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Ordinance 1168 ORDINANCE N0. 1168 AN ORDINANCE OF THE CITY OF CUPERTINO AFfENDING CHAPTER 16.40 OF.TIIE CUPERTINO NIJIQICIPAL CODE BY ADDING SECTIONS 16.40.165 AND 16.40.166 REGARDING Sl10KE DETECTION SYSTEFIS AND SECTION 1b.4U.180 REGARDING PENALTIES FOR VIOLATIONS IJHEREAS, the Health and Safety Code of the State of California requires local .agencies to enact ordinances imposing the same requirements with respect to residential buildings as are contained in regulations adopted by the State Commission of Housing and Community Development; and WiIEREAS, the Health and Safety Code of the State of California authorizes local agenclea to make modifications in said state regulations as are reasonably necessary because of local conditions; and WHEREAS, the State Commission of Housing and Community Development has adopted the smoke detector provisions contained in the 1979 Uniform Building Code which require that permanently wired smoke detectors be in- stalled in new residential construction, and that the smoke detectors be located in the hallways or areas leading to rooms used for sleeping purposes; and WHEREAS, in existing one and two family dwellings, the 1979 Uniform Building Code requires smoke detectors be provided in the corridor and areas giving access to any sleeping room when alterations, repairs or add- itions requiring a permit and having a valuation in excess of $1,000 occur or when one or more sleeping rooms are added or created; and WHEREAS, the above described provisions of the Uniform Building Code are inadequate to address the following local conditions found by the City Council to exist in the City of Cupertino: a) Existing and future residential development are common in areas of mountainous brush and shrubs conducive to the spread. of fire. -1- b) Such a~s provide restricted access [o~ic Central Fire District due to narrow streets common to such areas and to unique traffic densities within the City of Cupertino. c) Tl~e lack of comprehensive medical facilities (i.e., a hospital) within the City of Cupertino, or within the general area, necessitates a quicker response time by the Central Fire District and smoke detectors provide a proven early warning system. d) The City of Cupertino has relatively low humidity, proximate. to thousands of acres of highly flammable brush, high wind velocities, including prevailing northerly winds during the summer solstice, concentration of residential units having predominately wooden roofing and leas fire resistive con- struction, and being subject to earthquakes; and WHEREAS, many deaths and injuries occur each year in the United States in the sleeping quarters of residential dwellings, hotels, motels and similar structures, as a result of fires; and WHEREAS, studies have shown that the number of such deaths and injuries can be greatly reduced when such structures are equipped with smoke detection systems; and WHEREAS, the health and safety of residents in the City of Cupertino is of extreme importance; NOW, THEREFORE, Tl1E CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF CODE. Section 16.40.165 is hereby added to Chapter 16.40 to read as follows: 16.40.165 FIRE ALARM AND FIRE DETECTION SYSTEMS. (a) Every apartment house three or more stories in height or containing more than fifteen (15) apartments, every hotel three or'more stories in -2- height or containing twenty (ZO) or more guest rooms shall have installed therein an autumntic or manually operated fire alarm system. Such fire alarm system shall be so designed that all occupants of the building may be warned simultaneously. (b) No signal system or intercommunicating system used for any purpose other than fire warning meets the requirements of this Article. (c) Installation, inspection and maintenance of any fire alarm system required hereunder shall be in accordance with NFPA Standard 072A. (d) Stations for operating any manually operated fire alarm system shall be placed immediately adjacent to the telephone switchboard in the building if there is a switchboard. (e) The above section is applicable to new construction only. SECTION 2. AMENDMENT OF CODE. Section 1b.040.166 is hereby added to Chapter 16.40 to read as follows: 16.40.166 REQUIRED SMOKE DETECTOR SYSTEM. (a) All dwelling unite currently existing,except detached single-family dwellings,and all newly constructed shall be equipped with smoke detection systems .ae speciEled in this section. (b) Dwelling units include, but are not limited to, single- family dwellings, duplexes, multiple family dwellings, hotels, motels, apartment housing, condominiums, stock cooperatives, lodging houses, foster care and child care centers. The. requirements of this section shall apply to all dwe113ng units not exempted from regulation by any EederaL or state law. (c) Every dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor -3- or area g• ng access to rooms used for s.l• inj; purposes, or in the case of hotels, motels and efficiency units, on the ceiling of the main room. Where sleeping rooms are located on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. (d) In new construction, required smoke detection systems shall receive their primary power from the permanent building electrical power system and shall be on an independent circuit connected. immediately after the building main circuit breaker in accordance wiUc the requirements of the Electrical Code of the City of Cupertino in dwellings. Where two or more smoke detectors are required to be .powered by the permanent building electrical power system, they shall be interconnected in such a manner that actuation of one shall cause actuation of all detectors in the dwelling unit. (e) Smoke detection equipment required to be installed in existing dwelling units may utilize batteries for its primary power, except where required by section (f). (f) When alterations, repairs or additions requiring a permit and having a valuation in excess of $1000 occur, or when one or more. sleeping rooms are added or created in existing Group R., Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. [U.B.C. Section 1210(a)] • (g) The owner shall insure that all required smoke detectors are installed and in proper working order each time an .occupant takes possession and shall repair within a reasonable time when notified .the detector is not in working order. - 4 - (h) The owner of every building, that contains multiple dwelling units, as defined by Ordinance 002, Section it (eleven), shall certify during the month of April of every year that all required smoke detectors were tested during the previous 30 days and found to be operational. (i) tJhenever the location of a permanently wired awoke detector is within 12 feet, 6 inches of an appliaance which produces products of combustion, other than a forced air heating unit, a photoelectric type of detector shall be required. SECTION 3. A2fEND1~11T OF GODS. Section 16.40.180 is hereby added to Chapter 16.40 to read as follows: 16.40.180 VIOLATION - PENALTY. Any person, firm or corporation who shall violate any provision of this chapter shall be guilty of an infraction, and upon communication thereof shall be punished as provided in chapter 1.12. SECTION 4. SEVERABILITY. If any provision of clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severahle. SECTION 5. EFFEC'fIVEJOPERATIVE DATE. This ordinance shall be in full .force and effect thirty (30) days from and after the date of its adoption. The requirement for smoke detection systems in existing. ~structurea shall be operative upon the owner's application for a permit for alterations, repairs or additions or January 1, 1983, whichever first occurs. SECTION 6. PUBLICATION. The City Clerk shall cause this ordinance to be published at least once within fifteen (15) days after its -5- adop[lon in the Cupertino Courier, [he official newspaper of the City of Cupertino. The foregoing ordinance was introduced at a regular meeting of . the City Council of the City of Cupertino on the 5th day of APrii , 1982, and was passed and adopted at a regular. meeting of said Council held on the 7th. day of June , 1982, by the following called vote: Vote Members of the City Council AYES: Catto, Johnson, Plungy, Rogers, Sparks NOES: None ' ABSENT: None. ABSTAIN: None APPROVED: Nayor, C ty of Cupe t no ATTEST:' /~~aGGl~ City Clerk _b_