103-B. Draft Ordinance (strike-out version).pdf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16 OF THE CUPERTINO MUNICIPAL CODE AND
ADOPTING THE 2010 CALIFORNIA BUILDING CODE STANDARDS
WITH APPENDICES AND AMENDMENTS THERETO
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that they are
adopting the 2010 California Building Code Standards and amending Chapter 16 of the
Cupertino Municipal Code as follows:
Amend Chapter as specified:
Section
16.04.010 Code Adoption of California Building Code.
16.04.015 Adoption of Appendix Chapters.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.050 Address posting.
16.04.060 Installation of Spark Arrestors.
16.04.080 Roof Covering Classification.
16.04.110 Amending Section 1614, 1614.1 and 1614.3.
16.04.130 Other inspection fees – Table 1-A.
16.04.160 Penalty.
16.04.170Amending Section 1614, 1614.1 and 1614.1.7.
16.04.180Amending Section 1908.1 and adding Section 1908.1.17.
16.04.230Vertical combinations –Amendment.
16.04.340 Conventional Construction Provisions (Bracing) - Amendment.
16.04.350 Stability Coefficient Equation.
16.04.360 Concrete Isolated Footings.
16.04.370 Revise section 1908.1.8 ACI 318-08 section 22.10.1.
*For statutory provisions regarding the authority of cities to regulate the building, construction
and removal of buildings within the city, see Gov. Code § 38601; for other provisions
concerning the authority of cities in regulating buildings and construction, see Gov. Code §
38660; for the provisions of the State Housing Act, see Health and Safety Code § 17910 et seq.
Amend Section 16.04.010 to read:
The Building Code for the City shall be the 2007 Edition of the California Building Code,
Volumes 1 and 2 inclusive and Appendices which follow:
The provisions of the 2010 California Building Code, Volumes 1 and 2 inclusive, and
Appendices which follow and each and all of the regulations, provisions, conditions and terms of
the code is referred to as if fully set forth in this chapter, and is by such reference adopted.
One (1) copy of each volume of the code therefore is on file in the office of the Building
Official pursuant to Health and Safety Code Section 18942 (d) (1) and are made available for
public inspection.
Add Section 16.04.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2010 California Building Code are hereby
adopted.
A.C–U Buildings; Appendix C: Group U – Agricultural Buildings;
B.D–Fire Districts;
C.Amend D102.2.5 Roof Covering;
D.F–Rodentproofing; Appendix F: Rodentproofing;
E.G–Flood-Resistant Construction; Appendix G: Flood-Resistant Construction;
F.I–Patio Covers; Appendix I: Patio Covers;
G.2007 California Historical Building Code; California Code Part 8: 2010 California Historical
Building Code;
H.2007 California Existing Building Code; California Code Part 10: 2010 California Existing
Building Code
Findings: Appendix D is recommended to be removed from the Municipal Code since it is not
applicable in the City since an ordinance has never been adopted to create or establish a Fire
District. Section D102.2.5 Roof Covering is recommended to be relocated from the Building
Code section and added as amended in the Residential Code section of the Municipal Code.
Section 16.04.020 to remain unchanged.
Section 16.04.030 to remain unchanged.
Section 16.04.050 to remain unchanged.
Amend Section 16.04.060 as follows.
In new construction or when alterations, repairs or additions requiring a permit and having a
valuation in excess of one thousand dollars occur, all new and existing fireplace chimneys shall
terminate in a substantially constructed spark arrestor, having a mesh not exceeding one-half
inch. complying with the requirements of the 2010 California Residential Code Section
R1003.9.1.
Findings: The construction requirements for spark arrestors are included in the 2010
California Residential Code \[Section R1003.9.1\] and therefore recommended to be referenced in
this section where the spark arrestor
Add Section 16.04.070 as follows:
Amend Section 707A.8 of the 2010 California Building Code as follows:
Delete “When required by the enforcing agency”
Delete Section 710A.3.2 of the 2010 California Building Code in its entirety.
Amend Section 710A.4 of the 2010 California Building Code as follows
Delete “When required by the enforcing agency”
Findings: The recommendation to remove “When required by the enforcing agency” will
eliminate the subjectivity that may be introduced if the verbiage were to remain.
Amend Section 16.04.080 to read:
Section 1505 of the 2007 California Building Code is amended to read:
Roof coverings on all buildings and structures hereafter erected or constructed in the City,
shall be fire-retardant, and shall comply with the standards established for Class A roofing. All
recovering or replacement roofs for existing buildings and structures shall comply the 2007
California Building Code Section 1510 and shall be fire-retardant, and comply with the standards
established for Class A roofing.
Except that a replacement or recovering of less than 10 percent of the total roof area shall be
exempt. This exception will not apply if recovering or replacement of 10 percent or more of the
existing roof is done in any three consecutive year period.
The 2007 California Building Code, Section 1501.1 Exception is deleted.
Precipitation, relative humidity, temperature and wind. These local climatic conditions affect
the acceleration, intensity and sizeof fire hazard of acommunity.
Times of little or no rainfall, of low humidity, high temperatures and the winds experienced in
this area can have a tremendous impact upon structure fires especially when buildings are close
proximity to one another.
Geographic and Topographic:
Seismic location. Seismically, the city has the San Andreas and Sargent
-Berocal faults
running through the lower foothills and the Monta Vista fault system closer to the valley floor
area. The Hayward fault is just northeast of the city which would have a major effect upon the
city if it were to rupture. Adding to this threat is the number of vehicles driven in the city is
steadily increasing with commuters driving to and through the city either to their homes,
shopping and/or places of employment. With so many vehicles on the road at any given time
during the day can play a major role on the response time of emergency services thus greatly
increasing the risk to property and life.
Local climatic, geographic and topographic conditions impact potential damage to all
structures from earthquake and subsequent fire.
Section 1505.1.3 of the 2010 California Building Code is amended to read:
The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant
roof covering that is at least Class A.
Section 1505.1.4.1 of the 2010 California Building Code is amended to read:
The entire roof
covering of every existing structure where more than 50 percent of the total roof area is replaced
within any one-year period, the entire roof covering of every new structure, and any roof
covering applied in the alteration, repair or replacement of the roof of every existing structure,
shall be a fire-retardant roof covering that is at least Class A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also
comply with Section 705A.
Section 16.04.110 to remain unchanged.
Section 16.04.130 to remain unchanged.
Section 16.04.160 to remain unchanged.
Repeal Section 16.04.170 in its entirety.
Findings: Section 16.04.170 is included in the 2010 California Building Code and no longer
needs to be a local amendment.
Section 16.04.180 to remain unchanged.
Repeal Section 16.04.230 in its entirety.
Findings: Structural Amendments are based on an outdated model code and have changed due
to the adoption of the international code.
Amend Section 16.04.340 in its entirety as follow:
SECTION 2308.9.3 CONVENTIONAL CONSTRUCTION PROVISIONS (BRACING)
2007 CBC Section 2308.9.3, Items 5 & 7 are amended as follows.
Delete 2007 CBC Section 2309.9.3, Item 5 which allows the use of gypsum board.
Amend 2007 CBC Section 2308.9.3, Item 7 as follows:
Portland cement plaster on studs spaced 16 inches on center installed in accordance with Section
2510is limited to one-story structures of R-3 and U occupancies.
Delete CBC Section 2308.9.3, Item 5 which allows the use of gypsum board.
Amend CBC Section 2308.9.3, Item 7 as follows:
Portland cement plaster on studs spaced 16 inches on center installed in accordance with Section
2510 is limited to one-story structures of R-3 and U occupancies.
Add Section 16.04.350 in its entirety as follow:
Add Section 1613.8 to 2010 CBC Section 1613 and ASCE 7-05 Section 12.8.7 to read as
follows:
Modify ASCE 7, Section 12.8.7 by amending Equation
12.8-16 as follows:
PI
x
(12.8-16)
VhC
xsxd
Findings: The importance factor, I, was omitted from Equation 12.8-16 by mistake while
transcribing it from the 2003 NEHRP Recommended Provisions (FEMA 450) Equation 5.2-16.
For buildings with importance factor, I, higher than 1.0, the stability coefficient should include
the importance factor. The proposed modification is consistent with the provisions adopted by
DSA-SS and OSHPD as reflected in Section 1615.10.7 of the 2010 California Building Code. It
is also consistent with ASCE 7-10 Equation 12.8-16 that will be adopted in the next code cycle.
TUCC had supported the proposed modification during the 2007 code adoption process. This
proposed amendment is a continuation of an amendment adopted during the previous code
adoption cycle.
Add Section 16.04.360 in its entirety as follow:
Amend Section 1704.4 Exception #1 of the 2010 CBC to read as follows:
The
special inspections and verifications for concrete
construction shall be as required by this section and TABLE 1704.4.
Special inspections shall not be required for:
1.Isolated spread concrete footings of buildings three stories or less above grade plane that are
fully supported on earth or rock, where the structural design of the footing is based on a
specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2
Mpa).
Findings:Results from studies after the 1994 Northridge earthquake indicated that a lot of the
damages were attributed to lack of quality control during construction. The proposed
amendment improves quality control during construction and therefore needs to be incorporated
into the Code.
Revise CBC Section 1704.4 Exception #1 to allow special inspection not to be required for
isolated spread footing where the structural design of the footing is based on a specified
compressive strength, f’c, no greater than 2,500 psi.
This proposed amendment is a continuation of an amendment adopted during the previous code
adoption cycle.
Add Section 16.04.360 in its entirety as follow:
Amend entire section 1908.1.8 ACI 318 section 22.10 and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of
structural plain concrete, except as follows:
(a)Isolated footings of plain concrete supporting pedestals or columns are permitted, provided
the projection of the footing beyond the face of the supported member does not exceed the
footing thickness.
In detached one and two-family dwelling three stories or less in height, the projection of the
footing beyond the face of the supported member is permitted to exceed the footing
thickness.
(b)Plain concrete footing supporting walls are permitted, provided the footings have at least two
continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have
a total area of not less than 0.002 times the gross cross-sectional area of the footing. A
minimum of one bar shall be provided at the top and bottom of the footing. Continuity of
reinforcement shall be provided at corners and intersections.
In detached one and two-family dwellings three stores or less in height and constructed with
stud bearing walls, plain concrete footings with at least two continuous longitudinal
reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002
times the gross cross –sectional area of the footing.
Findings: The proposed amendment addresses the problem of poor performance of plain or
under-reinforced concrete footings during a seismic event. This amendment reflects the
recommendations by the Structural Engineers Association of Southern California (SEAOSC) and
the Los Angeles City Joint Task Force that investigated the poor performance of plain and
under-reinforced concrete footings observed in 1994 Northridge earthquake.
Add this Chapter in its entirety.
Section
16.06.010 Code Adoption.
16.06.015 Adoption of Appendix Chapters.
16.06.050 Automatic Fire Sprinkler Systems.
16.06.060 Materials and Construction Methods for Exterior Wildfire Exposure.
16.06.070 Footings.
16.06.080 Roof Covering Classification.
16.06.090 Seismic Reinforcing.
16.06.100 Intermittent Brace Wall Panel Construction Methods.
The provisions of the 2010 California Residential Code and specified Appendices and each
and all of the regulations, provisions, conditions and terms of the code is referred to as if fully set
forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
The following Appendix Chapters from the 2010 California Residential Code are hereby
adopted:
Appendix A: Sizing and Capacities of Gas Piping;
Appendix C: Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems;
Appendix G: Swimming Pools, Spas and Hot Tubs;
Appendix H: Patio Covers;
Appendix J: Existing Building and Structures;
Appendix K: Sound Transmission;
Amend Section R313.1 to read:
An automatic residential fire
sprinkler system shall be installed in all new townhouses and in existing townhouses when
additions are made that increase the building area to more than 3,600 square feet.
One or more additions made to a building after January 1, 2011 that does not total more than
1000 square feet of building area.
Amend Section R313.2 to read:
An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:
1.In all new one- and two-family dwellings and in existing one- and two-family dwellings
when additions are made that increase the building area to more than 3,600 square feet.
One or more additions made to a building after January 1, 2011 that does not total more than
1000 square feet of building area.
2.In all new basements and in existing basements that are expanded.
Existing basements that are expanded by not more than 50%.
Amend Section R327.7.9 of as follows:
Delete “When required by the enforcing agency”
Delete Section R327.10.3.2 in its entirety:
Amend Section R327.10.4 of as follows:
Delete “When required by the enforcing agency”
Amend Section R403.1 to read:
All exterior walls shall be supported on continuous solid or fully grouted
masonry or concrete footings, or other approved structural systems which shall be of sufficient
design to accommodate all loads according to Section R301 and to transmit the resulting loads to
the soil within the limitations as determined from the character of the soil. Footings shall be
supported on undisturbed natural soils or engineered fill. Concrete footings shall be designed
and constructed in accordance with the provisions of Section R403 or in accordance with ACEI
332.
1-story 12 12 12 12
2-story 15 12 12 12
3-story 23 17 12 12
1-story 12 12 12 12
2-story 21 16 12 12
3-story 32 24 16 12
1-story 16 12 12 12
2-story 29 21 14 12
3-story 42 32 21 16
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 0.0479 kPa.
a.Where minimum footing width is 12 inches, use of a single wythe of solid or fully grouted 12-inch
nominal concrete masonry units is permitted.
Amend Section R403.1.1 to read:
Minimum sizes for concrete and masonry footings shall be as set
forth in Table R403.1 and Figure 403.1(1). The footing width, W, shall be based on the load-
bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least 6
inches (152 mm) in thickness, T. Footing projection, P, shall be at least 2 inches (51 mm) and
shall not exceed the thickness of the footing. The size of footings supporting piers and columns
shall be based on the tributary load and allowable soil pressure in accordance with Table
R401.4.1. Footings for wood foundations shall be in accordance with the details set forth in
Section R403.2, and Figures R403.1(2) and R403.1(3).
Delete Figure R403.1(2) and Figure R403.1(3).
Delete Section R403.2 in its entirety.
Amend Section R902.1.3 to read:
The entire roof covering of every existing
structure where more than 50 percent of the total roof area is replaced within any one-year
period, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant
roof covering that is at least Class C A.
Amend Section R902.1.4 to read:
The entire
roof covering of every existing structure where more than 50 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class C A.
Roofing requirement for structures located in a Wildland-Urban Interface Fire Area shall also
comply with Section R327.5.
Amend Section R403.1.3 by adding wording to the first sentence of the first paragraph to specify
the minimum amount of longitudinal reinforcing, and by deleting the portion of the Exception to
this section that allows the use of plain concrete footings without longitudinal reinforcement, to
read:
Concrete footings located in Seismic Design Categories D0,
D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two
continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall
be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a
concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than
4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom
of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem
wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is
supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at
not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm)
clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
In detached one- and two-family dwellingswhich are three stories or less in height and
constructed with stud bearing walls, isolated plain concrete footings supporting columns or
pedestals are permitted.
Findings:This proposed amendment to the CRC is made to be consistent with TUCC
amendment 3 that modifies the plain concrete provisions in CBC Section 1908.1,8 and ACI 318
Section 22.10.1.
This proposed amendment addresses the problem of poor performance of plain or under-
reinforced concrete footings during a seismic event. This amendment reflects the
recommendations by the Structural Engineers Association of Southern California (SEAOSC) and
the Los Angeles City Joint Task Force that investigated the poor performance of plain and
under-reinforced concrete footings observed in 1994 Northridge earthquake.
Amend CRC Table R602.10.1.2(2), to add a new footnote “d” to the end of CRC Table
R602.10.1.2(2), to read:
d. In Seismic Design Categories D, D, and D, Method GB is not permitted and the use of
012
Method PCP is limited to one-story single family dwellings and accessory structures.
Add the “d” footnote notation in the title of Table R602.10.1.2(2) after the three footnotes
currently shown, to read:
Add a new subsection R602.10.2.1.1, to read:
. In Seismic Design Categories D, D, and
01
D, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is
2
permitted to be installed when required by this Section to be placed on the opposite side of the
studs from other types of braced wall panel sheathing. In Seismic Design Categories D, D,
01
and D, the use of Method PCP is limited to one-story single family dwellings and accessory
2
structures.
Findings:The proposed amendment addresses the problem of poor performance of gypsum
wallboard and Portland cement plaster as wall bracing materials in high seismic areas. This
amendment reflects the recommendations by the Structural Engineers Association of Southern
California (SEAOSC) and the Los Angeles City Joint Task Force that investigated the poor
performance of these bracing materials that were observed in 1994 Northridge earthquake.
Amend Chapter as specified:
Section
16.12.010 Purpose Code Adoption.
16.12.020 Required.
16.12.030 Report Requirements.
16.12.040 Preparation.
16.12.050 Approval of Report.
16.12.060 Conditions of Building Permit.
16.12.070 Appeals.
* For statutory provisions requiring cities to enact an ordinance which makes necessary a
preliminary soil report of every subdivision, see Health and Safety Code §§ 17953-17957.
Amend Section 16.12.010 to read:
The ordinance codified in this chapter is enacted pursuant to the provisions of Section 17953
through 17957 of the Health and Safety Code of the state, relating to housing, and reaffirms the
requirements of an approved soils report as a condition to the issuance of a building permit.
Amend Section 16.12.020 to read:
A soils report, as described in Section 17953 of the California Health and Safety Code, shall
be required of every subdivision as defined in the Subdivision Map Act of the State of California
(commencing at Section 66401 of the California Government Code) and shall also be required as
a condition precedent to the issuance of any building permit for any structure to be built on any
lot or subdivision.
Said soils report may be waived by the Building Official or if the Public Works Director
determines that due to the knowledge such department has as to the soil qualities of the soil of
the subdivision or lot, no analysis is necessary.
Section 16.12.030 to remain unchanged.
Section 16.12.040 to remain unchanged.
Section 16.12.050 to remain unchanged.
Amend Section 16.12.060 to read:
No building permit shall be issued for the construction of any building or structure on any lot
or subdivision subject to this chapter unless or until an approved preliminary soil report has been
filed first with the Building Official and City Engineer; or said report has been waived pursuant
to the provisions of this chapter or, the corrective action, if any, has been assured.
Section 16.12.070 to remain unchanged.
Amend Chapter as specified:
Section
16.16.010 Code Adoption of 2007 California Electrical Code and Uniform Administrative Code
Provisions (except Table 3-A).
16.16.015 Adoption of Appendix Chapters.
16.16.020 Article 100 Amended - Definitions.
16.16.025 Electrical Work.
16.16.030 Electrical Fee Schedule.
16.16.040 Interpretation.
16.16.050 Electrical Maintenance Program.
16.16.070 Penalty.
16.16.120 Solar photovoltaic systems –Amendment.
16.16.130 Fuel cell systems –Amendment.
Amend Section 16.16.010 to read:
CodeAdoption of 2007 California Electrical Code and Uniform Administrative Code
Provisions (except Table 3-A).
The provisions of the 2007 2010 California Electrical Code and each and all of the
regulations, provisions, conditions and terms of the code (one copy of which has been filed for
use and examination by the public in the office of the Building Department) is referred to as if
fully set forth in this chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
Add Section 16.16.015 to read:
No Appendix Chapters from the 2010 California Electrical Code have been adopted.
Section 16.16.020 through 16.16.070 to remain unchanged.
Repeal Section 16.16.120 and Section 16.16.130 in its entirety.
Findings: These two sections, Article 690 and Article 692 of the National Electrical Code, is
included in the 2010 California Electrical code and therefore makes these sections redundant
and recommended for removal.
Amend Chapter as specified:
Section
16.20.010 Code Adoption Adopted by Reference.
16.20.015 Adoption of Appendix Chapters.
16.20.020 Name Insertion.
16.20.030 Amendments.
16.20.080 Condensate Disposals.
16.20.090 Appendix chapters.
16.20.100 Penalty.
16.20.110 Schedule of Fees.
16.20.120 Board of Appeals.
Amend Section 16.20.010 to read:
That certain code entitled “International Association of Plumbing Officials Uniform
Plumbing Code, 2007 Edition” one copy of which is on file in the office of the Building
Department for use and examination by the public, excepting those provisions noted in this
chapter, is adopted by reference.
The provisions of the 2010 California Plumbing Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and
is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
Add Section 16.20.015 to read:
The following Appendix Chapters from the 2010 California Plumbing Code are hereby
adopted:
Appendix A: Rules for Sizing the Water Supply System;
Appendix B: Explanatory Notes on Combination Waste and Vent Systems;
Appendix D: Sizing Storm Water Drainage Systems;
Appendix G: Graywater Systems;
Appendix I: Installation Standards;
Appendix K: Private Sewage Disposal Systems;
Appendix L: Alternate Plumbing Systems;
Section 16.20.020 to remain unchanged.
Repeal Section 16.20.030 in its entirety.
Findings: PEX piping requirements are included in the 2010 California Plumbing Code and
therefore no longer needs to be referenced in the Municipal Code.
Section 16.20.080 to remain unchanged.
Repeal Section 16.20.090 in its entirety.
Findings: This section was relocated to 16.20.015.
Section 16.20.100 to remain unchanged.
Section 16.20.110 to remain unchanged.
Section 16.20.120 to remain unchanged.
Amend Chapter as specified:
Section
16.24.010 Code Adoption Adopted by reference.
16.24.015 Adoption of Appendix Chapters.
16.24.020 Name Insertion.
16.24.030 Condensate Wastes.
16.24.060 Board of Appeals.
16.24.070 Table No. 1-A – Mechanical Permit Fees Amended.
16.24.080 Violation - Penalty.
Amend Section 16.24.010 to read:
That certain code entitled “California Mechanical Code 2007 Edition” as compiled and
published by the International Conference of Building Officials, one copy of which is on file in
the office of the Building Department for use and examination by the public, excepting those
provisions noted in this chapter, is adopted by reference.
The provisions of the 2010 California Mechanical Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and
is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
Add Section 16.24.015 to read:
No Appendix Chapters from the 2010 California Mechanical Code have been adopted.
Section 16.24.020 to remain unchanged.
Section 16.24.030 to remain unchanged.
Section 16.24.060 to remain unchanged.
Section 16.24.070 to remain unchanged.
Section 16.24.080 to remain unchanged.
Amend Chapter as specified:
CHAPTER 16.40: FIRE CODE ADOPTED
Section
16.40.010 Code Adoption of the2007 California Fire Code and 2006 International Fire Code.
16.04.015 Adoption of Appendix Chapters.
16.40.020 Administration
16.40.030 Establishment of limits of districts in which the storage of stationary tanks of
flammable cryogenic fluids are to be prohibited.
16.40.040 Establishment of limits of districts in which storage of Class I and II liquids in
outside aboveground tanks is prohibited.
16.40.050 Establishment of limits of districts in which storage of Class I and II liquids in
aboveground tanks is prohibited.
16.40.060 Establishment of limits in which storage of liquefied petroleum gases is prohibited.
16.40.065 Permits.
16.40.070 Definitions.
16.40.080 General Precautions Against Fire.
16.40.090 Emergency Planning and Preparedness.
16.40.100 Use and Occupancy – Related Requirements.
16.40.110 FIRE SERVICE FEATURES
16.40.120 Fire Apparatus Access Roads.
16.40.130 Access to Buildings and Roofs.
16.40.140 HAZARDS TO FIREFIGHTERS
16.40.150 Emergency Responder Radio Coverage.
16.40.160 BUILDING SERVICE AND FEATURES
16.40.170Fuel Fired Appliances.
16.40.180 Electrical Equipment, Wiring and Hazards.
16.40.190 Stationary Storage Battery Systems.
16.40.195 Decorative Vegetation in New and Existing Buildings.
16.40.200 FIRE PROTECTION SYSTEMS
16.40.210 Automatic Sprinkler Systems.
16.40.220 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
16.40.225 Precautions Against Fire.
16.40.230 Section 1411: Means of Egress.
16.40.240 SEMICONDUCTOR FABRICATION FACILITIES
16.40.250 Definitions.
16.40.260 Storage of Wood Chips and Hogged Material Associated with Timber and Lumber
Production Facilities.
16.40.270 Storage and Processing of Wood Chips, Hogged Materials, Fines, Compost and Raw
Product Associated with Yard Waste and Recycling Facilities.
16.40.280Tire rebuilding and storage.
16.40.290 HAZARDOUS MATERIALS
16.40.300 General.
16.40.310 Definitions.
16.40.320 General Requirements.
16.40.330 Storage.
16.40.340 Use, Dispensing and Handling.
16.40.350 CORROSIVE MATERIALS
16.40.360 Section 3102: Definitions.
16.40.370 Explosives and Fireworks.
16.40.380 FLAMMABLE AND COMBUSTIBLE LIQUIDS
16.40.390 Storage.
16.40.400 HIGHLY TOXIC AND TOXIC MATERIALS
16.40.410 General.
16.40.420 Definitions.
16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed Gases including those used
as Refrigerants.
16.40.440 Use.
16.40.460 Definitions.
16.40.470Fire protection plan.
16.40.475 Application.
16.40.480 Defensible Space.
16.40.490 Access.
16.40.500 Water Supply.
16.40.550Automatic fire sprinkler systems.
16.40.560 General Requirements For Suppression and Control.
16.40.570Permits.
16.40.580Section 105.1.5: Occupational permit fees.
16.40.590Section 105.6.8: Compressed gases.
16.40.600Section 105.6.10: Cryogenic fluids.
16.40.610Table 105.6.20.
16.40.620Section 105.6.48: Day care facility.
16.40.630Section 105.6.49: Institutional.
16.40.640Section 106.5: Final Inspection.
16.40.650 Ignition Source Control.
16.40.660 Outdoor Fires.
16.40.670 Liquified Petroleum Gas Installations.
16.40.680 Storage of Firewood and Combustible Materials.
16.40.690 Dumping.
16.40.700 Protection of Pumps and Water Storage Facilities.
Amend Section 16.40.010 to read:
16.40.010 Code Adoption of the 2007 California Fire Code and 2006 International Fire
Code.
There is hereby adopted by the City of Cupertino for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, that certain code
known as the 2007 California Fire Code and also the 2006 International Fire Code, including
Appendix Chapters 1, 4, B and C 2010 California Fire Code and also the 2009 International Fire
Code, including Appendix Chapters B, C and J and the whole thereof, save and except such
portions as are hereinafter deleted, modified or amended by this ordinance, of which one copy
has been filed for use and examination by the public in the office of the City Building Official
and the City Fire Chief and the same 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 the limits of the City of Cupertino.
Add Section 16.40.015 to read:
16.40.015 Adoption of Appendix Chapters.
The following Appendix Chapters from the 2010 California Fire Code are hereby adopted.
Appendix B: Fire-Flow Requirement for Buildings.
Appendix C: Fire Hydrant Locations and Distribution.
Appendix J: Emergency Responder Radio Coverage.
Fix grammatical errors for Section 16.40.020 to read:
16.40.020 Administration.
Section 101.3.1 is added to read as follows:
101.3.1 Administration. The City Manager, through the powers vested by the City Council,
shall have the authority to delegate any and all responsibility for the maintenance and
enforcement of the provisions of this Code to whichever legal entity he feels best serves the
interests of the City.
Wherever the words “Chief,”“Fire Marshal, “fire code official,”“Fire Department,” “Fire
Prevention Bureau,” “Fire Chief,” “Chief”, “Fire Marshal”, “fire code official”, “Fire
Department”, “Fire Prevention Bureau”, “Fire Chief” and other such similar words are used, they
shall mean and refer to such legal entity designated by the City Manager of Cupertino under the
authority of the City Council of Cupertino.
Wherever the words “municipality,” “jurisdiction,” “municipality”, “jurisdiction” or “city”
are used, they shall mean the City of Cupertino.
Wherever the words “Executive Body” are used, they shall mean the City Council of
Cupertino.
Wherever the words “Administrator” or “Executive” are used, they shall mean the City
Manager of Cupertino.
Wherever the words “District Attorney” or “Corporation Counsel” are used, they shall mean
the City Attorney of Cupertino.
Wherever the words “Board of Appeal” are used, they shall mean the City Council of
Cupertino or the body appointed by the Council to pass on matters pertaining to fire safety.
Amend Section 16.40.030 to read:
16.40.030 Establishment of limits of districts in which the storage of stationary tanks of
flammable cryogenic fluids are to be prohibited.
The limits referred to in Section 3204.3.1.1 3506.2 of the California Fire Code in which the
storage of flammable cryogenic fluids in stationary containers is prohibited are hereby
established as all locations of the City of Cupertino which are residential and congested
commercial areas as determined by the fire code official.
Keep Section 16.40.040 to read (unchanged):
16.40.040 Establishment of limits of districts in which storage of Class I and II liquids in
outside aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.6.1 of the California Fire Code, in which the storage
of flammable or combustible liquids in aboveground tanks is prohibited are hereby established as
all locations of the City of Cupertino that are residential or congested commercial areas as
determined by the fire code official.
(Ord. ________)
Keep Section 16.40.050 to read (unchanged):
16.40.050 Establishment of limits of districts in which storage of Class I and II liquids in
aboveground tanks is prohibited.
The limits referred to in Section 3406.2.4.4 of the California Fire Code, in which the storage
of flammable or combustible liquids in aboveground tanks is prohibited are hereby established as
all locations of the City of Cupertino that are residential or other locations as determined by the
fire code official.
Keep Section 16.40.060 to read (unchanged):
16.40.060 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
The limits referred to in Section 3804.2 of the California Fire Code, in which storage of
liquefied petroleum gas is restricted, are hereby established as all locations of the City of
Cupertino that are residential or congested commercial areas.
Exception:
LPG may be used for industrial operations or when natural gas would not provide a viable
substitute for LPG. Portable containers for temporary heating and/or cooking uses may be
permitted if stored and handled in accordance with this code. Facilities in commercial areas for
refueling portable or mobile LGP containers may be approved by the fire code official on a case
by case basis.
Add Section 16.40.065 to read:
16.40.065 Permits.
Section 105.1.4 is added to read as follows:
105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation. The
valuation shall be limited to the value of the system for which the permit is being issued. Plan
review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee
amount for each permit, the plan review fee shall be added to the Permit Fee.
TOTALPERMIT FEE
VALUATIONS
$1.00 TO $500.00 $23.50
$501.00 TO $23.50 for the first $500.00 plus $3.05 for
$2,000.00each additional $100.00, or fraction thereof,
to and including $2,000.00
$2001.00 TO $69.25 for the first $2,000.00 plus $14.00 for
$25,000.00each additional $1,000.00 or fraction thereof,
to and including $25,000.00
$25,001.00 TO $391.25 for the first $25,000.00 plus $10.10
$50,000.00for each additional $1,000.00, or fraction
thereof, to and including $50,000.00
$50,001.00 TO $643.75 for the first $50,000.00 plus $7.00 for
$100,000.00each additional $1,000.00, or fraction thereof,
to and including $100,000.00
$100,001.00 to $993.75 for the first $100,000.00 plus $5.60
$500,000.00for each additional $1,000.00, or fraction
thereof, to and including $500,000.00
$500,001 to $3,233.75 for the first $500,000.00 plus $4.75
$1,000,000.00for each additional $1,000.00, or fraction
thereof, to and including $1,000,000.00
$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus
$3.15 for each additional $1,000.00, or
fraction thereof
Additional re-inspections, in connection with the permits above, are
to be paid at $30.00 for each occurrence at the discretion of the fire
code official.
Section 105.1.5 is added to read as follows:
105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara
County Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A.Over 50 persons $100.00 – Annually
B. More than 6 persons $75.00 – Annually
2. Day Care Facilities
More than 6 clients $35.00 – Annually
3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane $85.00 - Annually
Structures, Tents and
Canopies (Only those
requiring permits in
accordance with Section
105.6.43).
Section 105.6.8 is amended to read as follows:
105.6.8 Compressed Gases. An operational permit is required for the storage, use or
handling at normal temperature and pressure (NPT) of compressed gases in excess of the
amounts listed in Table 105.6.8, to install any piped distribution system for compressed gases, or
to install a non-flammable medical gas manifold system. A permit is required to install, repair,
abandon, remove, place temporarily out of service, close or substantially modify a compressed
gas system.
Exception:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
2. Routine maintenance.
3. For emergency repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling facilities at
least 30 days prior to the termination of the storage, use or handling of compressed or liquefied
gases. Such application shall include any change or alteration of the facility closure plan. This
30-day period may be waived by the chief if there are special circumstances requiring such
waiver.
Amend Table 105.6.8 to read:
TABLE 105.6.8
1
PERMIT AMOUNTS FOR COMPRESSED GASES
2
TYPE OFGAS AMOUNT(cubic feet)
3
X 0.0283 for m
Corrosive 200
Flammable (except cryogenic and liquefied petroleum 200
gases)
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
1
Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions.
2
Cubic feet measured at normal Temperature and pressure.
Section 105.6.10 is amended to read as follows:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on
site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or
to install a cryogenic vessel or piping system for the storage or distribution of cryogens.
Exception:
Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for
propelling the vehicle or for refrigerating the lading.
Table 105.6.20 is amended to read as follows:
TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS
MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible Liquids: See Section 105.6.16
Corrosive Materials:
GasesSee Section 105.6.8
Liquids55 gallons
Solids 500 pounds
Cryogens: See Section105.6.10
Explosive Materials: See Section 105.6.14
Flammable Materials:
GasesSee Section 105.6.8
LiquidsSee Section 105.6.16
Solids 10 pounds
Highly Toxic Materials:
GasesAny amount
LiquidsAny amount
SolidsAny amount
Moderately Toxic Materials: 20 Cubic Feet
Organic Peroxides:
Liquids: Class I-IV Any Amount
Liquids: Class V No Permit Required
Solids: Class I-IV Any Amount
Solids: Class V No Permit Required
Oxidizing Materials:
Gases504 Cubic Feet
LiquidsAny amount
Solids Any amount
Pyrophoric Materials:
Any amount
Gases
LiquidsAny amount
Solids Any amount
Toxic Materials:
GasesAny amount
LiquidsAny amount
Solids Any amount
Unstable (Reactive) Materials:
GasesAny amount
LiquidsAny amount
Solids Any amount
Water Reactive Materials:
LiquidsAny amount
Solids Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a.20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section
2703.5 are provided for quantities of 20 gallons or less.
b.200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section
2703.5 are provided for quantities of 200 gallons or less.
Section 105.6.48 is added to read as follows:
105.6.48 Day Care Facility. An operational permit is required to operate a business as a day
care facility for more than 6 people.
Section 105.6.49 is added to read as follows:
105.6.49 Institutional. A permit is required to operate, maintain, or use any institutional
type occupancy. For the purpose of this Section, an institution shall be, but is not limited to:
hospitals, children’s home, home or institution for insane or mentally retarded persons, home or
institution for the care of aged or senile persons, sanitarium, nursing or convalescent home,
certified family care homes, residential care homes for the elderly, out of home placement
facilities, halfway house, and day care nurseries or similar facility of any capacity.
Section 106.5 is added to read as follows:
106.5 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access ways
have been completed and approved. No final certificate of occupancy may be granted until the
Fire Department issues notice of final clearance of such fire protection facilities and access ways
to the Building Department.
Delete Section 109.3: Violation penalties
Amend Section 16.40.070 to read:
16.40.070 Definitions.
The following definitions are added:
CARCINOGEN is a substance that causes the development of cancerous growths in living
tissue. A chemical is considered a carcinogen if:
1.It has been evaluated by the International Agency for Research on Cancer and found to be a
carcinogen or potential carcinogen, or
2.It is listed as a carcinogen or potential carcinogen in the latest edition of the Annual Report
on Carcinogens published by the National Toxicology program, or
3.It is regulated by OSHA as a carcinogen.
DEVICE. Device is, for the purpose of Exhibit "A", an appliance or piece of equipment that
plays an active part in the proper functioning of the regulated systems. Examples include, but are
not limited to the following: smoke detectors, heat detectors, flame detectors, manual pull stations,
horns, alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control panels,
transponders, and other such equipment used to detect, transmit, initiate, annunciate, alarm, or
respond according to the system design criteria.
OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target
organs of the body, including but not limited to, those materials which produce liver damage,
kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function,
deprive the body tissue of oxygen or affect reproductive capabilities, including mutations
(chromosomal damage) or teratogens (effect on fetuses).
SENSITIZER is a chemical that causes a substantial proportion of exposed people or animals
to develop an allergic reaction in normal tissue after repeated exposure to the chemical.
WORKSTATION is a defined space or independent principal piece of equipment using
hazardous materials where a specific function, laboratory procedure or research activity occurs.
Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or
gas cabinets serving a workstation are included as part of the workstation. A workstation is
allowed to contain ventilation equipment, fire protection devices, electrical devices, and other
processing and scientific equipment.
Amend Section 16.40.080 to read:
16.40.080 General Precautions Against Fire.
VACANT PREMISES
The following sections are deleted:
Delete Section:311.5Placards.
Delete Section:311.5.1 Placard Location.
Delete Section:311.5.2 Placard Size And Color.
Delete Section:311.5.3 Placard Date.
Delete Section:311.5.4 Placard Symbols
Delete Section:311.5.5 informational Use
HAZARDS TO FIRE FIGHTERS
Add Section 316.6 to read:
316.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail
shall not be less than 42 inches in height above the adjacent roof surface that can be walked on.
Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass
through.
Exception:
Where the roof opening is greater than 600 square feet in area.
Amend Section 16.40.090 to read:
16.40.090 Emergency Planning and Preparedness.
Amend Section 404.2 as follows:
404.2 Where Required. An approved fire safety and evacuation plan shall be prepared and
maintained for the following occupancies and buildings.
1.Group A buildings having an occupant load of 100 or more persons.
2.Group B buildings having an occupant load of 500 or more.
3.Group E: See §3.13 Title 19, CCR for regulations.
4.Group H.
5.Group I. See §3.09 Title 19, CCR for regulations.
6.Group R-1. See §3.09 Title 19, CCR for regulations.
7.Group R-2 college and university buildings.
8. Group R-4.
8 9.Group M buildings having an occupant load of 500 or more persons.
9. 10.Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
10. 11. Underground buildings.
Amend Section 404.3.1 as follows:
404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to be
complete or, where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required, sounds and looks like (audible and visual
warning devices).
3. Procedures for employees who must remain to operate critical equipment before
evacuating.
4. Procedures for accounting for employees and occupants after evacuation has been
completed.
5. Identification and assignment of personnel responsible for rescue or emergency medical
aid.
6. The preferred and any alternative means of notifying occupants of a fire or emergency.
7. The preferred and any alternative means of reporting fires and other emergencies to the
fire department or designated emergency response organization.
8. Identification and assignment of personnel who can be contacted for further information
or explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
Amend Table 405.2 as follows:
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR
FREQUENCY PARTICIPATION
OCCUPANCY
Group AQuarterlyEmployees
a
Group BAnnuallyEmployees
Group ESee §3.13 Title 19, CCR
Group ISee §3.13 Title 19, CCR
Group R-1See §3.13 Title 19, CCR
b
Group R-2Four annuallyAll occupants
c
High-rise buildingsSee Title 19, Cal. Code Regs. §3.09
a. Group B buildings having an occupant load of 500 or more persons.
b. Applicable to Group R-2 college and university buildings only
c. Applicable to high-rise office buildings only.
Amend Section 16.40.100 to read:
16.40.100 Use and Occupancy – Related Requirements.
Section 408.2.2 is deleted:
Section 408.3.1 is deleted:
Section 408.3.2 is deleted:
Section 408.3.3 is deleted:
Section 408.3.4 is deleted:
Section 408.5.1 is deleted:
Section 408.5.2 is deleted:
Section 408.5.3 is deleted:
Section 408.5.4 is deleted:
Section 408.5.5 is deleted:
Section 408.6 is deleted:
Section 408.6.1 is deleted:
Section 408.6.2 is deleted:
Section 408.7 is deleted:
Section 408.7.1 is deleted:
Section 408.7.2 is deleted:
Section 408.7.3 is deleted:
Section 408.7.4 is deleted:
Section 408.8 is deleted:
Section 408.8.1 is deleted:
Section 408.8.2 is deleted:
Section 408.8.3 is deleted:
Amend Section 408.9 to read:
408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements
of Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and
university buildings shall comply with the requirements of Sections 408.9.1 through 408.9.6 and
Sections 401 through 406.
Add Section 408.9.4 to read:
408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each
school year shall be conducted within 10 days of the beginning of classes.
Add Section 408.9.5 to read:
408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hours of
the day or evening, during the changing of classes, when the school is at assembly, during the
recess or gymnastic periods, or during other times to avoid distinction between drills and actual
fires. In Group R2 college and university buildings, one required drill shall be held during hours
after sunset or before sunrise.
Section 408.10 is deleted:
Section 408.10.1 is deleted:
Section 408.10.2 is deleted:
Section 408.10.3 is deleted:
Section 408.10.4 is deleted:
Section 408.10.5 is deleted:
Amend Section 408.11.1.2 to read:
408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to
keep them current.
16.40.110 FIRE SERVICE FEATURES
Amend Section 16.40.120 to read:
16.40.120 Fire Apparatus Access Roads.
Amend Section 503.1 as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access road
Standards.
Amend Section 503.1.1 as follows:
503.1.1 Building and Facilities. Approved 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. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720 mm) of all portions of the exterior walls of the first
story of the building as measured by an approved route around the exterior of the building or
facility.
Exception:
1. When the building is equipped throughout with an approved automatic sprinkler installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the dimension may be increased
to 300 feet.
2. When fire apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means of fire
protection shall be provided.
Amend Section 503.2.1 as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6,
and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception:
When there are not more than two Group R, Division 3, or Group U occupancies, the access road
width may be modified by the fire code official.
Add Section 503.7 as follows:
503.7 Traffic Calming Devices. Traffic Calming Devices such as speed humps, traffic
circles or other physical measures intended to control vehicle speed on fire apparatus access
roads are prohibited unless approved by the fire code official.
Amend Section 16.40.130 to read:
16.40.130 Access to Buildings and Roofs.
Add Section 504.4 to read:
504.4 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to the building, are installed, such devices shall be approved by the fire code
official. All electrically powered access control devices shall be provided with an approved
means for deactivation or unlocking from a single location or otherwise approved by the fire
department.
Access control devices shall also comply with Chapter 10 Egress.
16.40.140 HAZARDS TO FIREFIGHTERS
Add Section 507.4 to read:
507.4 Roof Guardrails At Interior Courts.Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail
shall not be less than 42 inches in height above the adjacent roof surface that can be walked on.
Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass
through.
Exception: Where the roof opening is greater than 600 square feet in area.
16.40.150 Emergency Responder Radio Coverage.
Add Section 511.1 to read:
511.1 Emergency Communication Systems.In new buildings, or buildings expanded by
more than 20%, or buildings in which a change in occupancy classification occurs where
adequate interior emergency radio communication is not possible, a system or equipment that
will provide emergency radio coverage acceptable to the fire code official shall be installed.
Amend Section 510.1 to read follows:
510.1 Emergency responder radio coverage in buildings. All buildings shall have approved
radio coverage for emergency responders within the building based upon the existing coverage
levels of the public safety communications system of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public safety
communications system. Emergency responder radio coverage systems shall be installed in
accordance with Section 510 and Appendix J.
Add Section 510.1.1 as follows:
510.1.1 Obstruction by new buildings. When in the opinion of the fire code official, a new
structure obstructs the line of sight emergency radio communications to existing buildings or to
any other locations, the developer of the structure shall provide and install the radio
retransmission equipment necessary to restore communications capabilities. The equipment shall
be located in an approved space or area within the new structure.
16.40.160 BUILDING SERVICE AND FEATURES
Delete Section 16.40.170 in its entirety.
Keep Section 16.40.180 to read (unchanged).
16.40.180 Electrical Equipment, Wiring and Hazards.
Add Section 605.11 to read:
605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats
and similar operations shall be provided with approved over-temperature controls and low liquid
level electrical disconnects. Manual reset of required protection devices shall be provided.
Amend Section 16.40.190 to read:
16.40.190 Stationary Storage Battery Systems.
Add Section 608.6.3
608.6.4 to read:
608.6.3 608.6.4 Failure of Ventilation System. Failure of the ventilation system shall
automatically disengage the charging system.
Add Section 16.40.195 to read:
16.40.195 Decorative Vegetation in New and Existing Buildings.
Amend Section 806.1.1 as follows:
806.1.1 Display inside buildings. The display of Christmas trees and other decorative
vegetation in new and existing buildings shall be in accordance with the California Code of
Regulations, Title 19, Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions: Deleted
16.40.200 FIRE PROTECTION SYSTEMS
Amend Section 16.40.210 to read:
16.40.210 Automatic Sprinkler Systems.
Amend Section 903.2 to read:
903.2 Where Required.Approved automatic sprinkler systems in new buildings and
structures and in existing modified buildings and structures, shall be provided in the locations
described in this section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive:
1.An automatic sprinkler system shall be provided throughout all new buildings that have a
gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height.
2.An automatic sprinkler system shall be provided throughout all existing buildings when
modifications are made that increases the gross floor area to more than 3,600 square feet or
increases the number of stories to three (3) or more.
Exception:One-time additions to existing buildings made after 01/01/2008that do not
exceed 500 square feet in gross floor area.
3.An automatic sprinkler system shall be provided throughout all new buildings located in the
designated Wildland-Urban Interface areas.
Exception:Any non-habitable structures accessory to single family residences that have a
gross floor area of 500 square feet or less.
4.An automatic sprinkler system shall be provided throughout all existing buildings located in
the designated Wildland-Urban Interface areas when modifications are made that increases
the gross floor area.
Exception:One-time additions to existing buildings made after 01/01/2008 that do not
exceed 500 square feet in gross floor area.
Delete Exception #1 to 903.2
Amend section 903.3 as follows:
903.3 Installation requirements.Automatic sprinkler systems shall be designed and
installed in accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards.
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings
and structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or penetrations.
1.An automatic sprinkler system shall be provided throughout all new buildings and structures.
Exception:
1.Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed
1,000 square feet of building area and that are not located in the Wildland-Urban
Interface Fire Area.
2.Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that are located in
the Wildland-Urban Interface Fire Area and do not exceed 500 square feet of building
area.
2.An automatic sprinkler system shall be provided throughout existing buildings and structures
when alterations or additions are made that create conditions described in Sections 903.2.1
through 903.2.18.
3.An automatic sprinkler system shall be provided throughout existing buildings and structures,
when additions are made that increase the building area to more than 3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011 that does not total more than
1000 square feet of building area.
4.An automatic sprinkler system shall be provided throughout all new basements regardless of
size and throughout existing basements that are expanded by more than 50%.
Amend Section 903.3.1.1 to read:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, sprinklers shall be installed throughout in accordance with NFPA
13 except as provided in Section 903.3.1.1.1 and local standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design density
shall be Ordinary Hazard Group 2.
Amend Section 903.3.1.2 to read:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height , automatic sprinkler systems shall be installed throughout in
accordance with NFPA 13R and local standards.
Amend Section 903.3.1.3 to read:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family dwellings and townhouses shall be installed throughout in
accordance with NFPA 13D and local standards.
Amend Section 912.2 to read:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that fire apparatus and hose connected to supply the
system will not obstruct access to the building for other fire apparatus. The location of fire
department connections shall be approved by the fire code official.
16.40.220 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
Add Section 16.40.225 to read:
16.40.225 Precautions Against Fire.
Add Section 1404.8 to read:
1404.8 Fire Walls. When firewalls are required, the wall construction shall be completed
(with all openings protected) immediately after the building is sufficiently weather-protected at
the location of the wall(s).
Amend Section 16.40.230 to read:
16.40.230 Section 1411: Means of Egress.
Amend Section 1411.1 as follows:
1411.1 Stairways Required. Each level above the first story in new multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after the floor
decking is installed. The stairways shall be continuous and discharge to grade level. Stairways
serving more than two floor levels shall be enclosed (with openings adequately protected) after
exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall
be lighted and maintained clear of debris and construction materials at all times.
Exception:
For new multi-story buildings, one of the required exit stairs may be obstructed on not more than
two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum
board, painting, flooring, etc.).
Add Section 1411.1.1 to read:
Section 1411.1.1 Required Means Of Egress. All new buildings under construction shall
have at least one unobstructed means of egress. All means of egress shall be identified in the Fire
Protection prefire plan. See Section 1408.2.
16.40.240 SEMICONDUCTOR FABRICATION FACILITIES
Keep Section 16.40.250 to read (unchanged):
16.40.250 Definitions.
Amend the following definition to read:
CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system where
the analytical instrument is maintained in continuous operation and sampling is performed
without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to
exceed 30 minutes. In occupied areas where air is re-circulated and not exhausted to a treatment
system (e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5
minutes. The gas detection system shall be able to detect the presence of a gas at or below the
permissible exposure limit in occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no
established IDLH) in unoccupiable areas.
Delete Definition: Workstation.
Add Title (underlined)
LUMBER YARDS AND WOOD WORKING FACILITIES
Keep Section 16.40.260 to read (unchanged):
16.40.260 Storage of Wood Chips and Hogged Material Associated with Timber and
Lumber Production Facilities.
Add Section 1907.6 to read:
1907.6 Fire Protection Water Supply System. An approved fire protection water supply
and hydrant system suitable for the fire hazard involved shall be provided for open storage yards
and processing areas. Hydrant systems shall be installed in accordance with NFPA 24.
Keep Section 16.40.270 to read (unchanged):
16.40.270 Storage and Processing of Wood Chips, Hogged Materials, Fines, Compost and
Raw Product Associated with Yard Waste and Recycling Facilities.
Add Section 1908.11 to read:
1908.11 Fire Protection Water Supply System. An approved fire protection water supply
and hydrant system suitable for the fire hazard involved shall be provided for open storage yards
and processing areas. Hydrant systems shall be installed in accordance with NFPA 24.
Delete Section 16.40.280 in its entirety:
16.40.290 HAZARDOUS MATERIALS
Keep Section 16.40.300 to read (unchanged):
16.40.300 General.
Amend Section 2701.2.2.2 to read:
2701.2.2.2 Health Hazards The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose a
physical hazard.
1.Highly toxic, toxic and moderately toxic.
2.Corrosive materials.
3.Other health hazards including carcinogens, irritants and sensitizers.
Keep Section 16.40.310 to read (unchanged):
16.40.310 Definitions.
Amend the following definition to read:
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely containing
the material, without discharge, for a period of time reasonably necessary to ensure detection and
remedy of the primary containment failure.
Amend Section 16.40.310 to read:
16.40.320 General Requirements.
Add Section 2703.1.3.1 to read:
2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases And Similarly Used Or
Handled Materials. The storage, use and handling oftoxic, highly toxic and moderately toxic
gases in amounts exceeding Table 3704.2 or 3704.3 shall be in accordance with this chapter and
Chapter 37. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas
or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic
gases.
Add Section 2703.1.5 to read:
2703.1.5 Secondary Containment Requirements. A containment system shall be required
for all hazardous materials, which are liquids or solids at normal temperature, and pressure
(NTP) where a spill is determined to be a plausible event and where such an event would
endanger, people, property or the environment. Construction shall be substantial, capable of
safely and securely containing a sudden release without discharge. Design criteria shall be
performance oriented and constructed of physically and chemically compatible materials to resist
degradation and provide structural and functional integrity for a period of time reasonably
necessary to ensure detection, mitigation, and repair of the primary system.Monitoring of
secondary containment shall be accordance with Section 2704.2.2.5.
2703.1.5 Other Health Hazards Including Carcinogens, Irritants and Sensitizers. The
storage, use and handling ofmaterials classified as other health hazards including carcinogens,
irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and
5,000 pounds for solids shall be in accordance with this Section 2703.
Add Section 2703.1.6 to read:
2703.1.6 Secondary Containment Requirements. A containment system shall be required
for all hazardous materials, which are liquids or solids at normal temperature, and pressure
(NTP) where a spill is determined to be a plausible event and where such an event would
endanger people, property or the environment. Construction shall be substantial, capable of
safely and securely containing a sudden release without discharge. Design criteria shall be
performance oriented and constructed of physically and chemically compatible materials to resist
degradation and provide structural and functional integrity for a period of time reasonably
necessary to ensure detection, mitigation, and repair of the primary system. Regardless of
quantities, secondary containment for outdoor storage areas shall also comply with Section
2704.2.2.4. Monitoring of secondary containment shall be accordance with Section 2704.2.2.5.
Amend Sec. 2703.2.2.1 to read:
2703.2.2.1 Design And Construction. Piping, tubing, valves, fittings and related components
used for hazardous materials shall be in accordance with the following:
1.Piping, tubing, valves, fittings and related components shall be designed and fabricated from
materials compatible with the material to be contained and shall be of adequate strength and
durability to withstand the pressure, structural and seismic stress, and exposure to which they
are subject.
2.Piping and tubing shall be identified in accordance with ASME A13.1 and Santa Clara
County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and
Hazardous Waste to indicate the material conveyed.
3.Readily accessible manual valves or automatic remotely activated fail-safe emergency
shutoff valves shall be installed on supply piping and tubing at the following locations:
1.The point of use.
2.The tank, cylinder or bulk use.
4.Manual emergency shutoff valves and controls for remotely activated emergency shutoff
valves shall be identified and the location shall be clearly visible accessible and indicated by
means of a sign.
5.Backflow prevention or check valves shall be provided when the backflow of hazardous
materials could create a hazardous condition or cause the unauthorized discharge of
hazardous materials.
6.Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square
inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff and
excess flow control shall be provided. Where the piping originates from within a hazardous
material storage room or area, the excess flow control shall be located within the storage
room or area. Where the piping originates from a bulk source, the excess flow control shall
be located as close to the bulk source as practical.
Exception:
1.Piping for inlet connections designed to prevent backflow.
2.Piping for pressure relief devices.
7.Secondary containment or equivalent protection from spills shall be provided for piping for
liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold
quantities listed in Tables 3704.2 and 3704.3. Secondary containment includes, but is not
limited to double walled piping.
Exception:
1.Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2.Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-
safe-to-close valve activated by a loss of vacuum.
8.Expansion chambers shall be provided between valves whenever the regulated gas may be
subjected to thermal expansion. Chambers shall be sized to provide protection for piping and
instrumentation and to accommodate the expansion of regulated materials.
Amend Section 2703.2.2.2 to read:
2703.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply
piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in
accordance with ASME B31.3 and the following:
1.Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile
corrosive liquids and gases shall have welded or brazed connections throughout except for
connections within an exhausted enclosure if the material is a gas, or an approved method of
drainage or containment is provided for connections if the material is a liquid.
2.Piping and tubing shall not be located within corridors, within any portion of a means of
egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in
areas not classified as Group H Occupancies.
Exception:
Piping and tubing within the space defined by the walls of corridors and the floor or roof
above or in concealed space above other occupancies when installed in accordance with
Section 415.8.6.3 of the California Building Code as required for Group H, Division 5
Occupancies.
3.All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak
test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance
with an approved, nationally recognized standard. Tests shall be conducted by a qualified
"third party" not involved with the construction of the piping and control systems.
Amend Section 2703.3.1 as follows:
2703.3.1 Unauthorized Discharges. When hazardous materials are released in quantities
reportable under state, federal or local regulations or when there is release or a threatened release
that presents a threat to health, property or the environment, the fire code official shall be
notified immediately in an approved mannerand the following procedures required in
accordance with Sections 2703.3.1.1 through 2703.3.1.4.
Add Sec. 2703.5.2 to read:
2703.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials
operations shall be labeled with the hazard class of the material being vented and the direction of
flow.
Add Sec. 2703.5.3 to read:
2703.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be
identified when there is any possibility of confusion with hazardous materials transport tubing or
piping. Flow direction indicators are required.
Amend Section 2703.9.8 to read:
2703.9.8 Separation of Incompatible Materials. Incompatible materials in storage and
storage of materials that are incompatible with materials in use shall be separated. When the
stored materials are in containers having a capacity of more than 5 pounds (2 kg) or 0,5 gallon (2
L), separation shall be accomplished by:
1.Segregating incompatible materials in storage by a distance of not less than 20 feet (6096
mm) and in an independent containment system.
2.Isolating incompatible materials in storage by a noncombustible partition extending not less
than 18 inches (457 mm) above and to the sides of the stored material.
3.Storing liquid and solid materials in hazardous material storage cabinets.
4.Storing compressed gases in gas cabinets or exhausted enclosures in accordance with
Sections 2703.8.5 and 2703.8.6. Materials that are incompatible shall not be stored within
the same cabinet or exhausted enclosure.
Add Sec. 2703.9.10 2703.9.11 to read:
2703.9.10 2703.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling
or Using Hazardous Materials. Combustible and non-combustible workstations, which
dispense, handle or use hazardous materials, shall be protected by an approved automatic fire
extinguishing system in accordance with Section 1803.10.
Exception:
Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI
certification where quantities of flammable liquids in use or storage within the cabinet do not
exceed 500ml.
Keep Section 16.40.330 to read (unchanged):
16.40.330 Storage.
Amend Section 2704.2.1 as follows:
2704.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used
for storage of hazardous material liquids shall be provided with spill control to prevent the flow
of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations
shall be constructed to contain a spill from the largest single vessel by one of the following
methods:
1.Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2.Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised or
recessed sills or dikes.
3.Sumps and collection systems.
4.Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid-tight seal shall be compatible with the material stored.
When liquid-tight sills or dikes are provided, they are not required at perimeter openings having
an open-grate trench across the opening that connects to an approved collection system.
Amend Section 2704.2.2 as follows:
2704.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings,
rooms or areas used for the storage of hazardous materials liquids or solids shall be provided
with secondary containment in accordance with this section.
Delete Table: 2704.2.2 REQUIRED SECONDARY CONTAINMENT FOR HAZARDOUS
MATERIAL SOLIDS AND LIQUIDS STORAGE
Keep Section 16.40.340 to read (unchanged):
16.40.340 Use, Dispensing and Handling.
Amend Sec. 2705.4.4 to read:
2705.4.4 Emergency Alarm. When hazardous materials having a hazard ranking of 3 or 4 in
accordance with NFPA 704, or toxic gases exceeding 10 cu. ft. and any amount of highly toxic
compressed gases are transported through corridors or exit enclosures, there shall be an
emergency telephone system, a local manual alarm station or an approved alarm-initiating device
at not more than 150-foot (45,720 mm) intervals and at each exit and exit-access doorway
throughout the transport route. The signal shall be relayed to an approved central, proprietary or
remote station service or constantly attended on-site location and shall also initiate a local
audible alarm.
16.40.350 CORROSIVE MATERIALS
Amend Section 16.40.360 to read:
16.40.360 Section 3102: Definitions.
Add the following definition to read:
CORROSIVE LIQUID. Corrosive liquid is a liquid which, when in contact with living tissue,
will cause destruction or irreversible alteration of such tissue by chemical action. Examples include
acidic, alkaline or caustic materials. Such material will be considered corrosive when the Ph is 2 or
less or 12.5 or more, except for foodstuffs or medicine. Included are Department of Transportation
and Title 22, California Code of Regulations, 66261.22 classed corrosives.
Amend Section 16.40.370 as follows:
16.40.370 Explosives and Fireworks.
Amend Section 3301.1 to read:
3301.1 Scope. For explosives requirements see Title 19 California Code of Regulations, Title
19, Division 1, Chapter 10 and Section 3301.1.1 3301.2 of this Chapter. For fireworks
requirements see Title 19 California Code of Regulations, Title 19, Division 1, Chapter 6 and
Section 3301.1.2 3301.3 of this Chapter. For small arms ammunition, see Section 3301.5 of this
chapter.
Exception:
1.The armed Forces of the United States, Coast Guard or National Guard.
2.Explosives in forms prescribed by the official United States Pharmacopoeia.
3.The possession, storage and use of small arms ammunition when packaged in accordance with
DOTn packaging requirements.
4.3. The use of explosive materials by federal, state and local regulatory, law enforcement and
fire agencies acting in their official capacities.
4. Items preempted by federal regulations.
Add Section 3301.1.1 to read:
3301.1.1. Explosives.The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
Exceptions:
1.Possession, storage, handling and use of explosives for test and research purposes is allowed
with permit and approval of the fire code official.
2.Possession, storage, handling and use of squibs, explosive nuts or bolts and similar small
quantity explosive devices is allowed with permit and approval of the fire code official.
Add Section 3301.1.2 to read:
3301.1.2 Fireworks.
The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
Exceptions:
1.Storage, handling and use of fireworks and pyrotechnic special effects outside of buildings
when used for public or proximate audience displays, motion picture, television, theatrical
and group entertainment productions when handled and used by a licensed pyrotechnic
operator in accordance with Title 19 of the California Code of Regulations and permitted in
accordance with this Chapter.
2.
Storage, handling and use of pyrotechnic special effects fireworks inside of buildings,
equipped throughout with an approved fire sprinkler system, when used for proximate
audience displays or special effects in theatrical, television, motion picture and group
entertainment productions and when handled and used by a licensed pyrotechnic operator in
accordance with Title 19 of the California Code of Regulations and permitted in accordance
with this Chapter.
Add Section 3301.1.3 to read:
3301.1.3 Model Rocketry.The storage, handling, and use of model rockets shall be in
accordance with Title 19 of the California Code of Regulations and as approved by the fire code
official.
Add Section 3301.2 is to read:
3301.2 Explosives. The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
Add Section 3301.3 is to read:
3301.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State Fire
Marshal, are prohibited.
Exception:
1. Storage, handling and use of fireworks and pyrotechnic special effects outside of buildings
when used for public or proximate audience displays, motion picture, television, theatrical
and group entertainment productions and when in accordance with Title 19 of the California
Code of Regulations.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings when
used for proximate audience displays or special effects in theatrical, television, motion
picture and group entertainment productions when in accordance with Title 19 of the
California Code of Regulations and when in buildings equipped throughout with an approved
fire sprinkler system.
Add Section 3301.4 is to read:
3301.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance
with Title 19 of the California Code of Regulations and as approved by the Fire Code Official.
Add Sections 3301.5 through 3301.5.3.2.3 to read:
3301.5 Small Arms Ammunition-General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 3301.5.1 through
3301.5.4.2.3.
3301.5.1 Packages. Smokeless propellants shall be stored in approved shipping containers
conforming to DOTn 49 CFR, Part 173.
3301.5.1.1 Repackaging. The bulk repackaging of smokeless
propellants, black powder and small arms primers shall not
be performed in retail establishments.
3301.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception:
Approved repackaging of damaged containers of smokeless propellant into containers of the
same type and size as the original container.
3301.5.2 Storage in Group R occupancies. The storage of small arms ammunition in Group
R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
3301.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in
quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies
where kept in original containers. Smokeless powder in quantities exceeding 20 pounds (9 kg)
but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3 occupancies where
kept in a wooden box or cabinet having walls of at least 1 inch (25 mm) nominal thickness.
3301.5.2.2 Black powder. Black powder intended for personal use in quantities not
exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept in
original containers and stored in a wooden box or cabinet having walls of at least 1 inch (25 mm)
nominal thickness
3301.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be stored in
Group R-3 occupancies.
3301.5.3 Display and storage in Group M occupancies. The display and storage of small
arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.1 through
3301.5.3.2.3.
3301.5.3.1 Display. The display of small arms ammunition in Group M occupancies shall
comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
3301.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless
propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be displayed in
Group M occupancies.
3301.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be
displayed in Group M occupancies.
3301.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be
displayed in Group M occupancies.
3301.5.3.2 Storage. The storageof small arms ammunition in Group M occupancies shall
comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3.
3301.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless propellants
not on display shall not exceed 100 pounds (45 kg). Quantities exceeding 20 pounds (9 kg), but
not exceeding 100 pounds (45 kg) shall be stored in portable wooden boxes having walls of at
least 1 inch (25 mm) nominal thickness.
3301.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall not
exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine. When black powder
and smokeless propellants are stored together in the same magazine, the total quantity shall not
exceed that permitted for black powder.
3301.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on display
shall not exceed 750,000. Storage shall be arranged such that not more than 100,000 small arms
primers are stored in any one pile and piles are at least 15 feet (4572 mm) apart.
16.40.380 FLAMMABLE AND COMBUSTIBLE LIQUIDS
Amend Section 16.40.390 as follows:
16.40.390 Storage.
Amend section 3404.2.7.5.8 to read:
3404.2.7.5.8Overfill Prevention. An approved means or method in accordance with Section
3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 or
3406.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception Deleted
Add section 3404.2.7.5.9 to read:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire code
official, that sends an alarm signal to a constantly attended location and immediately stops the
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and
records of such testing shall be maintained on-site for a period of five (5) years.
16.40.400 HIGHLY TOXIC AND TOXIC MATERIALS
Keep Section 16.40.410 to read (unchanged):
16.40.410 General.
Add Sec. 3701.3 to read:
3701.3 Moderately Toxic Gases With a LC50 Equal To Or Less Than 3000 Parts Per
Million. Notwithstanding the hazard class definition in Section 3702, moderately toxic gases
with an LC50 less than 3000 parts per million shall additionally comply with the requirements
for toxic gases in Section 3704 of this code.
Amend Section 16.40.420 as follows:
16.40.420 Definitions.
The following definitions are added to read:
MODERATELY TOXIC GAS. Moderately toxic gas is a chemical or substance that has a
median lethal concentration (LC50) in air more than 2000 parts per million but not more than
5000 parts per million by volume of gas or vapor, when administered by continuous inhalation
for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300
grams each.
MAXIMUM THRESHOLD QUANTITY (MAX TQ).Maximum Threshold Quantity (Max
TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single
vessel before a more stringent category of regulation is applied. The following equation shall be
used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
Gas Mixtures, the LC50 value for a gas mixture containing toxic, highly toxic or moderately
toxic components shall be calculated using the formula in Appendix E, Section 103.1.3.1.
Amend Sec. 3704 to read:
For gas mixtures containing one or more toxic, highly toxic or moderately toxic components,
the LC50 shall be calculated using CGA Standards P-20 and P-23 as referenced in Appendix E,
Section 103.1.3.1.
Amend Sec. 16.40.430 to read:
16.40.430 Highly Toxic, Toxic and Moderately Toxic Compressed Gases including those
used as Refrigerants.
Add Sec. 3704.1.4 to read:
3704.1.4Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail-safe to
close design, shall be provided to shut off the supply of highly toxic gases for any of the
following:
1.Activation of a manual fire alarm system.
2.Activation of the gas detection system.
3.Failure of emergency power.
4.Failure of primary containment.
5.Seismic activity.
6.Failure of required ventilation.
7.Manual activation at an approved remote location.
Add Sec. 3704.1.5 to read:
3704.1.5 Emergency Control Station. Signals from emergency equipment used for highly
toxic gases shall be transmitted to an emergency control station or other approved monitoring
station, which is continually staffed by trained personnel.
Add Sec. 3704.1.6 to read:
3704.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding
the maximum threshold quantity in a single vessel per control area or outdoor control area shall
comply with the additional requirements for highly toxic gases of Section 3704 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum threshold
quantity. in a single vessel per control area or outdoor control area shall comply with the
additional requirements for toxic gases of Section 3704 of this code
Add Section 3704.1.7 to read:
3704.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles
containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be
equipped with a reduced flow valve when available. If a reduced flow valve is not available, the
container shall be used with a flow-limiting device. All flow limiting devices shall be part of the
valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as
possible to the cylinder source.
Add Section 3704.1.8 to read:
3704.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in
good working condition and tested not less frequently than annually. Maintenance and testing
shall be performed by persons qualified to perform the maintenance and tests. Maintenance
records and certifications shall be available to any representative of the Fire Department for
inspection upon request.
Add Section 3704.1.9 to read:
3704.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and
use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler
system in accordance with NFPA 13. The design of the sprinkler system for any room or area
where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in
accordance with Section 2704.5.
Add Section 3704.1.10 to read:
3704.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations near
the point of use and near the source, as approved by the fire code official.The fire code official
may require additional controls at other places, including, but not limited to, the entry to the
building, storage or use areas, and emergency control stations.
Manual activated shut-off valves shall be of a fail-safe-to-close design.
Add Section 3704.1.11 to read:
3704.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases
exceeding threshold quantities, a continuous monitoring system shall be provided to assure that
the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local
alarm. The alarm shall be both visual and audible and shall be designed to provide warning both
inside and outside of the interior storage, use, or handling area.
Add Section 3704.1.12 to read:
3704.1.12 Emergency Response Plan. If the preparation of an emergency response plan for
the facility is not required by any other law, responsible persons shall prepare, or cause to be
prepared, and filed with the fire code official, a written emergency response plan. If the
preparation of an emergency response plan is required by other law, a responsible person shall
file a copy of the plan with the Fire Chief.
Add Section 3704.1.13 to read:
3704.1.13 Emergency Response Team. Responsible persons shall be designated the on-site
emergency response team and trained to be liaison personnel for the Fire Department. These
persons shall aid the Fire Department in preplanning emergency responses, identifying locations
where regulated materials are stored, handled and used, and be familiar with the chemical nature
of such material. An adequate number of personnel for each work shift shall be designated.
Add Section 3704.1.14 to read:
3704.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall
be conducted on a regular basis but not less than once every three months. Records of drills
conducted shall be maintained.
Add section 3704.1.15 to read:
3704.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon
delivery and again immediately prior to departure. Testing shall be approved by the fire code
official in accordance with appropriate nationally recognized industry standards and practices, if
any. Appropriate remedial action shall be immediately undertaken when leaks are detected
Add Sec. 3704.1.16to read:
3704.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas
purge systems. A dedicated inert gas purge system may be used to purge more than one gas,
provided the gases are compatible. Purge gas systems inside buildings shall be located in an
approved gas cabinet unless the system operates by vacuum demand.
Add Sec. 3704.1.17 to read:
3704.1.17Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe
to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately
toxic gases with an LC less than 3000 parts per million upon a seismic event within 5 seconds
50
2
of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec
) and a
period of 0.4 seconds.
Amend Section 3704.2 to read:
3704.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 3704.2.1 through
3704.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately toxic gases for
indoor storage and use are set forth in Table 3704.2.
Add Table 3704.2 to read:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic 0
Toxic10 cubic feet
Moderately Toxic 20 cubic feet
Amend Section 3704.2.1 to read:
3704.2.1 Applicability. The applicability of regulations governing the indoor storage and use
of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections
3704.2.1.1 through 3704.2.1.3.
Amend Sec. 3704.2.1.1 to read:
3704.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control
Area.The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts
exceeding the maximum allowable quantity per control area set forth in Table 3704.2 shall be in
accordance with Sections 2701, 2703, 3701, and 3704.1 and 3704.2,
Amend Sec. 3704.2.2 to read:
3704.2.2 General Indoor Requirements. The general requirements applicable to the indoor
storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections
3704.2.2.1 through 3704.2.2.10.3.
Moderately toxic gases with an LC less than 3000 parts per million shall comply with the
50
requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.10.3
All other moderately toxic gases exceeding the threshold quantity shall comply with the
requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.7.
Amend Sec. 3704.2.2.7 to read:
3704.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted
enclosures, gas rooms and local exhaust systems required in Section 3704.2.2.4 and 3704.2.2.5
shall be directed to a treatment system. The treatment system shall be utilized to handle the
accidental release of gas and to process exhaust ventilation. The treatment system shall be
designed in accordance with Sections 3704.2.2.7.1 through 3704.2.2.7.5 and Section 505 of the
California Mechanical Code.
Exception:
1.Highly toxic, toxic and moderately toxic gases storage. A treatment system is not required
for cylinders, containers and tanks in storage when all of the following are provided:
1.1.Valve outlets are equipped with gas-tight outlet plug or caps.
1.2.Hand wheel-operated valves have handles secured to prevent movement.
1.3.Approved containment vessels or containment systems are provided in accordance with
Section 3704.2.2.3.
Amend 3704.2.2.10.1 to read:
3704.2.2.10.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to a constantly attended control station when a short-term hazard condition is detected.
The alarm shall be both visual and audible and shall provide warning both inside and outside the
area where the gas is detected. The audible alarm shall be distinct from all other alarms.
Exception Deleted
Amend Section 3704.3 to read:
3704.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 3704.3.1 through
3704.3.4. The threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor
storage and use are set forth in Table 3704.3.
Add Table 3704.3 to read:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Outdoor Storage and Use
Highly Toxic 0
Toxic10 cubic feet
Moderately Toxic 20 cubic feet
Amend Section 3704.3.1 to read:
3704.3.1 Applicability. The applicability of regulations governing the outdoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections
3704.3.1.1 through 3704.3.1.3.
Amend Section 3704.3.1.1
3704.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control
Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the
threshold quantity per control area set forth in Table 3704.3 shall be in accordance with Sections
2701, 2703, 3701, 3704.1, and 3704.3.
Moderately toxic gases with an LC50 less than 3000 parts per million in amounts exceeding
the threshold quantity in Table 3704.3 shall comply with the requirements for toxic gases in
Sections 2701, 2703, 3701, 3704.1 and 3704.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 3704.3 shall
comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1 and
3704.3.2.1 through 3704.3.2.5.
Amend Section 3704.3.3 to read:
3704.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders.
Weather protection in accordance with Section 2704.13 and this section shall be provided for
portable tanks and cylinders located outdoors and not within gas cabinets or exhausted
enclosures. The storage area shall be equipped with an approved automatic sprinkler system in
accordance with Section 2704.5.
Exceptions Deleted
Add Section 16.40.440 as follows:
16.40.440 Use.
Add Section 4105.3.1 to read:
4105.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall
automatically shut down at the source upon activation of the gas detection system at levels above
the alarm level and/or failure of the ventilation system for the silane distribution system.
Amend Section 16.40.460 as follows:
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Amend Section 4902 as follows:
16.40.460 Definitions.
Amend definition of Wildland-Urban Interface Fire Area as follows:
Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “Fire
Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through
4204 and Government Code Sections 51175 through 51189, or other areas designated by the
enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable
referenced sections of the Government Code and the Public Resources Code. The Wildland-
Urban Interface Fire Area shall be defined as all areas within the City of Cupertino as set forth
and delineated on the map entitled "Wildland-Urban Interface Fire Area” which map and all
notations, references, data and other information shown thereon are hereby adopted and made a
part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of
the City of Cupertino.
Relocate Section 16.40.470 to Section 16.40.485:
Add Section 16.40.475 as follows:
HAZARDOUS VEGETATION AND FUEL MANAGEMENT
16.40.475 Application.
Amend Section 4906.2 to read:
4906.2 Application. Buildings and structures located in the following areas shall maintain the
required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban
Intereface Fire Area by the City of Cupertino.
Amend Section 16.40.480 as follows:
16.40.480 Defensible Space.
Add Section 4707.1 to read:
4707.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or
structures in, upon or adjoining the Wildland-Urban Interface Fire Area and persons owning,
leasing or controlling land adjacent to such buildings or structures, shall at all times:
Amend Section 4907.1 to read:
4907.1 General. Defensible space will be maintained around all buildings and structures in
Sate Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe
Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 – 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings
or structures, shall at all times:
1.Maintain an effective defensible space by removing and clearing away flammable vegetation
and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures.
Exception:
Single specimens of trees, ornamental shrubbery or similar plants used as ground covers,
provided that they do not form a means of rapidly transmitting fire from the native growth to
any structure.
2.Maintain additional effective defensible space by removing brush, flammable vegetation and
combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by
the fire code official due to steepness of terrain or other conditions that would cause a
defensible space of only 30 feet (9144 mm) to be insufficient.
Exception:
Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures
and less than 18 inches (457 mm) in height above the ground need not be removed where
necessary to stabilize the soil and prevent erosion.
3.Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a chimney.
4.Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
Add Section 4907.2 to read:
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official
to give notice to the owner of the property upon which conditions regulated by Section 4907.1
exist to correct such conditions. If the owner fails to correct such conditions, the executive body
is authorized to cause the same to be done and make the expense of such correction a lien upon
the property where such condition exists.
Add Section 16.40.485 as follows:
16.40.485 Fire Protection Plan.
Add Section 4908 to read:
4908.1 General. When required by the code official, a fire protection plan shall be prepared.
4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition and
fire-resistance factors, fire protection systems and equipment, defensible space and vegetation
management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
Amend Section 16.40.490 as follows:
16.40.490 Access.
Add Section 4714.1 to read:
4714.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within wildland-urban interface areas shall be provided with fire apparatus
accessin accordance with this chapter.
Add Section 4714.2 to read:
4714.2 Driveways.Driveways with an all-weather surface shall be provided when any
portion of an exterior wall of the first story of a building is located more than 150 feet (45 720
mm) from a fire apparatus access road. Driveways shall provide a minimum unobstructed width
of 12 feet (3658 mm) and a minimum unobstructed height of 13 feet 6 inches (4115 mm).
Driveways in excess of 150 feet (45 720 mm) in length shall be provided with turnarounds.
Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet (6096 mm) in width
shall be provided with turnouts in addition to turnarounds. An all-weather surface shall be any
surface material acceptable to the code official.
Add Section 4909 to read:
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire
apparatus access in accordance with Chapter 5 and Section 4909.2.
4909.2 Driveways. Driveways in excess of 150 feet (45 720 mm) in length shall be provided
with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet
(6096 mm) in width shall be provided with turnouts in addition to turnarounds. An all-weather
surface shall be any surface material acceptable to the code official.
A driveway shall not serve in excess of two dwelling units.
Exception:
When such driveways meet the requirements for an access road in accordance with this chapter.
Driveway turnarounds shall be in accordance with Fire Department Standards. Driveways that
connect with a road or roads at more than one point may be considered as having a turnaround if
all changes of direction meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and
30 feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private
roads. Design loads for bridges shall be established by the code official.
Add Section 4714.3 to read:
4714.3 Fire Apparatus Access Roads.Fire apparatus access roads shall be all weather roads
with a minimum width of 20 feet (6096 mm) and a clear height of 13 feet 6 inches (4115 mm);
and shall be designed in accordance with Fire Department Standards. Dead-end roads in excess
of 150 feet (45 720 mm) in length shall be provided with turnarounds designed in accordance
with Fire Department Standards. An all-weather road surface shall be any surface material
acceptable to the code official.
Add Section 4715 to read:
Amend Section 16.40.500 as follows:
16.40.500 Water Supply.
Add Section 4715.1 to read:
4715.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within wildland-urban interface areas shall be provided with fire protection
water supplies in accordance with this chapter.
Exception: Buildings containing only private garages, carports, sheds and agricultural
buildings with a building area of not more than 500 square feet (56 m2).
Add Section 4715.2 to read:
4715.2 Water Sources.The point at which a water source is available for use shall be located
not more than 600 feet from all portions of the exterior walls of the building and be approved by
the code official. The distance shall be measured along an unobstructed line of travel.
Water sources shall have a minimum usable water volume as determined by the adequate
water supply needs in accordance with Section 4715.4. This water source shall be equipped with
an approved hydrant. The water source shall be provided and maintained by a recognized water
purveyor, mutual water company or water pumped from a well. The design, construction,
location, water level maintenance, access, and access maintenance of man-made water sources
shall be approved by the code official.
Add Section 4715.3 to read:
4715.3 Hydrants.All hydrants shall be designed and constructed in accordance with
nationally recognized standards. The location and access shall be approved by the code official.
Add Section 4715.4 to read:
4715.4 Adequate Water Supply.Adequate fire protection water supplies shall be as follows:
1.One-And Two-Family Dwellings. The required fire protection water supply for one-and
two-family dwellings shall be in accordance with Appendix B.
The water supply duration need notexceed 30 minutes.
2.Buildings Other Than One-And Two-Family Dwellings. The water supply required for
buildings other than one-and two-family dwellings shall be in accordance with Appendix B.
Exception:The water supply duration need not exceed 2 hours.
Add Section 4715.5 to read:
4715.5 Obstructions. Access to all water sources required by this code shall be unobstructed
at all times. The code official shall not be deterred or hindered from gaining immediate access to
water source equipment, fire protection equipment or hydrants.
Add Section 4715.6 to read:
4715.6 Identification.Water sources, hydrants and fire protection equipment shall be clearly
identified in a manner approved by the code official to identify location and to prevent
obstruction by parking and other obstructions.
Add Section 4715.7 to read:
4715.7 Testing And Maintenance.Water sources, hydrants and other fire protection
equipment required by this code shall be subject to periodic tests as required by the code official.
All such equipment installed under the provisions of this code shall be maintained in an
operative condition at all times and shall be repaired or replaced where defective. Additions,
repairs, alterations and servicing of such fire protection equipment and resources shall be in
accordance with approved standards.
Add Section 4715.8 to read:
4715.8 Clearance Of Fuel.Defensible space shall be provided around water tank structures,
water supply pumps and pump houses in accordance with Section 4707.
Add Section 4715.9 to read:
4715.9 Standby Power.Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide standby
power systems in accordance with the Electrical Code to ensure that an uninterrupted water
supply is maintained. The standby power source shall be capable of providing power for a
minimum of two hours.
Exceptions:
1.When approved by the code official, a standby power supply is not required where the
primary power service to the stationary water supply facility is underground.
2.A standby power supply is not required where the stationary water supply facility serves no
more than one single-family dwelling.
Add Section 4910 to read:
4910.1 General. Buildings and structures, or portions thereof, hereafter constructed or
relocated into or within the Wildland-Urban Interface Fire Area shall be provided with fire
protection water supplies in accordance with Chapter 5 and Sections 4910.2 and 4910.3.
Exception:
Buildings containing only private garages, carports, sheds and agricultural buildings with a
building area of not more than 500 square feet (56 m2).
4910.2 Clearance of Fuel. Defensible space shall be provided around water tank structures,
water supply pumps and pump houses in accordance with Section 4907.
4910.3 Standby Power. Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide standby
power systems in accordance with the Electrical Codeto ensure that an uninterrupted water
supply is maintained. The standby power source shall be capable of providing power for a
minimum of two hours.
Exception:
1. When approved by the code official, a standby power supply is not required where the
primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility serves no
more than one single-family dwelling.
Delete Section 16.40.550 in its entirety.
Amend Section 16.40.560 as follows:
16.40.560 General Requirements For Suppression and Control.
Add Section 4911 to read:
4911.1 Scope. The provisions of this chapter establish general requirements applicable to new
and existing properties located within the Wildland-Urban Interface Fire Area.
4911.2 Clearance of Brush or Vegetative Growth From Roadways. The code official is
authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus
access roads and driveways to be cleared of non-fire-resistive vegetation growth.
Exception:
Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green
grass, ivy, succulents or similar plants used as ground cover, provided they do not form a means
of readily transmitting fire.
4911.3Access Restrictions
4911.3.1 Restricted Entry To Public Lands. The code official is authorized to determine
and publicly announce when the Wildland-Urban Interface Fire Area shall be closed to entry and
when such areas shall again be opened to entry. Entry on and occupation of the Wildland-Urban
Interface Fire Area, except public roadways, inhabited areas or established trails and campsites
that have not been closed during such time when the wildland-urban interface area is closed to
entry, is prohibited.
Exception:
1. Residents and owners of private property within the Wildland-Urban Interface Fire Area and
their invitees and guests going to or being on their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized public
officers, members of a fire department and members of the Wildland Firefighting Service.
4911.3.2 Use Of Fire Roads And Defensible Space. Motorcycles, motor scooters and motor
vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or
defensible space beyond the point where travel is restricted by a cable, gate or sign, without the
permission of the property owners. Vehicles shall not be parked in a manner that obstructs the
entrance to a fire road or defensible space.
Exception:
Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto,
and other obstructions shall not be installed or maintained on fire roads or defensible spaces,
unless located 16 feet (4877 mm) or more above such fire road or defensible space.
4911.3.3 Use Of Motorcycles, Motor Scooters, Ultra light Aircraft And Motor Vehicles.
Motorcycles, motor scooters, ultra light aircraft and motor vehicles shall not be operated within
the Wildland-Urban Interface Fire Area, without a permit by the code official, except on clearly
established public or private roads. Permission from the property owner shall be presented when
requesting a permit.
4911.3.4 Tampering With Locks, Barricades, Signs And Address Markers. Locks,
barricades, seals, cables, signs and address markers installed within the Wildland-Urban
Interface Fire Area, by or under the control of the code official, shall not be tampered with,
mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the control of the code official shall not be
unlocked.
Delete Section 16.40.570 in its entirety.
Delete Section 16.40.580 in its entirety.
Delete Section 16.40.590 in its entirety.
Delete Section 16.40.600 in its entirety.
Delete Section 16.40.610 in its entirety.
Delete Section 16.40.620 in its entirety.
Delete Section 16.40.630 in its entirety.
Delete Section 16.40.640 in its entirety.
Add Section 16.40.650 as follows:
16.40.650 Ignition Source Control.
Add Section 4912 to read:
4912.1 General. Ignition sources shall be in accordance with Section 4912.
4912.2 Clearance From Ignition Sources. Clearance between ignition sources and grass,
brush or other combustible materials shall be maintained a minimum of 30 feet (9144 mm).
4912.3 Smoking. When required by the code official, signs shall be posted stating NO
SMOKING. No person shall smoke within 15 feet (4572 mm) of combustible materials or non-
fire-resistive vegetation.
Exception:
Places of habitation or in the boundaries of established smoking areas or campsites as designated
by the code official.
4912.4 Equipment And Devices Generating Heat, Sparks Or Open Flames. Equipment
and devices generating heat, sparks or open flames capable of igniting nearby combustibles shall
not be used in the Wildland-Urban Interface Fire Area without a permit from the code official.
Exception:
Use of approved equipment in habitated premises or designated campsites that are a minimum of
30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.
4912.5 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
Add Section 16.40.660 as follows:
16.40.660 Outdoor Fires.
Add Section 4913 to read:
4913.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any
purpose in or on any Wildland-Urban Interface Fire Area, except by the authority of a written
permit from the code official.
Exception:
Outdoor fires within inhabited premises or designated campsites where such fires are in a
permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet
(9144 mm) from any combustible material or non-fire-resistive vegetation.
4913.2 Permits. Permits outdoor fires shall incorporate such terms and conditions that will
reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or
maintained in Wildland Urban Interface Fire Areas under the following conditions:
1. When high winds are blowing,
2. When a person 17 years old or over is not present at all times to watch and tend such fire, or
3. When a public announcement is made that open burning is prohibited.
4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, outdoor
fireplace or grill for the disposal of rubbish, trash or combustible waste material.
4913.4 Outdoor Fireplaces, Permanent Barbecues And Grills. Outdoor fireplaces,
permanent barbecues and grills shall not be built, installed or maintained in the Wildland-Urban
Interface Fire Area without approval of the Building or Fire Code Official.
Outdoor fireplaces, permanent barbecues and grills shall be located a minimum of 30 feet
(9144 mm) from any combustible material or non-fire-resistive vegetation and shall be
maintained in good repair and in a safe condition at all times. Openings in such appliances shall
be provided with an approved spark arrestor, screen or door. For the purposes of this section,
ignition-resistant material shall not be considered to be combustible material.
Exception:
When approved by the Building or Fire Code Official, unprotected openings in barbecues and
grills necessary for proper functioning.
Add Section 16.40.670 as follows:
16.40.670 Liquified Petroleum Gas Installations.
Add Section 4914 to read:
4914.1 Vegetation Clearance around Tanks/Containers. Flammable vegetation shall be
cleared a minimum of 30 feet around liquefied petroleum gas tanks/containers.
Add Section 16.40.680 as follows:
16.40.680 Storage of Firewood and Combustible Materials.
Add Section 4915 to read:
4915.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible space shall
be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of
trees by a minimum horizontal distance of 15 feet (4572 mm).
4915.2 Storage For Off-Site Use. Firewood and combustible materials not for consumption
on the premises shall be stored as approved by the fire code official.
Add Section 16.40.690 as follows:
16.40.690 Dumping.
Add Section 4916 to read:
4916.1 Waste Material. Waste material shall not be placed, deposited or dumped in the
Wildland-Urban Interface Fire Area, or in, on or along trails, roadways or highways or against
structures in the Wildland-Urban Interface Fire Area.
Exception:
Approved public and approved private dumping areas.
4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or on
the Wildland-Urban Interface Fire Area.
Exception:
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight fitting lid, which is kept or maintained in a safe
location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures.
3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of mineral earth not
less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures.
Add Section 16.40.700 as follows:
16.40.700 Protection of Pumps and Water Storage Facilities.
Add Section 4917 to read:
4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a
minimum of 30 feet from water storage equipment and pumping facilities.
(Ord._______)
Add this Chapter in its entirety:
The provisions of the 2010 California Energy Code and each and all of the regulations,
provisions, conditions and terms of the code is referred to as if fully set forth in this chapter, and
is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
Add this Chapter in its entirety:
The provisions of the 2010 California Green Building Standards Code and each and all of the
regulations, provisions, conditions and terms of the code is referred to as if fully set forth in this
chapter, and is by such reference adopted.
One (1) copy of the code therefore is on file in the office of the Building Official pursuant to
Health and Safety Code Section 18942 (d) (1) and are made available for public inspection.
No Appendix Chapters from the 2010 California Green Building Standards Code have been
adopted.
Notwithstanding the provisions of this code, refer to the adopted City of Cupertino’s Green
Building Ordinance for additional sustainability requirements.
Add this Chapter in its entirety
Section
16.80.010 Intent
16.80.020 Application of Provisions
16.80.030 Definitions
16.80.040 Placards
This chapter establishes standard placards to be used to indicate the condition of a structure
for continued occupancy. The chapter further authorizes the Building Official and his or her
authorized representatives to post the appropriate placard at each entry point to a building or
structure upon completion of a safety assessment.
The provisions of this chapter are applicable to all buildings and structures of all occupancies
regulated by the City of Cupertino. The Council may extend the provisions as necessary.
is a visual, non-destructive examination of a building or structure for the
purpose of determining the condition for continued occupancy.
The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of actual
placards are attached in Exhibit A.
(1)is to be posted on any building or
structure wherein no apparent structural hazard has been found. This placard is not intended to
mean that there is no damage to the building or structure.
(2)is to be posted on each building or structure that has been damaged
wherein the damage has resulted in some form of restriction to the continued occupancy. The
individual who posts this placard will note in general terms the type of damage encountered and
will clearly and concisely note the restrictions on continued occupancy.
(3)is to be posted on each building or structure that has
been damaged such that continued occupancy poses a threat to life safety. Buildings or
structures posted with this placard shall not be entered under any circumstance except as
authorized in writing by the Building Official, or his or her authorized representative. Safety
assessment teams shall be authorized to enter these buildings at any time. This placard is not to
be used or considered as a demolition order. The individual who posts this placard will note in
general terms the type of damage encountered.
This ordinance number, the name of the jurisdiction, its address, and phone number shall be
permanently affixed to each placard.
Once it has been attached to a building or structure, a placard is not to be removed, altered or
covered until done so by an authorized representative of the Building Official. It shall be
unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless
authorized pursuant to this section.
INSPECTED
LAWFUL OCCUPANCY PERMITTED
RESTRICTED USE
A
EXHIBIT
UNSAFE
DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
th
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 16
day of
November, 2010, and ENACTED at a regular meeting of the City Council of the City of Cupertino the
____ day of 2010, by the following vote:
Vote:Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino