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HomeMy WebLinkAbout04/21/1998, 5 - REVISION TO THE SPRINKLER ORDINANCE council 4/21/98 j acEnaa aEpont lh="umb. CITY OF SARI LUIS OBISPO FROM: Robert F.Neumann, Fire Chief P SUBJECT: Revision to the Sprinkler Ordinance CAO RECOMMENDATION 1. Introduce an ordinance to print amending Municipal Code Title 15, Chapter 15.08, Section 15.08.170 to extend time requirements for the mandatory installation of automatic fire- sprinkler systems in the commercial fire zone. 2. Adopt a resolution modifying the compensation of property owners in the "commercial fire zone"for underground waterline connections that are required for fire-sprinkler retro-fit. REPORT IN BRIEF After taking considerable input from downtown property owners, staff is recommending a number of revisions to the existing ordinance. The proposed changes realign the ordinance to the new URM ordinance passed in May of 1997 and tailor it more closely to downtown's current situation. Proposed changes include: • A systematic approach to the installation,by the City of required laterals in the "commercial fire zone"by linking this program to the downtown infrastructure master plan. • Extending deadlines as follows: 1. Where laterals have been installed the deadline will be extended from January 1, 2000 to January 1, 2002 2. Where laterals have yet to be installed two years after installation, but no sooner than January 1, 2002. • Improving the existing rebate program, making it more equitable for property owners who need to install laterals before the City can complete it. There are no significant fiscal impacts associated to the revisions. DISCUSSION Introduction Automatic fire-sprinkler systems have over a 100-year history of providing the highest level of fire protection available. They are the most efficient and cost-effective fire-protection 5-/ Council Agenda Report-Revision to the Sprinkler Ordinance Page 2 systems ever designed. When compared with other fire-protection systems such as improved building codes, water systems and fire-alarm systems, only sprinklers actually extinguish the fire where it starts. Each of the other fire-protection methods tries to manage the fire once it starts and history has shown that many times this is not possible. Additional sprinkler benefits include: • Not only do sprinklers reduce risk to life and property, but in commercial and industrial occupancies, they can have an economic benefit. Insurance rates are reduced, construction costs may be reduced, architectural flexibility and design freedom is increased, and tenant space becomes more desirable and may produce higher revenues. • Fire sprinklers conserve water and fire department resources. Fires in sprinklered buildings require one tenth the amount of water. Compared to fires in buildings without sprinklers, fires in sprinklered buildings cause much less property and water damage (nine to 10 times less). • A fire in a commercial occupancy can have a significant financial impact for the City, adjacent properties and the business itself. Historically, of the businesses that have a major fire, less than 20% ever reopen, and of those that do reopen, half fail in less than six months. This can mean a loss of tax revenues and a loss of employment for the employees. If the fire spreads to other businesses,which is likely in the downtown area, the impact is multiplied. Background/History Our first ordinance,passed in 1983, required fire sprinklers in structures larger than 4,500 square feet, excluding single-family dwellings, This still left many buildings without fire-sprinkler coverage. Two fires in 1989, the Et Cetera Store fire and the Homestead Motel fire, clearly demonstrated the disastrous potential of this lack of coverage. Fire destroyed the Et Cetera building in less than 15 minutes, and three firefighters were nearly caught inside when it exploded into flames. After this fire, Councilmembers suggested the Fire Department develop a more comprehensive fire-sprinkler ordinance resulting in the creation of Ordinance No. 1170. Passed in 1990, this ordinance required that all new structures and all existing buildings in the "commercial fire zone" have an automatic sprinkler-system installed and operational by January 1, 2000. The "commercial fire zone" encompasses an area of approximately 26 square blocks in the central downtown core (Attachment 1) and includes 179 structures required to have sprinkler retrofits in place by January 1, 2000. At the time, this was also the proposed deadline when unreinforced masonry (URK buildings in the downtown core would be required to be strengthened. To assist property owners, Council directed staff at the 1990 meeting to bring back a capital improvement program to offset costs of extending laterals from the water main to the property line. This program provided reimbursements for piping installed in the City right-of-way of approximately $61,000 per year over a nine-year period (a total of$550,000). Council felt that downtown property owners would be sharing with the City the costs of protecting the downtown Council Agenda Report-Revision to the Sprinkler Ordinance Page 3 core against fire and loss of life. In the long-term this would minimi a the fire protection costs so the City agreed to help pay for this program. This program was placed in-service in November of 1991 and was amended in May of 1993. It currently authorizes compensation to property owners of$150 per foot for underground waterline connections from the property line to the point of connection with the City's water system. An annual adjustment for inflation is allowed. This program has been used only eight times since its inception. Relation to Unreinforced Masonry (URM)Ordinance From their very inceptions, these two ordinances were closely linked. In fact on April 21, 1992, City Council amended City Ordinance No. 1170 (1990 Series) to link time requirements for sprinkler retrofit of URM buildings in the commercial fire-zone to the deadline established for URM strengthening. The size and scope of the URM problem in San Luis Obispo is dramatic. After a very collaborative effort from a variety of groups, this ordinance was revised in May of 1997. A new series of deadlines were established based on the building type, and URM requirements. A final deadline was set as January 1, 2017 although the program is structured to encourage early compliance. During the negotiations to establish the URM ordinance, staff received considerable input from a number of sources that both the fire sprinkler and the underground lateral program needed to be updated. Current Situation Passed in 1983, our first sprinkler ordinance was considered to be quite progressive and since that time we have continued to improve it. At the same time over 200 United States communities to-date have enacted similar sprinkler requirements. Roughly 100 of these are in California_ In downtown Fresno, for example, there has been fire damage of only $42,000 during a 10-year period in which its sprinklering law has been effect. The following summarizes buildings in our downtown by their fire sprinkler status: Cw1ek6ryN,umler _ gdac ad_ e Buildings with Sprinklers- 59 24% Buildings without Sprinklers 176 76% Buildings with Laterals Installed 102 43% Buildings that Need Laterals 133 570/ TotalBinz s�-3 Council Agenda Report-Revision to the Sprinkler Ordinance Page 4 Buildings with Sprinklers 59 58% Buildings without Sprinklers 43 42% :UMBu - - -- ._�.1tzhtllier _7)'' : -- - Buildings with Sprinklers — - - 7 — 9% Buildings without Sprinklers 69 91% Buildings with Laterals Installed 26 34% Buildings Needing Laterals 50 66% Also note that of the 176 buildings requiring sprinklers, 76 of these are URM structures. (Please note the total number of URM structures is 84. Several are located on the same lot with only one lateral required). For these 76 structures, the deadline for installing sprinklers is tied to the URM Ordinance. This means these 76 structures are not required to install fire sprinklers until 2017. The time extension provided in this revision only applies to 100 non-URM structures. Of interest is the high number of laterals that the City has already installed. This is primarily due to the Marsh Street project whereby the laterals were installed while the street was under construction so as to prevent future disruption. With the completion of the URM ordinance, and prior to any sprinkler-ordinance changes, staff realized it was important to go back to the downtown property owners and gather information. After notifying each individual property owner, staff held a series of meetings in early December at Headquarters Fire Station to gather input. These meetings were fairly well attended (approximately 45-50 property owners)and staff was impressed at the overall level of support for fire sprinklers. However,property owners expressed that there were some equity issues with the lateral program that should be reviewed. The deadlines were quickly approaching and needed to be made more realistic. After these meetings staff developed a series of recommendations. Again, staff mailed each property owner a letter(Attachment 2) outlining our recommendations and requesting attendance at another meeting held March 18, 1998 for final input. This meeting was attended by only three property owners, who were supportive of the proposed changes. In addition, staff received one letter recommending all deadlines be extended to the year 2017. We received only two phone calls requesting clarification on details. 5� Council Agenda Report-Revision to the Sprinkler Ordinance Page 5 Recommended Changes In order to realign the ordinance to both the URM and tailor it more closely to our current situation, staff is recommend the following changes-. • Lateral Program - Staff proposes a systematic approach for the installation of all required laterals in the sprinkler-zone, free of charge to the property owners. After the year 2000, staff would then require each property owner to complete fire-sprinkler installation within 24 months following the completion of the City lateral. As a practical matter, an official 24- month notice will be given to each property owner when the work is completed. It is estimated the lateral program will be ongoing and could take up to ten years to complete. The program is directly linked to the downtown infrastructure master plan which should be coming to the Council in the summer of 1998. • Extended Deadline Where Laterals Exist - For property owners within the downtown sprinkler zone who already have laterals available to them (this includes many of the properties along Marsh Street where laterals were installed by the City as part of the recent Marsh Street improvement project), we propose extending the deadline by two years, from January 1, 2000 to January 1, 2002. The City may make lateral installations between now and the year 2000. The 2002 deadline would also apply to any of these properties. • Underground Rebate Program - Staff proposes to continue the existing Underground Rebate Program with minor modifications for those property owners who might require a water lateral before the City completes lateral installation. The modifications make the cost reimbursement program more equitable to property owners. A more thorough description follows. During the community meetings held in December, concerns were raised that the current reimbursement method used by the City was not equitable to all property owners. The original intent was to provide for a reasonable reimbursement of the costs associated with the installation of the waterline lateral from the City's main in the street to the owners property line. The current method reimburses up to $150 per foot of the actual costs incurred by the property owner. While this methodology is simple to explain and administer, there have been cases where this has not provided equitable reimbursement for property owners. The specific issue arises when the water line is located on the same side of the street and relatively close to the building. In this case, the property owner may only need to install 15 feet of pipeline to connect to the main and therefore would be reimbursed $2,250 (15 x $150). The actual expenses incurred by the owner may be significantly more than this. The main item that impacts the costs, in this situation, is the connection to the City's water main. The connection to the City's waterline requires a "hot tap" which doesn't require shutting down the waterline but is costly to install. Depending on the size of the watermain, this can add$2,000 to $5,000 to the cost of the construction work. Council Agenda Report-Revision to the Sprinkler Ordinance Page 6 Staff would recommend that a separate Water Main Size Cost Reimbursement reimbursement item be established for the 49&6" $2,000 connection to the City waterline to more g" $2,500 equitably reimburse property owners. The 10" $3,500 City would reimburse the property owner 12" $5,000 for actual costs, up to the amount shown in the table to the right, based on the size of the City waterline. In addition, for the existing eight properties that have already installed laterals, staff would recommend this reimbursement apply. Since the adoption of the original reimbursement method, the costs for installing waterlines in the downtown have increased due to inflation and other factors. With the addition of the lump sum amount relative to the "hot tap" connection, the $150 per-foot figure should provide a reasonable reimbursement for the property owners costs for the remainder of the construction work within City right-of-way. It should be noted staff does not expect property owners to request reimbursement as most will opt for the City to provide the lateral. • Possibility of Assessment District - We are currently exploring the feasibility of forming an assessment district to assist property owners in financing both URM and sprinkler improvements. Should enough interest be shown, and a district is formed, we would recommend allowing the extension of deadlines concurrent with the district's requirements. CONCURRENCES The Utilities Department has worked with Fire Department staff in developing these changes. All affected property owners have been notified about the proposed changes. The Chamber of Commerce and Downtown Business Association have been thoroughly briefed on staff's recommendations and invited to all public meetings. In early April all property owners were again notified of this particular Council meeting. FISCAL EKPACT There are no significant fiscal impacts associated with these revisions. The only potential direct costs to the City are lateral installations; compared to the current program, the proposed changes are likely to be less expensive than the current one. ATTACHMENTS Attachment 1 - Map Attachment 2 - Letter to Property Owners Attachment 3 - Resolution Attachment 4 - Ordinance Attachment 5 - Legi,&ta ive 'D&a. t y � r Z - L a a d - s I- - 11 1S a3dd d - O N .. ��. / O . IO .V NOStiyo 1 1 b 11 4 *is oaol 0= 0 o' 6 0 c as VS08 v1Nv5 - — —--- • — - — - vs0a vlrlvs a as � ) I .� 1:61 L -! is Soso ooc L� arr— oo�l is Soso Ea 'o.o O L 00 ®rn� �rn; i oaaou oaaou is d � I -is 0880H0 004--1 — OOG a Q) ��— o is .avoaLU J --leo-- J� W avoaa Do E r Z o J r-aa� I d IS 0`A0 d b I I I H7v39 r—� N A - N N W N LL I< = C V Z [� �0 = r a 1 ATTACHMENT 1 5i 07 a►��������►��►i►��►��Illlll�llllf�1°"'"' ►AllII(II city of san lues oBis po FIRE DEPARTMENT 2180 Santa Barbara Avenue•San Luis Obispo,CA 93401-5240.805/781-7380 February 27, 1998 "Courtesy &Service" Dear Property Owner: You may recall that we wrote to you in December, 1997 and invited you to attend a series of meetings where we would review our downtown Fire-Sprinkler Ordinance. The meetings were well attended and based on the input we are suggesting the following changes to the existing ordinance. • Lateral Program. The City is proposing initiating a new Underground Lateral Program (water service main to property line). We propose a systematic-phased approach for the installation of all required laterals in the sprinkler-zone, free of charge to the property owners. We would then require each property owner to complete fire-sprinkler installation 24 months after the lateral is installed. As a practical matter an official 24-months' notice will be given to all property owners when.the work is completed. We expect this entire project to take ten years. - • Underground Rebate Program. We propose to continue the existing Underground Rebate Program for those property owners who might require laterals before the City completes the installation. In addition, we will be revising the program to make the cost re-imbursement more equitable to property owners. • Extended deadline where laterals already exist. For property owners within the downtown fire- sprinkler zone who already have laterals available to them (this includes many of the properties along Marsh Street where laterals were installed by the City as part of the recent Marsh Street improvement project), we propose extending the deadline by two years, from January 1, 2000 to January 2, 2002. • Possibility of assessment district financing. We are currently exploring the feasibility of forming an assessment district to assist property owners in financing URM improvements. This approach could also be used to help property owners in financing fire-sprinkler improvements. Should enough interest be shown, and a district is formed, financing for fire sprinklers could be included with this district. As previously committed, all URM buildings will have sprinkler requirements that run concurrent with the revised URM Ordinance which requires full compliance by the year 2017. Where to from here? We are having another meeting in the City Council Chambers at City Hall on Wednesday, March 18", at 7:00 p.m. to discuss our proposed changes. We look forward to seeing you. there. - _ Sin er 1 Ro!rt F. Neumann Fire Chief- V� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ® �� Telecommunications Device for the Deaf(805) 781-7410. ATTACHMENT 2 RESOLUTION NO. (1998 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING PROCEDURES FOR COMPENSATING PROPERTY OWNERS IN THE COMMERCIAL FIRE ZONE FOR UNDERGROUND WATER LINE CONNECTIONS REQUIRED FOR FIRE SPRINKLER RETRO-FIT WHEREAS, on June 6, 1990, the City Council adopted Ordinance No. 1170 amending the San Luis Obispo Municipal Code Chapter 15, Section 15.08.010, adopting the Uniform Fire Code(UFC) and repealing Sections 15.08.040 through 15.08.350, and WHEREAS, the 1988 UFC, Section 10.306(c)requires "existing buildings that are in the `commercial fire zone,' as established in Section 10.501 of the UFC as amended by the City of San Luis Obispo, shall have an automatic sprinkler system installed and operational throughout, by January 1, 2000,"and WHEREAS, Ordinance 1205 (1992) Series amended the 1988 Uniform Fire Code Section 10.306(c)to add the exception that`Buildings of un-reinforced masonry construction shall have an automatic fire-sprinkler system installed and operational by the deadline set forth in the Building Code for compliance with seismic retro-fit standards", and WHEREAS, Council directed staff to bring back a Capitol Improvement Program over a nine-year period to help compensate property owners for the cost associated with the waterline connections in the"downtown core"for buildings requiring a retro-fit sprinkler system. NOW, THEREFORE, BE IT RESOLVED,the City Council authorizes the compensation of each property owner in the commercial fire zone (Exhibit 1),who is required to sprinkler retro-fit, actual costs up to the amount of$150 per foot for underground waterline connections from the property line to the point of connection with the City's water system. Resolution No. (1998 Series) Page 2 BE IT FURTHER RESOLVED,the City Council would also reimburse property owners for actual costs incurred for connecting to the City water main up to the maximum amounts listed on the following table. Water Main Size Max. Cost Reimbursement 4"&6" $2,000 8" $2,500 10" $3,500 12" $5,000 Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of ) 1998. Mayor Allen Settle ATTEST: City Clerk ity o y ORDINANCE NO. (1998 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,AMENDING TITLE 15, CHAPTER 15.08, SECTIONS 15.08.170 AND 15.08.190 OF THE MUNICIPAL CODE EXTENDING TIME REQUIREMENTS FOR AUTOMATIC SPRINKLER SYSTEMS WHEREAS, staff took considerable input from downtown property owners when revising the URM ordinance; and WHEREAS, it was established that both the fire sprinkler and the underground lateral program needed to be updated; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Subsection 15.08.170(4)is hereby amended as follows: "15.08.170 Section 1003.2.2 amended-Automatic fire-extinguishing systems" s • "4. a. Existing buildings that are in the commercial fire-zone as established in Section 1115.1 of the Uniform Fire Code as amended by the City of San Luis Obispo shall have an approved automatic fire-sprinkler system installed and operational throughout by January 1,2002 if they are served by a water lateral dedicated for sprinkler service. "b. As an alternative to Paragraph 4(a) after placement of an underground fire . sprinkler laterals by the City,the property owner will, after receiving official notice,have 24 months to complete an approved automatic fire-sprinkler system. For lateral installations provided between April 21, 1998 and January 1,2000 the deadline of January 1,2002 shall also apply. "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." SECTION 2. Section 15.08.190 is hereby amended as follows: "15.08.190 Section 1003.23 amended-Automatic fire-extinguishing systems" Ordinance No. (1998 Series) Page 2 "Notification. Whenever the fire department determines by inspection, that a building does not conform to the minimum requirements of 1003.2.2 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 1003.2.2 of this section. It shall direct that plans be submitted, and that necessary permits be obtained by the specified date. 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 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 the seismic retro-fit standards." SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against, shall be published at least five days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of 1998, on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle Ordinance No. _ _ .. __ _ (1998.Series).. Page 3 ATTEST: City Clerk Bonnie Gawf y APPROVED: 3 _ orgensen Legislative Draft 15.08.170 Section 1003.2.2 amended - Automatic fire-extinguishing systems. Section 1003.2.2 is amended as 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. Throughout new buildings containing Groups A, E, I, or H occupancies. 2. Throughout new buildings containing occupancies other than A, E, I, or H where floor area exceeds 1,000 square feet (92.9 m2) 3. Throughout new buildings containing one or more dwelling units. 4. Existing buildings that are in the commercial fire-zone as established in Section 1115.1 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. 2002 if they are served by a water lateral dedicated for sprinkler service. (b) As an alternative to Paragraph 4(a), after placement of an underground fire sprinkler lateral by the City, the property owner will, after reviewing official notice, have 24 months to complete an approved fire-sprinkler system. For lateral installations provided between April 21. 1998. and January 1, 2000, the deadline of January 1, 2002 shall also apply. 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. 15.08.190 Section 1003.2.3 amended -Automatic fire-extinguishing systems. Section 1003.2.2 is amended as follows: Notification. Whenever the fire department determines by inspection, that a building does not conform to the minimum requirements of 1003.2.2 of this section, it Attachment 5 0 ) 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 1003.2.2 of this section. It shall direct that plans be submitted, and that necessary permits be obtained , 1999 effid that the specified date. 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 the 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 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 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. Azta.chment 5 (2)