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.
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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
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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
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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.
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(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
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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
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