Ordinance 1088ORDINANCE N0. lOBB •
AN OI'J)INANCf: OF TIIC CITY OF CUPEP.TLNO ADDING Ci7APTI:R 16.40
TO TILE HUNICII'AL CODE BY AllOPTINC THIi "UNII'OItPI PIRIi CODE",
1979 EDITION ACID APPROPRIATE EXCEPTIONS THERETO
THE CITY COUNCIL OF TfiE CITY OF CUPERTIIIO DOFS ORDAIN AS FOLLOtJS:
There is hereby added to the Municipal Code Chapter 16.40 which is to
read as follows:
16.Ii0.O1U. Adoption
The Fire Prevention Code for the City shall be the 1977 Edition of the
Uniform Fire Code; including Appendices A, B, C, D and E only; as compiled.
and published by rile International Conference of Building Officials and the
Ile stern Fire Chiefs Association, Inc. Said Uniform Fire Code, three copies
of wliicl: have been filed for use and examination by the public in the office
of the City Cleck is hereby referred to, end, except as to omissions,
amendments and additions, hereinafter noted, is hereby adopted and made a
part hereof; tl~e same as if fully set forth in this article.
16.40.020 Sec. 2.101 ,(Amended} - Administration
The City tianager, 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 aervas the interests of the City.
Wherever the words "Chief", "Fire tlarshal", °Fire Department", "Fire
Prevention Bureau", "Fire Chief", and other such similac 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.
therever the words "municipality", "Jurisdiction", or "City" are used,
they shall mean the City of Cupertino.
t,~herever the words "Executive Body" are used, they shall mean the City.
Council of Cupertino.
411ierever the words "Administrator" or "Executive" are used, they stall
mean the City tianager of Cupertino.
I~I:erever the words "District Attorney" or "Corporation Counsel".are.uaed,
they shall mean the City Attorney of Cupertino.
l~t~erever 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.
16.40.030. Section 2.105 amended--Authority.
The Chief and his designated representatlvea shall have the powers of
peace officers in the performance of their duties under the provisions of
this Code.
16.40.040. Sr_ction 2.302 amended--Hoard of Appeals
Sec[ioq 2.302. The Puh1Lc Safety Commission of the City of Cupertino
shall serve as hoard of Appeals, provided however that the City Council
shall have the final right of decision on any matters falling within .the
provisions of this Code.
Section 2.301 (b). In order to determina the suitability of alternate
materials and type of construction and to provide for reasonable interpre-
tations of the provisions of this Code, there shall be and hereby ie
created a Board of Appeals, consisting of five members who are qualified by
experience and training to pass upon pertinent matters. The Secretary to the
i'uhlic Safety Commission shall be an ex-officio member and aliall act as
Secretary of the Roard. The Board of Appeals shall be appointed by the City
Council and shall Bold office at their pleasure. The Board shall adopt
reasonable rules and regulations for conducting its investigations and shall
render all decisions and findings in writing to the City Hanager and the
City Council with a duplicate copy to the appellant and may recommend Co the
City Council such new legislation as is consistent therewith.
16.40.050 Permits and Certificates
Section 4.101 (c) added. It shall be unlawful for any person to
conduct or maintain any business, occupancy or activity that requires a
permit by this Code without first securing the proper permit from the City.
17o person shall continue to conduct or maintain any such business, occupancy
or activity when such permit becomes invalid.
Section 4.•103 (a) amended--Application for Pezmit. All applications
for permits, except limited burning permits, shall be made to the City in
such form and detail as it may prescribe. Application for limited burning
ncrmits shall be made at the Tire Department in which the burning is to
take place.
Section 4.10E added. The City Council may (hy resolution) establish a
schedule of fees to be charged and collected by the City for the issuance
of any such permits required under the provisions of this Code and for the
clieckinr and inspecting services relative to these provisions. A copy of
such fee schedules shall be maintained in tine offico of the City Clerk and
such other locations as may be deemed necessary for public inspection.
Section 4.109 added--Permits Issued Prior to this Code. Permits issued
by the City prior to the adoption of this Code, to maintain and operate any
occupancy or use in accordance with the provisions of any ordinance hereto-
fore existing, shall remain in effect for not longer than one (1) year after
the date of adoption of this Code. Such permits shall thereafter be renewed
as required in Section 1.301 (b) of this Code.
Section 4.110 added--Permits Required
(a) A permit shall he required to install, alter or change, unless
otherwise herein noted, any fire hydrant system; fire extinguishing system;
or fire alarm system.
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(b) It r,h~Il be i~lnrrl'nl +.o operr+tc, rriin~.rtir. cr~• rur+ inst.ituLien
until nl} :ante and I~~~•al laver, and regulat,inr!s go:~rrninl; safety from f}rr.
sal panic h~'~e been snLisfnctorily complied with r+n~! a permi+. from the Chief
h:r~: been obtained for t-hrrt;n.~cuhanc,y. (For +h~ purpo ~~ of thi ; ,action, ah
in~t,ituCion sh~rll be, bur; is not limited t,o: hospital, chiirlren's home,
institution, home or institution for insane or mentally retarded persons,
home or institution for t;he rare of aged or senile persons, sanitarium,
nursing or convalescent home, certified family care homes, out-of-home place-
ment: facilities, halfway house, and day care mtrseries or similar facility
of any capacity.)
Sec+.ion t+.10 added-Posting and Inspection: );very permit shall be posted
on the nremisen or shall be kept on file on the premises so as to be readily
available for inspection. "To portion of any equipment intended to be
covered by earth or by enclosure within permanent portions of a building or
structr+re shall be enclosed until inspected and approved. An inspection
shall be requested prior to covering or enclosing of any such equipment.
Such request shall be made not less than twenty-four (2h) hours prior to the
estimated time of inspection, sad in no case, later than 4:00 p.m. on the
last working day prior to the requested date of inspecton. Such installation
shall not be covered until after it has been inspected and signed by an
authorized 'person.
When the construction or installation work is completed and the appliance,
device, equipment or system is ready for operation or use, but before being
operated or used, a final inspection shall be requested. Such request shall
be made in the same manner as set forth above. lip such appliance, device
or equipment shall be used or operated until the installation has been approved
by the authorized person making the f1na1 inspection. No such appliance,
device, equipment or system shall be used until final acceptance has been
prnnted by the Chief.
Section 4.11 added--Authority to Require Exposure or to Stop Y1ork:
k'henever any installation is covered or concealed without first having been
inspected, the Chief may require, by written notice, that such work shall be
exposed for inspection. The work of exposing and recovering shall not entail.
any expense to the public entity. Whenever any construction or installation
work i.^. being performed in violation of the plans and specifications as
approved by the Chief, n written notice shall be issued to the responsible
party to stop work on that portion of the work which is in violation. The
notice shall state the nature of the violation, .and no work shall be done on
that portion until the violation ahs been corrected.
Section 4.12 added--Sale or Delivery Without Permit: No person shall
sell, deliver or cause to be delivered, any commodity to any person not in
possession of a valid permit when such permit is required by the provisions
of this Code.
Section 10.207(f) added--Dead-end access roadways shall be provided with
turnarounds as required by the Chief and the Administrative body.
Section 10.207(8) added--Gates or other obstructions shall not 6e placed
across access rondwnvs unless of a design approved by the Chief. Application
for the installation of .gates or obstructions shall be made in writing and
accompanied by plans and specifications detailing the proposed installation.
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Se,•t.ion 1D.?09 addc•l--F;very high-rise hui.ldin}~, everyy building containing
cac or more elevat,n•s, or every building pr~•sent.ing difficult fire-fit;ht.ing
inr,ress as d~:t^rmined b,y the rlhicf shall install an approved lock box to be
located as directed by the Chief. Lock box shall contain:
(1) Kcya to locked points of ingress whether on the interior or exterior
of such building.
(2) Keya to locked mechanical equipment rooms.
(3) Keys to locked electrical panel rooms.
(4) Keys to elevator controls.
(5) Keys to other areas as directed by the Chief.
(6) Written instructions on equipment shutdown as directed by the Chief.
EXCEPTION: Buildings staffed by approved maintenance personnel 24-hours
daily.
16.40.060. Exits
Section 1?..113(c) amended--Illtunination of Signs: Exit signs serving
an occupant load of one hundred (100) or more persons shall be lighted with
two(2) .electric lamps of not less than fifteen (15) watts, each supplied
by two (2) separate sources.
16.40.070, F_xpolsives and BlaatinR Asents
Section 77.104(x) (7) added--Permits Required: To manufacture. possess,.
afore, sell or otherwise dispose of gunpowder when in quantities of over
twenty (20) pounds of smokeless powder or one (1) pound of black sporting
powder.
16.40.080. Fire Protection
Section 10.301(f) added--Adequate Water Supply: Compliance with the
publication "Guide for Determination of Required Fire Flow," as published by
the Insurance Services Office, shall be deemed adequate, except for the
following:
(1) Where water supplies available for fire protection do not meet the
shove requirements, buildings equipped throughout with a approved automatic
sprinkler system need not rnandatorily comply with the provisions of .this section.
(2) Buildings in excess of two (2) stories in height or that require n
fire flow in excess of two thousand gallons per minute (2,000 gpm) shall be
equinoed throughout, with an approved automatic sprinkler system. For the,
purpose of this subsection, dwellings with exterior walls protected in
accordance with the provisions of the Building Code need not comply.
Section 10.301(8) added-Final Inspection: No final inspection as to all or
any portion of n development shall be deemed completed until the installation of
the required facilities Ind accesswavs have been completed and approved. No
final. certificate of or_cupancy may be granted until. the Fire District issues
notice of final clearance to the buiding department.
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Sec r, ion .10.3U'/ iimeruled--z'ire Alarm Systems and Em~~;nr.,v Pre-Fire Pinnnint;:
(a) General. fill fire alarm ..^,,ystems shall be installed in accordance
with the provision.^> of this Article.
(h) Fire Alarm Syr,tems Required. 14anual or automatic fire alarm systems
shall be installed in every building more than three (3) stories in height.
(c) Installation, inspection and maintenance of fire alarm systems shall
be according to the standard set forth in Uniform Fire Code Standard 10-2,
and shall be approved by the Chief.
(d) Fire alarm annunciator panels shall be provided at such locations as
required by the Chief.
(e) Fire alaiKn systems shall be so designed that all occupants of the
building may be warned simultaneously.
(f) Emergency Pre-Fire Planning. There shall be instituted a training
program in the use of first aid fire equipment and methods of evacuation.
m cedures to be followed in the event of fire or other emergencies shall
also be established and should include, but shall not be limited to, the
following:
(1) Posting the telephone number of the fire department in a conspicuous
and plainly visible location near the telephone.
(2) Assignment of a responsible person to call. the fire department upon
notification of any fire or the activation of any fire alarm or sprinkler
system for any reason.
(3) Designation of area where occupants are to be located after evacua-
tion of the building.
(g) Details Requirements: When an approved automatic sprinkler system
is installed in conJunction with a fire alarm system, the automatic sprinkler
system shall be provided with a waterflow device which shall cause activation
of the fire alarm signaling device.
Section 10.310(f) added--When, in the opinion of the Chief, an unusual
condition or hazard exists, hose connection may be required and may be
provided as outlined in Sections 3-7.6 and 3-7.7, of N. F.P.A. N13, 1976
Edition.
.,^,ection 10.103 added--Fire Protection For Combustible Waste 14aterial
Storage: Standard automatic sprinkler protection shall be provided in all
rooms contalniug cambvstible waste storage and above all combustible waste
storate areas within ten feet (10') of a building or roof overhang in all
occ_i~pancies, except R-3 occupancies not designated zero lot line in Planned
Unit Development. Such sprinklers may be connected to the domestic water
simply, provided the piping for domestic water and sprinkler piping is suffi-
cient to supply the area and is provided, and an approved accessible OS&Y type
shutoff valve for each room or area. If there is no ceiling, a heat-baffle
plate shall be provided not more than six inches (6") above the sprinkler
head.
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1(i.h0.090. •'lu.rrable and Combustible Liquid•
?n~i:ion 79.701(e) •uldcd--Restricted L<xations: The st,nra~e oi' flammable
send combustible ]lrluids in aboveground tanks outside of building is prohibited
within the mercantile and other congested districts. Approval from the Planning
.and Development Departments prior to application submitted for plan check is
required for flammable liquid storage permit.
Section 79.601 amended--Location of Plants: Ilo new bulk plant shall be
constructed within Wrens Toned solely for residential occupancies and fore
mercantile establishments primarily retail in character.
16.40.100. General Precautions Against Fire
Section 11.207 adried--Earthquake Barriers For Certain Shelves: Shelves
used for the storage of containers of flammable or combustible liquids, corrosive
or reactive materials shall be provided with approved earthquake barriers.
16.40.110 S~pression and Control of Hazardous Fire Areas.
Section 24 of Appendix E added--Roof Coverings: Roof coverings on all
buildings shall be fire-retardant, or any Class A or B prepared or built-up
roofing. Re-roofing of existing buildings shall comply with the above.
/G.y..~ao
Section 12-2860 Violation - Penalty
Any person, firm, corporation, partnership or co-partnership who wilfully
violates any of the provisions, or fails to comply with any of the mandatory
requirements of this Crdinnnce is guilty of nn infraction, and upon conviction
t.hr•reof, shall~be punishable as provided in Chapter 1.12 of the Cupertino
c!unicipal Code, except that nothing herein contained shall be deemed to bar
any legal, equitable, or summary remedy to which the City of Cupertino or other
political subdivision, or any person, firm, corporation or partnership may be
otherwise entitled, and the City of Cupertino or any other political subdivision,
or person, firm, corporation or partnership may file a suit in the Superior Court
of the County of Santa Clara, to restrain, or enjoin any attempted or proposed
subdivision, or acts, in violation of this Chapter.
INTRODUC£.D at a regular meeting of the City. Council of the City of Cupertino
this 19th day of January, 1981 and ENACTED at a reggular meeting of the
City Council of the City of Cupertino this 17th day of February, 1981 ~ by'
the following vote:
Vote L?embers of the City Council
Ayi:~; Johnson, Plungy, Sparks, Rogers
iii)f;C; None
ABSF.tiT: Gatto
ABSTAI'i: None
ATTEST: _ APPROVED:
~ •'' ~ _~- `""` ~ ""'_ a-~ s ~ --,
City Clerk 21a City of Cupertin
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