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HomeMy WebLinkAboutAGENDA REPORT 2002 1002 CC REG ITEM 10BMOORPARK CITY COUNCIL AGENDA REPORT ITEM-10 - r3 . of =(ni ber A, A001 ACTION'.3 Q12MVe d LiZlk-- . B� TO: Honorable City Council FROM: Barry K. Hogan, Community Development DirecttnA�nalyst Prepared By: Laura Stringer, Senior Managem DATE: September 19, 2002 (CC Meeting of 10/2/02) U SUBJECT: Consider a Resolution Ratifying the Implementation of Appendix VII of Ventura County Fire Protection District Ordinance 24 within Jurisdictional Boundaries of the City of Moorpark BACKGROUND The State of California Health and Safety Code requires all jurisdictions to enforce the most recent editions of various building standards. Although the State requires the enforcement of certain standards, it allows the local jurisdictions to amend these standards in order to address local concerns. The State, however, does limit the local jurisdiction's ability to amend the prescribed building standards to amendments that are reasonably necessary for reasons relating to local climate, geology and topography. The Ventura County Fire Protection District proposes adoption of building standards more restrictive than those adopted by the State Fire Marshall and contained within the California Building Code. The California Health and Safety Code Section 13869.7 authorizes the Fire District to adopt such standards, but requires ratification by the legislative body where the standards apply. DISCUSSION The Resolution being presented to City Council ratifies Appendix VII of the Ventura County Fire Protection District Ordinance 24. Appendix VII adopts building standards relating to fire and life safety, which are more restrictive than those adopted by the State Fire Marshall and contained within the California Building Code. California law requires standards adopted by local jurisdiction that are more restrictive than those adopted by the S: \Community Development \Building \Fire Code \021002 cc agenda rpt.doc C '100&~1 ®? a Honorable City Council October 2, 2002 Page 2 State be enacted by Ordinance within 180 days after the State adopts and publishes the California Building Code. The Ventura County Fire Protection District has scheduled final adoption of Ordinance 24 for the October 1, 2002, Board of Supervisors meeting. Ratification of the Appendix VII of Ordinance 24 by the Moorpark City Council (local jurisdiction where the standards apply) is also required. The building standards contained in Appendix VII have been in effect since June 3, 1982, and are an integral part of the Fire District's Fire Protection Plan. These standards include requirements for fire sprinklers in buildings exceeding 5,000 square feet, exceeding three (3) stories in height, or more than five (5) miles from a fire station. There are additional requirements for emergency communication equipment in buildings more than three (3) stories in height. This new appendix chapter has modified requirements from the previous version including amending definitions to be consistent with the California Building Code. These modifications include amending definitions to be consistent with the California Building Code; referencing Article 90 to include standards for the installation of fire sprinkler systems; adding a requirement for the installation of fire sprinkler coverage in attached garage areas, and eliminating the requirement for installing fire walls in R -1 occupancies to reduce fire areas to less than 5,000 square feet; thus being more in line with new state requirements. Fire Protection District draft Ordinance 24 includes California Health and Safety Code Section 13869.7 required findings to support the need for more restrictive building standards based on the local climate, geological, or topographical conditions. STAFF RECObOMNDATION Approve Resolution No. 2002- ratifying Ventura County Fire Protection District Ordinance No. 24, Appendix VII pertaining to building standards for application with the jurisdictional boundaries of the City of Moorpark. Attachments: 1. Draft Resolution No. 2002- ratifying Ventura County Fire Protection District Ordinance No. 24, Appendix VII. 2. Draft Ventura County Fire Protection District Ordinance No. 24. RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RATIFYING VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 24, APPENDIX VII, PERTAINING TO BUILDING STANDARDS FOR APPLICATION WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF MOORPARK WHEREAS, the City of Moorpark lies within the jurisdictional boundaries of the Ventura County Fire Protection District; and WHEREAS, the Ventura County Fire Protection District has responsibility for fire protection within said jurisdictional boundaries; and WHEREAS, the Ventura County Fire Protection District did on October 1, 2002, adopt Fire Protection District Ordinance No. 24 adopting the 2000 edition of the Uniform Fire Code, including local amendments; and WHEREAS, Appendix VII of said amendments constitutes an amendment to building standards relating to fire and panic safety adopted by the State Fire Marshall and contained in the California Building Standards Code; and WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, amendments containing such building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council; and WHEREAS, said Appendix VII standards that have been in effect since June 3, 1982; and contains similar building and enforced within the City WHEREAS, the building standards contained within said Appendix are an integral part of the Ventura County Fire Protection District's fire protection response plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: CC ATTACHMENT 1 ° -, '0039 Resolution No. 2002 - Page 2 SECTION 1. CITY COUNCIL RATIFICATION: That the City of Moorpark ratifies, without modification, Appendix VII of Ventura County Fire Protection District Ordinance No. 24 to be effective within the jurisdictional boundaries of the City of Moorpark. SECTION 2. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 2nd day of October, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Building \Fire Code \021002 cc raticfication reso.doc ,, II-.01 f 0 ROUG#01?4� VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NUMBER 24 AN ORDINANCE OF THE VENTURA COUNTY FIRE PROTECTION DISTRICT ADOPTING BY REFERENCE THE UNIFORM FIRE CODE VOLUMES 1 AND 2 2( 000 EDITION), TOGETHER WITH THE APPENDIX CHAPTERS I -C, II -A THROUGH II -D; II -1, III -A THROUGH III-C, IV -A, V -A, VI -A, VI -C, VI -G THROUGH VI -K, WITH ADDITIONS, DELETIONS AND AMENDMENTS THERETO, AND TO REPEAL VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE 23. The Board of Directors of the Ventura County Fire Protection District ordains as follows: PART 1. ADOPTION OF UNIFORM FIRE CODE. For the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion or hazardous materials, that certain Code known as the Uniform Fire Code Volume 1 and Volume 2, including Appendix I -C, II -A THROUGH II -D; II -I, III -A THROUGH III-C, IV -A, V -A, VI -A, VI -C, VI -G THROUGH VI -K published by the Western Fire Chiefs Association being particular the 2000 editions thereof and the whole thereof, save and except such portions as are hereinafter added, deleted, modified or amended by Part 3 of this ordinance, are hereby adopted pursuant to Section 13869 of the California Health and Safety Code and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the Ventura County Fire Protection District. All articles, sections, and other headings shall be those of the Uniform Fire Code. Generally, each numbered portion of this code, such as Section 103.1.2, is deemed to be a separate section. An amendment to such a numbered portion amends only that section and does not, by omission of reference, delete any other section such as Section 103.1.2.1. An amendment to the Uniform Fire Code shall be made by ordinance amendment to the specific article, section or other heading involved. PART 2. REPEAL OF CONFLICTING ORDINANCES. All parts of Ventura County Fire Protection District Ordinance No.23 are hereby repealed. CC ATTACHMENT 2 T X1,3 91 A ' N& PART 3. AMENDMENTS TO THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects. Section 103.1.4 is amended to read as follows: 103.1.4 Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of all Fire District Ordinances with the exception of the provisions dealing with the abatement of combustible and flammable materials, there shall be and hereby is created a board of appeals consisting of five members who are qualified by experience and training to pass judgment upon pertinent matters. The Chief Administrative Officer shall provide staff services for the board. The board of appeals shall be appointed by the executive body and shall hold office at their pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the fire chief, with a duplicate copy to the appellant, and may recommend to the executive body such new legislation as is consistent therewith. The Board of Appeals shall hear all appeals and its decisions shall be final, except that in the case of appeals from governmental agencies, such agencies shall have the right to a review by the Board of Directors. A review by the Board of Directors shall be final. The fee for appeals shall be consistent with the Ventura County Building Code. Section 103.2.1.2 is amended to read as follows: 103.2.1.2 Fire department personnel and police. The chief, members of the fire prevention bureau and other representatives as designated by the chief shall have the powers of a peace officer in performing their duties under this code, and shall have the power to issue citations for violations of this code and any other ordinance of the Ventura County Fire Protection District. When requested to do so by the chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. Section 103.3.1.1 is amended to read as follows: 103.3.1.1. Authority to inspect. The chief, members of the fire prevention bureau and other representatives as designated by the chief shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the chief for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. 2 L I. k..` ' ii f 9 10 0-411 �j Section 103.3.2.1 is amended to read as follows: 103.3.2.1. General. Construction or work for which a permit or fire department approval is required shall be subject to inspection by the chief during construction or installation, and such construction or work shall remain accessible and exposed for inspection purposes until approved by the chief. Prior to operation, use or occupancy a final inspection shall be requested. No appliance, device, equipment, or system shall be operated or used until the installation has been approved by the chief. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant or contractor or both to cause the work to remain accessible and exposed for inspection purposes. Neither the chief nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Section 103.3.2.2 is amended to read as follows: 103.3.2.2 Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the chief that such work is ready for inspection. The chief is authorized to require that every request for inspection be filed not less than two working days before such inspection is desired. Such request may be in writing or by telephone at the option of the chief. It shall be the duty of the person requesting any required inspections to provide access to and means for proper inspection of such work. Section 103.4.1.3 is amended to read as follows: 103.4.1.3 Stopping Uses, evacuation. The chief is authorized to order an operation or use stopped, or the evacuation, of any premises, building or vehicle or portion thereof which has or is a hazardous condition or other situation which presents a hazard to life or property. Section 103.4.1.5 is added and reads as follows: 103.4.1.5 Stop Order. Whenever any work is being done contrary to the provisions of this Code, or in violation of the plans and specifications as approved by the chief, the chief may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the chief to proceed with the work. 3 #Ot1G1IO#4rr Section 103.4.4 is amended to read as follows: 103.4.4 Citations The Chief is authorized to issue a citation to persons operating or maintaining an occupancy, premises or vehicle subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so. Such persons shall be subject to the criminal sanctions set forth in Health and Safety Code Section 13871. Section 103.4.4.1 is added and reads as follows: 103.4.4.1 Compliance and Penalties. Any person who shall violate any of the provisions of this code or standards hereby adopted, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeals within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be subject to the criminal sanctions set forth in Health and Safety Code Section 13871. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 103.5 is added and reads as follows: 103.5 Plans Approved 103.5.1 Plans Approved. Except as otherwise determined by the chief, plans for the construction, alteration, repair, or conversion of buildings or portions thereof which are classified as Groups A, E, H, I, and R occupancies, except Group R Division 3 occupancies, shall be submitted to the Fire Prevention Bureau for review prior to obtaining a building permit. The Fire District shall check for compliance with state and local laws and regulations that relate to fire and life safety. Section 103.6 is added and reads as follows: 103.6 Expiration of documents submitted for Fire Department Approval 103.6 Expiration of documents submitted for Fire Department Approval Applications for which Fire Department approval is required and no fire department approval is given within 180 days following the date of application shall expire by limitation, and plans and other such submittals for review may thereafter be returned to the applicant or destroyed by the fire chief. The fire chief may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than 0 C If -1 3 � ROUGy p84pr once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new fee. Section 103.7 is added and reads as follows: 103.7 Expiration of Fire Department Approved Applications 103.7 Expiration of Fire Department Approved Applications Applications of which fire department approval has been given under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such approval is not commenced within 180 days from the date of such approval, or if the building or work authorized by such approval is suspended or abandoned at any time after the work is _ commenced for a period of 180 days. Before such work can be recommenced, a new approval shall be obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications of such work and provided further that such suspension or abandonment has not exceeded one year. In order to renew an action on an application of which fire department approval has expired, the applicant shall pay a new permit fee. Section 105.4 an exception is added and reads as follows: 105.4 Inspection Required. Before a permit is issued, the chief shall inspect and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by departments other than the fire department, joint approval shall be obtained from all departments concerned. EXCEPTION: An inspection is not required when approved by the Chief. Section 105.8 an exception is added and reads as follows: 105.8 Permit Required. A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions: EXCEPTION: With approval of the executive body, the chief may establish a rule in accordance with Section 101.4 that modifies when a permit is required. 5 Section 105.9 is added and reads as follows: 105.9 Sale or Delivery Without Permit. No person shall sell, deliver or cause to be delivered, any hazardous commodity to any person not in possession of a valid permit when such permit is required by the provisions of this code. Section 209 is amended to add: HELISPOT is a site used for helicopter landings and take -offs during emergency operations. Section 217 definition of "PERSON' is amended to read as follows: PERSON is a natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership whether general or limited, corporation, unincorporated association, union or organization, cooperative and trust, its or their successors or assigns, or the agent of any of the aforesaid. It shall include the plural as well as the singular number, the male and female gender, and all governmental entities subject in whole or in part to this Code and the codes adopted by reference herein. Section 901.4.4 is amended with new sections added to read as follows: 901.4.4 Premises identification. 901.4.4.1 General. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property and at additional locations on the building as required by the chief. Numbers shall contrast with their background. 901.4.4.2 Driveways. When required by the chief, additional numbers or addresses shall be provided adjacent to roads or driveways leading to buildings. 901.4.4.3 Directories. For complexes with multiple buildings the chief may require directories, premises maps and directional signs at approved locations. When deemed necessary by the chief, these signs, maps, etc., shall be illuminated. 901.4.4.4 Timing of Installation. When required by the chief, approved street or road signs and address numbers at the site shall be installed prior to combustible construction of any new building. Prior to occupancy of any new building, premises identification required by Section 901.4.4 shall be installed. 0 C r J ROUGHDgq17 Section 902.2.1 EXCEPTION 3 is amended to read as follows: 3. When there are not more than four Group R, Division 3, any Group U, and any building with a total floor area of 700 square feet or less, the requirements of Section 902.2.1 and 902.2.2 may be modified by the chief. Section 902.2.4.2 is amended to read as follows: 902.2.4.2 Closure of accessways. The chief is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, access to helispots or other accessways, not including public streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails, helispots and other accessways which have been closed and obstructed in the manner prescribed by Section 902.2.4.2 shall not be trespassed upon' or used unless authorized by the owner and the chief. EXCEPTION: Public officers acting within their scope of duty. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner. EXCEPTION: When authorized by the chief or performed by public officers acting within their scope of duty. Section 1003.1.3 is added and reads as follows: 1003.1.3 Identification. Fire department connections to sprinklers or standpipes shall be clearly identified in a manner approved by the chief. Section 1003.2.1 is amended and reads as follows: 1003.2.1 General. An automatic fire - extinguishing system shall be installed in the occupancies and locations as set forth in Section 1003.2 and Appendix VII. For provisions on special hazards and hazardous materials, see Section 1001.9 and Articles 79, 80 and 81. Table 1004 -A Footnote 2 is amended and reads as follows: 2 The standpipe system shall be combined with the automatic sprinkler system. 7 L ROUG1ID9qFr Section 1103.1 is amended to read as follows: 1103.1 General. Storage, accumulation, abatement, use and handling of combustible materials shall be in accordance with Section 1103. Section 1103.3.7 is added to read as follows: 1103.3.7 Combustible materials subject to spontaneous ignition. 1103.3.7.1 General. Combustible materials subject to spontaneous ignition shall be in accordance with Section 1103.3.7. 1103.3.7.2 Prevention of ignition. Materials shall be stored, handled, treated or monitored as necessary and in such a manner as to prevent ignition. 1103.3.7.3 Provisions for extinguishment. The owner or person responsible for such materials shall provide the necessary means to extinguish a fire should ignition occur. Piles shall be arranged in such a manner as not to exceed the capability of available resources to extinguish a fire in a single pile. Access for firefighting apparatus shall be provided when required by the chief. 1103.3.7.4 Location. When materials are located in, upon or adjoining any hazardous watershed fire area, clearance from combustible vegetation shall be in accordance with Section 1103.4 for buildings. Section 1103.4 is added to read as follows: 1103.4 Fire Hazard Abatement. 1103.4.1 Definitions. 1103.4.1.1 General. For definitions, see Article 2. 1103.4.1.2 Limited application. For the purpose of Section 1103.4 certain terms are defined as follows: Combustible Material includes seasonal and recurrent weeds, stubble, brush, dry leaves, tumbleweeds, rubbish, litter or flammable materials of any kind. Parcel is a portion of land of any size, the area of which is determined by the assessor's maps and records and may be identified by an assessor's parcel number whether or not any buildings are present. Public Nuisance is a declaration by the chief that the presence of combustible material on a parcel creates a fire hazard. 0 ! L` W" 'h' DRAFT 1103.4.2 Unlawful Disposal. Every person who places, deposits or dumps combustible material on a parcel whether or not he owns such parcel, or whether or not he so places, deposits or dumps on such parcel with the consent of the owner thereof, is subject to the criminal sanctions set forth in Health and Safety Code Section 13871. 1103.4.3 Clearance of Brush, Vegetative Growth and Combustible Material from Parcels. All parcels declared a public nuisance shall be cleared entirely of combustible material. If the chief determines this impractical, the provisions of Section 1103.4.4 may be used. 1103.4.4 Clearance of Brush or Vegetative Growth from Structures. Any person owning, leasing, controlling, operating or maintaining any building in, upon, or adjoining any hazardous watershed fire area, and any person owning, leasing or controlling any land adjacent to such buildings, shall at all times maintain around and adjacent to such building an effective firebreak made by removing and clearing away, all combustible material for a distance not less than 100 feet from all portions of the building. This section shall not apply to single specimens or stands of protected species of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting a fire from the native growth to any building. 1103.4.5 Prosecution. The chief shall serve a written order upon the owner or possessor of a parcel, when, in his opinion, a public nuisance exists thereon. The order shall direct such owner or possessor to remove or abate the public nuisance within ten days after such order is given. Every owner or possessor who fails or refuses to abate said public nuisance from such parcel within ten days after being served with such order is guilty of a misdemeanor. Evidence that the current assessment roll of the County shows real property assessed to a person shall constitute prima facia evidence that such person is the owner of such property. 1103.4.6 Clearance Upon Default of Owner or Lessee. 1103.4.6.1 Notice. The chief may, instead of, or in addition to, following the procedure set forth in Section 1103.4.5, cause a notice to be mailed. 1103.4.6.2 Mailed Notice. If a notice is mailed, the chief shall provide information specified in Section 1103.4.5 and shall include a description of the property according to that set forth on the County assessment roll, to the last assessee of the property at the address given on said roll. The chief shall also provide such notice, including the description, to the Clerk of the Board of Directors three days prior to the Board hearing. The notice shall be mailed at least ten days before the Board of Directors meets to hear the report of the chief regarding the alleged public nuisance. It shall be the responsibility of the owner of record in the current assessment roll to notify any new owner or possessor of the property of the notice that was received and forward the notice to the new owner or possessor of the property. It shall also be the responsibility of the current owner of record to notify the Fire District of this change in ownership on the form provided. W C' ".`v)"2�-) 1103.4.6.3 Hearing. At the time and place stated in the notices, the Board of Directors shall meet to hear the report of the chief and any objections thereto. The chief or his designated representative shall attend, inform the Board as to the alleged public nuisance, and supply the description of the parcel upon which it exists, the name and address of the last known assessee thereof, and state what has been done in order to give notice of the hearing according to the provisions of this code. The Board may continue the hearing from time to time as it sees fit. 1103.4.6.4 Clean -up Order. If, after a hearing, the Board of Directors finds that a public nuisance exists upon a parcel, the Board may direct the chief to abate the public nuisance. The Board shall maintain a record of its proceedings at such hearing and retain therewith the report of the chief and a description of such parcel and, where available, the name and address of its last known assessee. 1103.4.6.5 Abatement. If the Board of Directors directs the chief to abate a public nuisance, he shall proceed to abate such nuisance unless it has been completely abated before his agents arrive to begin such abatement. The chief may expend District funds for such abatement and may contract with a person or persons for such abatement. 1103.4.7 Collection of the Cost of Abatement 1103.4.7.1 Account of Expenses. The chief shall keep an account of his expenses when abating a public nuisance pursuant to an order by the Board of Directors and file the account thereof with the Board which shall include a description, according to the County assessment roll, of the parcel upon which such public nuisance existed and, when available, the name and address of the last known assessee. 1103.4.7.2 Confirmation of Expense Account. The account of expenses shall be maintained on file, open to public inspection, in the office of the Clerk of the Board of Directors for at least ten days before a hearing of the Board to confirm such account. Before the expiration of such ten days, any person may file a written request to be notified of such hearing. Upon confirmation, the Board shall mail notice to the address supplied for any such written request. At the time fixed for such hearing, the Board shall meet to hear any objections to the account of expenses filed by the chief. At such hearing the Board may make any modification in the amount it deems just, after which the account shall be confirmed. 1103.4.7.3 Special Assessment and Lien. The amount of expenses incurred by the chief for abating a public nuisance when confirmed by the Board of Directors shall constitute a special assessment against the parcel from which the said public nuisance was removed and a lien thereon for the amount of such assessment. 1103.4.7.4 Transmittal of Account. The Board of Directors shall deliver a copy of the account, as confirmed, to the Auditor of the County on or before the 10th day of August following such confirmation. 10 ROUGH DRAFT 1103.4.7.5 Inclusion of Assessment. The County Auditor shall enter the amount stated in the account as a special assessment against the parcel described in the account. The Tax Collector of the County shall include the amount of the assessment on the bill for taxes levied against the parcel. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such special assessments, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement, as confirmed, relating to such real property shall be transferred to the unsecured roll for collection. All special assessments collected shall be paid into the county treasury to be used on behalf of the Fire District. Section 1107.1 is amended to reads as follows: 1107.1 General. Heating appliances shall be installed and maintained in accordance with their listing and the Building, Electrical and Mechanical codes. Clearance from combustible material shall be maintained as set forth in the Building, Electrical and Mechanical codes and the product listing. Filters on heating equipment shall be checked periodically and kept clean and maintained in a safe operating condition. Section 1114 is added and reads as follows: Section 1114 -- Illegal Dumping No person shall place, deposit, or dump any ashes or combustible waste material in or upon any lands not approved for such use. Section 1303.1 is amended and reads as follows: 1303.1 General. Emergency plans, staff training and fire drills shall be provided in accordance with Section 1303. If provision in California Code of Regulations (CCR) Title 19 Section 3.09 conflict with provisions of Section 1303, the requirements in CCR Title 19 shall apply. Section 1303.3.3.2 is amended and reads as follows: 1303.3.3.2 Fire drills. Fire drills in Group E Occupancies shall be conducted as follows: 1. Frequency. Fire drills shall be conducted at least once each month during school sessions. 11 ROUGH DRAFT EXCEPTIONS: 1. During severe weather, fire drills may be postponed when approved. 2. For secondary level, fire drills may be conducted twice every school year. One fire drill shall be conducted within the first 30 days of a new school year. 2. Extent of evacuation. Fire drills shall include the complete evacuation of all persons from the building or portion thereof used for educational purposes. EXCEPTION: The staff member responsible for notifying the fire department and handling emergency communications. 3. Fire department notification. When required by the chief, the fire department shall be notified prior to each drill. 4. Initiation. When a fire alarm system is provided, fire drills shall be initiated by activation of the fire alarm system. Section 4901.2.2 add a definition for "cutting" to read as follows: Cutting is any process, including grinding, which produces sparks capable of igniting combustible or flammable materials. Section 5202.3.7 an exception is added to read as follows: 5202.3.7 Protected aboveground tanks. When approved, the storage and dispensing of motor fuels into the fuel tanks of motor vehicles from protected aboveground tanks located outside buildings are allowed in accordance with this section and Section 7902.1.9. EXCEPTION: Dispensing motor fuels from protected aboveground tanks is not allowed at automotive fuel dispensing stations open to the public for retail sales. Section 7902.1.3.2 is amended to read as follows: 7902.1.3.2 Label or placard. Tanks over 100 gallon (378.5L) in capacity permanently installed or mounted and used for the storage of Class 1, II, or 111 -A liquids shall bear the Department of Transportation Hazardous Material warning placards, which incorporates the four (4) digit commodity identification number within the placard. Placarding shall be in accordance with the Code of Federal Regulations Title 49. EXCEPTIONS: 1. Tanks of 300 gallons (1135.5L) capacity or less located on private property and used for heating and cooking fuels in single - family dwellings. 2. Tanks located underground. 3. When approved by the chief, tanks containing a commonly recognized product and labeled with the product name, such as "Gasoline" or "Diesel" need not be marked with the DOT placard. 12 i� Section 8001.6 is amended to read as follows: 8001.6 Material Safety Data Sheets. Material Safety Data Sheets (MSDS) shall be readily available on the premises for hazardous materials regulated by Article 80. The chief is authorized to require the Material Safety Data Sheets be kept in a key box at an approved location. See also Section 8001.3.2. Section 8001.8 is amended to read as follows: 8001.8 Signs. In addition to the hazard identification signs required by Section 8001.7, additional hazard identification and warning signs shall be provided as follows: 1. Stationary containers and tanks shall be placarded with hazard identification signs as specified in UFC Standard 79 -3 for the specific material contained. 2. Signs prohibiting smoking shall be provided in the following situations: 2.1 In rooms or areas where hazardous materials are stored or dispensed or used in open systems in amounts requiring a permit in accordance with Section 8001.3.1. 2.2 Within 25 feet (7620mm) of outdoor storage, dispensing or open -use areas. 3. Stationary aboveground tanks, pressure vessels and containers shall be placarded using the Department of Transportation Hazardous Material warning placards, which incorporates the four (4) digit commodity identification number within the placard. Placarding shall be in accordance with the Code of Federal Regulations Title 49. EXCEPTION: When approved by the chief, tanks containing a commonly recognized product and labeled with the product name, need not be marked with the DOT placard. Signs shall not be obscured or removed. Signs shall be in English as a primary language or in symbols allowed by this code. Signs shall be durable. The size, color, and lettering shall be in accordance with nationally recognized standards. Section 8003.1.16 is added and reads as follows: 8003.1.16 Enclosures. Two means of access shall be provided when an enclosure is provided on three or more sides of a hazardous material container, tank or storage area. The two points of access shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the enclosure. Each access shall be a minimum of three feet in width. When provided, the method of locking or securing the enclosure shall be approved by the chief. Article 86 is deleted. 13 ��, 0 v, HOp011Q4rr Aooendix III -A. Section 2 is amended to read as follows: Section 2 - DEFINITIONS For the purpose of Appendix III -A, certain terms are defined as follows: AGRICULTURAL BUILDING is a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. The California Building Code classifies this building as a Group U occupancy. FIRE AREA is the floor area, in square feet, used to determine the required fire flow. FIRE FLOW is the flow rate of a water supply, measured at 20 psi (137.9kPa) residual pressure, that is available for firefighting. When water supply tanks are approved for use, the flow rate of a water supply may be at draft. GREEN HOUSE is an agricultural building used for the growing of plants. It shall include other structures also known as hothouses, coldframes and other similar specialty categories. It shall include construction materials of glass, rigid plastic, flexible plastic, masonry, wood, metal and concrete. ISOLATED RESIDENTIAL is a single Group R, Division 3 dwelling on a parcel of land of 5 acres or more in size where no building is closer than 100 feet to the nearest building on any adjacent parcel. Appendix III -A, Section 5 is amended to read as follows: SECTION 5 -- FIRE -FLOW REQUIREMENTS FOR BUILDINGS 5.1 One- and Two - Family Dwellings. The minimum fire -flow and flow duration requirements for one- and two- family dwellings and U -1 private garages shall be 1000 gallons per minute (3785.4 L /min.) for two hours. EXCEPTIONS: 1. A reduction in required fire -flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. 2. Isolated residential lots and existing residential parcels in existence prior to October 7, 1980, fire -flow for buildings may be reduced to 500 gallons per minute. 3. Buildings on residential parcels in existence prior to October 7, 1980, where there is no water purveyor or the water purveyor's current system can not meet fire -flow or duration requirements without excessive system modifications, an on -site water storage tank may provide the fire protection water supply when the building has an approved automatic sprinkler system. The location, capacity, connections and other appurtenances of the tank shall be approved by the chief. 4. Buildings on residential parcels created after October 7, 1980, where there is no water 14 purveyor or the water purveyor certifies the system cannot provide the required fire -flow or duration, the provisions of Exception 3 may be utilized. 5. Buildings classified as Group R, Division 3 Occupancies with a total fire area of 700 square feet or less are not required to provide fire -flow. 5.2 Buildings other than One- and Two - Family Dwellings. The minimum fire flow and flow duration for buildings other than one- and two - family dwellings shall be as specified in Table No. A- III-A-1. When approved by the Chief the following exceptions may be applied. EXCEPTIONS: 1. A reduction in required fire flow of up to 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire -flow shall not be less than 1250 gallons per minute (4731.3 L /min.). - 2. In rural areas where there is no water purveyor or the water purveyor certifies the system can not provide the required fire -flow or duration, and the building is protected by an approved automatic sprinkler system, the provisions in NFPA 13 for combined inside and outside hose lines may be utilized to determine fire -flow and duration. The location, connections and other appurtenances of tanks shall be approved by the chief. 3. Buildings classified as Group U, agricultural buildings used as barns, storage structures, stables, poultry buildings and other similar uses with a total fire area of 1500 square feet or less are not required to provide fire -flow. 4. Buildings classified as Group U, agricultural buildings used as greenhouses, horticultural structures, nurseries and similar uses with a total fire area of 3000 square feet or less are not required to provide fire -flow. 5. For buildings classified as Group U, not exempt from fire -flow requirements by Exceptions 3 or 4, shall provide a minimum fire -flow of 500 gallons per minute for a minimum two (2) hour duration. Where there is no water purveyor or the water purveyor certifies the system can not provide the required fire -flow or duration , an on -site water storage tank and shall be provided. The tank capacity, location, connections and other appurtenances of tanks shall be approved by the chief. 6. Buildings with a total floor area of 700 square feet or less are not required to provide fire -flow. Appendix VII is added to read as follows: APPENDIX VII FIRE PROTECTION SYSTEMS Section 1. Definitions A. Automatic Fire Extinguishing System - as defined in the California Building Code. B. Basement - as defined in the California Building Code. C. Building, Existing is any building for which the original application for permit under which the building was constructed was accepted by Building and Safety before June 3, 1982. D. Building, New is any building for which the original application for permit under which the building was constructed was accepted by Building and Safety on or after June 3, 1982. 15 0, ROpgp�� E. Mezzanine - as defined in the California Building Code. F. Floor Area - as defined in the California Building Code. G. Story - as defined in the California Building Code. H. Total Floor Area - is the combined floor area of all stories, mezzanines and basements for the entire building. Section 2. Automatic Fire Extinguishing Systems. A. General. New and existing buildings including additions thereto shall have automatic fire extinguishing systems installed in accordance with Appendix VII,Section 1003 and Article 90. For the purpose of this section, area separation walls shall not be considered as - creating separate buildings. In addition to requirements of UFC Standard 10 -4 sprinklers shall be installed in garages. B. New Buildings. An automatic fire extinguishing system shall be installed in all new buildings. EXCEPTIONS: 1. Buildings where the total floor area is 5,000 square feet or less and the building is not more than three stories or the floor level of the top most story is 48 feet or less above the lowest level of fire department vehicle access. 2. Group U Occupancies when approved by the Fire Chief and the Building Official. C. Additions and Modifications to Buildings. An automatic fire extinguishing system shall be installed throughout new and existing buildings (including areas not previously protected by an automatic fire extinguishing system) when the total floor area of the building after the addition or modification is more than 5,000 square feet or increases the height to more than three stories. EXCEPTIONS: 1. An automatic fire extinguishing system is not required for additions or modifications to buildings if after the addition or modification Section II- B does not required the building to be protected as a new building. 2. Additions or modifications to buildings where the occupancy classification is other than a Group R, Division 3 and the addition or modification is 25% or less of the total floor area prior to the addition or modification. 3. Additions or modifications to buildings classified as Group R, Division 3 including attached U -1 private garages, and the addition or modification is 50% or less of the total floor area prior to the addition or modification. Additions or modifications, where the application for building permit is submitted prior to the final inspection of previously issued building permit shall require the installation of an automatic fire extinguishing system throughout (including areas not previously protected by an automatic fire extinguishing system) when the addition or modification increases the total floor area of the building to more than 5,000 square feet. 16 Section 3. Emergency Communications Equipment A. General. An Emergency Voice Alarm Signaling System and Fire Department Communication System which conform to the California Building Code Section 403.5, shall be installed in buildings which exceed three stories or where the floor level of the top most story exceeds 48 feet above the lowest level of fire department vehicle access. B. Maintenance. Emergency communication equipment shall be subject to annual inspection and testing in accordance with nationally recognized standards approved by the chief. Deficiencies shall be repaired. Section 4. New Buildings in Remote Locations General. An automatic fire extinguishing system shall be installed in all new buildings located more than five miles from the nearest existing or planned fire station, which employs or will employ full time paid firefighters. EXCEPTION: 1. Group U Occupancies when approved by the Fire Chief. 2. Any building with a total floor area of 700 sq feet or less. Section 5. Inspection and Enforcement A. General. The provisions of this appendix shall be enforced by the Ventura County Fire Protection District. B. Plans and Specifications. Plans, calculations, diagrams, specifications and testing procedures for proposed automatic fire extinguishing systems and emergency communication systems which conform to adopted standards shall be submitted for approval by the Ventura County Fire Protection District prior to installation. C. Inspections. Fire extinguishing systems and emergency communications systems required by this Appendix shall be inspected during installation at intervals adopted by nationally recognized standards. Such inspections shall be conducted by designated members of the Ventura County Fire Protection District. Section 6. Maintenance of Area Separation Walls A. Area separation fire walls used to create fire areas less than 5000 square feet in buildings, for which the original application for permit under which the building was constructed was accepted by Building and Safety before November 1, 2002 shall be maintained as approved area separation fire walls with no openings. 17 4vI,'# "'� i -"P, at R011011ORWr Section 7. Penalties and Citations A. Penalties. Any person, firm or corporation failing to comply with any of the provisions of this Appendix, or who fail to comply with any order made thereunder, or shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder, or who fails to comply with such an order as affirmed or modified by the Board of Appeals, shall severally for each and every such violation be subject to the criminal sanctions set forth in Health and Safety Code Section 13871. Each ten days or portion thereof during which any such violation is committed or continued shall constitute a separate offense. B. Citations. Any person, firm or corporation subject to the provisions of this Appendix, who fail to comply with the requirements of said Appendix when ordered or notified to do so by the Fire Chief shall be subject to the criminal sanctions set forth in Health and Safety Code Section 13871 and subject to citation. Section 8. Appeals General. Any aggrieved party may appeal any decision of the Fire Chief regarding interpretation of this Appendix to the Fire District Board of Appeals, as established by amended Section 103.1.4, within thirty days from the date of the decision to be appealed. Section 9. Findings A. General. After due consideration the Board of Directors of the Ventura County Fire Protection District hereby finds that due to local climatic, geologic and topographic conditions as stated in this section, that modifications and changes to the current California Building Code are reasonably necessary to provide sufficient and effective protection of life, health and property. B. Climatic. Ventura County experiences periods of high temperatures, accompanied by low humidity and high winds each year. These conditions create an environment in which the Fire District commits large numbers of fire fighting resources to the control and extinguishment of wildland fires. During such periods, the limited available firefighting resources may have great difficulty in controlling fires in structures not having built -in fire protection. C. Geological. Ventura County is in a potential high activity seismic zone. After a large seismic event, the potential for multiple fires occurring simultaneously will tax available firefighting resources. Built -in fire protection will assist in extinguishing or controlling fires in larger structures which will increase the availability of firefighting resources after seismic activity. D. Topographical. Ventura County has rural areas that are in high fire hazard areas. Due to topography, access to structures in rural areas increases response time and delays fire suppression efforts. An extended response time will allow fires to grow beyond the control im Np110HD�R of initial attack fire suppression resources. Large structure fires in the hillside areas will have a greater likelihood of starting a wildland fire which may expose additional structures to fire. Therefore, built -in fire protection is required in all structures more than five miles from a fire station. Section 10. Ratification A. General. Before Appendix VII is effective in the County of Ventura or in a city within the Fire Protection District, the legislative body of the County or of the city shall ratify Appendix VII in accordance with California Health and Safety Code Section 13869.7. B. Effective Date. Appendix VII shall be effective 30 days from the date of final passage of Ordinance 24 or November 1,2002 which ever is later, and pursuant to Health and Safety Code Section 13869.7 , subdivision (c), upon ratification by the legislative body of the County of Ventura and /or of any city where the ordinance will apply. 19 RppGy�� PART 4. EFFECTIVE DATE This ordinance shall be effective 30 days from the date of its final passage or November 1, 2002, which ever is later. In addition, upon ratification by the legislative body of the County of Ventura and of any city where Appendix VII will apply, pursuant to Health and Safety Code Section 13869.7 subdivision (c), Appendix VII shall be effective upon the effective date of the ordinance or upon said ratification, whichever is later. PASSED AND ADOPTED this day of following vote: AYES: Directors NOES: ABSENT: ATTEST: JOHN F. JOHNSTON Clerk of the Board of Supervisors, County of Ventura, State of California, By Deputy Clerk of the Board 2002, by the CHAIR, BOARD OF DIRECTORS 20 .'.� �