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Ordinance 2006-18ORDINANCE NO. 2006-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2000 EDITION OF THE UNIFORM FIRE CODE, VOLUMES 1 AND 2, WITH AMENDMENTS TO THE 2001 CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, AND AMENDING SECTION 10.9 OF CHAPTER 10 OF THE GILROY CITY CODE. WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the Uniform Fire Code shall be submitted to the City Council for adoption subject to local modifications and changes; and WHEREAS, on October 21, 2002, the City Council of the City on f Gilroy adopted Ordinance No. 2002 -27, which adopted the 2000 Uniform Fire Code with amendments adopted by the State of California as the 2001 Uniform Fire Code; and WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county to make changes or modifications in the requirements contained in the provisions of the California Building Standards Code and other adopted regulations if the city or county determines that the changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health & Safety Code section 13143.5 authorizes a city or county, by ordinance, to make changes or-modifications to building requirements that are more - stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and certain other regulations; and WHEREAS, because of local climatic, geological, topographical, fire and panic safety, risks, the City of Gilroy is subject to certain hazards that make the use of automatic sprinkler systems a significant factor in fire suppression in certain buildings; and 1JH1700183.1 01- 073106- 04706094 -I- Ordinance No. 2006 -18 WHEREAS, the City Fire Chief recommends that further use of automatic fire sprinkler systems is necessary and desirable to protect the City, the public and its resources; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I This Ordinance shall become part of the City of Gilroy Fire Code, as adopted by Ordinance No. 2002 -27. (a) In the event of any conflicts or inconsistencies between the provisions of this Ordinance and the remaining provisions of this Ordinance No. 2002 -27, or with the provisions of any other chapter(s) of the City Code, the provisions of this Ordinance shall control, unless to do so would be inconsistent with the purpose of this Ordinance. (b) The primary responsibility for enforcement of the provisions of this Ordinance shall be vested in the Fire Chief or his or her designees. SECTION II Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council of the City of Gilroy finds that each of the modifications, additions and changes to the Gilroy Fire Code set forth in this Ordinance are necessary to impose proper more stringent standards for fire and panic safety and are supported by the following findings, based on local climatic, geological or topographical conditions, which are fully set forth below: (1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately 90% of the precipitation falls during the months of November through April, and 10% from May through October. Relative humidity drops to 20 or lower during the dry months (summer). Temperatures have been recorded as high as 108 degrees Fahrenheit. This area has been subject to drought. It is anticipated that drought conditions will continue to occur in the future. Such conditions allow natural vegetation and outdoor combustible materials to be in a dry state for a large portion of the year, making them more susceptible to ignition and rapid burning. These conditions combined create high fire danger during the summer and fall months. (2) Geological Findings. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and UH1700183.1 01- 073106 - 04706094 Ordinance No. 2006 -18 Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life - safety of building occupants. This is especially critical in the facilities housing hazardous materials or occupancies requiring safe and quick evacuation in order to get to a safe location. Early warning of fire, early fire suppression and control of spread are important. (3) Topographical Findings. A major rail corridor through the central portion of town divides the City. There are no overpasses available within the City boundaries. This can impair response and can serve to isolate the City's Fire Response capability. A major highway also divides the City. There are portions of the City where there is only one overpass to access a substantial geographical area. There are no alternate routes within City boundaries; and The highway is also part of a major truck transportation route. If an accident, or earthquake makes the overpass un- crossable this will isolate the area and impact response times; and The City has a substantial industrial area within a flood plain. Flooding in the area would isolate the area from the City's Fire Response capability; and The City has areas that are within hillside and open spaces defined as State Response Areas. The grade and narrow and/or lack of roadways impair the Fire Response to these areas. The presence of large areas of natural vegetation that is dry and highly ignitable during the dry and hot summer and fall months can create increase fire responses and impair fire response to other incidents. Water flow in the hillside areas is impacted as fire flows fall below 1500 gpm; and The City is a great distance from any large metropolitan area. Response times from the nearest metropolitan fire department is a minimum of half an hour and during traffic periods in excess of 45 minutes. This serves to further isolate the City and impair Fire Response as there are fewer fire responders in the immediate area. Information on the nature of an incident in a timely manner is of greater importance than in a metropolitan area where a first alarm sends more personnel than the entire on -duty staffing of the Gilroy Fire Department. Measures which provide early fire detection, suppression and prevention of fire spread are warranted based on these findings. (4) Fire and Panic Safety Findings. The City's water system is reliable and capable of providing adequate pressures and reliability to allow the use of automatic fire sprinkler systems to be economical and practical to be included in all new construction. While threats from fires and other disasters can cause the availability for the suppression of fires using standard hose operations. The City's demographics, including but not limited to older residents, residential care homes, home occupations also make quick and effective fire extinguishment in these buildings a public panic and life safety interest. A copy of these findings shall be filed with the California Building Standards Commission. Also filed with a copy of these findings shall be Attachment "A" hereto, entitled "Additional Reasons for Local Modifications and Changes," which is hereby incorporated by reference, in which UH1700183.1 _3 _ 01- 073106 -04706094 Ordinance No. 2006 -18 Attachment each modification or change is expressly marked and identified as to which modification or change each finding refers, and in which are specified other conditions and reasons rendering the above modifications or changes reasonably necessary. SECTION III AMEND SECTION 1003.2.10 TO READ: Section 1003.2.10 In addition to the requirements of the Gilroy Fire Code, an automatic sprinkler system shall be installed as follows: Any building or group of buildings where in the judgment of the Fire Chief, due to size, height, type of construction, location on property, contents of occupancy classification or change in use a fire would exceed or severely tax the capabilities of the local Fire Department to perform a reasonable level of rescue and fire suppression. Regardless of area or occupancy separation walls, an automatic fire sprinkler system shall be required for the following: A. Any new commercial, industrial, or residential building 1,000 square feet or greater. B. Any building in the Hillside Zoning C. Additions to existing buildings: this section shall apply to all existing Buildings if the entire building area, including the addition exceeds the area permitted by the current Uniform Building Code or this section, then the entire building shall be sprinklered: EXCEPTION: Additions of less than 1000 square feet (either one time or cumulative after the adoption of this ordinance, need not be sprinklered unless otherwise required. SECTION IV The City Council hereby directs staff to include in the record any and all documents setting forth facts and findings for adoption of the Uniform Codes and amendments and appendices thereto. SECTION V If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining UH1700183.1 01- 073106 - 04706094 In Ordinance No. 2006 -18 portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VI This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 18th day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and BRACCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO APPROVED: Dion Bracco, Mayor Pro Tempore ATTE T: Rhonda Pellin, City Clerk 1JH1700183.1 _5 _ 01 -073106 -04706094 Ordinance No. 2006 -18 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -18 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of September, 2006, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 24th day of October, 2006. City Clerk of the City of Gilroy (Seal)