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Ord 648 ORDINANCE NO. 648 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 15.24, THE POWAY FIRE CODE, WHICH ADOPTS BY REFERENCE THE CALIFORNIA FIRE CODE, 2001 EDITION, AND CHAPTER 9.12 OF THE POWAY MUNICIPAL CODE CONCERNING FIREARMS, FIREWORKS AND EXPLOSIVES WHEREAS, Chapter 15.24 of the Poway Municipal Code is the Poway Fire Code, which adopts by reference the California Fire Code; and, WHEREAS, Chapter 15.24 currently adopts by reference the 1994 version of the Uniform Fire Code; and WHEREAS, there is a need to amend Chapter 15.24 in order to adopt by reference the 2001 edition of the California Fire Code, and to make other minor changes to the Chapter; and WHEREAS, Chapter 9.12 of the Poway Municipal Code is the firearms and explosives code; and WHEREAS, there is a need to amend Chapter 9.12 in order to amend and clarify the definition of "explosives" for purposes of that Chapter; and WHEREAS, on December 19, 2006, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: Chapter 15.24 is hereby amended as follows: 15.24.010 Adoption of Uniform Fire Code. The City of Poway adopts by reference the 2001 edition of the California Fire Code, Volumes 1 and 2, which incorporates the 2000 Uniform Fire Code Volumes 1 and 2, including Appendix Divisions I, II, III, IV, V and VI, save and except such portions that are deleted, modified, or amended by this chapter. One copy of the above mentioned code and standards has been and is now filed in the office of the City Clerk or the Fire Marshal, City of Poway, and the same are adopted and incorporated as fully as if set out at length herein, and from the effective date of the ordinance codified in this chapter, the provisions thereof shall be controlling within the limits of the City of Poway. Ordinance No. 648 Page 2 15.24.030 Definitions. A. Wherever the term "Chief of the Division of fire prevention" is used in the California Fire Code, it means "Fire Marshal". B. Wherever the term "Corporation Counsel" is used in the California Fire Code, it means City Attorney for the City of Poway. C. Wherever the word "jurisdiction" is used in the California Fire Code, it means the jurisdictional boundaries of the City of Poway. 15.24.040 Limits for bulk storage of liquefied petroleum gases The provisions of Section 8204.2, in which the storage of liquefied petroleum gas storage in excess of two thousand (2,000) gallons is prohibited, are established as the jurisdictional limits of the City of Poway. 15.24.050 Storage of explosives and blasting agents prohibited. The provisions of Section 7701.7.2, in which storage of explosives and blasting agents is prohibited, are established as the jurisdictional limits of the City of Poway. 15.24.060 Rules, regulations, and policies. Article 1 is amended by modifying Section 101.4 to read as follows: Section 101.4 Supplemental Rules, Regulations and Policies Section 101.4.1 The Chief, with the approval of the Poway City Council, is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this code. Section 101.4.2 The Chief may develop such policy decisions as he or she deems appropriate regarding interpretation of this code and the standards it references, based on his or her own experience and knowledge and such references as National Fire Protection Association publications, Factory Mutual Engineering Corporation, Insurance Services Office, and similar sources. Decisions may be developed on a case- by-case basis, but when general in nature shall be summarized in writing, and may be obtained from the Fire Marshal. Section 101.4.3 A minimum of one signed copy of such rules, regulations and policies shall be filed in the administrative offices of the fire department, and shall be in effect immediately thereafter, and additional copies of policies shall be kept in the office of the Fire Marshal for review by the public. Ordinance No. 648 Page 3 15.24.070 Appeals - Section 103.1.4 deleted. Section is deleted. Appeals are governed by Section 15.24.440 of this chapter. 15.24.080 Cost recovery for emergency responses. Section 104 is amended by adding Section 104.4. Section 104.4 COST RECOVERY Section 104.4.1 Purpose. The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expenses of any emergency response and/or enforcement action by the City of Poway Fire Department to protect the public from fire or hazardous substances. Section 104.4.2 Reimbursement required. In accordance with Health and Safety Code sections 13000 through 13009, and any amendments thereto, an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurred. Section 104.4.3 In accordance with Government Code Sections 53150 through 53159, and any amendments thereto, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence proximately causes any incident and thereby requires the agency to provide an emergency response shall be liable for reimbursement to the agency for the costs incurred. 15.24.090 Permits. A. Section 105.2.1 Condition of Permits. Section 105 is amended by adding the following language to Section 105.2.1: Permits, as required by the Chief, are obtained from the Fire Prevention Division. An application approved by the Chief and the payment of a permit fee shall be required for such a permit. Such permit fees shall be established by resolution of the City Council. B. Section 105.8, Permits, is modified as follows: 1. Add c.10. Christmas Tree Lots. To operate a Christmas tree lot with or without flame proofing services. 2. Add c.11. Compressed Natural Gas Dispensing. To conduct a compressed natural gas dispensing operation, whether private or open to the public. Ordinance No. 648 Page 4 3. Add 1.4. Liquid Petroleum Gas Dispensing. To construct and conduct a liquid petroleum gas (LPG) dispensing operation, whether private or open to the public. 15.24.100 Definition - "Life safety" sprinkler system. Section 213, Definitions, is modified by adding: "Life Safety" sprinkler system shall meet NFPA Standards 13-0 or 13-R, as appropriate. 15.24.110 Definition - "Property protection" sprinkler system. Section 217, Definitions, is modified by adding: "Property Protection" sprinkler system shall meet Uniform Building Code standard 9-1. 15.24.140 Premises identification. Section 901.4.4, Premises Identification, is modified to read: Section 901.4.4.1 Street numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and shall meet minimum department standards as to size. Additional numbers shall be required on rear access doors to commercial structures where deemed necessary by the Fire Marshal. Minimum size numbers shall be four inches (4") for single-family dwellings, and six inches (6") for multi-family dwellings. Commercial buildings shall be six inches (6") minimum and eighteen inches (18") maximum height. Industrial buildings shall be eighteen inches (18") minimum and twenty-four inches (24") maximum height. Section 901.4.4.2 Roof numbers. When required by the Chief, roof numbers shall be installed meeting current fire department standards deemed necessary by the Chief. Section 901.4.4.3 MaplDirectory. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such projects exceed fifteen (15). Ordinance No. 648 Page 5 15.24.150 Response map updates. Section 901 is modified by adding: Section 901.4.6 Response Map Updates. Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services, and the developer shall be charged a reasonable fee for the cost of updating all response maps. 15.24.170 Fire apparatus access roads - Specifications. Section 902.2.2 Fire Apparatus Access Roads. Specifications, is modified to read: Section 902.2.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty (20) feet and an unobstructed vertical clearance of not less than thirteen feet, six inches (13', 6"). EXCEPTION: A fire access roadway providing access to two or less single-family dwellings shall not be less than sixteen feet (16') in width. When the dwelling is protected by a residential fire sprinkler system, the driveway may be reduced to twelve feet (12'). Vertical clearances or width shall be increased when, in the opinion of the Chief, vertical clearances or widths are not adequate to provide fire apparatus access. Section 902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an approved surface so as to provide all-weather driving capabilities. When deemed necessary in the opinion of the Chief, an all-weather driving surface shall mean asphalt or concrete surface. Section 902.2.2.3 Turning Radius. The turning radius of a fire apparatus access roadway shall be as approved by the Chief. Section 902.2.2.4 Dead Ends. All dead-end fire access roads in excess of one hundred fifty feet (150') in length shall be provided with approved provisions for the turning around of emergency apparatus. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two structures. Minimum unobstructed paved radius width for a cul-de-sac shall be thirty-eight feet (38') in residential areas. The Fire Chief shall establish a policy identifying acceptable turnarounds for various project types. Section 902.2.2.5 Bridges. When a bridge is required to be used as part of a fire apparatus access road, it shall be constructed and maintained in accordance with nationally recognized standards. See Article 90, Standard A 1.1. The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Bridges Ordinance No. 648 Page 6 shall comply with American Association of State Highway and Transportation Officials (AASHTO) HS 15-44. Vehicle load limits shall be posted at both entrances to bridges when required by the Chief. Section 902.2.2.6 Grade. The gradient for a fire apparatus access roadway shall not exceed twenty percent (20%). Grades exceeding fifteen percent (15%) (incline or decline) shall not be permitted without mitigation. Minimal mitigation shall be the installation of fire sprinkler systems appropriate to the structures and uses served. The Chief may require additional mitigation measures where he or she deems appropriate. The angle of departure and angle of approach of a fire access roadway shall not exceed the maximum approved by the Chief. Roadway design features (speed bumps, speed control dips etc.), which may interfere with emergency apparatus responses, shall not be installed on fire access roadways, unless they meet design criteria approved by the Chief. Section 902.2.2.7 Gates. Section 902.2.2.7.1 All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief and receive specific plan approval. Section 902.2.2.7.2 All automatic gates across fire access roadways shall be equipped with approved emergency key-operated switches that override all command functions and open the gate(s). Section 902.2.2.7.3 Gates accessing more than four residences or residential lots shall be automatic and shall also be equipped with approved emergency traffic control-activating strobe light sensor(s) or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. Section 902.2.2.8 Secondary Access. The Chief may require one or more secondary means of fire apparatus access to a project, development, or area where he or she deems that such access is necessary for emergency operations and/or evacuation. Secondary access must be remote from the primary access and must meet all provisions of this section. Ordinance No. 648 Page 7 15.24.180 Key boxes. Section 902.4, Key Boxes, is modified by labeling existing text as Section 902.4.1. and adding: Section 902.4.1 When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the Chief is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the Chief and shall contain keys to gain necessary access as required by the Chief. Section 902.4.2 Emergency Key Access. All central station-monitored fire detection systems and fire sprinkler systems shall have an approved emergency key access box on site in an approved location. The owner or occupant shall provide and maintain current keys for the structure(s) for fire department placement in the box and shall notify the fire department in writing when the building is re-keyed. 15.24.190 Closure ofaccessways. Obstruction. Section 902.2.4.2 is modified to add: Obstruction. Vehicles shall not be parked in a manner which obstructs the full width of the entrance to roads, trails, or other accessways, which have been closed and obstructed in the manner prescribed by this section. No other obstructions may be placed or allowed to remain in such locations. 15.24.200 Type of water supply. Section 903.3, Type of Water Supply, is modified to read: Section 903.3.1 General. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed systems capable of providing the required fire flow in a reliable manner. In setting the requirements for the fire flow, the Chief may be guided by Appendix III of this code or by the standard published by Insurance Services Office, Guide for Determination of Required Fire Flow. Section 903.3.2 Water Storage Tanks. Water storage tanks, when permitted by the Chief, shall have a minimum 10,000-gallon water capacity. Increased water tank capacity may also be required by the Chief, depending on the square footage of the structure and/or the severity of the potential fire risk. 1. Tank elevation shall be at a location higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will insure that the tank contains the designated amount of water for fire flow duration as determined by the fire department. Tank size may be increased to serve multiple structures on a single parcel. 2. Supply outlet shall be at least four inches (4") in diameter from the base of the tank to the point of outlet at the fire department connection. The minimum Ordinance No. 648 Page 8 configuration for the fire department connection shall be at least one (1) two and one- half inch (2 1/2") National Standard Thread male. Additional outlets or one inch (4") National Standard Thread male may be required. 3. Location of fire department outlet to be determined on the plot plan when submitted to the fire department. Consideration will be given to topography, elevations, distance from structures, driveway access, prevailing winds, and other similar factors. 4. The outlet shall be located along an access roadway and shall not be closer than fifty feet (50') nor further than one hundred and fifty feet (150') from the structure. 5. All exposed tank supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided. 6. Water storage tanks shall be constructed from materials approved by the Fire Marshal and installed per manufacturer recommendations. 7. The Chief may require any necessary information to be submitted on a plot plan for approval. 8. Vessels previously used for products other than water shall not be permitted. 15.24.210 Fire hydrants systems. Section 903.4.2 is modified to read: Section 903.4.2.1 Required Installations. The location, number, and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public/private street or on the site of the premises or both to be protected as required and approved by the Chief. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 902.2. For fire safety during construction, alteration, or demolition of a building, see Section 8704.3. Section 903.4.2.2 Fire Hydrant Locations. Fire hydrants shall be installed as required by the Chief, using the following criteria and taking into consideration departmental operational needs. Hydrants shall be located at intersections and intervals identified in the following table and criteria. Hydrants located across heavily traveled roadways shall not be considered as serving the subject property. Section 903.4.2.2.1 In zones other than industrial, commercial and multi-family, fire hydrants shall be installed in accordance with Table No. 903.4.2.2.1-A. Distance requirements are measured to the structure. Table No. 903.4.2.2.1-A Ordinance No. 648 Page 9 Parcels zoned one acre and larger every 500 feet (500') Parcels zoned less than one acre every 350 feet (350') Section 903.4.2.2.2 In multi-family zones, and in commercial and industrial zones, fire hydrants shall be installed at intersections and every three hundred (300) feet of fire access roadways, regardless of parcel size. EXCEPTION: When improved methods of fire protection are provided, beyond those required by the code, and accepted by the Chief, adjusted spacing of fire hydrants from those set forth above may be considered. Section 903.4.2.3 All fire hydrants shall be of bronze construction, including all internal parts except seats. Alternate materials may be used if approved by the Fire Marshal and the Department of Public Works. The stems shall be designed and installed in a manner that will insure that they will not be projected outward from the main body by internal water pressure due to disassembly. Section 903.4.2.3.1 The number and size of fire hydrant outlets shall be as follows: (a) One, four inch (4"); and one two and one-half inch (2 1/2") NST outlet. (4", 2 1/2") (b) One, four inch (4"); and two, two and one-half inch (2 1/2") NST outlets. (4", 2 1/2",2 1/2") (c) Two, four inch (4"); and one, two and one-half inch (2 1/2") NST outlets. (4",4",2 1/2") In some instances, the Chief may require the fire hydrant(s) to have any other combination of four inch - (4") and two-and one-half-inch (2 1/2") outlets. 15.24.240 Tampering with fire hydrants and fire appliances. Section 1001.6.2, Fire Hydrants and Fire Appliances, is modified by adding: Commercial fire sprinkler system control valves shall not be shut off after activation of the sprinkler system whether in response to a fire or for unknown reasons, until such shut off is authorized by responding fire personnel. Fire detection systems activated by fire, smoke, heat, or by unknown causes shall not be reset until authorized by responding fire personnel. 15.24.260 General provisions for fire-extinguishing systems. Section 1003.1 is modified to read: Section 1003.1.1 General. Fire-extinguishing systems shall be installed in accordance with the Building Code and this code. Ordinance No. 648 Page 1 0 Fire hose threads used in connection with fire-extinguishing systems shall be national standard hose thread or as approved by the fire department. The location of fire department hose connections and control valves shall be approved by the Chief. In buildings used for high-piled combustible stock, fire protection shall be in accordance with Article 81. Section 1003.1.2 Standards. Fire extinguishing systems shall comply with the Building Code or National Fire Protection Association Standards 13-0 and 13-R, 1999 editions, as approved by the Chief. EXCEPTIONS: 1. Automatic fire-extinguishing systems not covered by the Building Code shall be approved and installed in accordance with approved standards. 2. Automatic sprinkler systems may be connected to the domestic water supply main when approved by the Chief, provided the domestic water supply is of adequate pressure, capacity, and sizing for the combined domestic and sprinkler requirements. In such case, the sprinkler system connection shall be made between the public water main or meter and the building shut-off valve, and there shall not be intervening valves or connections. 3. Where automatic fire sprinkler systems are installed to U.B.C. Standard 9- 3, or N.F.PA standards 13-0 or 13-R, exceptions or reductions to the Building Code based on the installation of an automatic fire-extinguishing system are not allowed, unless specifically authorized by the Building Code. 15.24.270 Required installations of automatic fire-extinguishing systems. Section 1003.2 is modified to read as follows: Section 1003.2.1 General. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. 1. When any building, other than a building with State Fire Marshal-regulated occupancy, has 5,000 square feet or more total floor plan area, the building shall be fully covered by an automatic fire extinguishing system. Contiguous buildings or structures, such as shopping centers shall be considered as a single building where linked by common walls, roofs, or walkways. Buildings subsequently constructed shall be considered a single building requiring compliance of both buildings when the aggregate total is 5,000 square feet or more. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure. Ordinance No. 648 Page 11 2. The City of Poway Automatic Fire Extinguisher System Requirements are not intended and shall not limit Uniform Building Code allowable-area and construction- type increases. 3. Where sprinklers are required by this ordinance, rated fire walls and area- occupancy separation walls shall not be used to divide a building into smaller areas so as to eliminate any applicable automatic extinguishing system requirements. 4. Commercial buildings built on a property line other than a public way shall be protected by a fire sprinkler system consistent with the foregoing standards, regardless of size. When present, utility easement(s) may be considered as building separation distance when that utility easement will prevent construction of a structure within the boundaries of that specific easement. 5. Where an existing building or structure is not protected by an automatic fire extinguishing system, but otherwise would be required to be protected if built as a new building, its use will be allowed to continue until such time as any structural change takes place which modifies, alters, or affects any bearing wall or similar structural assembly at which time it shall be made to conform to the provisions of this code. For provisions on special hazards and hazardous materials, see Section 1001.9 and Articles 79, 80 and 81. Section 1003.2.2 All occupancies other than R-3 and Group U Occupancies. Except for Group R, Division 3, and Group U occupancies, an automatic fire sprinkler system meeting U.B.C. Standard 9-1 shall be installed: Section 1003.2.2.1 In all buildings hereinafter constructed of 5,000 square feet or more in total floor area, except as otherwise required in this section. EXCEPTION: Agricultural buildings constructed of wood or metal frame over which fabric or similar material is stretched that are specifically used as green houses are exempt from fire sprinkler requirements unless physically connected to other structures. Determining applicability. Mezzanines shall be included in the total square footage calculation. "Fire walls" (area or occupancy separation walls), regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Section 1003.2.2.2 Additions in commercial or industrial occupancies. Additions of more than twenty-five percent (25%) of the square footage of an existing building, which results in a structure of 5,000 square feet or more, shall be required to be protected throughout the entire structure with a sprinkler system consistent with this section. Section 1003.2.3 Group A Occupancies Ordinance No. 648 Page 12 Section 1003.2.3.1 Drinking Establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages where the total area of such rooms and assembly is 5,000 square feet or more. Section 1003.2.3.2 Basements. An automatic sprinkler system shall be installed in basements classified as a Group A Occupancy when the basement is larger than 1,500 square feet in floor area. Section 1003.2.3.3 Exhibition and Display Rooms. An automatic sprinkler system shall be installed in Group A Occupancies, which have 5,000 square feet or more of floor area, which can be used for exhibition or display purposes. Section 1003.2.3.4 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group A, Division 2, 2.1, 3 and 4 Occupancies. Section 1003.2.3.5 Multi-theater complexes. An automatic sprinkler system shall be installed in every building containing a multi-theater complex. Section 1003.2.3.6 Amusement buildings. An automatic sprinkler system shall be installed in all amusement buildings. The main water-flow switch and the sprinkler main shut-off valve shall be electrically supervised. When the amusement is temporary, the sprinkler water-supply system may be an approved temporary type. EXCEPTION: An automatic sprinkler system need not be provided when the floor area of a temporary amusement building is less than 1,000 square feet and the exit travel distance from any point is less than fifty feet (50'). Section 1003.2.3.6.1 Occupancies A-1, A-2, and A-2.1 shall be fully covered by an automatic sprinkler system. Where A Occupancies exist in buildings with other occupancy classes and the entire building is 5,000 square feet or more, the entire building shall be fully covered by an automatic fire extinguishing system. Section 1003.2.3.6.2 Other Areas. An automatic sprinkler system shall be installed under the roof and gridiron, in the tie and fly galleries, and in all places behind the proscenium wall of stages; over and within permanent platforms in excess of 500 square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or permanent platforms. Section 1003.2.3.6.3 Occupancy A-3 shall be fully covered by an automatic sprinkler system when the total building floor area exceeds 5,000 square feet or the building is greater than one story in height, whichever occurs first. Section 1003.2.3.7 Stages. All stages shall be sprinklered. Such sprinklers shall be provided throughout the stage and in dressing rooms, workshops, storerooms, and other accessory spaces contiguous to such stages. EXCEPTION: Ordinance No. 648 Page 13 1. Sprinklers are not required for: stages 1,000 square feet or less in area and fifty (50) feet or less in height where curtains, scenery or other combustible hangings are not retractable vertically. Combustible hangings shall be limited to a single main curtain, borders, legs, and a single backdrop. 2. Under-stage or under-platform areas less than four feet in clear height used exclusively for chair or table storage and lined on the inside with materials approved for one-hour, fire resistive construction. 3. Stages or platforms open to the auditorium room on three or more sides. 4. Altars, pulpits or similar platforms and their accessory rooms. 5. Stage gridirons when side wall sprinklers with one hundred thirty-five degree (1350) Fahrenheit rated heads with heat-baffle plates are installed around the entire perimeter of the stage except for the proscenium opening at points not more than thirty (30) inches below the gridiron or more than six inches below the baffle plate. Section 1003.2.3.8.1 Group B Occupancies Group B. Full coverage by automatic fire sprinklers is required when the occupancy total gross square footage is 5,000 square feet or more. Section 1003.2.4 Group E Occupancies Section 1003.2.4.1 General. An automatic fire sprinkler system shall be installed throughout all buildings containing Group E, Division 1, 2, and 3 when the total square footage is 5,000 square feet or more. Section 1003.2.4.2 Basements. An automatic sprinkler system shall be installed in basements classified as a Group E occupancy when the basement is larger than 1,500 square feet in floor area. Section 1003.2.4.3 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group E Occupancies. Section 1003.2.6 Group H Occupancies Section 1003.2.6.1 Division 1, 2, 3, and 7. An automatic fire extinguishing system shall be installed in Group H, Divisions 1, 2, 3, and 7 Occupancies. Section 1003.2.6.2 Group H, Division 4 Occupancies. An automatic fire extinguishing system shall be installed in Group H, Division 4 occupancies having a floor area of more than 3,000 square feet. Section 1003.2.6.2.1 Division 6. An automatic fire extinguishing system shall be installed throughout buildings containing Group H, Division 6 Occupancies. The design Ordinance No. 648 Page 14 of the sprinkler system shall not be less than that required by the Building Code for the occupancy hazard classifications. Section 1003.2.7 Group I Occupancies. An automatic sprinkler system shall be installed in Group I Occupancies. EXCEPTION: In jails, prisons, and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements, or the system shall be designed as required for deluge systems by the Building Code. See U.B.C. Standard 9-1. Section 1003.2.8 Group M Occupancies. An automatic sprinkler system shall be installed in retail sales rooms classified as Group M occupancies where the floor area is 5,000 square feet or more on any floor or in Group M retail sales occupancies more than three stories in height. The area of mezzanines shall be included in determining the areas where sprinklers are required. Section 1003.2.9 Group R-1 and R-3 occupancies and accessory structures. Section 1003.2.9.1 Group R Occupancies. 1. Group R-3. Sprinklers may be required as mitigation measures as set forth by the Division of fire prevention residential sprinkler standards and as defined elsewhere in the code. 2. The automatic fire sprinkler system must be designed, constructed and installed in accordance with the National Fire Protection Association standards contained in pamphlet 130 and/or 13R. 3. Sprinkler heads located adjacent to residential force air units (FAU.) shall be rated at two hundred degrees (2000) Fahrenheit. 4. Attached residential garages shall be sprinklered with heads rated at two hundred degrees (2000) Fahrenheit. EXCEPTIONS: (a) Sprinklers may be omitted from bathrooms if less than fifty-five square feet. (b) Sprinklers may be omitted from detached garages and carports. A garage that is part of the building shall protect sprinkler heads against mechanical damage with approved guards. (c) Fire alarm signal shall be provided by a water flow switch located on the sprinkler riser and the alarm bell(s) or other audible device shall be of sufficient intensity to be clearly audible in all bedrooms Ordinance No. 648 Page 15 5. Water meters shall be a minimum one-inch (1"), and the water line from the meter to the building shall be a minimum of one inch (1"). The system shall be subject to a test witnessed by the fire agency and include the following: (a) Static pressure plus fifty (50) PSI, but not less that two hundred (200) PSI. (b) Hydro test for two hours 6. Standards (a) All sprinkler system installations shall be in conformance with the latest edition of the National Fire Protection Association's (NFPA) Standard 13, 13R and 130. Other engineering standards as may be required will be published by the Division of Fire Prevention. 7. Plans (a). Required automatic fire extinguishing systems shall be approved by the Fire Chief or his/her designee. (b). Plans shall be submitted prior to any installation commencing by a licensed system designer and/or installer. Plans shall be approved prior to the beginning of installation. Plans shall show all necessary engineering features and calculations to document compliance with and as required by NFPA 13, 13R, and 130. (c). Standard test during and after installation shall be required as by NFPA 13, 13R, and 130, and fire prevention bureau standards. These tests must be performed and documented prior to final inspection. (d). No building hereafter required to have an automatic fire extinguishing system installed shall pass final building inspection or be issued a certificate of occupancy until the fire extinguishing system passes final fire inspection. (e). If the Fire Prevention Division needs specialized consultant assistance for plan checks, or if extensive inspections/re-inspections are required during installation, a reasonable fee shall be charged to cover expenses. Fees shall be established by resolution of the City Council. (f). For commercial and industrial occupancies commonly referred to as "spec buildings" wherein no specific end use is identified at the time of plan check, the sprinkler system shall provide a density of .45 GPM/sq. ft. for a three thousand (3,000) sq. ft. design area. (g). Projects having paid a building plan check fee prior to adoption of this ordinance are exempt from this ordinance's additional sprinkler requirements but not those of the currently adopted Uniform Building Code. Ordinance No. 648 Page 16 15.24.280 Sprinkler system supervision alarms. Section 1003.3.1 is modified to read: Section 1003.3.1 Sprinkler System Supervision Alarms. All commercial fire sprinkler systems meeting U.B.C. Standard 38-1 or NFPA 13 shall have central station monitoring for water flow meeting fire department standards. All exterior control valves shall be locked by a breakaway padlock. These valves shall also be monitored by an approved central station monitoring company. Keys for the padlocks shall be provided in the site emergency access key box. All monitored sprinkler systems shall have approved emergency-access key boxes on site at locations approved by the fire department. Keys shall be maintained per Section 902.4.1. Valve monitoring and water flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. Water flow signals received by the central station must be relayed to the fire department emergency dispatch center immediately on receipt. The central station shall relay to the fire department emergency communications center within ten (10) minutes of receipt of valve tamper or trouble signal requesting an emergency response. 15.24.310 Smoke detectors in dwelling units. Section 1006.2.9.3.3 is modified to read: Smoke detectors required in New and Existing Dwelling Units. Every dwelling unit, whether new or existing, and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Section 310.9 and State Fire Marshal Regulations. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, hotel-sleeping room, and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. Wall mounted detectors shall be located in accordance with approved manufacturer's instructions. Upon activation of a single detector, the detector shall provide an alarm in each dwelling unit or guest room by means of being interconnected. Section 1006.2.9.3.4 Power Supply. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, in buildings without commercial power, or in buildings which undergo alterations, repairs, or additions regulated by the Building Code. Ordinance No. 648 Page 17 Section 1006.2.9.3.5 Basements. A smoke detector shall be installed in the basement of dwelling units having a stairway that opens from the basement into the dwelling. Such detector shall be connected to a sounding device or other detectors to provide an alarm, which will be audible in all sleeping areas. Section 1006.2.9.3.6 Maintenance. All smoke detectors shall be maintained in an operating condition at all times and shall be repaired or replaced where defective. They shall be tested by the owner or occupant as recommended in the manufacturer's specifications and periodically as required by the Chief. Section 1006.2.9.3.7 Record of Testing. Owners of multifamily residential buildings shall maintain a log of smoke detector testing and replacement. Such detectors must be tested as required by the manufacturer but not less than annually and with every change in residency. The log must be made available to fire department personnel upon request. 15.24.340 Incinerators. Section 1102.2 is modified to read: Section 1102.2.1 General non-commercial incinerators are prohibited within the jurisdiction. 15.24.350 Dumping of waste material. Article 11 is modified by adding the following: Section 1115 Dumping of Waste Material. Dumping of "waste material", as defined in California Penal Code section 374(b), is prohibited within the jurisdiction except at an approved landfill. The property owner and person in control of the property shall not permit such material to remain on the site and shall remove it or cause it be removed to an approved landfill or state licensed hazardous waste materials disposal station, as appropriate. The property owner or person in control of the property shall take such actions as necessary to prevent reoccurring dumping, such as posting the property and fencing the area or barricading the access. Such fencing or barricading shall not be installed so that fire fighting access is compromised. After reasonable notice and opportunity for compliance has been provided in accordance with Chapter 8.72 of the Poway Municipal Code, the City Council may authorize the Chief to employ a contractor to remove waste material from the site, and attach actual contractor costs and a reasonable administrative fee as a lien against the property. 15.24.370 Spray finishing - prohibited outdoors. Section 4502.1 is modified by adding: Ordinance No. 648 Page 18 Spray operations with flammable finishes are prohibited outside, if flammable vapors travel or could travel into structures or to other sources of ignition. 15.24.380 Permanent and temporary tanks for storage and use. Section 7904.2.5.1, Permanent and Temporary Tanks for Storage and Use, is revised to read: Section 7904.2.5.1 General. The following criteria shall be applied in areas within the South Poway Business Park, which are designated Commercial, Light Industrial or Industrial Park. With the Chiefs approval, Class I and II liquids may be stored above ground outside of buildings in specially designed, approved, and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat (two-hour fire-resistance), ignition sources, and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed five thousand (5,000) gallons for Class I or ten thousand (10,000) gallons for Class II liquids. The Chief may disapprove the installation of such containers when in his or her opinion, their use presents a risk to life or property. In no case shall such storage be permitted on residential or institutional property. A permit shall be obtained from the fire department following the approval of submitted plans prior to installation. Tanks shall be required to be secured by fencing and to have appropriate signage. Methods of visually screening these tanks shall be determined by the City's Development Services Director. In no case shall such installation be permitted within fifty (50) feet of any building or property line which can be built upon, including the opposite side of a public way, unless, an alternative design method for such installation is approved by the fire department and by any other appropriate City of Poway department as deemed necessary, including the City's Development Services Department. Temporary above-ground tanks for storage of Class I liquids of a maximum capacity of five hundred fifty (550) gallons or Class II tanks with a maximum capacity of ten thousand (10,000) gallons, may be installed for a maximum of ninety (90) days under specific restrictions and safeguards, on remote, isolated, and secured construction sites, earth moving projects, gravel pits or borrow pits, when approved by the Chief. In areas not included in the South Poway Business Park and not zoned as Light Industrial or Industrial, the following conditions shall apply: 1. With the Chiefs approval, Class I and II liquids may be stored above ground, outside of buildings in specially designed, approved, and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat (two-hour fire-resistive), ignition sources, mechanical damage, and exterior weather resistance. Ordinance No. 648 Page 19 2. Containers must be installed and used in accordance with their listing and provisions must be made for leak and spill containment. This shall include a concrete containment curb with a minimum rise of six inches and located at least twelve inches (12") outside the perimeter of the tank. A manually operated, self-closing drain shall be provided for the removal of rainwater from a diked area. 3. Storage in such tanks on any site shall not exceed five hundred fifty (550) gallons for Class I or one thousand one hundred (1,100) gallons of Class II liquids. The Chief may disapprove the installation of such containers when, in his or her opinion, their use presents a risk to life or property. In no case shall such storage be permitted within one hundred (100) feet of any residential or institutional setting. 4. The primary vessel shall be of a double containment design. 5. The vessel shall be placed on a concrete foundation, meeting seismic design requirements and soil compaction standards. 6. Venting shall meet Fire Code and Air Pollution Control District standards. 7. Collision barriers of substantial construction, spaced to prevent contact by vehicles, shall be provided. 8. "NO SMOKING" signs shall be provided and the tank marked in accordance with U.F.C. Standard 79-3, on all sides. Crank case drainage may be stored in specially constructed above ground storage tanks, approved by the Chief, with a maximum capacity of five hundred fifty (550) gallons. Such tanks may be located within a building when the Chief deems appropriate and the container meets the following: approved-listed container which has features incorporated into their design which mitigate concerns for exposure to heat (two-hour fire resistance), ignition sources and mechanical damage. Provisions must be made for leak and spill containment. In no case shall such storage be permitted within fifty (50) feet of any residential or institutional structure. Bulk plants or terminals as described in Section 7904.4 are prohibited within the jurisdiction. 15.24.410 State fire prevention guides. Appendix II-A is modified by adding: State Fire Prevention Guides. This code hereby adopts, for reference, the following fire safety guides for industrial, commercial and/or residential development in, upon, or adjoining any mountainous areas or forest-covered lands, brush-covered lands, or any lands covered with flammable materials: Ordinance No. 648 Page 20 (a) SRA Fire Safe Regulations California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5. (b) Vegetative Fuel Management at the Development - Wildland Interface (2006), City of Poway Guide to Landscaping Requirements. (c) Fire Management Plan, 2006, City of Poway Copies of the guides shall be kept in the office of the Chief and made available to the public for inspection. 15.24.420 Hazardous materials management plans and inventory statements - Scope. Appendix II-E Section 1-Scope is modified by adding: Hazardous Materials reporting forms currently adopted by San Diego County Health Department Hazardous Materials Management Unit which cover the same information as forms contained in this appendix are adopted by reference and take precedence over the forms in this appendix. The Chief may be guided by exposure distance factors established in the Insurance Services Office Commercial Fire Rating Schedule. 15.24.450 Violations - Penalties. A. Any person who violates any of the provisions of this code or standards adopted by this chapter or fail to comply therewith, or who violates or fail to comply with any order made thereunder, or who builds in violation of any detailed statement or specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City Attorney or by a court of competent jurisdiction within the time fixed herein, shall be guilty of a misdemeanor and shall be severally responsible for each and every violation and instance of noncompliance, respectively. B. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and 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 (10) days that a prohibited condition exists shall constitute a separate offense. C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 2: Chapter 9.12 is hereby amended to read: FIREARMS, FIREWORKS, AND EXPLOSIVES 9.12.10 Definitions. Ordinance No. 648 Page 21 Section 9.12.010. The following is added to the end of paragraph (A): The term "explosives" includes fireworks and "safe and sane fireworks," and includes but is not limited to devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, fountains, spike fountains, whistles, handle fountains, California candles, ground spinners, or ground spinning devices, wheels-vertical, wheels-horizontal, toy smoke devices, flitter devices, and fi rewo rks kits. Section 3: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Po way News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 19th day of December, 2006, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of January, 2007, by the following roll call vote: AYES: NOES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: NONE DISQUALIFIED: NONE ATTEST: fS"~t~