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.
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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
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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.
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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.
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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
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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
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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
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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,,.
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of the 4994 Uniform Fire
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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.
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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
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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
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g:lcommonleveryonelwpluk95 19
Attachment D Page 22 of 37
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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:
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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.
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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.
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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.
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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
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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.
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