Ordinance 1309• ~ised v/21/05
ORDINANCE NO. 1309
• AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER 16.40
TO THE MUNICIPAL CODE BY ADOPTING THE "UNIFORM FIRE CODE",
1982 EDITION, APPENDICES I-A THROUGH VI-A AND 1984
ACCUMULATIVE SUPPLEMENT TO THE I. C.B.O. UNIFORM
FIRE CODE 1982 ADDITION AND APPROPRIATE
EXCEPTION THERETO.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DDES ORDAIN AS
FOLLOWS:
Section 16.40.010. A~Qgt~on of_Uniform F~,re_Co~Q
6ection 1.
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
and Standards known as the Uniform Fire Code, including Appendix
Chapters I-A, I-B, II-A, II-B, II-C, II-D, III-A, III-B, III-C,
IV-A, V-A, VI-A, and the Unif orm Fire Code Standards published by
the Western Fire Chiefs' Association and the International
Conference of Building Officials, being particularly the 1982
editions thereof and the whole there, save and except such
portions as are hereinafter deleted, modified or amended by this
• Ordinance of which Code and Standard not less than three (3)
copies have been and are now filed in the Office of the Clerk of
the City of Cupertino, and the same hereby adopted and
incorporated as fully as if set out length herein, and from the
date on which this Qrdinance shall take effect, the provision
thereof shall be controlling within the limits of the City of
Cupertino.
Section 16.40.020. (Amended>___Adminizt~atio~
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
Department", "Fire Prevention Bureau", "Fire Chief", and other
such similar words are used, they shall menu 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", 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.
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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 o4
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 Sa4ety.
Section 16.40.030.
Secii~on_4_101 (Amende~~. Permits Required.
(47) A permit shall be required to install, alter or
change, unless otherwise herein noted, any fire hydrant systems
fire extinguishing system; or fire alarm system.
(48) It shall be unlawful to operate, maintain or use any
institution until all State and local laws and regulations
governing safety from fire and panic have been satisfactorily
complied with and a permit from the Chief has been obtained for
that occupancy. (For the purpose of this Section, an institution
shall be, but is not limited to: hospital, children's home,
instituion, home or instituion for insane or mentally retarded
persons, home or institution for the care of egad or senile
persons, sanitarium, nursing or convalescent home, certified
family care homes, out of home placement facilities, half-way
house, and day care nurseries or similar facility of any
capacity>.
Section 4_308_tAdded).
Whenever 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 is being performed in violation of the plans and
specifications as approved by the Chief, a 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 has been corrected.
T •
SeEt},gn_4_~09 (Added)
Fees shall be paid to Central Fire District as follows:
ONf_ T~_E~~
1. Permits for fire hydrant systems, fire
extinguishing systems, fire alarm systems
shall be charged as outlined in Chapter 3
of the Uniform Building Code. Second and
additional re-inspections. # 30.00 each
~ YEAR ~Y_F~ES
2. Institutional Permits
A. Over 50 persona ............ .......... #100.00
B. More than six persons .............. 75.00
3. Day Care Facilities
. Six or More ........................... 33.00
4. Places of Assembly
A. 50 - 300 person9 ....................... 50.00
B. Over 300 persons ..... ................ 83.00
C. Tents in Excess of 300 sq. ft......... 83.00
(or for each permit)
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Section 1b.4.4U. General_Prov_isioOs_f~ Fire_Safety
Section lU.2U7(g> (Amended). Gates_or_other_Obgtructions
• bates or other obstructions shah ved bb plthed Chief3
access roadways unless of a design app Y
Application for the installation of gatelansrandstspeci4icetions
be made in writing and accompanied by p
detailing the proposed installation.
Section 10.301(f) (Added). Adeguate_M~e~er Sugel_y
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 prokection
do not meet the above requirements, buildings equipped throughout
with an approved automatic sprinkler system need not mendatorily
comply with the provisions of this section.
2. Buildings in excess of two (2) stories in height or
35 ft. in height, or that require afire flow in excess of 2,000
gallons per minute shall be equipped throughout with an approved
automatic fire sprinkler system. For the purpose of this
subsection, detached dwellings with exterior walls protected in
accordance with the provisions of the Building Code need not
. comply. For the purposes of calculating fire flow, area and
occupancy separation walls may not be used to reduce th• buiding
size.
Section 10.301(8) (Added>. Final_IOsQgg~ig8
No final inspection as to all or any portion of a
development shall be deemed completed until the installation of
the required facilities and accessways have been completed and
approved. No final certificate of occupancy may be granted until
the Fire District issues notice of final clearance to the
Building Department.
Section 10.307 (a3) (Added)
Manual or automatic fire alarm systems shall be
installed in every building three (3) or more stories in height.
Fire alarm annunication panels shall be provided at such
locations as required by the Chief.
Section 10.312 (f) (Added)
When, in the opinion of the Chief, an unusual condition
or hazard exists, hose connections may be required and may be
provided as outlined in Sections 3-8.6 and 3-8.7 of N. F.P.A. M13,
1980 Edition.
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Section 16.4t~50. General_PCecaution_A• nst_Fire_
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Section 11.201td) (Amended). Fire__Protection_for_Combustible
Waste Material_Storage_
Standard Automatic sprinkler protection shall be
provided in all rooms containing combustible waste storage and
above all combustible waste storage areas within ten feet (10
ft.) of a building or roof overhang in all occupancies, except R3
Development. Such sprinklers may beotconnectednto thendomestic
water supply, provided the piping for domestic water and
sprinkler piping is sufficient 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 (b") ebove the
sprinkler head.
Section 16.40.060. Aba~ement_of_Hazard
ti) The maintenance of real property in violation of
this code, or of eny order of the Fire District pursuant
theretot, is hereby declared to be a public nuisance and is
subject to the abatement procedures of Chapter 1.09 of the
Cupertino Municipal Code.
f2) Notwithstanding Paragraph (i) of this section, if
real property is maintained in violfation of this code or any
. order of the Fire District pursuant thereto and such maintenance
constitutes, in the opinion of the Fire Chief, a fire hazard of
such a nature that immediate action is required to protect the
public health, safety, and welfare, the Fire District may take
all necessary and immediate steps to abate the hazard without
complying with the notice requirements of Chapter 1.09 of the
Cupertino Municipal Code.
t5) The cost of any abatement as described in
Paragraphs ti) or (2) of this section shall be collected as
provided in Section 1.09.110 et seq. of the Cupertino Municipal
Code.
INTENT: IT IS THE INTENT OF THIS SECTION TO PROVIDE A
METHOD OF HAZARD ABATEMENT ON PRIVATE PROPERTY WHERE NO
OWNER OR RESPONSIBLE CAN BE FOUND AND THE HAZARD IS OF A
NATURE REQUIRING IMMEDIATE ACTION IN ORDER TO PROTECT
THE PUBLIC.
Section 16.40.070. Mailttenance of Exit_Ways
Section 12.114(cl) <Amended). Illuminati o0 of Signs
Exit signs serving an occupant load of 100 or more
thanol5 watts,beachgsuppliedhbywtwo)(2)eseparateasourcea, not less
•
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Section 77.1~e> (Added) •
The storage of blasting agents and explosives referred
to in Section 77.106(bu atedtsreasniform Fire Code shall be
. prohibited in heavily pop 1
Section 79.101 (d) (Added)
The storage of flammable or combustible liquids in
outside above-ground tanks is prohibited in heavily populated
areas.
Section 82.105(9) (Added)
The storage of liquid petroleum gases referred to in
Section 82.105(x) of the Uniform Fire Code shall be prohibited in
heavily populated areas.
Section 16.40.080. Suegr_es_sig0_~!d Con~rgl of_ Hazardgus_E~,C~
A=rsesZ
Section 16(c) tAdded to Appendix II-A>. Firebrgal~ Vegetation
When brush or vegetation growth is removed and cleared
away to provide a firebreak as required by this section, suitable
growth which will not form a means of rapidly transmitting fire
shall be planted in such a manner so as to reduce the possibility
of erosion.
Section 24 tgppendix II-A Added): Roof Coverings
Roof coverings on all buildings shell be fire-retardant,
or shall comply with the standards established for Uniform
Building Code Class A or B prepared or built-up roofing.
exceptflthatf anysre~goofingdofglesshthan tenppercenth(SO%) ofbthe
total roof area of any building shall he exempt from this
requirement. Additions to existing buildings exceeding ten
percent (lOX) of the total roof area shall comply with this
section.
THE FOLLOWING AMENDMENTS ARE ADDED TD THE 1984 ACCUMULATIVE
SUPPLEMENT.
Section 31.102: Definitions
EmergenSy_ CQntro~_~tai•~,gn is an approved location on the
premises of Group H, Division 6 Occupancy where signals from
emergency equipment are received and is constantly manned.
Section 51.105 (b): Location
The occupied levels of fab areas shall not be located
abov_e_or below the first story.
• Section 51.105 (c>: Maximum Quantities of_HPM
Delete Exceptions 3 and 4.
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Section S1.10~d): Fire_Protection_Reg~mer~ts
Sprinkler coverage of the horizontal surface at any work
. station shall not be obstructed. There shall be a sprinkler head
installed within the exhaust duct connection of work stations of
combustible construction. The head shall be located not more
than 4 feet from the point of duct connection to the work
station. The head and connecting piping to the duct shell be
coated with approved materials to prevent corrosion, when
necessary. The head shall be accessible for periodic
inspection. The design of the sprinkler system in the area shall
take into consideration the spray pattern and the effect on the
equipment. Sprinklers shall be Installed per the manufacturer's
listing and requirement of the UMC.
Section 503 (a) - Changed to read as follows:
When a mixed occupancy building contains a Group H
Division b Occupany, the portion containing the Group H, Division
6 Occupancy shall not be located above or below the first floor.
Section 411 (b) - Delete Exceptions 1 and 2.
Section 911 (b): Fabric~t},on_Qrga
3. Ventilation (Second Paragraph). Ventilstiong
systems shall comply with the Mechanical Code except that the
automatic shutoffs need not be installed on air-moving equipment.
However, product detectors shall be installed in the circulating
• airstream and shall initiate a signal at the emergency control
station.
Section 3802 <g>: Div_i~},Qn 6
A fire-extinguishing system shell bs installed
throughout buildings containing Groups H. Division 6 Occupancies.
The design of the sprinkler system shall be not less than that
required under a UBC Standard No. 39-1 with a minimum design area
of 3,000 sq. ft. for the occupancy hazard classifications as
follows:
Location Occupancy Hazard
Classification
Fabrication areas Ordinary Hazard Group 3
Service corridors Ordinary Hazard Group 3
Storage rooms without dispensing Ordinary Hazard Group 3
Storage rooms with dispensing Extra Hazard Group 2
Exit corridors Ordinary Hazard Oroup 31
1 When the design area of the sprinkler system consists of
a corridor protected by one row of sprinklers, the
maximum number of sprinklers that need be calculated is
13.
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Section 16.4.90. V olations_=_Penalti~
3-----
Chapter 1:12 of the Cupertino Municipal Code titled General
Penalty is hereby added to this section.
Section 16.40.100. HeaCing
This Ordinance shall after first reading, be scheduled
for public hearing as provided in Section 50022.3 of the
Government Code. Notice of hearing shall be published pursuant
to Section 6066 of the Government Code in the Cupertino Courier.
Copies of the Uniform Code and this Ordinance shall be on file
with the City Clerk and open for public inspections.
INTRODUCED at a regular meeting Jun_et1985City CouanncdilENACTED
City of Cupertino this 17 ___ day of ___ y_ _ __
at a regular meeting of the City Council of the City of Cupertino
this ___1_ day of __ Julyi }~~~_________+ by the following vote:
Vote ~'Ig~n~gr_s__o_f _thg_Ci t~Co~Cc,,,~i l
AYES: Gatto, Plungy, Rogers, Sparks, Johnson
NOES: None
ABSENT: None
• ABSTAIN: None
ATTEST: ~
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City Clerk Cupertino
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