTION 14.105.(a) amended—Fire alarm systems, special provisions Section 14.105.(a) is amended as follows: All required fire detection systems installed in Group A through R-1 occupancies shall be supervised by a central station listed by Underwriters Laboratories for receiving fire alarms within one year after the adoption of this code. A U.L. "Central Station Signaling System Certificate" shall be provided to the Fire Department upon request. 15.08.290 SECTION 14.105.(c) amended—Fire alarm systems, annunciation. Section 14.105.(c) is amended as follows: 15 Attachment B Page 16 of 20 r All fire alarm systems shall be zoned as required by the Fire Department. Multi-story buildings shall be zoned per floor as a minimum. All multi-zone fire alarm systems shall be provided with an approved graphic annunciator in a location acceptable to the fire department. EXCEPTION:Buildings where the location of a fire would be readily apparent as determined by the Fire Department. 15.08.300 SECTION 14.106. amended—Fire alarm systems, maintenance. Section 14.106 is amended as follows: The installation, testing, inspection, monitoring and maintenance and repair of fire alarm systems shall be in accordance with Underwriters Laboratories and the appropriate National Fire Protection Association Standards. 15.08.310 SECTION 61.106.(e) added—Unvented fuel-burning beaters—Display for sale. Section 61.106.(e) is added to read as follows: Any unvented fuel-burning room heaters on display for retail sale shall be accompanied by a conspicuous warning sign readable from the display aisle stating: It is illegal to sell or use unvented fuel-burning heaters for residential use' 15.08.320 SECTION 79.301.(b) amended—Stationary tanks for storage of Class I, II, II-A liquids—in buildings. Section 79.301.(6) is amended as follows: Where Allowed. Stationary tanks for the storage of Class I, Il, or III-A liquids shall not be installed inside buildings. 15.08.330 SECTION 79.501. amended-Storage of Class I and II liquids in aboveground tanks outside of buildings. Section 79.501 is amended as follows: The storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited. 15.08.340 SECTION 82.102.(d) added—Plans for approval of Liquefied Petroleum Gases. Section 82.102.(d) is added as follows: 16 s-l Attachment B Page 17 of 20 Plans for approval of LPG tank installations must be approved by the Fire Department prior to installation. 15.08.350 SECTION 82.104.(b) amended-Maximum capacity of liquefied petroleum gas tanks. Section 82.104.(b) is amended as follows: Maximum Capacity Within Established Limits. The installation of any liquid-petroleum gas tank over 500 gallons water capacity is prohibited. SECTION 3: If any provision of this Ordinance is for any reason held to tie invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. SECTION 4: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published at least (5) days prior to its final passage in the Telegram Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. 17 Attachment B Page 18 of 20 INTRODUCED AND FINALLY PASSED TO PRINT by the Council of the City of San Luis Obispo.at a meeting held on the 15th day of May 1990, on motion ofCouncilwomanCouncilman Rappa seconded by Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES None ABSENT: None e MAYOR Ron Dunin CITY LERK Pam4 Voges sssss APPROVED BY: c CITY A INISTRATIVE OFFICER FINANCE DIRECTOR T TT RNE FIRE CHIEF 18 Attachment B Page 19 of 20 Exhibit A n v T S - - --- m A —to - > 4 co 71 w4 BEACH T v NIPOMQ STI.500 ED o v ra o F- 1 BROAD ---- I Be r O o ROAD ST. M CS GARDEN I O m GU CHORRI CHORRO ST. m p p 47 MORRO I 0iQ MORRO ST. o F-10 o l__ Jo® EJ OSOS ST: 13001 700 OSOS ST. v Gil m 1 qwElP SANTA ROSAIL SANTA ROSA w sa p fb TORO ST. I li n ------coyNSO w o I 4' 4k tl P PPER ST. I, 3 S P R R I> o a 70 ZI ml i A ml h y NH 5-15-90 Attachment B Page 20 of 20 Meeting Date: 6/16/92 H IIIII Ia ll city of San WIS OBISPO yg Oftmo COUNCIL AGENDA REPORT FROM: Robert Neumann, Fire Chief PREPARED BY: Ken McCool, Fire Marshal SUBJECT: Amending Title 15, Chapter 15.08 of the San Luis Obispo Municipal Code to adopt the 1991 edition of the Uniform Fire Code. CAO RECOMMENDATION: Introduce ordinance to print repealing Chapter 15.08 of Title 15 of the San Luis Obispo Municipal Code and creating a new Chapter 15.08 adopting the 1991 edition of the Uniform Fire Code with amendments. DISCUSSION: Every three years the Uniform Fire Code is republished to incorporate all changes which have been submitted, reviewed, and accepted by the Western Fire Chief s Association and the International Conference of Building Officials. The State of California adopts the most recent edition of the code which is, subsequently, published by the Building Standards Commission. State law mandates that local jurisdictions enforce the most recently adopted code (known as the California Fire Code) beginning 180 days following the date of publication by the Building Standards Commission. As a result, the 1991 edition of the Uniform Fire Code will become effective July 1, 1992. Because of the State mandate to enforce the California Fire Code, we will soon be faced with enforcing two sets of codes: the 1988 code, which is currently adopted as City ordinance with amendments, and the 1991 code which will become law on July 1, 1992. This has the potential to create considerable confusion for designers, builders, and enforcement staff who are involved in using and enforcing the codes. City adoption of the 1991 code will eliminate this confusion and allow implementation of new amendments and a carry-over of existing amendments to the California Fire Code which address situations unique to the City of San Luis Obispo. Because some of the amendments to the 1988 code are now incorporated into the 1991 edition or deemed no longer justified, the proposed ordinance begins by repealing the existing chapter of the Municipal Code which adopts and amends the 1988 code. The ordinance then creates a new chapter adopting the 1991 code with amendments and incorporating previously adopted regulations with editorial and format changes only. Attachment 1 summarizes the content and justification for all the proposed changes. Attachment 2 is a legislative draft for changes to the Uniform Codes. Due to the State mandate requiring enforcement of the California Fire Code, the City really has no choice other than adoption of the new code. However, the City can modify the code to suit unusual local conditions, and the proposed ordinance contains necessary findings which justify the recommended modifications. 48 04 Attachment C Page 1 of 37 i IIIIIII II I B City of san tuis ompo so COUNCIL AGENDA REPORT Proposed amendments that are carry-over items from previous adoptions include: 1) A provision that allows the Fire Department to charge fees for permits and requires that those fees be established by resolution of the City Council. 2) The Fire Sprinkler Ordinance (same as Building Code) and several provisions that allow less restrictive requirements for access, fire-flow and hydrant placement when sprinklers are used. 3) Fire-resistive construction in the commercial fire zone. 4) Clarification of requirements for occupancy changes. 5) A prohibition on the use of wood-shingle shake roof coverings. 6) Fire-resistive requirements for awnings. 7) Prohibition of open-burning in the City. 8) Limitation on LPG tank size. Proposed amendments that are new changes to Chapter 15.08 include: 1) Defining the City of San Luis Obispo as a hazardous fire area. 2) Identification of equipment rooms for Fire Department use. 3) Clarification of requirements for occupancy changes. 4) Clarification on requirements for commercial-type food heat-processing equipment. 5) Accountability for knowledge and use of manually-operated extinguishing equipment. 6) Clarification on the posting of a bond, insurance policy or letter of credit for use of explosives. 7) Clarification on standards for fire-alarm systems. 8) Clarification of requirements for the use of above-ground tanks for motor-vehicle fuel. The goal of this adoption is to incorporate the local and State fire codes into one document for the convenience of designers, builders, building owners and enforcement officers. The adoption will also meet the State's mandate. CONCURRENCES: The Building Department has reviewed the editorial and format changes and concurs with the adoption of the 1991 Uniform Fire Code with proposed amendments. FISCAL IMPACT: There are no significant fiscal impacts. ATTACHMENTS: 1) Discussion and Summary of Amendments 2) Legislative Draft 3) Proposed Ordinance (on file in the City Clerk ' s Office) x Attachment C Page 2 of 37 ATTACHMENT 1 DISCUSSION AND SUMMARY OF AMENDMENTS PROPOSED FOR CHAPTER 15.08 OF THE SAN LUIS OBISPO MUNICIPAL CODE NOTE: For the purpose of this attachment, only those sections with significant changes will be discussed. There will be no discussion of sections where only the article number has been changed or minor editorial changes have been made. Additionally, any sections that have no changes in the amendments to the 1988 UFC will also not be discussed. Section 15.08.010 adopts the 1991 Uniform Fire Code (UFC) and appropriate appendices. As a general note, the 1991 UFC with amendments by the State of California, known as the California Fire Code, will automatically become effective as law throughout every jurisdiction in the State on July 1, 1992. Municipalities such as San Luis Obispo are allowed to amend this code to meet their needs as long as the amendments are not less restrictive than those set by the State. Section 9.110 clarifies the jurisdictional limits of the City as being subject to the same provisions set forth in the code for a hazardous fire area. This provides the Fire Chief the ability to regulate conditions that are set forth in Appendix IIA. These conditions include such things as open burning, open-flame devices, outdoor cooking fires, clearance of hazardous vegetation, dumping, and attaching liability for damage that occurs from negligent fires. Section 10.306 Provides requirements for identification of equipment rooms and rooms where fire detection and suppression controls are located. This will allow Firefighters to more quickly identify these rooms during emergencies. Section 10.507(b) deals with the requirements for fire sprinkler systems. Editorial changes have been made so that verbiage in the Fire Code will be the same as that in the Building Code. Additionally, changes have been made to this section to clarify grey area and redundancies that have been identified since the adoption of the 1988 UFC. Number 1 of Section 10.507(b) deletes verbiage that has been subject to interpretation. It also adds verbiage that clarifies the requirement for sprinkler systems when an occupancy change occurs in a building. The Building Department and the Fire Department have worked to clarify this section and we both concur that it will save many hours of staff time in the future. The exception to Number 4 of Section 10.507(b) is less restrictive and more clear than in the prior code. It allows conversions of existing garages to dwelling space without the requirement for a sprinkler system, provided there is no increase in floor area. This will relieve some financial impact to these types of conversions. Section 10.513(a) clarifies requirements that are already set forth in the Mechanical Code for commercial fire-suppression and hood systems for cooking facilities. In this amendment we have spelled out the types of occupancies, other than restaurants, that are required to have hood systems. f8-3 Attachment C Page 3 of 37 Section 10.513(1) was amended to attach accountability to restaurant owners making them responsible for education of their employees in the use of fire extinguishing equipment. This was generated by numerous incidents in the past where larger restaurant cooking fires could have been averted if employees had known proper techniques for the use of fire-extinguishing equipment. Section 10.605 has had the verbiage changed so that both the Building Code and the Fire Code read the same. The intent has not changed. Section 13.203 was amended on the advice of the City Attorney to re-state the intent of the Penal Code with respect to false alarms. Section 77.104 was amended to add a provision for the use of a letter of credit in lieu of a bond for using explosive materials. This was done on the advise of the City Attorney. Section 79.501 was amended to give the Chief the option of allowing certain types of above-ground fuel tanks when they meet standards set by the City. In the past a prohibition on above-ground tanks has prevented their use. In recent years, however, technology has greatly improved both the fire and environmental safety of these tanks. The new Fire Code has responded with an appendix which allows use of these tanks under certain conditions. The California Fire Chiefs has also developed a set of standards to address safety issues. These standards should be adopted by the State Fire Marshal in the near future. Section 79.902(c) has been amended to allow special enclosures for above-ground tanks outside of buildings also. Special enclosures provide an extra margin of environmental and fire-safety. In addition, Number 5 of Section 79.902 has also been amended to reduce the amounts of flammable liquids allowed in above-ground tanks. Section 79.903(e)2. has been amended to meet a State regulations for hold-open devices on fuel dispensers that will be effective July 1, 1992. Appendix IA, Life safety requirement for existing buildings other than high-rise, has had two sections added on the advise of the City Attorney. Both new sections re-state regulations already existing in the code that address requirements for alarm-system and sprinkler-system retro-fits in some buildings. Appendix IIA has an addition that clarifies the term "hazardous fire area" with respect to the City. This allows the Fire Chief to regulate the conditions that were discussed in Section 9.110 of this attachment. Appendix IIF was modified to restrict the use of above-ground fuel-dispensing tanks to private, non-resale use and to reduce the allowable size of these tanks. In summary, all of the amendments to the 1991 Uniform Fire Code are relatively minor in nature. The adoption of this code will carry over regulations that now exist in the Municipal Code and also meet the requirements for State Law. Attachment C Page 4 of 37 Al NHMENT #2 ORDINANCE NO. 1992 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, AMENDING TITLE 15, CHAPTER 15.08 OF THE MUNICIPAL CODE TO ADOPT THE LATEST EDITION OF THE UNIFORM FIRE CODE AND MAKE EDITORIAL AND MINOR CHANGES AND DELETIONS TO THE MUNICIPAL CODE AND ADOPTING FINDINGS OF FACT TO SUPPORT THE IMPOSITION OF REQUIREMENTS WHICH ARE GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE STATE BUILDING CODE. WHEREAS, the City of San Luis Obispo has numerous fires in structures which causes extensive property and possible life loss; and WHEREAS, the City of San Luis Obispo has limited fire-fighting resources; and WHEREAS, automatic fire-sprinkler systems have been found to be an efficient and effective means of combatting fire; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide the citizens with the greatest degree of fire and life-safety in the most cost-effective manner; by adopting that body of regulations generally referred to as the Uniform Fire Code with amendments specific to the City of San Luis Obispo; and WHEREAS, the California Health and Safety Code, Chapter 4, Part 1.5, Division XIII, Section 17958, Section 17958.5 and Section 17958.7 requires the Council, before making any modifications or changes pursuant to Health and Safety Code, Section 17958.5, to make an express finding that each such modification or change is needed; and, Attachment C Page 5 of 37 WHEREAS, the California J. .th and Safety Code Section 17958.5 _ 4uires that such changes must be determined to be reasonably necessary because of local climatic, geographical, or topographical conditions; and, WHEREAS, the City Council of the City of San Luis Obispo found by Ordinance No. 1170 (1990 Series), adopted on the June 6, 1990, that the Uniform Fire Code as adopted should be changed or modified by amendments which have been previously approved by the Department of Housing and Community Development of the State of California; and, WHEREAS, Sec. 4.108, 9.108, 9.121, 10.202, 10.207(b,m), 10.301(b,c), 10.303(a), 10.306(b,c,d,e,f,g,h), 10.307, 10.501, 10.501(x), 10.502, 11.101, 11.210, 14.105, 14.105(a,c), 14.106, 16.106, 79.301(b), 79.501, 81.102, 82.104 of the 1988 Uniform Fire Code have had previous findings made for their modification and said findings as contained in Ordinance No. 1170 1990 Series) have been transmitted to the Department of Community Development and have been accepted; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be. filed with the Department of Housing and Community Development, State of California; NOW THEREFORE BE IT ORDAINED that the Council of the City of San Luis Obispo affirms the findings justifying the previous changes and modifications as contained in Ordinance No. 1170 1990 Series); BE IT FURTHER ORDAINED by the Council of the City of San Luis Obispo that said Council hereby determines that Sections 4.108, 4.108.a.2.1, 9.108, 9.1109 9.121, 10.104(b), 10.203, 2 A/46 Attachment C Page 6 of 37 10.2059 10.3069 109401, 10.4029 10.501(b), 10.505(a), 10.507(b), 10.507(c), 10.502(d,e,f,g,h), 10.508, 10.513(a,f), 10.604, 10.604(a), 10.605, 11.103(a), 11.203(b), 11.303(f), 13.2039 14.1052 14.108(a), 61.105(e), 77.104, 77.107(a), 79.301(b), 79.501, 79.902(c), 79.903(e), 82.102(c), 82.104(b) of the 1991 Uniform Fire Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards Code; BE IT FURTHER ORDAINED by the City Council that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of San Luis Obispo, and the City Council further finds that the following findings support the local necessity for the changes or modifications: FINDING 1 That the City of San Luis Obispo is situated at the base of the Santa Lucia Mountains with drainages from San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks, which flood with resulting conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982. Further, flood conditions, described above, carries with it a potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and their emergency task demands inherent in such situations. Further, the potential for the aforementioned flooding conditions to result in limiting fire department emergency vehicular traffic with resulting overtaxed fire department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located in the City of San Luis Obispo. Furthermore, the afore-described conditions support the imposition of fire protection requirements greater than those set forth in the State Building Standards 3 Or8-? Attachment C Page 7 of 37 Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 91 10, 119 13, 14, 61, 77, 79, and 82 of the 1991 Uniform Fire Code. FINDING 2 That the City of San Luis Obispo is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City; the San Simeon to the Northwest; Edna, and the Edna Extended faults which enter the southern areas of the City. In as much as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City of San Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of San Luis Obispo from the North and South due to the potential of collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades; and the potential for horizontal or vertical movement of the Edna fault, rendering surface travel across the southern extremities of the City unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include: loss of the City's two main water sources, the Salinas and Whale Rock reservoirs, broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9, 10, 11, 13, 14, 61, 77, 79, and 82 of the 1991 Uniform Fire Code. 4 Attachment C Page 8 of 37 FINDING 3 That the particular geographical status of the central commercial area in the City of San Luis Obispo consists of mixed conditions which hold forth the potential for possible conflagration. This situation includes congested streets during the business day, numerous older buildings without adequate internal fire resistiveness and contemporary low-rise buildings, which taken together actually exceed the fire suppression capabilities of regional firefighting personnel. The continued development of the San Luis Obispo commercial area and the current and potential development of high-rise buildings will pose a substantial threat to human life and public safety and to the preservation of property against fire and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code as adopted by the City of San Luis Obispo, California, in 1982, 1985, 1988 and in particular, support the imposition of the requirements set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 9, 10, 11, 13, 14, 61, 77, 79, and 82 of the 1991 Uniform Fire Code. FINDING 4 That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City is also transected by a mainline railroad which traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable, property losses. Emergency personnel responding to such aforementioned 5 Attachment C Page 9 of 37 incidents, may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation with the potential result of undue and unnecessary risk to the protection of life and public safety and in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The afore-described problems support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4, 99 10, 11, 139 14, 61, 77, 79, and 82 of the 1991 Uniform Fire Code. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties to the control and protection against fire situations in the City of San Luis Obispo. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the thousands of brush-covered slopes in the Santa Lucia Mountains, San Luis Mountain, and the Irish Hills area of the City of San Luis Obispo. The aforementioned area completely surround the City. When a fire occurs in such areas, such as occurred in 1985 when the Los Pilitas fire burned six days and entered the City and damaged many structures, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Further, the effect of Santa Ana winds and extremely dry weather upon the upper floors of a multi-story building can create situations which endanger life and property. Therefore, the above-described factual findings support the imposition of fire-protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in 6 R D Attachment C Page 10 of 37 Articles 4, 99 109 119 139 149 612 779 79, and 82 of the 1991 Uniform Fire Code. FINDING 6 That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings evidenced by the afore-described findings allow a trade-off for, and reduction of, other less effective fire-resistive components of a building and support the acceptance of requirements lesser than those set forth in State Building Standards Code and, in particular, support the imposition of lesser requirements than those set forth in Article 10 of the 1991 Uniform Fire Code. BE IT ORDAINED by the said Council that the State Building Standards Code, required to be adopted by the City of San Luis Obispo, should be modified, changed and amended, as provided for in the ordinance attached hereto, based upon the foregoing findings and that said Council takes the afore-described action because of the public interest in protecting life and preserving public safety and property. BE IT FURTHER ORDAINED that the City Clerk be and hereby is authorized and directed to transmit a certified copy of this ordinance, adopting and modifying the Uniform Fire Code, to the State of California Department of Housing and Community Development. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1: Chapter 15.08 of Title 15 of the San Luis Obispo the Municipal Code is hereby repealed and replaced by a new Chapter 15.08 to read as follows: 7 Attachment C Page 11 of 37 SECTION 2. CHAPTER 15.08 15.08.010 ADOPTION ADOPTION OF UNIFORM FIRE CODE There is hereby adopted by the City Council of the City of San Luis Obispo for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials and explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters IA, IB, IC, IIA, IIB, HC, IID, IIF, IIIA, IIID, IVA, IVB, VA, VIA, VIE, VID, VIE, VIF and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 editions thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Sections 15.08.040 through 15.08.480 of the San Luis Obispo Municipal Code three (3) copies of which Code and Standards have been and are now filed in the office of the clerk of the City of San Luis Obispo and the same are 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 provision thereof shall be controlling within jurisdictional limits of the City of San Luis Obispo. 15.08.020 Bureau of fire prevention-Established-Duties of the chief of the fire department. A. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department. B. The chief in charge of the bureau of fire prevention shall be the chief of the fire department. s Attachment C Page 12 of 37 C. The chief of the fire department may detail such members of the fire department as shall from time to time be necessary. The chief of the fire department shall recommend to the city administrative officer the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. 15.08.030 Authority having jurisdiction defined Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of San Luis Obispo. 15.08.040 Amendments—Generally. The provisions of the Uniform Fire Code, hereinafter referred to as UFC, 1991 Edition, are amended, supplemented and repealed as set forth in Sections 15.08.050 through 15.08.480 15.08.050 SECTION 4.108. amended—Permit Required Section 4.108 is amended to add a second paragraph to read as follows: Permits are obtained from the San Luis Obispo City Fire Department (Fire Prevention Bureau). A fee may be charged for Fire Department permits. The amount of these fees shall be established by resolution of the City Council. The Chief may waive or reduce permit fees so established when he determines that to do so would be consistent with the best interests of the City and Fire Department. 15.08.060 SECTION 4.108.a.2.1. amended—Permit Required. 9 h/ Attachment C Page 13 of 37 Section 4.108.x.2.1 added to read as follows: To install or modify any fire alarm equipment prior to starting work. 15.08.070 SECTION 9.108 amended—Sorority house defined. Section 9.108 is amended to add a definition of Fraternity House to read: FRATERNITY HOUSE (OR SORORITY HOUSE) means a building or buildings occupied by six (6) or more college or university students who are members of a social or educational association and/or where such an association holds gatherings. Fraternity House and Sorority House shall be classified as R-1 occupancies as defined in the Uniform Building Code. 15.08.080 SECTION 9.121 amended—Sorority house defined. Section 9.121 is amended to add a definition of Sorority House and read: Sorority House (see Fraternity House Section 9.108 UFC). 15.08.090 SECTION 9.110 Hazardous Fire Area Section 9.110 is amended as follows: HAZARDOUS FIRE AREA is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are 10 Attachment C Page 14 of 37 b the chief.c r<' ;':`::.`>':°;;°'>: t;.': t et '::designatedy i 5: #:. ::.::.:.::::::::::..:::::.<:.:..:.:. ..:,::.:..:.r.. r.n..r.ntrw.M.,r::...A.......::.xr. r...r.r.... o;;:p::.:i:y_y:'`::;;.:; :t t::'q_.:';.;:;...:..+pav>::;,::::;,yn;•;:::t^,:.;t::;.t::.:. pro fth thrS tX>d #2x1 h7.ardc ltSt 15.08.100 SECTION amended - Tampering with Fire Hydrant or Fire Appliance Section k is amended as follows: No person shall remove from service, alter, tamper with or otherwise disturb any fire hydrant, fire appliance, fire-alarm system or automatic sprinkler-system required to be installed or maintained under the provisions of this code or by the Fire Department except for the purpose of extinguishing a fire, training purposes, recharging, making necessary repairs or when permitted by the Fire Department. Whenever a fire appliance or any of the above systems is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. 15.08.110 SECTION 13; amended- Sectionis amended to as follows: Required Access. Fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. Attachment C Page 15 of 37 EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, this distance may be increased to 300 feet. 2. When access roadways cannot be installed due to topography, waterways, non- negotiable grades or other similar conditions, the chief is authorized to require additional fire protection as specified in Section 10.501.(b). 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For high-piled combustible storage, see Section 81.109(a). For open yard storage, see Section 30.102. For hazardous materials, see Article 80. For fire safety during construction, alteration or demolition of a building, see Section 87.103(b). 15.08.120 SECTION MOW amended—Authority to have vehicles in violation of Sections 3211 removed. OBSTRUCTION. 12 Attachment C Page 16 of 37 Section 1 -20 is amended as follows: The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances under this section shall be maintained at all times. The Chief and his authorized representatives shall have the power and authority to remove or cause to be removed, without notice, any vehicle, or object parked or placed in violation of UFC. The owner of any item so removed shall be responsible for all towing, storage and other charges incurred. n.,.....:.:.,::::.....: 15.08.130WKM. lsAO R.—.... is added to read as follows: M.CdOJYt1 0S:>fOTa1rCAdtttO k111 Mu 0.00,ANN 15.08.140 SECTION 16.401 amended—Water supply. Section is amended as follows: Water Supply. An approved water supply capable of supplying the required fire-flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior 13 1,1,247f7w Attachment C Page 17 of 37 of the building, there shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire-flow. EXCEPTION: For buildings not in a wildland interface area where the building is protected by an approved fire-sprinkler system throughout, the distance may be increased to 300 feet. 15.08.150 SECTION IMAM amended—Type of Water Supply. Section is amended as follows: Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems connected to the municipal water system and capable of providing the required fire-flow. In setting the requirements for fire-flow, the chief may be guided by the i;#69 Fire Suppression Rating Schedule published by the Insurance Services Office, 4980. EXCEPTION: For a building protected by an approved fire-sprinkler system throughout, the required fire-flow may be reduced by 50% X 15.08.160 SECTION I Amended - Fire Hydrants Section is amended to read as follows: The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire-flow shall be provided on the public street or on the site of the 14 JA12 rep-19 Attachment C Page 18 of 37 premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.203. EXCEPTION: For areas not in the wildland interface where all buildings in the area are protected by an approved fire-sprinkler system throughout, the allowable distance between hydrants may be increased by 50%.. ii::::nvi. t.iiv....w:,.y.:ni..:.:p:i'l..vritt{r•i:.....IX.:4:vYi?:':i.:i.iY::#tKi...:.pi%i.:.i::: _ iiY%".i:. fa....i::xa::e<:f.R:<1€.,t<<.. :..... : .:>tr: ...:...... erttl<E:;, d. n ... :O.L:.::.:.::...,.:. ::.:::ii:::....12iS nYjni..,.YI,...:.8:/.::.....:.n..n::.....n.....:i. i.:i:S•:....n.:.:. 15.08.170 SECTION 1 +" amended—Special Hazards Section # { ) is amended as follows: tKKvnxJ.4...:n:: In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or the location is beyond the four-minute response time of the Fire Department, or the location is above the water-service height limit, additional safeguards may be required consisting of additional fire-appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of, but are not limited to, automatic fire-alarm systems, automatic sprinkler or water-spray systems, standpipe and hose, fixed or portable fire-extinguishers, Nomex blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when the Uniform Fire Code Standards do not apply. Other rs Attachment C Page 19 of 37 improvements such as fire-rated construction or fire-retardant or non-combustible roof and/or exterior coverings may also be required. 15.09.180 SECTION 1t3 amended—Fire Extinguishers Section is amended as follows: General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code, or as may b determined by the chief. Portable fire extinguishers shall be in accordance with U.F.C. Standard No. 10-1. The minimum fire extinguisher requirement shall be the installation of one (1) approved 2- A:10-B:CA:10-B:C as rated by Underwriters Laboratories fire extinguisher for every 3,000 square feet of floor area or 75 feet of floor travel; whichever ' o;';"' :' est>"drtC+ 15.08.190 SECTION 1 Yl;M amended—Automatic Fire-extinguishing Systems Section 7 ,``. is amended follows: All Occupancies. An automatic fire extinguishing system irp """ vs``"`:`' rdsfs National Fire Protection Association PA Standards and other standards adopted by the j s k p a shall be installed: 1. In all new buildings regardless of floor area or occupancy type. Residentiel-er- quiek Fespense stmdmd sprink4efs shall be used in dwelling units and guest meffi pemens ofbuildiflgs. 16 8 0 Attachment C Page 20 of 37 EXCEPTION: Detached Group M occupancies not exceeding 500 square feet in floor area. at least 10 feet ftein Oneent buildings and 5 feet ftem oaeeat p lines. 2. Existing buildings that are in the commercial fire-zone as established in Section IM of the Uniform Fire Code as amended by the City of San Luis Obispo shall have an automatic sprinkler system installed and operational throughout by January 1, 2000. EXCEPTION: Buildings of un-reinforced masonry construction shall have an automatic sprinkler system installed and operational by the deadline set forth in the Building Code for compliance with seismic retrofit standards. 3. Throughout existing and new sections of any existing building whenever total additions result in an increase of more than 1,000 square feet in the total floor area, including mezzanines or additional stories, or whenever alterations to existing buildings exceed fifty percent (50%) of the replacement value, as determined by the building official. Alteration values and additional floor area shall be cumulative with each issuance of a building permit. EXCEPTION: 1. Group R, Division 3 and Group M occupancies. 17 T$-,/ Attachment C Page 21 of 37 2. Alterations limited to interior and exterior painting, carpeting, interior window coverings, drapes, interior non-bearing partitions, sa re-roofing or plumbing, mechanical or electrical repairs. 4. Throughout existing and new sections of an existing building for which there is an occupancy classification change te a fner-e hazudetis use, as dewmined by the F 2hGiiefi RM H VolVl UP W, 01b dK5X.. W. 1.'..W.................10000M.M.'Ift, pan.......... ................................ W; IS-*R.'44F...I. .j teM. 5. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 6. In rooms where nitrate film is stored or handled. 7. In protected combustible fiber storage vaults as defined in the Fire Code. 15.08.200 SECTION0 amended—Automatic Fire-extinguishing Systems, floor area. Section is amended as follows: 18 Attachment C Page 22 of 37 Floor Area. For the purpose of requiring the automatic fire-sprinkler systems specified in this article the floor area within the surrounding exterior walls shall be considered as one building. Area separation walls as set forth in the UBC shall not be used in calculating allowable floor area for sprinkler requirements. 15.08.210 SECTION amended—Automatic Fine-extinguishing Systems, Notification. Section " is amended as follows: Notification. Whenever the Fire Department determines by inspection, that a building does not conform to the minimum requirements of Subsection (c) I of this Section, it shall prepare a fire/life-safety notice in writing that an automatic fire-sprinkler system be installed in the building. The notice shall specify in what manner the building fails to meet the minimum requirements of Subsection (c) I of this Section. It shall direct that plans be submitted, and that necessary permits be obtained not later than January 1, 1999 and that the automatic sprinkler system be installed not later than January 1, 2000. The Fire Department shall serve the notice, either personally or by certified or registered mail, upon the owner as shown on the last-equalized assessment roll and upon the person, if any, in real or apparent charge or control of the building. EXCEPTION: Buildings of un-reinforced masonry construction shall submit plans and obtain necessary 19 NO- Attachment C Page 23 of 37 permits no later than one (1) year prior to the date set forth by the Building Code for compliance with seismic retrofit standards. Automatic Fire-sprinkler systems shall be installed no later than the date set forth in the Building Code for compliance with seismic retro-fit standards. 15.08.220 SECTION 1d ( amended—Automatic Fire-extinguishing Systems, Recordation. Section is amended as follows: Recordation. At the time that the Fire Department serves the aforementioned order or notice, the Fire Department shall file with the Office of the County Recorder, a certificate stating that the subject building does not meet the minimum fire-safety requirements of Subsection (c) I and that the owner thereof has been so notified. After all necessary corrective work has been performed, the Fire Department shall file with the Office of the County Recorder, a certificate terminating the status of the subject building as non-conforming to the minimum fire-safety requirements of Subsection (c) 1 of this Section. 15.08.230 SECTION 1 .7( amended—Automatic Fire-extinguishing Systems, Enforcement. Section is amended as follows: Enforcement. If the owner or other person in charge and control of the subject building fails to comply with the aforementioned order or notice within the time periods set 20 Attachment C Page 24 of 37 forth in Subsection (e) of this Section, the owner is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months, or by both fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues or permits a violation of Subsection (c) I of this Section. 15.08.240 SECTION " amended—Automatic Fire-extinguishing Systems, Standards. Section WPM is amended as follows: Standards. All automatic fire-sprinkler systems required by this Section, shall comply with those standards and written policies established of the San Luis Obispo City Fire Department. 15.08.250 SECTION 10.507(h) is deleted completely. 15.08.260 SECTION If amended—Sprinkler System Supervision Alarms. Section is amended as follows: All automatic sprinkler-systems shall be supervised by a Central Station listed by Underwriters Laboratories for receiving fire alarms. EXCEPTIONS: 1. Isolated specialty systems such as spray paint-booth systems or isolated installations in closets and storage spaces unless the entire occupancy is also equipped with an automatic sprinkler-system. 21 Attachment C Page 25 of 37 2. Residential sprinkler systems for single-family dwellings or duplexes. 15.08.270 SECTION 10.513.(a) Amended - Where Required Section 10.513(a) is amended as follows: suppression systemsapprovedfire cad shall be provided for the protection of commercial-type food heat-processing equipment that produces grease-laden vapors. WAR.A Y...P..... 15.08.280 SECTION 10.513(f) Posting Operation Instructions. Section 10.513(f) is amended as follows: Instructions for manually operating the fire extinguishing system shall be posted at a conspicuous location within the kitchen. I iffi MV:Me.:> Z e.....t"d Wfl16 15.08.290 SECTION added—Fire resistive construction. KW`Section added to read as follows:is There is hereby established a commercial fire-zone established by the Chief, outlined on a map of the City of San Luis Obispo, Exhibit A, copies of which are on file in the offices of 22 Attachment C Page 26 of 37 the City Clerk and the Fire Department. 15.08.300 SECTION WOMW added—Construction of interior walls, permanent partitions and enclosures. Section )€?;MM is added to read as follows: All new construction within the commercial fire-zone established by the Chief shall hereafter require interior walls, floors, ceilings and partitions to be constructed with 5/8" Type "X" gypsum wall-board or its equivalent regardless of all other lesser minimum requirements to the contrary. This requirement applies to all additions, and alterations, as defined in the Uniform Building Code. EXCEPTION: Buildings protected throughout by an approved fire-sprinkler system. 15.08.310 SECTION 1G added—Roof covering. Section MW is added to read as follows: It shall be unlawful to install or cause to be installed, wood-shake or wood-shingle roofs on any building. In cases where buildings to be re-roofed have different roof coverings present, the least combustible covering shall be used as the minimum standard of replacement. EXCEPTION: 23 f8•7 Attachment C Page 27 of 37 not be emeeeded at fifne.Nip embidd. zst'itt tid: r tl >.:a :vv .t c S. s 04b .:.:..... cxstg roof arm y beppe :C{ass: pres3 sir a stt l itznuve wig` cl a ttx fig 15.08.320 SECTION 0 (taA added — Refuse burning. Section W03W is added to read as follows: efi? ti No waste matter, combustible material or refuse shall be burned in the open air within the City except for agricultural, ceremonial or similar types of fires when authorized by the Chief. 15.08.330 SECTION 11.203(b) Notification. Section 11.203(b) shall be amended to read as follows: Notification. Prior to commencement of open-burning the Fire Department shall be notified mid' y erm t.. bet taul d frtnr# tlt De "# 1gti 15.08.340 SECTION 3Q (t'j added—Exterior awnings. Section i is added to read as follows: All exterior awnings connected or adjacent to buildings shall be made from either fabric which has been flame-resistant treated with an approved exterior chemical process by an approved application concern, or from inherently flame-resistant fabric approved and listed by the State Fire Marshal for exterior use. 24 y,B-8 Attachment C Page 28 of 37 Certificates of flame-resistance or other documentation acceptable to the Chief shall be available on the premises to affirm the flame-resistance of all fabrics and materials used as part of exterior awnings. EXCEPTION: Single-family and small two-family dwellings not exceeding two stories in height. 15.08.350 SECTION 13.203 - False Alarms. Section 13.203 is-amended as follows: False alarms shall not be given, signaled or transmitted or caused or permitted to be given, mi in an manner.signaled or transmitted o >. ..::.:::.::t .toy: >:.:.. : etlsu x:` .....;:>; ., s' eear a <t n:>SMI.IB.AM xi 15.08.360 SECTION 14.105. amended—Mt Section 14.105. is amended as follows: All required fire detection systems installed in Group A through R-1 occupancies shall be supervised by a central station listed by Underwriters Laboratories for receiving fire alarms A U.L. "Central Station Signaling System Certificate" shall be provided to the Fire Department upon request. 15.08.370 SECTION Mwamended— Section -1. I is amended as follows: 25 y8-9 Attachment C Page 29 of 37 The installation, testing, inspection, monitoring and maintenance and repair of fire alarm systems shall be in accordance with this article and nationally recognized standards O 15.08.380 SECTION 1 ( added—Unvented fuel-burning heaters—Display for sale. Sections( is added to read as follows: Any unvented fuel-burning room heaters on display for retail sale shall be accompanied by a conspicuous warning sign readable from the display aisle stating: It is illegal to sell or use unvented fuel-burning heaters for residential use." 15.08.390 SECTION 77.104. Bond Section 77.104 is amended as follows: Before a permit is issued to use explosive materials, the applicant shall file with the qty:tsf fi[sp a corporate surety bond in the principal sum of $100,000, eF a public liability insurance policy v cwt for the same amount for the purpose of the payment of damages to persons or property which arise from, or are caused by, the conduct of an act authorized by the permit upon which a judicial judgement results. i sfa The chief is authorized toore<tt waftheds specify a greater or lesser amount when, in the chief's opinion, conditions at the location of 26 Attachment C Page 30 of 37 use indicate a greater or lesser amount is required. 15.08.400 SECTION 77.107 (a) Prohibited and limited acts Section 77.107(a) is amended as follows: Explosive materials shall not be manufactured without the authorization of the chief. losive material shall not be stored within # stotta : t :t < <; €s:tl ; iPXoRN 15.08.410 SECTION 79.501. amended-Stationary tanks for storage of Class I, 11, II-A liquids-in buildings. Section 79.301.(b) is amended as follows: Where Allowed. Stationary tanks for the storage of Class I, II, or III-A liquids shall not be installed inside buildings M 15.08.420 SECTION 79.501. amended—Storage of Class I and II liquids in aboveground tanks outside of buildings. Section 79.501 is amended as follows: Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited withintile:::: .:9fbCgt tl I:::: t nits::: 1 ::t 1*::::< :;:+D>,h :>I.? ll...'..::;:i#T :.. .::,.;:YE,>7:.<>: M.rs. < ccrdanr wt Tjr+Y w.. ._ .....,: XX. l 27 8.3/ Attachment C Page 31 of 37 15.08.430 SECTION 79.902(c) Special Enclosures Section 79.902(c) is amended as follows: c) Special Enclosures. When installation of tanks in accordance with Division Iv is impractical or because of property or building limitations, tanks for Class 1, II or III-A liquids are allowed to be installed kgs tilssQl "°. . Y': : as follows: Nl s! i S 1. Tanks shall be installed in an enclosure which is liquid tight, vapor tight and without bacldill inside. 2. Sides, top and bottom of the enclosure shall be of reinforced concrete at least 6 inches thick, with openings for inspection through the top only. 3. Tank connections shall be piped or closed such that neither vapors nor liquid can escape into the enclosed space. 4. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate should leakage occur. 5. Tanks containing Class I, H or III-A liquids shall not exceed 6,AA9 gallons individual or AAAACI gallons.aggregate. 15.08.440 SECTION 79M. 2. Nozzles. Section 79.903(e) is amended as follows: 2s 7V Attachment C Page 32 of 37 A listed automatic-closing-type hose nozzle valve with or- %ithev a latch-open device shall be provided on island-type dispensers used for dispensing Class I, II, or III-A liquids. Overhead-type dispensing units shall be provided with a listed automatic-closing-type hose nozzle valve withe a latch-open device. 15.08.440 SECTION c added—Plans for approval of Liquefied Petroleum Gases. Section =" is added as follows: Plans for approval of LPG tank installations must be approved by the Fire Department prior to installation. 15.08.450 SECTION 82.104.(b) amended—Maximum capacity of liquefied petroleum gas tanks. Section 82.104.(b) is amended as follows: Maximum Capacity Within Established Limits. The installation of any liquid-petroleum gas tank over 500 gallons water capacity is prohibited 15.08.460 Appendix IA amended LIFE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS OTHER THAN HIGH RISE Sections 8 and 9 are added to read as follows: zs 749 Attachment C Page 33 of 37 ex..six VAxV AgW-Wil MS Oil M nfimIM .4ori"a......f ifi: 0 d:M 7' A' 7E7 10": 07:'7 ATZ. I -MM i...AMP- q .. "':`0UF tspyd ..... 15.08.470 Appendix IIA amended SUPPRESSION AND CONTROL OF HAZARDOUS FIRE AREAS Section 1. SCOPE is amended as follows: The unrestricted use of grass-, grain-, brush- or forest covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in hazardous fire areas shall be in accordance with this appendix. hazarauus 7i YNj 15.08.480 Appendix IIF ABOVEGROUND STORAGE TANKS FOR MOTOR VEHICLE FUEL-DISPENSING STATIONS 30 3 Attachment C Page 34 of 37 1. SCOPE is amended as follows: Storage and dispensing of motor fuels >" ry#1(tilwf [> into fuel tanks or motor vehicles from aboveground tanks which are located outside of buildings, or as approved by the chief, shall be in accordance with the policy of the City and this appendix as amended by the City of San Luis Obispo. 2. INSTALLATION OF TANKS (d) is amended as follows: Tanks containing motor fuels shall not exceed 6-,GN '2,gallon individual or AAAA gallon aggregate capacity. Installations having the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet, and 4. PLANS is amended as follows: Plans shall be submitted with permit applications. The plans shall include the method of storage and dispensing, quantities and types of liquids to be stored, distances from tanks and dispensers to property lines and buildings, vehicle access, fire appliances, collision barriers, design and construction of tank and tanks and tank supports, seismic design of tank supports, secondary containment tank venting and vapor-recovery provisions, emergency controls, and other information required by the chief. SECTION 2: If any provision of this Ordinance is for any reason held to be invalid by a court of, competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. 31 Attachment C Page 35 of 37 SECTION 3: A summary of this ordinance, Approved by the City Attorney,,.,together with the ayes and noes shall be published at least (5) days to its final.passage in the.Telegram Tribune, apriorram newspaper published and circulated in said City, and the same shall go into effect.at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on. file dn the Office of the City Clerk on and after.the date following introduction and passage,to print and shall be available to any interested member of the public. 32 Attachment C Page 36 of 37 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of 1992, on motion of seconded by and on the following roll call vote: AYES: NOES ABSENT: MAYOR Ron Dunin CITY CLERK Pamela Voges APPROYED BY: e CITY AD STRATTVE OFFICER p2 FINANCE 6IRECTOR M1 I TT FIRE CHIEF 32 3 Attachment C Page 37 of 37 MEETING DATE: city of San lues OBISp0 SEMERg 21 - f6 Wis COUNCIL AGENDA REPORT FROM: Robert Neumann, Fire Chief PREPARED BY: Lew Schmutz, Fire Marshal/7N' SUBJECT: Amending Title 15, Chapter 15.08 of the San Luis Obispo Municipal Code to adopt the 1994 edition of the Uniform Fire Code. CAO RECOMMENDATION Introduce ordinance to print repealing Chapter 15.08 of Title 15 of the San Luis Obispo Municipal Code and creating a new Chapter 15.08 adopting the 1994 edition of the Uniform Fire Code with amendments. DISCUSSION Every three years the Uniform Fire Code is republished to incorporate all changes which have been submitted, reviewed, and accepted by the Western Fire Chiefs Association and the International Conference of Building Officials. The State of California adopts the most recent edition of the code which is, subsequently, published by the Building Standards Commission. State law mandates that local jurisdictions enforce the most recently adopted code (lmown as the California Fire Code) beginning 180 days following the date of publication by the Building Standards Commission. As a result, the 1994 edition of the Uniform Fire Code will become effective December 29, 1995. Because of the State mandate to enforce the California Fire Code, we will soon be faced with enforcing two sets of codes: the 1991 code, which is currently adopted as City ordinance with amendments, and the 1994 code which will become law on December 29, 1995. This has the potential to create considerable confusion for designers, builders, and enforcement staff who are involved in using and enforcing the codes. City adoption of the 1994 code will eliminate this confusion and allow implementation of new amendments and a carry-over of existing amendments to the California Fire Code which address situations unique to the City of San Luis Obispo. Because some of the amendments to the 1991 code are now incorporated into the 1994 edition or deemed no longer justified, the proposed ordinance begins by repealing the existing chapter of the Municipal Code which adopts and amends the 1991 code. The ordinance then creates a new chapter adopting the 1994 code with amendments and incorporating previously adopted regulations with editorial and format changes only. Attachment 1 summarizes the content and justification for all the proposed changes. Attachment 2 is a legislative draft for changes to the Uniform Codes. Due to the State mandate requiring enforcement of the California Fire Code, the City really has no choice other than adoption of the new code. However, the City can modify the code to suit unusual local conditions, and the proposed ordinance contains necessary findings which justify the recommended modifications. Attachment D Page 1 of 37 M Ilulifllp U City of San tuts OBISpo IMM, III= COUNCIL AGENDA REPORT Proposed amendments that are carry-over items from previous adoptions include: 1) A provision that allows the Fire Department to charge fees for permits and requires that those fees be established by resolution of the City Council. 2) Fire-resistive construction in the commercial fire zone. 3) Clarification of requirements for occupancy changes. 4) A prohibition on the use of wood-shingle shake roof coverings. 5) Fire-resistive requirements for awnings. 6) Prohibition of open-burning in the City. 7) Limitation on LPG tank size. 8) Defining the City of San Luis Obispo as a hazardous fire area. 9) Identification of equipment rooms for Fire Department use. 10) Accountability for knowledge and use of manually-operated extinguishing equipment. 11) Clarification on the posting of a bond, insurance policy or letter of credit for use of explosives. 12) Clarification of requirements for the use of above-ground tanks for motor-vehicle fuel. Proposed amendments that are new changes to Chapter 15.08 include: I) Vehicles blocking gates and barriers may be removed by the Fire Department. 2) Increased square footage for required fire sprinkler installation. 3) Clarification on requirements for commercial-type.food heat-processing equipment. 4) Clarification on required fire detection systems. Conclusion This code adoption will continue the incorporation of all special fire safety requirements unique to San Luis Obispo into nationally recognized fire codes. The recommended action is a housekeeping" function retains previously established amendments and maintains compatibility with all State regulations. The placement of all fire safety requirements in the same chapter of the municipal code benefits designer, builders, and enforcement staff. CONCURRENCES The Building Department has reviewed the editorial and format changes and concurs with the adoption of the 1994 Uniform Fire Code with proposed amendments. FISCAL IMPACT There are no significant fiscal impacts. ATTACHMENTS 1) Discussion and Summary of Amendments 2) Legislative Draft 3) Proposed Ordinance(Available for review in the Council Reading Fi e. ) Attachment D Page 2 of 37 City of San tui s OBISPOiCOUNCILAGENDA REPORT ATTACHMENT #1 DISCUSSION AND SUMMARY OF AMENDMENTS PROPOSED FOR CHAPTER 15.08 OF THE SAN LUIS OBISPO MUNICIPAL CODE NOTE: For the purpose of this attachment, only those sections with significant changes will be discussed. There will be no discussion of sections where only the article number has been changed or minor editorial changes have been made. Additionally, any sections that have no changes in the amendments to the 1991 Uniform Fire Code will also not be discussed. Section 902.2.4.1 has been amended to future clarity when parked vehicles may be removed because they are obstructing gates or barriers on access roadways. Section 1003.2.2 is amended requiring an automatic fire sprinkler system in all new buildings containing Groups A, E, I, or H occupancies and in new buildings containing other occupancies over 1,000 square feet, as well as all new dwelling units. This code provision has been modified from the previous adoption to exempt small buildings from fire sprinkler. Experience has shown that the cost of the underground portion of a sprinkler system is not proportionate to the overall cost of a small building under 1,000 square feet, and therefore, represents a reasonable risk in the quest for built-in fire protection. In existing buildings where significant alterations, additions greater than 1,000 square feet in floor area, or occupancy changes occur, this section requires the installation of fire sprinkler systems. Section 1006.2.1 is amended to specifically include National Fire Protection Association standard 96 along with the Mechanical Code as enforcing regulations for fire-suppression systems installation in commercial cooling hood and duct equipment. Section 1007.3.3.6 is amended to require all fire detection systems to be supervised by a U.L. listed central station. This will cause an immediate Fire Department notification when a fire detection system is activated. The exception will be single-family dwelling units. NOTE: The following amendments in the 1991 ordinance have been removed from this ordinance because the 1994 Uniform Fire Code has adopted regulations referring to the same subject matter. Section 200 - The definition of Fraternity and Sorority house in now covered under Congregate. Residence in the 1994 Uniform Fire Code. Section 1001.5.1 of the 1994 Uniform Fire Code, Alarm System, has expanded to include testing and maintenance as specified in nationally recognized standards. In summary, all of the amendments to the 1994 Uniform Fire Code are relatively minor in nature. The adoption of this code will carry over regulations that now exist in the Municipal Code and also meet the requirements for State Law. Attachment D Page 3 of 37 WHEREAS, the California Health and Safety Code Section 17958.5 requires that such changes must be determined to be reasonably necessary because of local climatic, geographical, or topographical conditions; and, WHEREAS, the City Council of the City of San Luis Obispo found by Ordinance No. 449 49W M Series), adopted on the T••_.. L, ,^^^ t A , that the Uniform Fire Code as adopted should be changed or modified by amendments which have been previously approved by the Department of Housing and Community Development of the State of California; and, WHEREAS, 11 14.1069 16.106 79.30 1(b), :79A301(b), :79 50 81.102,82.104 •... ">^ y;r::>:,.;kks::'i:`;.....,_a,:.,i,.,:.:..,a...,...>.•o;.'.:><.».....•_f::.,:gikuy-: ::i>::''#'?i> f.,.:..,....,..... •..ft.:' ::.;'ttt.;...:..:..,.:.:..<:<f.,...:......>:.....:. .:.....:: .::.::.:::t:..;..:..::,;,:....>'•...:v:.:..,..:...:,:t.;...i....;:.;:y..;...:..::,:t:..;,;;..,..;..:...:..f.>.::.>;.-•.•..,:.....,;'.k-..•, b.;}. i, y Y w . a a.a1 . yn ie.' v 9 ,•a... v,,tTwr lIK '.. s:, ftv', '. .'' :i.,::': R v»».,..,».,,.s..»..:...u.•. .a..tw..,:.w.sa:,.,c,..:.s;..»..,.v., ,..,»...c,..,,...: ......•:.»..:::.v....s...,.:..,a».s».::.:k4;;;;;s;.xu.:.;;ytRu: ;::'.:o::to:s:•xt,.....t.............:.......:..,.;.,.•.,.:... tw:R.t:.. u,x. men. v t 3,: ... :.;':'•..'.;`!i;::i:'.":: 1::'`:5:.'..'y' aw K'i'i1:.'.::..:.'..... :.:. u'/'ii;; ... .'.'.'.ii'` i,..:..:,:,:,:,:.,..,................ ... ...,.,H....,:..,.,...c:c.........w.,M.:::a.^..ohk.:,......,..a.:.:::..::';s::.:.::,::.s..:w,,.:.:.::.:ffk:xz:..:i.....as,....' 2z.;.,. u.' r rn. ... :. V.Ci:i:::•a:::•a::::..:v:'.fY':k:':::::,avk. ::i ':::::i::.{ w:•':c.:::. ':::: i:'::.'.i::::j. i:: `:: u,.,,.,.......w,.,..::::'ti:'S::::f:.,ra..w..ay.ws..,,.,:w....;««tS:...:w..:.:s...:...,. ..,.,..,..,,,a.du:ti:k.,:,kw:kktsuis:s::;.. :.:.:Sk.a:ukakf,:u...u.k..w.:s:i:,cttf:a:o: SEA. , u•.:.:.:..:.::.:... ......:..... ..... .::.. :y v.... ;....;::.,..;.,y'•;.v,::;:::,:.:;.,..,,y...f;:. f:::k:::::x.;•s::>:•:'s:' `»::.:"9.%Y:<; a03("T aa': ik1 3°wMJ .Mt. , * 1lyuir.IL,.`Vi+M+!W. :f' `:YrMJ 11h : patiST..cri,.5::twa»,a.:axCosw»;»:',. oav T =a > A di >I €of the 4988 >'`'` Uniform Fire Code have had previous findings made for their modification and said findings as contained in Ordinance No. 4440 M# (49W Series) have been transmitted to the Department of Community Development and have been accepted; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change, shall be filed with the Department of Housing and Community Development, State of California; NOW THEREFORE BE IT ORDAINED that the Council of the City of San Luis Obispo affirms gAcommonleveryone%wp1ufe95 2 6 Attachment D Page 4 of 37 ATTACHMENT #2 ORDINANCE NO. am Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, AMENDING TITLE 15, CHAPTER 15.08 OF THE MUNICIPAL CODE TO ADOPT THE LATEST EDITION OF THE UNIFORM FIRE CODE AND MAKE EDITORIAL AND MINOR CHANGES AND DELETIONS TO THE MUNICIPAL CODE AND ADOPTING FINDINGS OF FACT TO SUPPORT THE IMPOSITION OF REQUIREMENTS WHICH ARE GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE STATE BUILDING CODE. WHEREAS, the City of San Luis Obispo has numerous fires in structures which causes extensive property and possible life loss; and WHEREAS, the City of San Luis Obispo has limited fire-fighting resources; and WHEREAS, automatic fire-sprinkler systems have been found to be an efficient and effective means of combatting fire; and WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo to provide the citizens with the greatest degree of fire and life-safety in the most cost-effective manner; by adopting that body of regulations generally referred to as the Uniform Fire Code with amendments specific to the City of San Luis Obispo; and WHEREAS, the California Health and Safety Code, Chapter 4, Part 1.5, Division XIII, Section 17958, Section 17958.5 and Section 17958.7 requires the Council, before making any modifications or changes pursuant to Health and Safety Code, Section 17958.5, to make an express finding that each such modification or change is needed; and, gAconmwMeveryone%wpluk% Attachment D Page 5 of 37 the findings justifying the previous changes and modifications as contained in Ordinance No. 4448 a 4 49% Series); BE rr FURTHER ORDAINED by the Council of the City of San Luis Obispo that said Council hereby determines that Sections 4.108.&2+4108,,. hhCC'`„F: o-;,+.:::w' ,...>+}}.... .:Y::(:;4^•_:. .;<:%: 4'" ,,tt Y:'. ..,,,:tt.».. n '.k VJ;„,X,Elsx8. . ;}311 • r ,Z . .•;t7: Fi; r"x oOR ix7ib.4n2LA,\4n, wn\ni v: r,.,, 9 '{42,.k,vnf,4n2„iY{ 4i},:Cn. Av ..:„ii v n44,••: AWA? \.v' 3 41- Y v n:w4:4v:4.•x,Jauxiw',.•.'.:224 4t;,::xowxoxu,:x:.:4s:;ixti4x;:.x,ix2 i4i xv::i2xx2xkrr,:2;LRK2.:4:J v:::atx4:t tt:;.}}:2<i4:oa}:ai:.i:4:}::•:x.}:L:.::2:4:::Ki. :L:x4}wix4:.:a:4iw:ai:.2G:u:A :i::i::a."w".^ W..1,niv.:...i' ..::Y.••f:i]....:/.:./. j. v: .::::j ::l i.: ..:%: ii. .........(#..,,.... ....} Y"\ of the 4994 Uniform Fire w:i2v4ii:.isLEl:iLfAxG:.i}::4R.;:.;:v'Li4h'F.9:Q:i..i.Y.i%W%id}iC xi.;i4:{i...i::fN:ii:riii<i2iYu>:2K2KCiY.v4:ix4i}:n..wr..v.v...w.:}Y:hi>'ri• ix ^:C i}: Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards Code; BE rr FURTHER ORDAINED by the City Council that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geographical, or topographical conditions in the area encompassed by the boundaries of the City of San Luis Obispo, and the City Council further finds that the following findings support the local necessity for the changes or modifications: FINDING 1 That the City of San Luis Obispo is situated at the base of the Santa Lucia Mountains with drainages g:konmionleveryonelwplufc95 3 r Attachment D Page 6 of 37 from San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks, which flood with resulting conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982,", Further, flood conditions, described above, eaMes §W with it #& a potential for overcoming the ability of the Fire Department to aid or assist in fire control, evacuations, rescues and their emergency task demands inherent in such situations. Further, the potential for the aforementioned flooding conditions to result in limiting fire department emergency vehicular traffic with resulting overtaxed Fire Department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located in the City of San Luis Obispo. Furthermore, the afore- described conditions support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and in particular, support the imposition of the greater requirements than set forth in Articles 4-, 9, 10, 11, 13, 14, 61, 77, 79, and 82 of the 4-99 Uniform Fire Code. FINDING 2 That the City of San Luis Obispo is situated near three major faults, each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses H" "AM 101 north of the City, then parallels the City to the east, and the Hosgri, to the west. Other faults of importance are the Huasna and West Huasna to the southeast of the City; the San Simeon to the northwest; Edna, and the Edna extended faults, which enter the southern areas of the City. Inasmuch as these faults are included as major California earthquake faults, which are subject to becoming active at any time, the City of San Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of San Luis Obispo from the north and south due to the potential of gAconmwn1everyone\wp\ufc95 4 Attachment D Page 7 of 37 imposition of the greater requirements than set forth in Articles 4, 9, 10, 11, 13, 44 , 619 779 79, and 82 of the 494 Uniform Fire Code. FINDING 4 That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City is also transected by a mainline railroad which traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable, given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent, as far as practicable, property losses. Emergency personnel responding to such aforementioned incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety and, in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The afore-described problems support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code and, in particular, support the imposition of the greater requirements than set forth in Articles 4, 9, 10, 11, 13, 44 , 61, 77, 79, $3 and 82 of the 4994 Uniform Fire Code. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties to the control and protection against fire situations in the City of San Luis Obispo. The hot, dry weather, in combination with Santa Ana winds, frequently results in wildland fires in the thousands gAcommon%everyone%wpWc95 6 lot5 Attachment D Page 8 of 37 collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades; and the potential for horizontal or vertical movement of the Edna fault, rendering surface travel across the southern extremities of the City unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include: loss of the City's two main water sources, the Salinas and Whale Rock reservoirs, broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Articles 4, 9, 10, 11, 13, 442, 619 779 799 lI and 82 of the 4994 : Uniform Fire Code. FINDING 3 That the particular geographical status of the central commercial area in the City of San Luis Obispo consists of mixed conditions which hold forth the potential for possible conflagration. This situation includes congested streets during the business day, numerous older buildings without adequate internal fire resistiveness and contemporary low-rise buildings, which, taken together, actually exceed the fire suppression capabilities of regional fire-fighting personnel. The continued development of the San Luis Obispo commercial area and the current and potential development of high-rise buildings will pose a substantial threat to human life and public safety and to the preservation of property against fire and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code as adopted by the City of San Luis Obispo, California, in 1982, 1985,.1988A and in particular, support the imposition of the requirements set forth in the State Building Standards Code and in particular, support the gAcon monleveryonelwpluf&5 5 Attachment D Page 9 of 37 of brush-covered slopes in the Santa Lucia Mountains, San Luis Mountain and the Irish Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the City. When a fire occurs in such areas, such as occurred in 1985 when the Las Pilitas fire burned six days and u.S€ QYx:v::::°:`: f.::l, Y> entered the Cihand damaged man structures x the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Further, the effect of Santa Ana winds and extremely dry weather upon the upper floors of a multi-story building can create situations which endanger life and property. Therefore, the above-described factual findings support the imposition of fire-protection requirements greater than those set forth in the State Building Standards Code and, in particular, support the imposition of the greater requirements than set forth in Articles 4, 99 10, 119 139 44 , 619 779 79, 0 and 82 of the 4994 9 Uniform Fire Code. FINDING 6 That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings evidenced by the afore-described findings allow a trade-off for, and reduction of, other less effective fire-resistive components of a building and support the acceptance of requirements lesser than those set forth in State Building Standards Code and, in particular, support the imposition of lesser requirements than those set forth in Article 10 of the 4994 M Uniform Fire Code. BE IT ORDAINED by the said Council that the State Building Standards Code, required to be adopted by the City of San Luis Obispo, should be modified, changed and amended, as provided for g:konu mnleveryonelwplu&95 7 Attachment D Page 10 of 37 in the ordinance attached hereto, based upon the foregoing findings and that said Council takes the afore-described action because of the public interest in protecting life and preserving public safety and property. BE rr FURTHER ORDAINED that the City Clerk be and hereby is authorized and directed to transmit a certified copy of this ordinance, adopting and modifying the Uniform Fire Code, to the State of California Department of Housing and Community Development. NOW, THEREFORE, BE rr ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1: Chapter 15.08 of Title 15 of the San Luis Obispo the Municipal Code is hereby repealed and replaced by a new Chapter 15.08, to read as follows: SEGRON 2 GILAAzFER 15.08 15.08.010 ADOPTION ADOPTION OF UNIFORM FIRE CODE There is hereby adopted by the City Council of the City of San Luis Obispo for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials and explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I-a, I-b, I-c, II-a, II-b, II-c, II-d, s 114, IIIA, III-d, IV-a, IV-b, V- a, VI-a7 VI-b, VI-d, VI-e, VI-f,and the Uniform Fire Code Standards published by thes.?.axe'..:.... Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 499 editions thereof and the whole thereof, save and except such portions as gAconuwnleveryonelwp\uk% 8 Attachment D Page 11 of 37 hereinafter deleted, modified or amended by Sections 15.08.840 OW through 15.08.480 am of the San Luis Obispo Municipal Code three (3) copies of which Code and Standards have been and are now filed in the office of the clerk of the City of San Luis Obispo and the same are 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 provision thereof shall be controlling within jurisdictional limits of the City of San Luis Obispo. 15.08.020 Bureau of Fire Prevention-Established-Duties of the Chief of the Fire Department. A. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department. B. The chief in charge of the bureau of fire prevention shall be the chief of the fire department. C. The chief of the fire department may detail such members of the fire department as shall from time to time be necessary. The chief of the fire department shall recommend to the city administrative officer the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. 15.08.030 Authority Having Jurisdiction Defined Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of San Luis Obispo. gAconmwnleveryone%wplufc95 9 Attachment D Page 12 of 37 15.08.040 Amendments—Generally. The provisions of the Uniform Fire Code, hereinafter referred to as UFC, 499 Edition, are amended, supplemented and repealed as set forth in Sections 15.08.Q50 through 15.08.480 ,4 15.08.050 SECTION 4.108. amended—Permit Required Section 4.198MM is amended to add a second paragraph to read as follows: M=AIM Permits are obtained from the San Luis Obispo City Fire Department (Fire Prevention Bureau). A fee may be charged for Fire Department permits. The amount of these fees shall be established by resolution of the City Council. The Chief may waive or reduce permit fees so established when he determines that to do so would be consistent with the best interests of the City and Fire Department. 15.08.060 SECTION 4.108.a.2.1. WN" amended—Permit Required. Section 4.108.&.2.1 IgMij added to read as follows: jWNWM To install or modify any fire alarm equipment prior to starting work. MOM S—RG 0.1-09 amended Sorority house defined. Seefien 9.108 is amended to add a definifien of Rmtemity Hettse to nmd.- FRA I—RUNRI T-V THIGIULNE (OR SORORITY HOUSE) meess a banding or- handiap eeeupied by six (6) or mefe eaRege or- univemity students who are members of a soes gAconmion1everyone1wpkufc95 10 Attachment D Page 13 of 37 Cele. i5:09.08A &MMN 9.121 am aded—Seperity house defined, 15.08.0% ." Q ... SECTION 9-.M ry"'Hazardous Fire Area Section 9.;10 is amended as follows: rona HAZARDOUS FIRE AREA is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated by the chief. For the purpose of this code, all areas within the jurisdictional limits of the City of San Luis Obispo shall be subject to the provisions set forth in this code for hazardous fire areas. 15.08.410 SECTION 10.203 amended- Required Access Section 4$.203 -02 is amended to as follows: REQUIRED ACCESS. Fire apparatus access roads shall be provided for every facility, gAcommon1everyone%wp%ufe95 11 le-/ Attachment D Page 14 of 37 building or portion of a building hereafter constructed or moved into or within the jurisdiction when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, this distance may be increased to 300 feet. 2. When access roadways cannot be installed due to topography, waterways, non- negotiable grades or other similar conditions, the chief is authorized to require Padditionalfireprotection as specified in Section 3. When there are not more than two Group R, Division 3 or Group M Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, fire-fighting or rescue operations would not be impaired. More than one fire apparatus road may be required when it is determined by the chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. For open yard storage, see Section 3^ For hazardous materials, see Article 80. FeF fife safety deft elawatien or demelitien of a buAding,see 8 gAcommonleveryone1wplufc95 12 Attachment D Page 15 of 37 15.08.440 SECTION 10.401 amended—Water supply. Section 10.49 4 is amended as follows: WATER SUPPLY. An approved water supply capable of supplying the required fire-flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the building, there shall be provided, when required by the chief, on-site fire hydrants and mains capable of supplying the required fire-flow. EXCEPTION: For buildings not in a wildland interface area where the building is protected by an approved fire-sprinkler system throughout, the distance may be increased to 300 feet. 15.08.450 SECTION 10.402 kv amended Type Water Supply Section 10.402M is amended as follows: Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems connected to the municipal water system and capable of providing the required fire-flow. In setting the requirements for fire-flow, the chief may be guided by the most current edition of the Fire Suppression Rating Schedule published by the Insurance Services Office. gAconurm)n1everyone%wp1ufc95 14 Attachment D Page 16 of 37 Ra i a2 i 15.08. 30 SECTION 1 5. W amended—Authority to Have Vehicles inJ.J 002...31.:...............Violation of Sections 10:305 Removed. OBSTRUGTI Section 10.203 MW is amended as follows: PWXgXMM The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances under this Section shall be maintained at all times. i :i i .. .tt"tt1rS..... GtSs. a .....stiff;;:.<, Y` t :a 1#da:.u.:}:.Y:..................,,......:..,....::::::::::::: S:us: o}>u}Ra w:u::J: aPd'S uE SCCUTi tiCa#, SYtttlt t db,S n,n»C,t ,..\... ,..,..nn 4..n.^CJ.. L'.,ivY:i, .Yiyi l The Chief and his authorized representatives shall have the power and authority to remove or cause to be removed, without notice, any vehicle, or object parked or placed in violation of UFC. The owner of any item so removed shall be responsible for all towing, storage and other charges incurred. 15.08.130 SECTION 10.306 ADD tfe —Fire Department Access to v Equipment 0iaas Section x&30 is added to read as follows: Rooms or areas containingcontrolsd. \„Ytt3:h8]}.xO.J.4.Q:.O.hAQ1v::LJ::•.::•:,;:•:L.,v.IXJri.Y.Y'n•}.l'A'.:,v,.h`<J :<Ci,:\.}:<:<.n::;4:t, AP:: for air-conditioning systems, automatic fire-extinguishing systems, or other detection, suppression or control elements shall be identified for use by the fire department. g:konmwn1everyone%wplufc95 13 Attachment D Page 17 of 37 alter, tamper with or otherwise disturb any fire hydrant, fire appliance, fire-alarm system or automatic sprinkler-system required to be installed or maintained under the provisions of this code or by the Fire Department except for the purpose of extinguishing a fire, training purposes, recharging, making necessary repairs or when permitted by the Fire Department. Whenever a fire appliance or any of the above systems is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. 15.08.4-70 --no. SECTION 10.501-.(b) 10K3 amended—Special Hazards Section r is amended as follows: In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or the location is beyond the four-minute response time of the Fire Department, or the location is above the water-service height limit, additional safeguards may be required consisting of additional fire-appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of, but are not limited to, automatic fire-alarm systems, automatic sprinkler or water-spray systems, standpipe and hose, fixed or portable fire-extinguishers, Nomex blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire-extinguishing systems. Where such systems are installed, they shall be in accordance with applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when the Uniform Fire Code Standards do not apply. Other improvements such as fire-rated construction or fire- g:kon mon%everyone%wpkufc95 16 rL Attachment D Page 18 of 37 EXCEPTION: For a building protected by an approved fire-sprinkler system throughout, the required fire-flow may be reduced in accordance with I.S.O. Guidelines. 15.08.460A3.0 SECTION 10.403 RP amended—Fire Hydrants 5;:>:JJ.•;•rq:,>1..:««;;:CJ::;4ri.n Section 10.403 $MM is amended to read as follows: The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire-flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 18.283 5 . EXCEPTION: For area not in the wildland interface where all buildings in the area are protected by an approved fire-sprinkler system throughout, the allowable distance between hydrants may be increased as set forth in the San Luis Obispo Fire Department's Development Guide. 15.08.480 X40 SECTION 10.104(b) MM amended - Tampering with Fire Hydrant or Fire Appliance Section1` '':, : is amended as follows:O.K., ni4N.i Y:K Nope rson shall remove from service g:kommonleveryonelwplufc95 15 8-18' Attachment D Page 19 of 37 retardant or non-combustible roof and/or exterior coverings may also be required. 15.09.480 SECTION i09505(a) 4 amended—Pt Fire Extinguisheis Section 10.505(s) is amended as follows: General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code, or as determined by the chief. Portable fire extinguishers shall be in accordance with U.F.C. Standard No. 10-1. The minimum fire extinguisher requirement shall be the installation of one (1) approved 2- A:10-B:C as rated by Underwriters Laboratories fire extinguisher for every 3,000 square feet of floor area or 75 feet of floor travel; whichever provides for the least distance of travel. 15.08.4900 SECTION10.507(b) )#M amended—Automatic Fine-Extinguishing Systems Section 10.507(b)is amended follows: ALL OCCUPANCIES. An automatic fire extinguishing system in compliance with appropriate Uniform Building Code Standards, National Fire Protection Association (NFPA) Standards, and other standards adopted by the jurisdiction shall be installed: 1. In aR new buRdings M"ess of fleer area er- oeeepaney eype—. ENGEPTION! Detaehed Greep M eeeupmeies not e3teeeding 500 square feet fleer am. gAconuwn1everyon6wpWc95 17 o% A Attachment D Page 20 of 37 xy,:.x,,,.x.. ,..:v,>;'}}:r,« ;,.: .': ..r..:.,i.xi+'m}:tm. •>:+.aey.,,;.s;...:}:.,}:+.,:..,;.,.:.i,:..0.»;:.::F.;. ::.:i"`:a:.}:.}}.i::x n.q rT•': ^nu:t":v':aiir.:: Iyl..`:., ry.._ ::.....:.' ::.:li:.:av ti`?a„w;}'ai:,... v...:...n...: S..,,oTnS......4.».::{:,}:.. ..1R:a;,.i.:"a}:%:ir:.ii:,v:......:::i:;:}:iiR:.:. ?:?,}}:ss.i}:<?;;1is{.;sA:i:}}::sss.}}:sss::txs::,...y ;{;:S>xnw,<;:p}:i#As:`Ca':ye:x}k.;::{•.y:}x{(c tio:}..,:.<u.:....c....::.vccc:x..:{:, ' ii.....v:w$},u.vS.w::: i:..v.....,..... .... r.:.,::;>';+.::s+: "".}•..x;':wA`Y.. ,.,x.}i`.A^.x:`::' r:.0."l:}:::Y n2}}•: .:cciM::r,}x:xw.}>+:. 3. k Y,:::v'u}5'.v^i'i.:."$i.{wtiJ$}i}}}:v}}:.:Ji rii:.i%.}iii,}'i::.i}i n:iiin}:v n?'Ai.':.!fibi $nG}}{{n'•{}tntiJi}i}i Y.v.ii:59i}}tin}'Fi} 2 . . Existing buildings that are in the commercial fire-zone as established in Section 10:604. L of the Uniform Fire Code as amended by the City of San Luis Obispo shall have an automatic sprinkler system installed and operational throughout by January 1, 2000. EXCEPTION: Buildings of unreinforced masonry construction shall have an automatic sprinkler system installed and operational by the deadline set forth in the Building Code for compliance with seismic retrofit standards. addifiens restAt in an inefease of more than 1,000 squam feet in the teW floor ama; i. Gfeup R, Division 3 and Greup it! gAcon monleveiyonelwplufc95 18 Attachment D Page 21 of 37 painting,4ftAer- windeaq3eft, Sv.••y;w:i.. ".ft:::nyrfyn..y.Y:%ryx,::;, ...;•••••:" A}'::n1JJY is%.i: 'lJ': y'.Y.:,itl:.y:Nltn:F.3•:•• N..N'N{.}SJ]JJ'\ a WI ". f:. i . . 4ylf :: IQTFF € S#T >'xYI's'd "l`i .} .. xt v»nv»M'v'::!:.%i,tYM34'l,Ni,4 :WAnJ%ri.J:'R::}i}..:iiiT3h R:v:.}ri3":irv'i:xnJiii%Nai:ti4iai)'n"vi••••M',Y•. nv. f. ...::}.:..:.. .... .. };:.,...... C;. n^:::' S;;+K:9::}' ».:J.;r.:: o'y_xnr:...M idmov:.>. rwxJ.a..aaaw.ia"'L.coar:M:3:a6i' :wxaw?}:xi:• '.Jwx@>:tG:3}}?.:i?i}»}i:w5in:i: .,';::.J:x,::awx.}:3:Ji}»:oi:vt::}::i:{.aax;oad;.a»:ar»}. <;ea,:cw.:w3:a' ". i tJ4v:i:'::??':$ ::i i}X•:C':?:m:::';::Ji{?:w:+eKrf£:K$r v,.:tCi}>:.:{<{;rC.w.i:fKri n:!M'^. vwf•;?([N:([:':;nCr.: :`.Q '.7w;i_'. 3::u3:w:au•:.3:3N3}wwx:}aJ:aM:fa:},3,<aac:;;.}:aw;;,.'::,: s wx<,:,s:}:.t:.xr:Jar:.:S;m:::istt:'+:.3 ?t3.3:r....v::::n;.:.::.ww,tt3.3ar<:,..rr;ww:,..::.v.uc:n nr.q.;x. .n. .s:w:acwnr r+n .'wu. Y.p¢y.J:4:x]!f}:QJ:J}Y/.., .;.::WX3JJ.:'3:'. }yf jn n':fKtt K.v,. 'fafM3C:F..i3N..tr:? :if+: Rx::?M?.};.Y;3x:AM.. .NC tlA:C. .,... e,,A.. :. Y..;..:..... . x... H,. K3\p:n}i%•: .iry}. .f.)f;n:'x jY.:. i fp:J:.y::yv1J'lf. c:S?.......,.... 5:nr::;::...}..3. :.}::.:.r:::.;:.,:v:o.n•:.:.• n.......n.»....n{}n„nne..n:._...n. K,....x...r}:3:.: ...fik3n.:. .... rx;'x.:3:..,:}:o.,...3x.:;:..+c.;}:;' v}x... .}r}>:3}':.x+;1.x.'x:"a?' nxo} 'f:M ny;. +}•xx,::.iy,:.'.. 3ax0?:a:Y...»1n3p:i„u}}w.:.,..:}a:3r'.»,».,»...»:.:.:...r::x:?::A}}::.....:...::}.,..:........,:.:::.,.,.,.r,.,.,}ic•'.;:.:,' 3V.<'+ i;,...::Ji:RJ:R::........::u::?s}rJ?}...}J ?i?: vxc}:•....n:.,:,;ua...:e%;s.'•y,:.,:i. 3xax.,c> :<S:;• v»:nn;:>:f;:;..s.: 3:3}isGv::;.S::;i:vvi::]Fn»%K i?:i.is iw ;?i,f:Rf;W:.n6ntf n..v:v':U2<24:S:ii?i??:v?:?:3:..vFf• :}i...%<>.?:t q<y... n]n:...'•J}n:r:!3•r:t y...,,ry.}`:±t}}y;.}::}...;..J;.}}}:.•{,• a;}:fv••.:•ri•:.:<::'::i.3:U:.ti.}}}}}:3:.i}:3:.}i:;.}i}i:.Y:}}}:3:Cf;f.i:.isJ:;.i::i:n:n'v4 4iit.aaa}:ROW r•nL'F.•: 9 f9£ifr ENGEPTIONs A Gfetip M oeeeWey ehmged to a Group R, DiAsien 3 eeeepaney-, Reer a x .Gu,}:Jro:a..„R,:3;;<nt: ]o-:;M:r 3:f??M+.J ur ;w n:Mx: :,rxa:.y,•. ..3x,.•n::r.yrt;.,;xM+: f:.ta.,;. .fr .,ew..;?:. 6 <<n< >`f' S x#€tea€ . M t s:> >cr a s "°tm::::::.......W.. u,w wt,0,:.3n:,.,x„.,.....:3,.nr.:.J::,:..:.... ..:::::” .....:.• i::•f.•Fi:f:':5?::?ap::ii:i,.:.?:g:i_ >;?:':}?:i:. 3:i.r.:,:r.;: iJ x:..rr.J:nnJ:nrJ:fMf!3y J:':]:MJ..r.}•J M ••n. xl nvnxvaiax,:xY ,tfWm...<3.v.A .... g:lcommonleveryonelwpluk95 19 Attachment D Page 22 of 37 5xa ,;xaxv.>.: w. . ..„o.,.. x.:a Ia t d?.15 Mi of i¢n iiaf e:t( r ttient st< nA.Qff: i:{2:; '::J:::i{i??'v::it:H,':f:;:'Y':'ititi<:isitC:::::ni:?':'::}C}:,4,::}:::\\\}:1::.n::?:):(i•i tL,....,x,,...t.....:...%..'::):)fti:i.A:\:.:21.STti<:tAi ):i}i.Y s n:5'.?, »,a'.':..}±a}.....}.,.+.: a:.....:<':a}J:i;••JT:' Jt`ICINt::<:;` nM:Q:C At: C.a•C.n'}.'} .vC?Y W... ..?'C....,v y, f vided the bu0 ng vas stru600,4 W 7'feaid n s?.. < ,...,.... ",.,..... ..n....,..;,..tv..w..v svn... TJ`:>yG'i'Y!:},'`.`f:•C:.,.:ya:::..:ii::.>ytof`.:,,..c: 1909 a: J}r..,n.X.::::..o.;•,:::.,/J:»r...,;.:::,;,.> assiafln'ciais`tu SvJJJvriv]]Yn't:Jn\'SSN.J}:W }in',+y:vi:lRii}iiitia:.WiW»I,.iai»riv:vi,riarii:WriaMn.M:w"Aon'Ji:.J:'`riai}i}istNrisWJ:•ALJN:r;Ni}:v}i>`4:.T}VN}i.UiM}Q{ x'>iMCJJ?+:a;:}....:r,::wJ:,+.ta..,' n egt t a ettt te ory.s N :,:a,.? u? ^..,t 3 At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 68. In rooms where nitrate film is stored or handled. 7 . In protected combustible fiber storage vaults as defined in the Fire Code. n.:::.:.:...:..:::.:..:......:.................. .:n.:......:::::.......................:: n t: l addxt€ns to: xrstin MElciu gsutp w tl an aft matte tre er astdm.e. ped a 15.08.300 8p SECTIONOQ; 3amended—Automatic Fire-Extinguishing Systems;-Meer-ores. Section I. is amended as follows: FLOOR AREA. For the purpose of requiring the automatic fire-sprinkler systems specified g:lcommon1everyonelwplufc95 20 16 .Z 3 Attachment D Page 23 of 37 in this article the floor area within the surrounding exterior walls shall be considered as one building. Area separation walls as set forth in the UBC shall not be used in calculating allowable floor area for sprinkler requirements. 15.08.M 1" SECTION 10.507.(d) TA l amended—Automatic Fine-Extinguishing System*—. Kehfia"w. Section 19.50. j is amended as follows: NOTIFICATION. Whenever the Fire Department determines by inspection, that a building does not conform to the minimum requirements of Subseetien (e) 1 of this Section, it shall prepare a fire/life-safety notice in writing that an automatic fire-sprinkler system be installed in the building. The notice shall specify in what manner the building fails to meet the minimum requirements of Subseefien (e) i of this Section. It shall direct that plans be submitted, and that necessary permits be obtained not later than January 1, 1999 and that the automatic sprinkler system be installed not later than January 1, 2000. The Fire Department shall serve the notice, either personally or by certified or registered mail, upon the owner as shown on the last-equalized assessment roll and upon the person, if any, in real or apparent charge or control of the building. EXCEPTION: Buildings of unreinforced masonry construction shall submit plans and obtain necessary permits no later than one (1) year prior to the date set forth by the Building Code for gAconurkon%everyone%wpkufc95 21 Attachment D Page 24 of 37 compliance with seismic retrofit standards. Automatic Fire-sprinkler systems shall be installed no later than the date set forth in the Building Code for compliance with seismic retro-fit standards. 15.08.22020 SECTION 10.507(e) MW amended—Automatic Fire-Extinguishing Systema-!Y,.:Reee--Jetien Section is amended as follows: RECORDATION. At the time that the Fire Department serves the aforementioned order or notice, the Fire Department shall file with the Office of the County Recorder, a certificate stating that the subject building does not meet the minimum fire-safety requirements of Subseefien SMW and that the owner thereof has been so notified. After all necessary corrective work has been performed, the Fire Department shall file with the Office of the County Recorder, a certificate terminating the status of the subject building as non-conforming to the minimum fire-safety requirements of Subseed *)-4 JPgW of this Section. 15.08.230 SECTION 10.507(f) amended—Automatic Fine-Extinguishing Systems: , EnfereementF Section 10.507(f) 6 is amended as follows: ENFORCEMENT. If the owner or other person in charge and control of the subject building fails to comply with the aforementioned order or notice within the time periods set SAcon=ion%everyonekwpkuk% 2 Attachment D Page 25 of 37 forth in Subseetien (e) MM of this Section, the owner is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six months, or by both fine and imprisonment. A person is guilty of a separate offense each day during which he commits, continues or permits a violation of SebseeEien Y of this Section. 15.082M SECTION 10.507(Oamended—Automatic Fire-Extinguishing Systems, Standards. Section 10.507(g) is amended as follows: STANDARDS. All automatic fire-sprinkler systems required by this Section, shall comply with those standards and written policies established of the San Luis Obispo City Fire Department. 15.08.330 SECTION '^ is deleted completely. 15.08.2024 SECTION 10.508 amended—Sprinkler System Supervision Alarms. Section 10.509. IPM is amended as follows: YMMMIMMXM All automatic sprinkler-systems shall be supervised by a Central Station listed by Underwriters Laboratories for receiving fire alarms. EXCEPTIONS: g:kommon1everyone%wpMc95 23 Attachment D Page 26 of 37 1. Isolated specialty systems such as spray paint-booth systems or isolated installations in closets and storage spaces unless the entire occupancy is also equipped with an automatic sprinkler-system. 2. Residential sprinkler systems for single-family dwellings or duplexes. 15.08.M 250. SECTION10.511(a) Where Required. Seetieamended 10.513(a) is amended as Mews., A type I hood and approved fire-suppression systems in accordance 2., M@withtheMMechanical Code shall be provided for the protection of commercial-type food heat-processing equipment that produces grease-laden vapors. Cooking facilities in existing assembly occupancies, educational occupancies and congregate residences shall be considered commercial-type food heat-processing equipment. 15.08.M 2 SECTION 10.513(f) Posting Operation Instructions. Section 10.513( ; .is amended as follows: Instructions for manually operating the fire extinguishing system shall be posted at a conspicuous location within the kitchen. It shall be the responsibility of the business owner to insure that all employees are knowledgeable in the use of manually-operated or activated fire extinguishing systems within the occupancy. gAwnuwnkeveryone1wp1uk95 24 Attachment D Page 27 of 37 15.08.354 SECTION 14.105: It1 r; amended—Monitoring Section 14.106. rG is amended as follows: GENERAL. All required fire detection systems installed eeeupanews Rf ttt t p shall be supervised by a central station listed by Underwriters Laboratories for receiving fire alarms. A U.L. "Central Station Signaling System Certificate" shall be provided to the Fire Department upon request. 15.08.330 SECTION 11.183(a) added—Refuse Burning. Section 11403(a) :El t3 is added to read as follows: REFUSE BURNING. No waste matter, combustible material or refuse shall be burned in the open air within the City except for agricultural, ceremonial or similar types of fires when authorized by the Chief. 15.08.334SECTION 11.303F1b3 :+Notification. Section 4A83(b) 3 shall be amended to read as follows: NOTIFICATION. Prior to commencement of open-burning the Fire Department shall be notified and a permit shall be obtained from the Fire Department. 15.08.340 :( SECTION 30 r3; added—Exterior Awnings. Section 11.303(f) is added to read as follows: gAconuwnleveryone1wp1ufc95 25 Attachment D Page 28 of 37 exterior awnings connected or adjacent to buildings shall be made from either fabric which has been flame-resistant treated with an approved exterior chemical process by an approved application concern, or from inherently flame-resistant fabric approved and listed by the State Fire Marshal for exterior use. Certificates of flame-resistance or other documentation acceptable to the Chief shall be available on the premises to affirm the flame-resistance of all fabrics and materials used as part of exterior awnings. EXCEPTION: Single-family and small two-family dwellings not exceeding two stories in height. 15.08.39A 1 SECTION 10.604. 1x1 added—Fire Resistive Construction. Section 40.604 > ' is added to read as follows: LIfCTIti« There is hereby established a commercial fire-zone established by the Chief, outlined on a map of the City of San Luis Obispo, Exhibit A. copies of which are on file in the offices of the City Clerk and the Fire Department. 15.08.300 1 SECTION 19.604(a) added 1111 Genstmefien ef Interior Walls, Permanent Partitions and Enclosures. Section 48.604(a) ; is added to read as follows: Co All new construction within the commercial fire- Mwnw(.vl•..r:0'Ai:L'1.ti:4i:4k.W:2iQW:twY.'.:4i:.:Cii'ii»iY:::O:KJii:::P':i'w4>:i>e"ri:::iiii:i.:Ji i:.ri.:i.ii i>:.ii g:%common\everyone%wplufc95 26 rJ Attachment D Page 29 of 37 zone established by the Chief shall hereafter require interior walls, floors, ceilings and partitions to be constructed with 5/8" Type "X" gypsum wall-board or its equivalent regardless of all other lesser minimum requirements to the contrary. This requirement applies to all additions, and alterations, as defined in the Uniform Building Code. EXCEPTION: Buildings protected throughout by an approved fire-sprinkler system. 15.08.318 SECTION 10.605 added—Roof Covering. Section 10.605. M is added to read as follows: No"IMPM It shall be unlawful to install or cause to be installed, wood-shake or wood-shingle roofs on any building. In cases where buildings to.be re-roofed have different roof coverings present, the least combustible covering shall be used as the minimum standard of replacement. EXCEPTION: Roof covering for remodel or addition to an existing building where the new roof area is less than 50% of the existing roof area may be an approved Class B pressure-treated wood shake or shingle system. Determination of the 50% area limitation shall be cumulative with each addition to the building. 15.08.340 SECTION 13.30.3 3.0:3—False Alarms. Section 13.203 is amended as follows: FADE False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Any person who knowingly gAconunon1everyonelwp1ufc95 27 l g 3O Attachment D Page 30 of 37 and willfully signals, transmits, causes or permits to be signaled or transmitted, a false alarm, shall be guilty of a Misdemeanor as set forth in Section 148.4 of the California Penal Code. 15.08.430 SEI SECTION . v,..n.,:...«:<::.::;. 9-9A2(c) ;' i e itle+ SPecia1 Enclosures Section W : is amended as follows: c) SPECIAL ENCLOSURES. When installation of tanks in accordance with BivWen 1v M is impractical or because of property or building limitations, tanks for Class I, lI or III-A liquids are allowed to be installed inside or outside of buildings as follows: 1. Tanks shall be installed in an enclosure which is liquid tight, vapor tight and without backfill inside. 2. Sides, top and bottom of the enclosure shall be of reinforced concrete at least 6 inches thick, with openings for inspection through the top only. 3. Tank connections shall be piped or closed such that neither vapors nor liquid can escape into the enclosed space. 4. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate should leakage occur. 5. Tanks containing Class 1, II or IIIA liquids shall not exceed 2,000 gallons individual gAconmwn1everyone%wpWc95 28 Attachment D Page 31 of 37 or 6,000 gallons aggregate. 15.0$770—SM'1? N 14.108(a). .. ,._dee w,r..:..a Seefien 14.108(a) is amended as Mews., Genu aPtFemW O 15.08.440 SECTION 79.903(e) 2z Nozzles. Section 79.903(e) .! .. is amended as follows: A listed automatic-closing-type hose nozzle valve with a latch-open device shall be provided on island-type dispensers used for dispensing Class I, II, or III-A liquids. Overhead-type dispensing units shall be provided with a listed automatic-closing-type hose nozzle valve with a latch-open device. 15.08.380 ` SECTION 61.105.(e) M added—Unvented Riel-Burning Heaters—Display for Sale. Section 61.105.is added to read as follows: g:lconv wnleveryone%wplufc95 29 Attachment D Page 32 of 37 Any unvented fuel-burning room heaters on display for retail saleXK)k:.'dPjtKYN?:fNSS{;+.'c:c:..:r:.C,':<?2i2:niW.`R fXi6:Cit shall be accompanied by a conspicuous warning sign readable from the display aisle stating: It is illegal to sell or use unvented fuel-burning heaters for residential use." 15.08.390 SECTION 77.104. a"ond Section W.194 ;M is amended as follows: Before a permit is issued to use explosive materials, the applicant shall file with the City of San Luis Obispo a corporate surety bond in the principal sum of$100,000, a public liability insurance policy or a letter of credit for the same amount for the purpose of the payment of damages to persons or property which arise from, or are caused by, the conduct of an act authorized by the permit upon which a judicial judgement results. Such security shall be at the option of and subject to approval of the chief. The chief is authorized to specify a greater or lesser amount when, in the chief's opinion, conditions at the location of use indicate a greater or lesser amount is required. 15.08 400 M< tw3SECTIONK1 ;;Prohibited and Limited Acts Section W. no is amended as follows: N KK Explosive materials shall not be manufactured without the authorization of the chief. Explosive material shall not be stored within the jurisdictional limits of San Luis Obispo City unless authorized by the chief. g:konmwn1everyonelwp%ufc95 30 33 Attachment D Page 33 of 37 15.08.420 " SECTION 79.501. 7 amended—Storage of Class I and H Liquids in Aboveground Tanks Outside of Buildings. Section 99.501 is amended as follows: Storage of Class......................... ....................................... I and Class H liquids in aboveground tanks outside of buildings is prohibited within the jurisdictional limits of the City of San Luis Obispo unless approved by the chief and is in accordance with Fire Department policy and appendix II-F as amended by the City of San Luis Obispo. 15.08.410SECTION 79.501. amended—Stationary Tanks for Storage ofRV Class 1, H, H-A Liquids-In Buildings. Section 79.301.(b is amended as follows: WHERE ALLOWED. Stationary tanks for the storage of Class 1, 11, or HI liquids shall not be installed inside buildings unless approved by the Chief. 15.08.449 §ZQ SECTION 82.10240 ....... . added—Plans for Approval of Liquefied Petroleum Gases. Section 82.102.(d IgM is added as follows: flM Plans for approval of LPG tank installations must be approved by the Fire Department prior to installation. g-1conm=keveryone1wp%uk% 31 Attachment D Page 34 of 37 15.08.450 1 SECTION 82194=0 I;" amended—Maximum Capacity of Liquefied Petroleum Gas Tanks. Section is amended as follows: MAXIMUM CAPACITY WITHIN ESTABLISHED LIMITS. The installation of any liquid-petroleum gas tank over 500 gallons water capacity is prohibited unless approved by the chief. 15.08.460 44 Appendix I-A amended LIFE SAFETY REQUIRENff2 S FOR EXISTING BUILDINGS OTHER THAN HIGH RISE Sections 8 and 9 are added to read as follows: 8. AUTOMATIC FIRE SPRINKLER SYSTEMS Automatic fire-sprinkler systems shall be installed and maintained in all existing buildings as set forth in and in accordance with section 40.50:7 V= of the 4994 M Uniform Fire Code as amended by the City of San Luis Obispo. 9. FIRE ALARM SYSTEMS An approved manual, automatic or manual and automatic fire alarm system shall be installed and maintained in existing buildings as set forth in and in accordance with section 44.1A4 and section 1.103 142 ; of the 499 IS+; Uniform Fire Code as amended by the City of San Luis Obispo. g lmmmon%everyonelwplufc95 32 Attachment D Page 35 of 37 15.08.470 ASI Appendix IIA amended—SUPPRESSION AND CONTROL OF HAZARDOUS FIRE AREAS Section 1 SCBE is amended as follows: M The unrestricted use of grass-, grain-, brush- or forest covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in hazardous fire area shall be in accordance with this appendix. Whenever the term hazardous fire area is used in this appendix it shall mean all areas within the jurisdictional limits of the City of San Luis Obispo. 15.08.480 Q Appendix II-F amended—ABOVEGROUND STORAGE TANKS FOR MOTOR VEHICLE FUEL-DISPENSING STATIONS t at 1 SGOPE is amended as follows: J E Storage and dispensing of motor fuels for private, non-resale use into fuel tanks or motor vehicles from aboveground tanks which are located outside of buildings, or as approved by the chief, shall be in accordance with the policy of the City and this appendix as amended by the City-of San Luis Obispo. 2. MT4AJ=AT10N OF TAAWS (d) @kw is amended as follows: TPIMMAMM Tanks containing motor fuels shall not exceed 2,000 gallon individual or 6,000 gallon aggregate capacity. Installations having the maximum allowable g:kommonleveryone%wpluk95 33 3 Attachment D Page 36 of 37 aggregate capacity shall be separated from other such installations by not less than 100 feet. 4. FLANS SO@M is amended as follows: Plans shall be submitted with permit applications. The plans shall include the method of storage and dispensing, quantities and types of liquids to be stored, distances from tanks and dispensers to property lines and buildings, vehicle access, fire appliances, collision barriers, design and construction of tank and tanks and tank supports, seismic design of tank supports, secondary containment tank venting and vapor-recovery provisions, emergency controls, and other information required by the chief. All plans shall be approved prior to installation. SLAP--IF ANY PROVISION OF THIS ORDINANCE is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. SEGHGN-T A SUMMARY OF THIS ORDINANCE, approved by the City Attorney, together with the ayes and noes shall be published at least (5) days prior to its final passage in the Telegram Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. gAconunon1everyone1wp1ufc95 34 I-3 Attachment D Page 37 of 37