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Item 24 Staff Report Chapter 9 Regarding Fire Prevention and ProtectionCOUNCIL AGENDA REPORT DATE: October 11, 1999 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY/ - SUBJECT MEETING DATE: 10/18/99 ITEM NO. CHAPTER 9 REGARDING FIRE PREVENTION AND PROTECTION A. ADOPT RESOLUTION MAKING CERTAIN FINDINGS WITH RESPECT TO THE AMENDMENT OF CHAPTER 9 OF THE TOWN CODE B. INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1998 EDITION) RECOMMENDATION: 1. Introduce the proposed ordinance amending Chapter 9 of the Town Code 2. Instruct Clerk to read the title for the proposed ordinance (Attachment 1). 3. Move to waive further reading of the proposed ordinance. 4. Adopt resolution making certain findings with respect to the amendment of Chapter 9 of the Town Code (Attachment 2) 5. Instruct Clerk to publish a notice-andsummary (Attachment 3) of the proposed ordinance,tieeinthe-Weekly- Times.bei 49eteber4; 99:- DISCUSSION: Central Fire District has drafted proposed local amendments to the 1998 Uniform Fire Code and State of California Fire Code. The proposed ordinance adopts a uniform code by reference. It also adds additional requirements not included in the Uniform Fire Code. Certain fmdings concerning local climatic, topographical and geographic conditions are required in order to adopt such additional rules. Those findings are contained in the proposed resolution. We further recommend that _notice of the proposed ordinance be published twice in the newspaper befere'its-proposed-adoption-on Attachments: 1. Proposed Ordinance 2. Resolution 3. Summary of Ordinance for Publication Distribution: Dirk Mattern, Deputy Chief, Central Fire District, 14700 Winchester Boulevard, Los Gatos, CA 95030 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp IMATYSFIRECODE.TCRJ Reviewed by: anager Finance Revised: 10/11/99 9:18 AM Reformatted: 10/23/95 File# 301-05 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1998 EDITION) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 9.30.005. Adoption The Uniform Fire Code volumes I and II, 1997 edition, including Appendix Chapters I-C, II -A, II-B, II-D, II-F, II -I, II-J, III -A, III-B, V-A, VI -A, VI-B, VI-C, as amended by the 1998 California Fire Code, Title 24, Part 9, are hereby adopted by reference with the modifications and omissions as provided in this Article. Section 9.30.010 Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited The limits referred to in Section 7902.2.2.1 and 7904.2.5.4.2 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 Town of Los Gatos that are residential or congested commercial areas. Section 9.30.015. Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 8204.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as all locations of the Town of Los Gatos that are residential or congested commercial areas except for gasoline service stations. Section 9.30.020. Establishment of limits of districts in which the storage of explosives and blasting agents is to be prohibited. The limits referred to in Section 7701.7.2 of the California Fire Code, in which the storage of Page 1 of 31 _:JACHMENT explosives and blasting agents is prohibited, are hereby established as the Town limits of the Town of Los Gatos. Section 9.30.030. Final Inspection A new Section 103.3.2.4 is added to the Uniform Fire Code adopted in this Article to read as follows: "103.3.2.4. 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 to the Building Department." Section 9.30.035. Permits for Compressed Gases Section 105.8 c.7 of the Uniform Fire Code adopted in this Article is amended to read as follows: "c.7. Compressed Gases. To store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A, 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 of substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed in an emergency basis, application for permit shall be made within two working days of commencement of work. 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 filed pursuant to Section 8001.13. This 30-day period may be waived by the Chief if there are special circumstances requiring such waiver." Section 9.30.040. Permits for Cryogens Section 105.8 c.9 of the Uniform Fire Code adopted in this Article is amended to read as follows: Page 2 of 31 "c.9. Cryogens. Except where federal or state regulations apply and except for fuels systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B, or to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See Article 75." Section 9.30.045. Permits for Day Care Facility Section 105.8 d.3 is added to the Uniform Fire Code adopted in this Article to read as follows: "d.3. Day care facility. To operate a business as a day care facility for more than six people." Section 9.30.050. Permits for Fire Protection Systems Section 105.8 f.6 is added to the Uniform Fire Code adopted in this Article to read as follows: ` f 6. Fire protection systems. To install, alter or change any fire hydrant system, fire extinguishing system or fire alarm system." Section 9.30.055. Permits for Institutions Section 105.8 i.1 is added to the Uniform Fire Code adopted in this Article to read as follows: "i.1. Institutional. 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 9.30.060. Permit Amounts for Compressed Gases Table 105-A of the Uniform Fire Code adopted in this Article is amended to read as follows: TABLE 105-A PERMIT AMOUNTS FOR COMPRESSED GASES' TYPE OF GAS AMOUNT (cubic feet) x 0.0283 form 3 Corrosive 200 Flammable (except cryogenic and liquefied petroleum gases) 200 Highly toxic Any amount Page 3 of 31 Inert and simple asphyxiant 6,000 Irritant 200 Moderately toxic 20 Other health hazards 650 Oxidizing (including oxygen) 504 Prophoric Any Amount Radioactive Any Amount Sensitizer 200 Toxic Any Amount Unstable (reactive) Any Amount ` See Articles 74, 80 and 82 for additional requirements and exceptions Section 9.30.065. Permit Amounts for Hazardous Materials Table 105-C of the Uniform Fire Code adopted in this Article is amended to read as follows: TABLE 105-C PERMIT AMOUNTS FOR HAZARDOUS MATERIALS' TYPE OF MATERIAL AMOUNT x 0.4536 for lbs. to kg x 3.785 for gal. to L Carcinogens 10 pounds Cellulose nitrate See No. c.4 Combustible fiber See No. c.5 Combustible liquids See No. f.3 Corrosive gases See No. c.7 Corrosive liquids 55 gallons Corrosive solids 500 pounds Cryogens See No. c.9 Explosives See No. e.1 Flammable gases See No. c.7 Flammable liquids See No. f.3 Page 4 of 31 Flammable solids 10 pounds Highly toxic gases (including pesticides and fumigants) See No. c.7 Highly toxic liquids and solids (including pesticides and fumigants) Any Amount Irritant liquids 55 gallons Irritant solids 500 pounds Liquefied petroleum gases See No. 1.1 Magnesium See No. m.1 Moderately toxic gas See No. c.7 Nitrate film See No. c.3 Oxidizing gases See No. c.7 Oxidizing liquids » Any Amount Oxidizing solids Any Amount Organic peroxide liquids and solids Any Amount Other health hazards: Liquids 55 gallons Other health hazards: Solids 500 pounds Pyrophoric gases See No. c.7 Pyrophoric liquids Any Amount Pyrophoric solids Any Amount Radioactive materials (including gases, liquids and solids) See No. c.7 and r.1 Sensitizer liquids 55 gallons Sensitizer solids 500 pounds Toxic gases See No. c.7 Toxic liquids Any Amount Toxic liquids Any Amount Unstable (reactive) gases See No. c.7 Unstable reactive liquids Any Amount Unstable reactive solids Any Amount Page 5 of 31 Water reactive liquids Any Amount Water reactive solids Any Amount ' See Article 80 for additional requirements and exceptions Section 9.30.070. Permit Fees A new Section 105.9 is added to the Uniform Fire Code adopted in this Article to read as follows: "105.9. Permit Fees. Fees shall be paid to the Santa Clara County Fire Department as follows: ONE TIME FEE 1. Permit fees and plan review fees for fire hydrant systems, fire extinguishing systems, fire alarm systems shall be charged in accordance with Section 107 of the Building Code. For the purpose of determining the fee amount, the total valuation shall be limited to the value of the system for which the permit is being issued. 2. Additional reinspections (each) $ 30.00 3. Tents in excess of 200 sq. ft. or canopies in excess of 400 sq. ft. (or for each permit). $ 85.00 4. Job site consultation as determined by Fire Chief (Man hour / 1 hour minimum) $ 50.00 ANNUAL FEES 1. Institutional Permits a. Over 50 persons $ 100.00 b. More than six persons $ 75.00 2. Day Care Facilities - More than six clients $ 35.00 3. Places of Assembly a. 50 - 300 persons $ 50.00 b. Over 300 persons $ 85.00 Section 930.075. Continuous Gas -Detection System Definition Section 204-C of the Uniform Fire Code adopted in this Article is amended to read as follows: Page 6 of 31 "204-C. Continuous Gas -Detection System. Is a system where the analytical instrument is maintained in a continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed five minutes." Section 9.30.080. Hazardous Materials Business Plan Definition A new section 204-C is added to the Uniform Fire Code adopted in this Article to read as follows: "208-H. Hazardous Materials Business Plan (HMBP). A written plan containing at a minimum the information required pursuant to Section 25500 et. seq. of the Health and Safety Code." Section 9.30.085. Moderately Toxic Gas Definition. A new section 214-M is added to the Uniform Fire Code adopted in this Article to read as follows: "214-M. Moderately Toxic Gas. 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." Section 9.30.090. Storage / Use Facility Definition. Section 220-S of the Uniform Fire Code adopted in this Article is amended to read as follows: "220-S. Storage / Use Facility. Is a building, portion of a building, or exterior area used for the storage, use, or handling of hazardous materials where the quantity of hazardous materials is equal to or greater than the permit amounts specified in Section 105. Storage / Use System. Is any one or combination of tanks, sumps, waste treatment facilities, pipes, vaults or other portable or fixed containers, and their secondary containment systems which are used, or designed to be used, for the storage, use, or handling of hazardous materials at a storage / use facility." Section 9.30.095. Water Supplies. Section 903.3 of the Uniform Fire Code adopted in this Article is amended to read as follows: "903.3. Type of Water Supply. Water supply is allowed to consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirements for Page 7 of 31 fire flow, the Chief may be guided by Appendix III -A. Where water supplies available for fire protection do not meet the requirements of Appendix III -A, an approved (approved means as approved by the Fire Chief) automatic fire sprinkler system installed throughout the building will be an acceptable alternate to all or a portion of the water supply required, as determined by the Chief, provided that a sprinkler system is not otherwise required by this Code or the Building Code." Section 9.30.100. Fire Extinguishing System Standards Section 1003.1.2 of the Uniform Fire Code adopted in this Article is amended to read as follows: "1003.1.2. Standards. Fire extinguishing systems shall comply with the Building Code. Fire sprinkler systems required by the Fire Code, as amended, shall be installed in accordance with National Fire Protection association (NFPA) Standards, as referenced in the Building Code, and Fire Department Standards." Section 9.30.105. Fire Extinguishing Systems for New Buildings Section 1003.2.2, item 6 of the Uniform Fire Code adopted in this Article is added to read as follows: "6. In all new buildings where the fire flow for the building, in accordance with Appendix III -A, exceeds 2,000 gallons per minute or, is three (3) or more stories in height or, the floor area exceeds 10,000 square feet." Section 9.30.110. Fire Extinguishing Systems for Existing Buildings Section 1003.2.2, item 7 is added to the Uniform Fire Code adopted in this Article to read as follows: "7. In all existing buildings when modifications are made that increases the fire flow, in accordance with Appendix III -A, to more than 2,000 gallons per minute or, increases the number of stories to three (3) or more or, increases the floor area to more than 10,000 square feet." Section 9.30.115. Monitoring Fire Extinguishing Systems Section 1007.1.3 is added to the Uniform Fire Code adopted in this Article to read as follows: "1007.1.3. Monitoring of Fire Extinguishing Systems. When a fire alarm system is installed in a building, the system shall monitor all fire extinguishing systems. Activation of any fire extinguishing system shall send an alarm signal to the fire alarm control panel and initiate the alarm signaling devices." Page 8 of 31 Section 9.30.120. Immersion Heaters Section 1107.3 is added to the Uniform Fire Code adopted in this Article to read as follows: "1107.3. 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. Section 9.30.125. Fuel Dispensing Nozzles Section 5202.4.4.2, first and second paragraphs, of the Uniform Fire Code adopted in this Article are amended to read as follows: "5202.4.4.2. Nozzles. A listed automatic -closing -type hose nozzle valve with a latch -open device shall be provided on island -type dispensers used for dispensing Class I, II or III -A liquids. Overhead -type dispensing units shall be provided with a listed automatic - closing -type hose nozzle valve with a latch -open device. Section 9.30.130. Flammable and Combustible Liquids -Plans Section 7901.3.2 of the Uniform Fire Code adopted in this Article is amended to read as follows: "Section 7901.3.2. Plans. Plans shall be submitted with each application for a permit to store liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, access ways, fire -protection facilities, and provisions for spill control and secondary containment." Section 9.30.135. Flammable and Combustible Liquids -Monitoring Section 7901.13 is added to the Uniform Fire Code adopted in this Article to read as follows: "7901.13. Monitoring. Monitoring of flammable and combustible liquid storage / use systems shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Business Plan if otherwise required or shall be in writing for approval by the Chief. Monitoring methods may include but are not limited to the following: 1. Visual inspection, on weekly or more frequent basis. (Requires trained personnel and documentation). Page 9 of 31 2. Continuous leak detection and alarm system. 3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the Chief." Section 9.30.140. Flammable and Combustible Liquids -Containment Section 7901.14 is added to the Uniform Fire Code adopted in this Article to read as follows: "7901.14. Containment Requirements. A containment system shall be required for all flammable and combustible liquids. Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of 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. The Chief may require outside containment areas to be covered with a roof or canopy for protection from the environment." Section 9.30.145. Flammable and Combustible Liquids - Tank Locations Section 7902.2.2.1 of the Uniform Fire Code adopted in this Article is amended to read as follows: "7902.2.2.1. Locations Where Above Ground Tanks Are Prohibited. The storage of Class I, II and III -A liquids in aboveground tanks outside of buildings is permitted only in locations not prohibited by this ordinances, or as otherwise approved by the Chief, and shall be installed as follows: 1. Double wall steel aboveground tanks may be used for the storage of Class II liquids, including integral diesel fuel storage tanks for generators or fire pumps, which are listed and limited to an individual or aggregate capacity of 660 gallons. Such tanks shall be located a minimum of ten (10) feet from any building and a minimum of twenty (20) feet from a property line which is or can be built upon. 2. Protected aboveground storage tanks may be used to store diesel fuel used to power generators or fire pumps which do not exceed 4,000 gallons individual capacity or 16,000 gallon aggregate capacity. Such tanks shall be designed and installed in accordance with Appendix II-F as amended. Page 10 of 31 Section 9.30.150. Liquefied Petroleum Gases -Permits and Plans Section 8202.1, third paragraph, of the Uniform Fire Code adopted in this Article is amended to read as follows: "8202.1. Permits and plans. Where a single container is over 125 gallons water capacity or the aggregate capacity of containers is over 125 gallon water capacity, the installer shall submit plans for such installations." Section 9.30.155. Toxic Gases Article 91 of the Uniform Fire Code adopted in this Article is added to read as follows: "Division I. Purpose and Definition 91.100. Scope. This Article applies to all new and existing facilities where regulated materials subject to this Article are present. In the event of conflicting or overlapping regulatory provisions with other hazardous materials laws, regulations, codes, or ordinances and this Article, the most stringent requirement shall be applied. In the event of conflicting or overlapping regulatory provisions with a Federal law or State law or regulations, unless the application of this Article is expressly preempted by an act of Congress or enactment of the Legislature, the more stringent requirement shall apply. This Article shall not apply to the registration and application of pesticides since this is preempted by an Act of Congress. Handling and storage of pesticide cylinders; however, shall comply with all requirements of this Article. 91.101. Definitions -General. Unless the context otherwise requires, the words and phrases in this Article shall have the meanings set forth in this Division I and shall govern the construction of this Article. For words and phrases not defined in this Article, the definitions set forth in Article 2 of the California Fire Code shall apply. 91.101.1. Class I Material. A material that has a median lethal concentration (LC50) in air of 200 parts per million or less by volume of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one (1) hour, to albino rats weighing between 200 and 300 grams each. 91.101.2. Class II Material. A material that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 3,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 30 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs Page 11 of 31 within one (1) hour, to albino rats weighing between 200 and 300 grams each. 91.101.2. Class II Material. A material that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 3,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 30 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one (1) hour, to albino rats weighing between 200 and 300 grams each. 91.101.3. Class III Material. A material that has a median lethal concentration (LC50) in air more than 3,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, or more than 30 milligrams per liter but not more than 50 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for an hour, or less if death occurs within one (1) hour, to albino rats weighing between 200 and 300 grams each. 91.102. Controls. "Controls" are means to regulate materials to prevent unauthorized discharges. 91.103. Control Area. "Control Area" means a space within a building where regulated materials may be stored, handled, dispenses or used. The control area is an area formed by one or more of the following: (a) An occupancy separation with a minimum one -hour fire - resistive rating, or (b) The exterior wall, roof or foundation of the building. A maximum of four (4) control areas shall be permitted within a building except buildings or portions of buildings used for retail sales, which shall have a maximum of two (2) control areas; otherwise, the entire building shall be considered an "H" occupancy and shall meet the requirements of this occupancy as set forth in the California Fire Code. 91.105. Excess Flow Control. "Excess flow control" means a fail-safe system designed to shut off flow due to rupture in pressurized piping systems. 91.105.1. Exterior Storage. "Exterior storage" means a storage area enclosed by no more than two (2) contiguous walls. 91.106. Facility. "Facility" means any building, structure, installation, equipment, pipe, container, site, area, appurtenant structure or surrounding Page 12 of 31 land area where regulated materials are stored, used, dispensed, handled, placed or otherwise have come to be located. 91.107. Fire Code. "Fire Code" means the California Fire Code. 91.109. IHLH (Immediately Dangerous to Life and Health). IHLH (Immediately Dangerous to Life and Health) mans a concentration of airborne contaminants, normally expressed in parts per million (ppm) or milligrams per cubic meter, which represents the maximum level from which one could escape within thirty (30) minutes without any escape -impairing systems or irreversible health effects. This level is established by the National Institute of Occupational Safety and Health (NIOSH). If adequate data do not exist for precise establishment of IDLH data, an independent certified industrial hygienist, industrial toxicologist or appropriate regulatory agency shall make such determination. 91.110. Inert Construction Materials. "Inert Construction Materials" means materials which, under reasonably foreseeable conditions, will not degrade or react upon contact with the regulated material to be contained. 91.112. Lethal Concentration (LCso). "Lethal Concentration" (LC5o) means the median lethal concentration level, at which fifty percent (50%) of appropriate test animals die when exposed by inhalation for a scientifically appropriate specified time period. For the purposes of this chapter, LC50 values for a particular regulated material shall be those established by the Department of Transportation (D.O.T.). If D.O.T. has not established an LC50 value for a particular regulated material, the LC50 value established by the Compressed Gas Association (CGA) shall be used. If neither D.O.T. nor CGA has established an LC50 value for a particular regulated material, the Fire Chief or his designee may use LC50 values from other available scientific sources. 91.113. Lethal Concentration Low (LCLo). "Lethal concentration low" (LCLo) means the lowest concentration of a chemical at which some test animals died following inhalation exposure. 91.114. Lethal Dose Median (LD50). Lethal Does Median (LD50) means the dose at which fifty percent (50%) of test animals die following exposure. The lethal dose is given in milligrams per kilogram of body weight of the test animals. 91.115. Lethal Does Low (LDLo). Lethal Dose Low (LDLo) means the lowest dose of a chemical at which some test animals died following exposure. Page 13 of 31 91.117. Maximum threshold quantity (Max. T.Q.). "Maximum threshold quantity" (Max. T.Q.) Means the maximum quantity of Class II or Class III regulated material which may be stored in a single vessel before a stricter category of regulation is required by this Article. Max. T.Q. is determined by the following equation: Max. T.Q. (pounds) = LC50 (ppm) x 2 For the purpose of calculating the Max. T.C., storage tank, cylinder and piping systems which can be isolated in a manner approved by the Fire Chief or his designee may be designated as a separate storage vessel. 91.118. Minimum Threshold Quantity (Min. T.Q.). "Minimum Threshold Quantity" (Min. T.Q.) Means the aggregate quantity of a single regulated material in a control area which, due to the minimal aggregate quantities present, need only comply with specific control requirements established in Division VIII and Division II of this Article and not with the specific requirements for Class I, II or III regulated materials. Min T.Q. for mixtures shall be based on the aggregate weight of the regulated components. For all regulated materials: Min. T.Q. = 2 pounds or less Minimum threshold quantity controls are set forth in Division VIII of this Article. 91.119. Permissible Exposure Limit (PEL). "Permissible Exposure Limit" (PEL) means the maximum permitted eight -hour time -weighted average concentration of an airborne contaminant. The maximum permitted time -weighted average exposures are set forth in 29 CFR 1910.1000, as it may be amended from time to time. 91.120. Person. "Person" means an individual, trust, firm, joint stock company, corporation, partnership, association or other business activity, Town, county, district, the State, any department or agency thereof, or the United States, to the extent authorized by law. 91.121. Portable Tank. "Portable tank" means any packaging over sixty (60) U.S. gallons capacity and designed primarily to be loaded into or on or temporarily attached to a transport vehicle or ship, and equipped with skids, mounting or accessories to facilitate handling of the tank by mechanical means. It does not include any cylinder having more than one thousand (1,000) pounds water capacity, cargo tank, tank car, tank or trailers carrying cylinders of over one thousand (1,000) pounds water capacity. 91.122. Reduced Flow Valve. "Reduced Flow Valve" means a valve Page 14 of 31 equipped with a restricted flow orifice and inserted into a compressed gas cylinder, portable tank or stationary tank that is designed to reduce the maximum flow from the valve under full -flow conditions. The maximum flow from the valve is determined with the valve allowed to flow to atmosphere with no other piping or fittings attached. 91.123. Regulated Materials. "Regulated Materials" are all materials, regardless of form (i.e., liquid, solid or gas) which meet the criteria established by Section 91.205, below. 91.124. Responsible Persons. "Responsible Persons" means permittees under this Article, owners, managers and persons responsible for the day-to- day operation of any facility subject to this Article. 91.125. Stationary Tank "Stationary Tank" means any packaging designed primarily for stationary installations not intended for loading, unloading, transport or attachment to a transport vehicle as part of its normal operation in the process of use. It does not include cylinders having less than one thousand (1,000) pounds water capacity. 91.127. Unauthorized Discharge. "Unauthorized Discharge" means releasing, spilling, leaking, pumping, pouring, emitting, emptying, injection, escaping, leaching, dumping or disposing of a regulated material into the environment, including any sewer, storm drain, ditch, drainage canal, lake, river or tidal waterway, surface water, ground water, land surface, sidewalk, street or highway, subsurface strata or ambient air except: (a) A "Federally Permitted Release" as that term is defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 UFC Section 9602(10), or pursuant to permit of the Bay Area Air Quality Management District, or waste discharge requirements of the San Francisco Bay Regional Water Quality Control Board or local wastewater pretreatment requirements for publicly owned treatment works; or, (b) The normal application of materials used in weed abatement, erosion control, soil amendment or similar application when used in accordance with manufacturer's instructions or nationally recognized standards. Division H. Special Provisions 91.200. General Provisions. This Article governs the storage, dispensing, use and handling of regulated materials. To the extent that the Page 15 of 31 application of this Article to the registration and use of pesticides is preempted by an express provision of an act of Congress or a statute adopted by the State Legislature, this Article does not apply. The provisions of Division II apply to all regulated materials, including Class I, Class II, Class III and minimum threshold quantities of regulated materials. 91.205. Regulated Materials. "Regulated Materials", including but not limited to gases, are those materials which meet the following criteria: (1) The materials fall under the definition of Class I, Class II or Class III, materials; and (2) The materials meet either of the following criteria: (a) They are shipped in compressed gas cylinders and the material is or becomes or acts as a gas upon release at normal temperature and pressure (68 ° Fahrenheit and 760 mm Hg); or, (b) The material is used or handled as a gas whether or not the material meets the definition of a compressed gas in Article 2 of the California Fire Code or 49 CFR Section 173.300(a). Materials which meet the foregoing criteria are subject to the provisions of this Article unless exempted by the Fire Chief or his designee based upon scientific evidence provided by a toxicologist or other professional. 91.210. General Obligation. No person shall cause, suffer or permit the storage, handling, use or dispensing of materials regulated by this Article: (1) In a manner which is contrary to a provision of this Article or any other Federal or State of local statute, code, ordinance, rule, regulation or standard ofperformance relating to materials subject to this Article; or, (2) In a manner which causes an unauthorized discharge or which imposes a significant risk of such unauthorized discharge. 91.215. Permits and System Upgrades. No person shall store, dispense, use or handle any regulated material in excess of an exempt amount at a Page 16 of 31 facility unless a compliance plan and a plan review fee have been submitted to the Fire Chief or his designee and a permit for the facility has been issued pursuant to Division X of this Article. The extent of system upgrades shall be determined by the following conditions: (1) If a building permit is required for a piping modification, then upgrading of the entire system for that gas shall be required. (2) If a building permit is not required for piping modification, such as for connecting an existing piping system to a new piece of equipment, then upgrading of the entire system shall not be required. 91.222. Closure. It shall be unlawful for any person to abandon, remove or close a facility or other area regulated by this Article until a closure plan has been submitted to and approved by the Fire Chief or his designee. A closure plan and a closure plan review fee as set by the schedule of fees as adopted by the Council shall be submitted by a responsible person to the Fire Chief or his designee at least thirty (30) days prior to facility closure. The property owner of the property upon which the regulated materials are stored shall be responsible for the closure in the event that the regulated materials are abandoned or when the permittee has not complied with all provisions of this section. The closure plan shall demonstrate to the satisfaction of the Fire Chief or his designee that regulated materials which are or have been stored, dispensed, handled or used in the facility will be transported, disposed of or reused in a manner consistent with public health and safety. The Fire Chief or his designee may waive all or part of the thirty (30) day period upon a finding of good cause. 91.225. Seismic Protection. Persons responsible for a facility with one or more stationary tanks and piping systems used for regulated materials shall cause such tanks and piping systems to be seismically braced in accordance with the provisions of the California Building Code. 91.230. Security. Responsible persons shall cause facilities where materials subject to this Article are stored, handled, dispensed or used to be secured against unauthorized entry. 91.235. Breathing Apparatus. In order to provide for immediate initial on -scene response i the event of an unauthorized discharge and to provide on - scene assistance to firefighters and other emergency response personnel, persons responsible for any facility where Class I or corrosive regulated materials are present shall provide minimum of two (2) self-contained Page 17 of 31 breathing apparatus. When self-contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment shall be provided for on -site emergency response personnel. The self-contained breathing apparatus or other protective equipment shall be suitable for use with the material present and shall be readily available to on -site emergency response personnel in a location that provides safety for those expected to don the apparatus. A "location that provides safety" is one which is not likely to be immediately affected by the release of a regulated material. 91.240. Incompatible Materials. Responsible persons shall cause regulated materials to be separated from other incompatible hazardous materials listed in Table 5108-A ofthe California Fire Code. Separation shall be maintained by one (1) hour fire -resistive construction or by the use of separate gas cabinets. Construction materials shall be compatible with the toxic gases they serve. Compatibility of construction materials shall be based on nationally recognized standards such as the National Association of Corrosion Engineers (NACE). 91.245. Leak Testing. Responsible persons shall cause containers of regulated materials to be tested for leaks immediately upon delivery and again immediately prior to departure of such containers from facilities. Testing methods shall be approved by the Fire Chief or his designee in accordance with appropriately nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected. 91.250. Protective Plugs and Caps. Responsible persons shall cause th protective plugs and caps of containers or regulated materials to be in place at all time sunless and until the material is properly placed into use. 91.255. Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, a responsible person shall prepare, or cause to be prepared, and filed with the Fire Chief or his designee, a written emergency plan. If the preparation of an emergency response plan is required by any other law, a responsible person shall file a copy of the plan with the Fire Chief or his designee. 91.257. Emergency Response Teams. If not required to do so by another law, a person responsible for a facility subject to this Article shall designate, or cause to be designated, an on -site emergency response team, wich shall be Page 18 of 31 composed of an adequate number of trained, responsible persons, and which shall serve as liaison to the fire department. Emergency response team members shall ascertain all on -site locations where regulated materials are stored, handled and used, and shall become familiar with the emergency response plan and the chemical nature of such regulated material, and shall act as facility liaison to the fire department and shall be prepared to respond in an emergency. 91.260. Emergency Drills. Responsible persons shall cause emergency drills of each on -site emergency response team to be conducted not less frequently than one (1) every three (3) months. Records of drills conducted shall be maintained at the facility for three (3) years and shall be made available for inspection upon request by the Fire Chief or his designee. 91.265. Annual Maintenance. Responsible persons shall cause all safety control systems at a facility to be tested not less frequently than annually and maintained in good working condition. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and test certifications shall be available to the Fire Chief or his designee upon inspection or request. 91.270. Flow -Limiting Orifices and Devices for Class I Materials. All containers of materials other than lecture bottles classified as Class I regulated materials and having a vapor pressure exceeding 29 psia, shall be equipped with a flow -restricting orifice, when commercially available. If a flow -restricting orifice 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. 91.275. Fire Extinguishing Systems. Except as provided in subsection "c" below, responsible person shall cause all interior and exterior use areas and all indoor storage areas and storage buildings to be protected from fire by automatic sprinkler systems. The design of the sprinkler system shall be not less than that required under the current edition ofNFPA 13 for ordinary hazard Group II with a minimum design area of three thousand (3,000) square feet. Where the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally recognized standards, the higher level of sprinkler system protection shall be provided. If the chemical properties of the regulated materials are such that the materials will be incompatible with the use of a sprinkler system, the Fire Page 19 of 31 Chief or his designee may require alternative forms of fire protection. Division III. Classification of Materials. 91.300. General. Regulated materials shall be classified as Class I, Class II, Class III or Mi. T.Q. materials as defined in Division I. 91.305. Exempt Amounts. Except as provided in paragraph two (2) below, any single regulated material which would otherwise be regulated is exempt from regulation under this Article if: (1) The aggregate quantity of any single regulated material in a control area or exterior storage does not exceed the Min. T.Q.; and, (2) The quantity of the material in a single vessel does not exceed the amounts specified as follows: i. One (1) pound; or, ii. A concentration below the Permissible Exposure Limit (PEL). (3) The aggregate quantity of all regulated materials in a control area or exterior storage does not exceed the exempt amounts specified in Article 80 of the currently adopted edition of the California Fire Code. Notwithstanding the exemption above, no amount of Class I regulated material is exempt from the provisions for "flow - limiting devices" and "fire extinguishing systems" found in Division II of this Article. 91.310. Calculations for Determining the Class of Mixtures. The LC50 value for mixtures containing regulated materials shall be calculated using the following formula: LC50 of Gas Mixture (ppm) = 1 (Molar fraction of toxic component) / (ppm LC, of toxic component) If more than one toxic component is present, the LC50 value shall be calculated using the following formula: LC50 of Gas Mixture (ppm) = 1 n A [(f) / (LC50 i=1 Page 20 of 31 Where f; is the mole fraction of the id' toxic component of the gas mixture and LC50i is the LC50 of the jib toxic component of the gas mixture. Division IV. Hazard Classification and Control Table 91.400. General. The requirements for controls for the use or indoor storage of regulated materials shall be cumulative as the hazard class of regulated material increases in accordance with the following table: HAZARD CLASSIFICATIONS AND CONTROLS HAZARD CLASSIFICATION HAZARD CONTROLS Class I Class II Class III Minimum Threshold Quantity Exempt Amounts Includes Division II, Class, I, Class II, Class III, minimum threshold quantity and exempt amount controls Includes Division II, Class II, Class III, minimum threshold quantity and exempt amount controls Includes Division II, Class III, minimum threshold quantity and exempt amounts controls Includes Division II, minimum threshold quantity and exempt amount controls Other applicable statutes, codes and ordinances All control equipment for materials regulated by this Article shall meet appropriate nationally recognized standards, if any, approved by the Fire Chief or his designee. Halogenated, non -carbon based gases may hydrolyze to their base mineral acid upon contact with moisture. Therefore, the monitoring and compatibility requirements of this Article shall apply to their decomposition products. Division V. Class I Controls 91.500. Class I Controls. Persons responsible for any facility where Class I materials are present shall comply with all of the requirements of Division II and Divisions V, VI, VII and VIII of this Article. Page 21 of 31 91.505. Piping. Piping for Class I materials shall be designed and fabricated from materials compatible with the material to be contained. Piping shall be of strength and durability sufficient to withstand the pressure, structural and seismic stress and exposure to which it may be subjected, as required by the California Building Code. Secondary containment shall be provided for piping for Class I materials. The secondary containment shall be capable of directing a sudden release into an approved discharge treatment system and shall be monitored continually with a continuous gas monitoring system approved by the Fire Chief or his designee. Secondary containment includes, but is not limited to, double walled piping. Secondary containment for piping under sub -atmospheric conditions may not be required if the piping is equipped with an alarm and cylinder fail -safe -to -close valve activated by a loss of vacuum. 91.510. Automatic Shutoff. An automatic shutoff valve which is of "fail- safe to close" design shall be provided. Each of the following shall activate automatic shutoff: (a) Gas detection at PEL in occupiable areas; at %2 IDLH (or 0.05 LC50 if no established IDLH) in unoccupiable areas; (b) Manual activation of emergency shutoff valves, from remote locations; (c) Failure of emergency power; (d) Seismic activity; Failure of primary containment; Activation of manual fire alarm; Failure of required exhaust flow ventilation rate. 91.515. Emergency Control Station. Signals from emergency equipment shall be transmitted to an emergency control station whish is continually staffed by trained personnel. Continual staffing shall not be required during periods when regulated materials have been purged from al process piping and equipment and are no longer being used of dispensed. Division VI. Class II Controls 91.600. Class II Controls. Responsible persons shall cause materials which are classified as Class I materials to be provided with the controls Page 22 of 31 fl specified in Division II and Divisions VI, VII and VIII of this Article. 91.605. Connections. Piping and tubing for Class II materials shall be installed in accordance with appropriate nationally recognized standards, if any, approved by the Fire Chief or his designee and shall have welded connections compatible with the regulated material throughout unless an exhausted enclosure is provided. Material which is not compatible with ferrous piping may be installed in nonferrous piping approved by the Fire Chief or his designee. Where connections other than welding connections meet appropriate nationally recognized industry standards, if any, a person responsible for a facility may seek an exception from the Fire Chief or his designee. A request for exception and a fee as set by the schedule of fees as adopted by the Council shall be filed with the Fire chief or his designee for approval. The request shall document the standards and reason for the exception. 91.610. Local Gas Shutoff Manual activation controls for local gas shutoff shall be provided at locations near the point of use and near the source, as approved by the Fire Chief or his designee. The Fire Chief or his designee may require additional controls at other places, including but not limited to the entry to the building, the area in the building where regulated materials are stored or sued and emergency control stations. Manually activated shutoff valves shall be of "fail-safe to close" design. 91.615. Emergency Power. Emergency power shall be provided for: (a) Exhaust ventilation, including the power supply for treatment systems; (b) Gas detection systems; (c) Emergency alarm systems; (d) Temperature control systems which comply with the California Fire Code. 91.620. Excess Flow Control. Portable tanks and cylinders containing Class II material shall be provided with excess flow control. Excess flow control shall be permanently marked to indicate the maximum design flow rate. 91.625. Gas Detection. A continuous gas detection system shall be provided to detect the presence of a gas at or below the permissible exposure Page 23 of 31 fl limit in occupiable areas and at or below '/Z IDLH (or 0.05 LC50 if no established IDLH) in unoccupiable areas. The detection system shall initiate a local alarm and transmit a signal to a continually staffed remote location ( to provide an immediate response to an 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. The audible alarm shall be distinct from all other on -site alarms. 91.630. Exhaust Ventilation Monitoring. 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, sue or handling area. 91.635. Seismic Shutoff Valves. A seismically activated valve meeting standards approved by the Fire Chief or his designee shall be provided for an automatic shutoff of regulated materials. 91.640. Class II Corrosives. Inert construction materials shall be used for the primary containment of Class II regulated materials which are corrosive. Alternatively, secondary containment shall be provided for Class II materials which are corrosive. 91.645. Emergency Alarms. When materials regulated by this Article are transported through exit corridors or exit enclosures, there shall be an emergency telephone system or a local manual alarm station or a signaling device approved by the Fire Chief or his designee at not more than one hundred fifty (150) foot intervals and at each exit doorway throughout the transport route. The signals shall be relayed to an approved central, proprietary or remote station service or a constantly attended on -site location and shall also initiate a local audible alarm. Division VII. Class III Controls 91.700. Class III Controls. Persons responsible for a facility shall cause materials which are classified as Class III materials to be provided with the controls specified in Division II and Divisions VII and VIII of this Article. 91.705. Piping, Valves and Fittings. Piping, valves, fittings and related components shall be designated and fabricated from materials compatible with the material to be contained. They shall have strength and durability sufficient to withstand the pressure, structural, seismic and any other stress and exposure to which they may be subjected. Expansion chambers shall be provided between valves whenever appropriate Page 24 of 31 n in accordance with nationally recognized standards approved by the Fire Chief or his designee. Chambers shall be sized to provide protection for piping, valves and instrumentation and to accommodate the expansion of regulated materials. 91.710. Signage. Stationary above -ground tanks shall be placarded with hazard identification signs as specified in the California Fire Code, Standard 79-3, for the specific material contained. Signs prohibiting smoking shall be posted in indoor storage, use and handling areas and within twenty-five (25) feet of outdoor storage, use and handling areas, except within buildings designated as "No Smoking" buildings and shall be as follows: (a) Signs shall not be obscured or removed. (b) Signs shall be in English and other languages as may be appropriate, as determined by the Fire Chief or his designee. (c) Signs shall be durable. (d) The size, color and lettering shall be in conformance with nationally recognized standards determined by the Fire Chief or his designee to be applicable to the regulated material. 91.715. Inert Gas Purge System. Gas systems for regulated materials shall be provided with individually dedicated inert gas purge systems (e.g., nitrogen, helium, argon and neon). A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet unless the system operates by vacuum demand. Division VIII. Minimum Threshold Quantity Controls 91.800. Minimum Threshold Quantity Controls. Responsible persons shall cause materials which do not exceed the minimum threshold quantity as defined in Section 91.118 to be provided with controls specified in Division II and Division VIII of this Article. 91.805. Exhaust Ventilation. Storage of cylinders shall be within ventilated gas cabinets, exhausted enclosures or within a ventilated separate gas storage room as defined in the California Fire Code. Storage of portable and stationary tanks shall be within a separate ventilated Page 25 of 31 room without other occupancy or use. If gas cabinets are provided, the room or area in which they are located shall have independent exhaust ventilation when properly exhausted cabinets are not utilized. Exhaust systems for gas cabinets, exhausted enclosures and separate gas storage rooms shall be designed to handle the accidental release of gas. Such exhaust systems shall be capable of diluting, absorbing, neutralizing, burning or otherwise processing the entire contents of the single tank or cylinder of gas which presents the highest potential hazard. Systems utilized for such processing shall be designed as treatment system, as described in Section 91.815 below. If a total containment system is utilized, the system shall be designed to handle the maximum anticipated pressure of release to the system when the system reaches equilibrium. 91.810. Gas Cabinets. When gas cabinets are proved, they shall be: (a) Operated at negative pressure in relation to their surrounding area; (b) Provided with self -closing limited access ports or fire - rated windows to give access to equipment controls. The average velocity of ventilation at the face of access ports or windows shall be not less than two hundred (200) feet per minute (FPM) with a minimum of one hundred fifty (150) FPM at any point of the access port or window; (c) Connected to a treatment system; (d) Provided with self -closing doors; (e) Constructed of steel with a thickness of not less than twelve (12) gauge. 91.815. Treatment Systems. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures or separate storage rooms. Treatment systems shall be designed to reduce the maximum allowable discharge concentration of the gas to one- half (%) IDLH (or 0.05 LC50 if no established IDLH) at the point of discharge to the atmosphere as specified below. When more than one gas may be emitted to the treatment system, the treatment system shall be designed to handle the worst -case release based on the release rate, the quantity and the IDLH (or 0.1 LC50 if no established IDLH) for all the gases stored or used. In the event that a revised IDLH is published, the Town shall establish a new timetable for existing facilities to upgade their treatment systems to meet the revised IDLH value. Page 26 of 31 n 91.820. Treatment Systems Sizing. Treatment systems shall be sized to process the worst -case release of each gas based on the maximum flow rate of release from the cylinder or tank utilized which presents the highest potential hazard. The entire contents of tanks and cylinders shall be considered. 91.825. Stationary Tanks. Stationary tanks shall be labeled with the maximum rate of release for the gas contained based on any valves or fittings that are inserted directly into the tank. If multiple valves or fittings are provided, the maximum flow rate of release for the valve or fitting with the highest flow rate shall be indicated. If liquified gases are in contact with any valve or fitting, the liquid flow rate shall be utilized for purposes of computation of the maximum flow rate of release. All flow rates indicated on the label shall be converted to cubic feet per minute of gas at normal temperature and pressure. 91.830. Portable Tanks and Cylinders. For portable tanks and cylinders, the maximum flow rate of release shall be calculated based on the actual release data or calculations using actual valve manufacturer's specifications. When this data is not available, the maximum flow rate of release shall be calculated based on the total release form the cylinder or tank within the time specified in the table below: NONLIQUIFIED LIQUIFIED CONTAINER (MINUTES) (MINUTES) Cylinders 5 30 Portable Tanks 40 240 When protable tanks or cylinders are equipped with approved reduced flow orifices in the cylinder valve, the worst -case release may be determined by the maximum achievable flow through the orifice as determined by the valve manufacturer or the gas supplier. Reduced flow and excess flow valves shall be permanently marked to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under standard conditions. Lettering shall be 1/4" high, minimum, and be in contrast to the color it is printed upon. When cylinders are manifolded together, the maximum release rate shall be the sum of the release rates for all of the manifolded cylinders. 91.835. Piping and Controls. All primary piping for regulated materials shall pass a helium leak test of 1 x 10-9 cubic centimeters / second where Page 27 of 31 practical, or other nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems. Division IX Exterior Storage. 91.900. General. Persons responsible for a facility where there is exterior storage of any regulated material shall comply with the provisions of Division II, Division III and Division IX of this Article and of the California Fire Code. 91.905. Distance Limitation to Exposure. Exterior storage of regulated materials shall not be within seventy-five (75) feet of a building, structure, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure which has a minimum fire -resistive rating of two (2) hours and which interrupts the line of sight between the storage and the exposure. The shielding structure shall be at least five (5) feet from any exposure. 91.910. Openings in Buildings Subject to Exposure. Notwithstanding Section 91.905, when an exterior storage area is located within seventy-five (75) feet of a building, openings into the building other than piping shall not be above the height of the top of the shielding structure referred to in Section 91.905 or within fifty (50) feet horizontally from the exterior storage area, whether or not protected by a shielding structure. 91.915. Air Intakes. No exterior storage area for regulated materials shall be within seventy-five (75) feet of any air intake. 91.920. Canopies. Portable tanks and cylinders stored outside of buildings shall be stored under a canopy constructed of noncombustible material. Such exterior storage shall not be considered indoor storage. An automatic fire sprinkler system, or alternative systems as determined by the Fire Chief or his designee for materials incompatible with water, shall be provided for canopies installed for the storage of regulated materials. 91.925. Stationary Tank Controls. Controls on stationary tanks shall be in accordance with the following: (a) Pressure relief devices shall be vented to a treatment system designed in accordance with the provisions of section 91.815 of this Article. (b) Where filling or dispensing connections are provided, they shall be provided with a means of local exhaust. Such Page 28 of 31 r-Th exhaust shall be designed to capture fumes and vapors. The exhaust shall be directed to treatment system designed in accordance with the provisions of Section 91.815 of this Article. (c) Stationary tanks shall be provided with a means of excess flow control on all tank inlet or outlet connections. Inlet connections that are designed to preclude backflow and pressure relief devices are exempt from this requirement. 91.930. Gas Cabinets for Leaking Cylinders. At least one (1) gas cabinet or exhausted enclosure shall be within or adjacent to the exterior storage area and connected to a treatment system as specified in Section 91.815 of this Article. A gas cabinet or exhausted enclosure need not be provided for leaking cylinders if all cylinders are stored within gas cabinets or exhausted enclosures and the exhaust is directed to a treatment system designed in accordance with the provisions of Section 91.815 of this Article. Encapsulating equipment or other equipment designed to contain high- pressure cylinders and their contents as approved by the Fire Chief or his designee shall be acceptable in meeting the intent of this section in lieu of gas cabinets or exhausted enclosures. 91.935. Local Exhaust for Leaking Portable Tanks. A means of local exhaust shall be provided to capture regulated material leaking from portable tanks. The local exhaust may consist of portable ducts or collection systems designed to be applied tot he site of a leak in a valve or fitting on the tank. The local exhaust system shall be connected to a treatment system as specified in Section 91.815 of this Article. A local exhaust system shall be provided within or immediately adjacent to every storage area and within separate gas storage rooms used for portable tanks. 91.940. Tank Cars and Piping. The provisions of this Article shall not apply to tank cars which meet the requirements of the U.S. Department of Transportation, while such tank cars are used for the transportation and unloading of regulated material, as such terms are used in the Hazardous Materials Transportation Act, 49 U.S.C. section 1801, et. seq. "Unloading" does not include the use of tank cars to store regulated materials. Division X Permit Process. 91.960. General. Responsible persons shall obtain and keep current a "regulated materials permit". The process and procedures set forth in the Page 29 of 31 California Fire Code as well as local hazardous materials storage ordinances shall govern regulated materials. Section 9.30.160. Protected Aboveground Tanks for Fuel -Dispensing Stations - Standards Section 4.1 of Appendix II-F of the Uniform Fire Code adopted in this Article is amended to read as follows: 4.1. General. Protected aboveground tanks shall be listed and shall meet the requirements specified in UFC Standard 79-7, UL 2085 and shall be labeled accordingly. Section 9.30.165. Protected Aboveground Tanks for Fuel -Dispensing Stations -Size Section 4.3 of Appendix II-F of the Uniform Fire Code adopted in this Article is amended to read as follows: 4.3. Size. Primary tanks shall not exceed a 2,000 gallon individual or 6,000 gallon aggregate capacity. Section 9.30.170. Fire Hydrant Locations and Distribution. Section 5 of Appendix III-B of the Uniform Fire Code adopted in this Article is amended to read as follows: Section 5. Distribution of Fire Hydrants. The average spacing between fire hydrants shall not exceed that listed in Table A-III-B-1. Exception: The maximum spacing of hydrants in commercial areas shall be 250 feet. Regardless of the average spacing, fire hydrants shall be located such that all points on streets and access roads adjacent to a building are within the distances listed in Table A-III-B-1. Section 9.30.175. Suppression and Control of Hazardous Fire Areas. Section 16.3 is added to Appendix II -A of the Uniform Fire Code adopted in this Article to read as follows: 16.3. Firebreak Vegetation. When brush or vegetation growth is Page 30 of 31 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 II This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos Gatos on , 1999 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meting of the Town Council of the Town of Los Gatos on , 1999. This ordinance takes effect 30-days after it is adopted, or filing with the California Housing and Community Development, whichever comes first. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:WTY\FIRE.ORD Page 31 of 31 ATTACHMENT A GENERAL FINDINGS 1. Climatic a Precipitation. The 1998 average winter rainfall was approximately 6.13 inches per year. b. Temperatures. The temperature has been recorded as high as 106 °F and as low as 22 °F. Average summer highs are in the 72 °F range and winter lows average 35°F. c. Winds. The prevailing winds are from the northwest at a man hourly speed of 6.5 miles per hour. Winter winds tend to be southerly. Winds are experienced from virtually every direction throughout the year. d. Climatic Summary. The Town's climatic conditions affect the acceleration, intensity and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to vegetation and combustible construction. The winds experienced in the Town of Los Gatos can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the downtown area. During structure fires, winds can and have carried embers and burning brands to other structures, thus spreading the fire and posing the risk of conflagration. In building fires, winds can literally force fires back into the building and create a blowtorch effect increasing the fire's intensity and speed of spread throughout the building. 2. Geological and Topographical a. Geographic Location. Los Gatos is located in the western foothills of Santa Clara County. Located 400 miles south of Los Angeles, 52 miles south of San Francisco, and 22 miles across the mountains to the ocean at Santa Cuz. b. Seismic Location. Located at the lower slope of the Santa Cruz Mountain range, centered on Los Gatos Creek, at the southwestern edge of the Santa Clara Valley, the San Andreas and Berrocal Fault run near the Town. Earthquake hazards are, and will continue to be, a major problem for both commercial and residential buildings. Geologic hazards, earthquake faults, unreinforced masonry buildings, other building types and high probability of future earthquakes all contribute to the Town's potential for earthquake probability. c. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases would pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources 1 would be seriously impacted and unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, (7) The concentration of combustible structures (wood frame) in the residential, hillside, and light industry zones. d. Topography. The topography is mountainous, dropping from an elevation of over 1400 feet to 400 feet. The approximate range of hillside versus flat land is 50 / 50. e. Geographical and Topographical Summary. The state local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Lying beneath the Town of Los Gatos are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on the damage caused in the Town by the 1906 and 1989 earthquakes and the poor performance of alluvial deposits during earthquakes, areas within the Town of Los Gatos could be subject to severe damage as a result of a major earthquake. 3. Related Town Information A. Size and Population. The Town has an area 13 square miles in size and a current population of approximately 31,000. B. Public Safety. The Town utilizes a Police department comprised of 81 employees and 41 sworn Officers utilizing all modern equipment. Fire Department services are provided by Santa Clara County Fire Department with four fire stations located throughout the Town. The Town's fire prevention philosophy holds that it is imperative that fire detection and suppression occur as quickly as possible to minimize loss of property and life. For these reasons the most advanced fire detection, alarm and suppression systems are required for most new construction within the Town. C. Traffic. The number of vehicle miles driven in the Town has steadily increased over the past 25 years. Commuters use State Highway 17, which runs through Town, to connect to State Highways 85, 101, 280 and 680. Considerable effort is being made to improve conditions which impact traffic in order to ease the crush of commuters through the Town. The impact of planned developments and traffic flow will continue to have an effect on the delivery of emergency services. D. Proximity of Industrial and Residential Uses. High density residential uses are located near high -risk industries, necessitating special health and safety precautions. 2 E. Transportation. The Town is divided by an interstate highway, which has potential to negatively affect response times of fire suppression equipment. The impact of planned developments and traffic flow will continue to have an effect on the delivery of emergency services. F. Industry Zoning. The Town has approximately 150 acres zoned for light and clean industry. There are two industrial zoned located in the the Town, L-M or C-M. G. Industry. The Town has manufacturing plans and research facilities. The leading products are electronic equipment, communication equipment and medical equipment. Many of these manufacturing and research industries use toxic, flammable and explosive chemicals and other materials in potentially hazardous combinations. Special precautions are required to minimize the risk of damage to adjoining persons and properties. H. Proximity of Industrial and Residential Uses. High density residential uses are located near high -risk industries, necessitating special health and safety precautions. The terrain in these areas is level, the drainage excellent and the subsoil is firm. Buildings, Landscaping and Clearances. Many of the Town's newer large buildings and building complexes are of designs, which greatly limit visibility and approach to and accessibility by Public Safety resources. Many houses and other buildings with wood roofs and/or sidings are so close together that fire can readily spread from one to the other. J. Water Supply. Water for residential and commercial uses within the Town is supplied by San Jose Water Company. The maximum supply capacity is approximately 244.93 million gallons per day (MGD). The average consumption is 114 MGD. Sizes of water mains range from six to 12 inches. K. Electric Power. The Town's residents, as well as commercial and industrial customers, are supplied with electric power from Pacific Gas & Electric Company. SPECIFIC FINDINGS In addition to changes justified on administrative grounds or by all of the general findings, several substantive sections are justified. Those sections are listed on Attachment 1. 3 ATTACHMENT 1 The following list of amendments are considered with the applicable climatic, geologic and topographic conditions. A. Section 204-C, Hazardous Materials Business Plan Definition is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.080. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, 4 (7) The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, areas of the Town could be subject to severe damage as a result of a major earthquake. B. Section 1003.202, Fire Extinguishing System for New Buildings, item 6 of the Uniform Fire Code is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.105. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (2) The extent of damage to the water system; (3) The extent of isolation due to bridge and/or freeway overpass collapse; (4) The extent of roadway damage and/or amount of debris blocking the roadways; 5 (5) (6) (7) (8) ('1 fTh- Climatic conditions (hot, dry weather with high winds); Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; The availability of timely mutual aid or military assistance; and, The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, areas of the Town could be subject to severe damage as a result of a major earthquake. C. Section 7901.13, Monitoring, is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.135. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: 6 (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, (7) The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, areas of the Town could be subject to severe damage as a result of a major earthquake. D. Section 7901.14, Flammable and Combustible Liquids -Containment is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.140. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. 7 Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, (7) The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, the Town of Los Gatos areas could be subject to severe damage as a result of a major earthquake. E. Article 91, Toxic Gases is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.155. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. 8 Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, (7) The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, areas of the Town could be subject to severe damage as a result of a major earthquake. F. Section 16.3, Suppression and Control of Hazardous Fire Areas is added to the Uniform Fire Code adopted by Town ordinance as section 9.30.175. Climatic Findings The local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the Town of Los Gatos area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the Town. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, which can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. Geologic and Topographic Conditions Seismic Location. The Town of Los Gatos is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The Town's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the Town sits near one active earthquake fault (San Andreas) and other potentially active faults, including the Berrocal Fault. 9 Seismic Events, Fire and Hazardous Material Releases. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in Los Gatos have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake: (1) The extent of damage to the water system; (2) The extent of isolation due to bridge and/or freeway overpass collapse; (3) The extent of roadway damage and/or amount of debris blocking the roadways; (4) Climatic conditions (hot, dry weather with high winds); (5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; (6) The availability of timely mutual aid or military assistance; and, (7) The concentration of combustible structures (wood frame) in residential, mercantile and light industry zones. Geographical and Topographical Summary The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire. Lying beneath Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on damage caused in Los Gatos by the 1906 and 1989 earthquake and the poor performance of alluvial deposits during earthquakes, areas of the Town could be subject to severe damage as a result of a major\earthquake. N:\ATYIFIRECODE.RES 10 RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING CERTAIN FINDINGS WITH RESPECT TO THE AMENDMENT OF CHAPTER 9 OF THE TOWN CODE WHEREAS: The Town of Los Gatos is adopting the Uniform File Code, 1998 Edition, with numerous changes and modifications. Section 13869.7 of the California Health and Safety Code provides that the Town may make changes to the provisions in the Uniform codes that are published in the 1998 California Fire Code. Further section 17958.5 of the Health and Safety Code enables changes or modifications in the requirements contained in the provisions published in the 1998 California Fire Code which are reasonably necessary because of local climatic, geological, or topographical conditions. RESOLVED: Council hereby finds that adopting a new Chapter 9 of the Town Code regarding fire prevention and protection, including provisions from the Uniform Fire Code, 1998 Edition is reasonably necessary because of local climatic, geological, and topographical conditions outlined on Attachment A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the day of , 1999, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1ATYIFIRECODE.RES TACHMENT .', INTERNAL TRACKING DEPTMENT: AGENDA ITEM: RESO/ORD NUMBER: DATE BY CERTIFIED COPY TO PLANNING PUBLISH IF REQUIRED - Date of Publication ORDINANCES ONLY WHEN SIGNATURE AND /s/ COPY (1 EACH) completed, SEND TO MAYOR for SIGNATURE 4 MAIL TO DISTRIBUTION LIST NO.of COPIES: PROOF OF MAILING PREPARED SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE POSTED CODIFICATION IF ORDINANCE ! clk: d 16:\other\ordres2 RESOLUTION 1999 - 158 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING CERTAIN FINDINGS WITH RESPECT TO THE AMENDMENT OF CHAPTER 9 OF THE TOWN CODE WHEREAS: The Town of Los Gatos is adopting the Uniform File Code, 1998 Edition, with numerous changes and modifications. Section 13869.7 of the California Health and Safety Code provides that the Town may make changes to the provisions in the Uniform codes that are published in the 1998 California Fire Code. Further section 17958.5 of the Health and Safety Code enables changes or modifications in the requirements contained in the provisions published in the 1998 California Fire Code which are reasonably necessary because of local climatic, geological, or topographical conditions. RESOLVED: Council hereby finds that adopting a new Chapter 9 of the Town Code regarding fire prevention and protection, including provisions from the Uniform Fire Code, 1998 Edition is reasonably necessary because of local climatic, geological, and topographical conditions outlined on Attachment A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 18th day of October, 1999, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Jan Hutchins MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1998 EDITION) Please take notice that the Town Council will hold a public hearing on November 22, 1999, at 7:30 p.m. in the Council Chambers of the town Hall located at 110 E. Main Street, Los Gatos, California, to consider a proposed ordinance regarding fire prevention and protection that adopts by reference a number of provisions of the Uniform Fire Code, 1998 edition. A copy of the proposed ordinance and Unform Fire Code and California Fire Cade are on file with the Town Clerk, located at 110 E. Main Street, Los Gatos, CA and available for inspection between 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. The proposed ordinance will update building and maintenance standards regarding fire safety and hazardous and toxic materials in the Town. PUB:LG10/27/99 & LG11/3/99 MEETING DATE: 10/18/99 ITEM NO. 24 DESK ITEM COUNCIL AGENDA REPORT October 18, 1999 T ' ` (7 n 14e 4 D_ DATE: I1,W TO:MAYOR AND TOWN COUNCIL Crn�RC_T- -bC FROM: ORRY P. KORB, TOWN ATTORNEY®v SUBJECT CHAPTER 9 REGARDING FIRE PREVENTION AND PROTECTION A. ADOPT RESOLUTION MAKING CERTAIN FINDINGS WITH RESPECT TO THE AMENDMENT OF CHAPTER 9 OF THE TOWN CODE B. INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE, 1998 EDITION) DISCUSSION: The Agenda Report dated October 11, 1999 erroneously referred to October 4, 1999 as the proposed adoption date of the ordinance. The correct date is November 15, 1999; therefore, recommendation 5 should read as follows: 5. Instruct Clerk to publish a notice and summary (Attachment 3) of the proposed ordinance twice in the Weekly -Times before the public hearing on November 15, 1999. Additionally, Attachment 3 to the Agenda Report stated that the public hearing was to be held on September 20, 1999. The attached Summary corrects the error to state that the public hearing will be held on November-15-1999. Attachments: 1. Summary of Ordinance for Publication PREPARED BY: ORRY P. KORB, TOWN ATTORNEY Reviewed by: OPK:LMB/wp (N:UTY\FIRECODE.DSKI anager Finance Revised: 10/18/99 3:12 PM Reformatted: 10/23/95 File# 301-05 Town Council Minutes Redevelopment Agency FIRE PREVENTION AND PROTECTION/ - INTRODUCTION OF ORDINANCE/RES Motion by Mr. Attaway, seconded by NI entitled, ORDINANCE OF THE TOE OF THE TOWN CODE REGARDIN INCLUDES PROVISIONS FROM "CI unanimously. The Town Clerk read the Title of the Motion by Mr. Pirzynski, seconded Ordinance. The Town Clerk will publish a noti. Weekly Times before the public la 2!N"imor Motion by Mr. Attaway, seconded entitled, RESOLUTION OF WITH RESPECT TO AMEND MIL 11--` unanimously. DOWNTOWN PARKING I MPROVE Mayor Hutchins stated that this presentation from Gordon H. Ckz items regarding parking improverz-u_ parking, and downtown parking ri-- Presentation by Gordon H. Chow 2 and Parking Lot 6. The following people from the Larry Arzie, Los Gates Porch, facilities and for the eliminatic› IL - Suazanne Frazer, 16 I_yndon structures --- structures that owners would b� before the constructicT n is initi- due to tenants needs and tl-IL construction. The qu stion of She asked if she cou ld view '— ground. Diane Carlson, 1583II Blossoi She asked that the st ructure % Rex Morton, 51 University the use of the private proper - Nina Alvarez, 100 Twin Oak an open feeling be lc ept for TC:D11:MM101899