Ordinance 2013-10I
ORDINANCE NO. 2013 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING THE 2012 EDITION OF THE
INTERNATIONAL FIRE CODE, WITH THE 2013
CALIFORNIA FIRE CODE, CALIFORNIA CODE OF
REGULATIONS TITLE 24, PART 9, INCLUDING LOCAL
AMENDMENTS
WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the
California Fire Code (CFC) shall be submitted to the City Council for adoption subject to local
modifications and changes; and
WHEREAS, the latest edition of the California Fire Code is the 2012 International Fire
Code (IFC) with amendments adopted by the State of California as the 2013 California Fire
Code; and
WHEREAS, California has adopted the 2013 California Fire Code with amendments as
part of the California Building Standards Code Title 24, Part 9; and
WHEREAS, California Health and Safety Code section 17958 authorizes a city or county
to make changes in provisions published in the California Building Standards Code or other
regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or modifications in those
requirements upon express findings, the provisions published in the California Building
Standards Code or other promulgated regulations shall be applicable to the city or county and
shall become effective 180 days after publication, which date of effectiveness is January 1, 2014;
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
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WHEREAS, California Health & Safety Code section 13143 authorizes a city or county,
by ordinance, to make changes or modifications 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, the Silicon Valley area, which includes this City, is within a very active
seismic area and local soil conditions can be highly expansive and are prone to shrink and swell
during seasonal drying and wetting; and
WHEREAS, portions of the City are in hillside areas that are high hazard fire zones and
are adjacent to State Responsibility Areas designated as very high hazard zones. These areas
have only limited fire suppression forces and facilities available for the protection of life and
property and are characterized by vegetation that is highly flammable and subject to rapidly
expanding wildfires; and
WHEREAS, city fire protection and suppression services for buildings are limited and
therefore require supplemental fire suppression services such as automated fire sprinkler systems
fire alarms and fire resistive construction; and
WHEREAS, the City has local climatic considerations including temperatures ranging
from below freezing to over one hundred degrees, local geological considerations including the
presence of seismic activity and expansive clay soils, and local topographical considerations
including extensive hillside construction that is prone to erosion and slippage; and
WHEREAS, the City has participated in a County -wide effort over many months to make
uniform amendments to the 2012 International Fire Code with 2013 California Fire Code
amendments, and that the cities in the county that share similar local climatic, geological and
topographical considerations; and
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WHEREAS, the City Fire Chief and staff recommend that some local amendments to the
2012 International Fire Code and 2013 California Fire Code are necessary as are set forth herein;
and
WHEREAS, a duly noticed public hearing was held prior to the adoption of this 2012
International Fire Code with 2013 California Fire Code amendments and local amendments
thereto by the City Council on November 4, 2013; and
WHEREAS, this Ordinance is exempt from the requirements of the California Environmental
Quality Act ( "CEQA "), as amended, because it does not involve an activity that may cause either
a direct physical change in the environment or a reasonably foreseeable indirect physical change
in the environment; and
WHEREAS, the City Council has reviewed all of the written materials and considered all
of the oral testimony presented to it on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
This Ordinance shall be known and cited as the City of Gilroy Fire Code.
SECTION H
The City of Gilroy does adopt that portion of the International Fire Code, 2012 Edition,
together with the California Fire Code 2013 Edition including Appendix Chapters as adopted by
the State Building Standards Commission, including Errata, with modifications, additions and
changes recommended by the Fire Chief as set forth in Section III of this Ordinance. By adopting
the California Fire Code 2013 Edition, the City of Gilroy expressly excludes from adoption
Chapter 1, Division II, Section 103.2.
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SECTION III
AMEND THE 2012 IFC /2013 CFC SECTION 101.1 IN ITS ENTIRETY TO READ AS
FOLLOWS:
101.1 Title. These regulations shall be known as the City of Gilroy Fire Code,
hereinafter referred to as `this code'.
AMEND THE 2012 IFC /2013 CFC SECTION 103.1 IN ITS ENTIRETY TO READ AS
FOLLOWS:
103.1 General. The Fire Marshal carries out the functions of the fire code official on
behalf of and under the direction of the Fire Chief and implements, administers and
enforces the provisions of this code. The Fire Marshal's office is established within the
City of Gilroy as the office of Fire Prevention and is located in the Building, Life and
Environmental Safety Division, of the Community Development Department.
AMEND THE 2012 IFC /2013 CFC SECTION 105.6.20 TO READ IN ITS ENTIRETY AS
FOLLOWS:
105.6.20 Hazardous Materials. An operational permit is required to store, transport on
site, dispense, use or handle hazardous materials in excess of the amounts listed in tables
105.6.8, 105.6.10, and 105.6.20. This includes radioactive materials with more than one
microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or
more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source
or sources, or any amount of radioactive material for which a specific licenses from the
Nuclear Regulatory Commission is required. When any material is deemed by the State
of California to be listed on a hazardous materials business plan pursuant to California
Health and Safety Code Chapter 6.95 and is present at any time in excess of in quantities
in excess of 55 gallons, 500 lbs or 200 cuft a permit is required. When any quantity of
material, defined as hazardous waste in the California Code of Regulations (CCR) Title
22, shall require a permit.
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AMEND THE 2012 IFC /2013 CFC SECTION 105.7.25 TO READ IN ITS ENTIRETY AS
FOLLOWS:
105.6.25 Lumber yards and wood working operations. An operational permit is
required for the storage or processing of lumber exceeding 100,000 board feet per year or
to conduct woodworking operations involving mass production or involving more than
one of each type of machine, or where machines are used continuously (as opposed to
intermittently) or substantial products of sawdust may be a problem. See Chapter 19.
AMEND THE 2012 IFC /2013 CFC SECTION 105.6.46 TO READ IN ITS ENTIRETY AS
FOLLOWS:
105.6.46 Wood products. An operational permit is required to store chips, hogged
material, lumber, plywood, logs, firewood or pallets in excess of 200 cubic feet (6m).
AMEND THE 2012 IFC /2013 CFC SECTION 109.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under the provisions of this code, shall be guilty
of a misdemeanor; provided, however, that where the City Attorney or his or her duly
authorized agents has determined that such action would be in the best interest of justice,
the City Attorney may specify in the accusatory pleading, citation or amendment thereto
that the violation shall be prosecuted as an infraction. Infraction fines are implemented
pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
AMEND THE 2012 IFC /2013 CFC SECTION 111.4 TO READ IN ITS ENTIRETY AS
FOLLOWS:
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111.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except as such work as that person is directed to perform
to remove a violation or unsafe condition, shall be liable to a fine of not less than $100
and not more than $1000.
AMEND THE 2012 IFC /2013 CFC SECTION 202, AMEND THE DEFINITIONS OF
CONTINUOUS GAS DETECTION SYSTEM, SECONDARY CONTAINMENT, AND
WORKSTATION, TO READ IN THEIR ENTIRETY AS FOLLOWS:
CONTINUOUS GAS DETECTION SYSTEM. A gas detection system where the
analytical instrument is maintained in continuous operation and sampling is performed
without interruption. Analysis is allowed to be performed on a cyclical basis at intervals
not to exceed 30 minutes. In occupied areas where air is re- circulated and not exhausted,
the fire code official may require a cyclical basis at intervals not to exceed 5 minutes. The
gas detection system shall be able to detect the presence of a gas at or below the
permissible exposure limit in occupiable areas and at or below '/2 IDLH (or 0.05 LC 50 if
no established IDLH) in unoccupiable areas.
SECONDARY CONTAINMENT. Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably
necessary to ensure detection and remedy of the primary containment failure.
WORKSTATION. A defined space or independent piece of equipment using hazardous
materials where a specific function, laboratory procedure or research activity occurs.
Approved or listed hazardous materials storage cabinets, flammable liquid storage
cabinets or gas cabinets serving a work station are included as part of the work station. A
workstation is allowed to contain ventilation equipment, fire protection devices, detection
devices, electrical devices and other processing and scientific equipment.
ORDINANCE NO. 2013 -10
AMEND THE 2012 IFC /2013 CFC SECTION 202 BY ADDING NEW DEFINITIONS
CORROSIVE LIQUID, MODERATELY TOXIC GAS, MAXIMUM THRESHOLD
QUANTITY MAX TQ), AND OTHER HEALTH HAZARD MATERIAL TO READ AS
FOLLOWS:
CORROSIVE LIQUID. Corrosive liquid is
1) any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action;
2) any liquid having a pH of 2 or less or 12.5 or more;
3) any liquid classified as corrosive by the U.S. Department of Transportation; and
4) any material exhibiting the characteristics of corrosivity in accordance with Title 22,
California Code of Regulations §66261.22.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal
concentration (LC50) in air more than 2000 parts per million but not more than 5000
parts per million by volume of gas or vapor, when administered by continuous inhalation
for an hour, or less if death occurs within one hour, to albino rats weighing between 200
and 300 grams each.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity
(Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be
stored in a single vessel before a more stringent category of regulation is applied. The
following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
For gas mixtures containing one or more toxic, highly toxic or moderately toxic
components, LC50 shall be calculated using CGA Standards P -20 and P -23 as referenced
in Appendix E, Section 103.1.3.1
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OTHER HEALTH HAZARD MATERIAL. A hazardous material which affects target
organs of the body, including but not limited to, those materials which produce liver
damage, kidney damage, damage to the nervous system, act on the blood to decrease
hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities,
including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).
AMEND THE 2012 IFC /2013 CFC SECTION 311.16 BY REMOVING SECTIONS NOS.
315.5.4 AND 3.11.5.5 IN THEIR ENTIRETY
AMEND THE 2012 IFC /2013 CFC SECTION 316 BY ADDING SECTION 316.7 TO
READ IN ITS ENTIRETY AS FOLLOWS:
316.7 Roof Guardrails at Interior Courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the
guardrail shall not be less than 42 inches in height above the adjacent roof surface that
can be walked on. Intermediate rails shall be designed and spaced such that a 12 -inch
diameter sphere cannot pass through.
AMEND THE 2012 IFC /2013 CFC SECTION 403.3TO READ IN ITS ENTIRETY AS
FOLLOWS:
403.3 Crowd Managers. Trained crowd managers shall be provided for facilities or
events when required by the Police Department and Fire Marshal under Public Assembly
or Special Events Permits. The number shall be established by the Police Department
and Fire Marshal based on an evaluation of level of public safety needs for the specific
event or activity.
AMEND THE 2012 IFC /2013 CFC SECTION 404.2 BY DELETING THE SECTION IN
ITS ENTIRETY.
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AMEND THE 2012 IFC /2013 CFC SECTION 404.3. TO READ IN ITS ENTIRETY AS
FOLLOWS:
404.3 Contents. Fire safety and evacuation plan contents be in accordance with Sections
404.3.1 and 404.3.2 and other provisions as deemed necessary by the Fire Chief. A map
or diagram of the facility, building(s), and site or campus may be required that includes
preplan information for as requested for use by fire responders.
AMEND THE 2012 IFC/2013 CFC SECTION 404.3.3 BY DELETING THE SECTION
AND ITS SUBSECTIONS IN THEIR ENTIRETY.
AMEND THE 2012 IFC /2013 CFC SECTION 406 BY DELETING THE SECTION AND
ITS SUBSECTIONS IN THEIR ENTIRETY
AMEND THE 2012 IFC /2013 CFC SECTION 408.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
408.2 Group A occupancies. When required by the Fire Code Official Group A
occupancies shall provide a seating plan to verify compliance with aisle widths and
exiting.
AMEND THE 2012 IFC /2013 CFC BY DELETING SECTION NOS. 408.3.3 THROUGH
408.11.3 IN THEIR ENTIRETY:
AMEND THE 2012 IFC /2013 CFC SECTION 503.1. TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per the Gilroy City Streets
Standards.
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AMEND THE 2012 IFC /2013 CFC SECTION 503.1TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per the Gilroy City Streets
Standards
AMEND THE 2012 IFC/2013 CFC BY ADDING SECTION 503.1.2.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
503.1.2.1 Additional Access Thresholds. Fire apparatus access roadways to buildings or
building projects shall be reviewed and approved by the fire code official. Thresholds for
additional access are as follows:
a. For areas that are residential, there shall be a minimum of two approved fire access
roadways when there are more than 30 one- and two- family residential units, or more
than100 multi - family residential units. The Fire Code Official will determine secondary
access needs for dwellings in the Wildland Urban Interface Fire Area. In no case will
more than 10 dwellings exist without a secondary fire access roadway.
b. For Commercial and Industrial Developments when a buildings exceeding 3 stories or
30 ft in height shall have at least two means of fire apparatus access for each structure.
When there is an individual building exceeding 62,000 sq ft in area it shall be provided
with two separate access roadways to access the structure. When a building project or
complex exceeds 120,000 sq ft of total building area it shall be provided with two
separate and approved access roadways to the project or complex.
AMEND THE 2012 IFC /2013 CFC SECTION 503.2.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm), and an unobstructed vertical clearance of 13 feet 6 inches
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(4115 mm). Fire apparatus access road width shall be increased to 26 ft in width and
minimum distance of 30 ft from Buildings when the building is 3 stories or greater.
Exceptions:
1. When there are not more than two Group R, Division 3, or Group U occupancies, the
access road width may be modified by the fire code official.
2. When an approved security gate is installed in accordance with Section 503.6, the
gate may be less than 20 ft if approved by the fire code official.
AMEND THE 2012 IFC /2013 CFC SECTION 503.2.5 TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.2.5 Dead Ends. Dead -end fire apparatus access roads in excess of 150 feet (45m720
mm) in length shall be provided with an approved turn- around area for turning around the
fire apparatus. The turn- around shall be consist of a bulb shaped cul -de -sac that
accommodates the fire apparatus turning radius. Parking of vehicles within the fire
apparatus turning radius shall not be permitted. Obstructions by fences or gates that may
interfere with the use of turn - around are not permitted. Fire apparatus turn- arounds shall
be posted as Fire Turn - Around and parking restrictions enforced with red painted curbs.
Dead end roads in excess of 750 ft require special approval and may be required to have
additional apparatus turn outs or greater width.
Exceptions:
1) An alternative design turn around may be approved when the number of units
served by the turn- around is less than 10 and the design is one of the published
fire apparatus turn around templates.
2) In the Residential Hillside Zone alternative designs are allowed when they can
be shown to provide a minimum 3 point turn and when approved by the fire code
official.
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AMEND THE 2012 IFC /2013 CFC SECTION 503.2.7 TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.2.7 Grade. The grade of the fire apparatus road shall not exceed 15 %.
Exceptions:
1. When approved by the Fire Chief for short segments of an access roadway
where the grade does not exceed 18% and will not exceed 50 ft in length and
will not impede the movement of the fire apparatus.
AMEND THE 2012 IFC /2013 CFC SECTION 503.6 TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.6 Security Gates. The installation of security gates across a fire apparatus access
road shall be approved by the fire chief. Where security gates are installed they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. When electronic gates are installed
across one or more of the fire access roadways they shall be provided with automatic
opening devices that can be activated by the fire department during a response to the
location. Electric gate operators, where provided shall be listed in accordance with UL
325. Gates intended for automatic operation shall be designed, constructed and installed
to comply with the requirements of ASTM 2200.
AMEND THE 2012 IFC /2013 CFC SECTION 503.7 TO READ IN ITS ENTIRETY AS
FOLLOWS:
503.7 Aerial Fire Apparatus Access Roads. Where the vertical distance between the
grade plane and the highest roof surface exceeds 30 ft (9144m), approved aerial fire
apparatus access roads shall be provided. For a pitched roof the measurement of the
highest roof surface is to the intersection of the roof to the exterior wall, or the top of a
parapet wall, whichever is greater. Aerial fire apparatus access roads shall have a
minimum width of 26ft and shall be outside the collapse zone of the building, except
there shall be periodic access provided to the aerial apparatus to the immediate vicinity of
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the building. Such periodic access shall be provided a minimum of every 100 ft and shall
provide for a parallel positioning of the aerial apparatus to the building. Overhead utility
and power lines shall not be located over the aerial fire apparatus road and the building.
When adequate aerial access cannot be provided other means shall be provided by
alternate methods and /or materials to compensate for the inadequate access. Such shall
include but not be limited to: non - combustible construction components, area separation
walls, and specialized access components.
AMEND THE 2012 IFC/2013 CFC SECTION 504.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
504.3 Stairway access to roof. New multi -story buildings except those with a roof slope
greater than four units vertical in 12 units horizontal (33.3 - percent slope), shall be
provided with a stairway to the roof. Stairway access to the roof shall be in accordance
with Section 1009.13. Such stairway shall be marked at the street and floor levels with a
sign indicating that the stairway continues to the roof. Where roofs are used for roof
gardens or for other purposes, stairways shall be provided as required for such occupancy
classification. Large single story buildings may be required to have an exterior ladder
when the Fire Chief determines that fire access is needed. When solar panel systems are
added to a roof additional access may be required by the Chief. The number and location
of roof access stairwells and / or exterior ladders shall be determined by the Fire Chief.
Access from stairwells and exterior ladders may be protected from unauthorized access
by locking with either KNOX locks or providing a key in the building's KNOX box.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 504.5 TO READ IN ITS
ENTIRETY AS FOLLOWS:
504.5 Access Control Devices. When access control devices including bars, grates,
gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to the building, are installed, such devices shall be
approved by the fire code official. All access control devices shall be provided with an
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approved means for deactivation or unlocking by the fire department. Access control
devices shall also comply with Chapter 10 Egress.
AMEND THE 2012 IFC /2013 CFC SECTION 505.1.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
505.1.1 Illumination. New buildings shall have illuminated address numbers.
Illumination shall be provided throughout the entire period of darkness.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 505.3 to read as follows:
505.3 Complex premises identification. When there are several multi - family units
within a development, or single family units do not face a street or where units have an
alley as the only driveable access (paseo frontage), an illuminated site diagram shall be
installed at each driveway entrance to the development that shows the location and
addresses of all units and the fire system device locations.
AMEND THE 2012 IFC/2013 CFC SECTION 507.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and
facilities shall be determined by an approved method of using Appendix B Table B 105.1 .
Fire flow for one and two family residential areas shall not be less than 1500 gallons per
minute. For other than one -and two- family residences fire flow shall be for the
prescribed amount and duration as specified in Table B 105.1. A reduction in required
fire flow of up to 50% may be allowed when approved by the Fire Chief and when the
building is provided with an approved automatic fire sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire flow shall not be less
than 2500 gallons per minute.
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AMEND THE 2012 IFC /2013 CFC SECTION 507.4 TO READ IN ITS ENTIRETY AS
FOLLOWS:
507.4 Water supply test. The fire code official shall be notified for a water supply test.
Water supply tests shall be conducted or witnessed by the fire code official.
AMEND THE 2012 IFC /2013 CFC SECTION 507.5 TO READ IN ITS ENTIRETY AS
FOLLOWS:
507.5 Fire hydrant systems. Fire hydrants_systems shall comply with sections 507.5.1
trough 507.5.6. Hydrants shall be installed to the City of Gilroy Public Works Standard
Details. Private Fire Hydrant systems shall be installed pursuant to NFPA 24 and
maintained and tested pursuant to NFPA 25 by the property owner. Private fire hydrant
systems shall not share the same water supply lines with a private domestic supply and
shall be on its own separate fire water mains.
AMEND THE 2012 IFC /2013 CFC SECTION 507.5.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
507.5.1 Where required. Where a portion of the facility, building, or outdoor handling,
process or storage area requiring a permit, is hereafter constructed or moved into or
within the jurisdiction, is more than 150 feet from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility, building or
outdoor storage area, on -site fire hydrants and mains shall be provided where required by
the fire code official. Fire hydrants shall be spaced at intervals of every 300 ft on public
and private fire access roadways. The Fire Chief may increase the interval if there are no
structures or fire hazards that can be protected from the access roadway. In no case shall
the interval exceed 500 ft. When a median or the number of lanes of a street or fire
access roadway make it prohibitive to provide fire hydrant access fire hydrants shall be
provided on both sides of the street or fire access roadway.
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Exception:
1. Group R -3 occupancies in the Gilroy Wildland -Urban Interface Fire Area,
may be required to install a warf style hydrant in lieu of a private hydrant if
there is a public fire hydrant within 50 ft of the driveway at the street level.
AMEND THE 2012 IFC /2013 CFC SECTION 510 BY ADDING SECTION 510.1.1 TO
READ IN ITS ENTIRETY AS FOLLOWS:
510.1.1 Obstruction by new buildings. When a new structure obstructs the line of sight
emergency radio communications to existing buildings or to any other locations, the
developer of the structure shall provide and install the radio retransmission equipment
necessary to restore communications capabilities. The equipment shall be located in an
approved space or area within the new structure.
ADD TO THE 2012 IFC /2013 CFC SECTION 605.12 TO READ AS FOLLOWS:
605.12 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over - temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
ADD TO THE 2012 IFC/2013 CFC SECTION 608.6.1.1 IN ITS ENTIRETY TO READ AS
FOLLOWS:
608.6.1.1 Failure of Ventilation System. Failure of the ventilation system shall
automatically disengage the charging system.
AMEND THE 2012 IFC /2013 CFC SECTION 806.1.1 IN ITS ENTIRETY TO READ AS
FOLLOWS:
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806.1.1 Display inside buildings. The display of Christmas trees and other decorative
vegetation shall be in accordance with the California Code of Regulations, Title 19,
Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system in
accordance Section 903. 1.1 or 903.3.1.2 shall not be prohibited in Groups A, E,
M, R -1 and R -2.
2. Trees shall be allowed within dwelling units in Group R -2 occupancies.
AMEND THE 2012 IFC /2013 CFC SECTION 903.2 IN ITS ENTIRETY TO READ AS
FOLLOWS:
903.2 Where required. Approved automatic sprinkler systems, in new and existing
buildings and structures including covered parking and storage areas, are to be provided
in the locations described in this Section or in Sections 903.2.1 through 903.2.18
whichever is the more restrictive.
For the purposes of this section, firewalls and .fire barriers used to separate building
areas shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
1. In other than residential buildings, which require the installation of a residential
fire sprinkler system according to the California Residential Code, an automatic sprinkler
system shall be provided throughout all new buildings and structures greater than 1,000
square feet of building area. Any change in use to a residential use shall constitute a new
residence and subject the building to the California Residential Code requiring
installation of a residential fire sprinkler system.
2. An automatic sprinkler system shall be provided throughout existing Group A, B,
E, F, I, L, M, S and U buildings and structures, when additions are made that increase the
building area by more than 1000 square feet or that create conditions described in
Sections 903.2.1 through 903.2.18.
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3. An automatic sprinkler system shall be provided throughout existing Group R
occupancies when additions are made that increase the building area by more than 1000
square feet.
4. An automatic sprinkler system shall be provided throughout all new basements
regardless of size and throughout existing basements that are expanded by more than
50 %.
5. Any "change in use" or change in the "occupancy class" of any building, with a
building area greater than 1000 square feet, which, in the opinion of the fire code official
or building official, would place the building into a more intensified fire or life safety
risk, shall require the installation of an approved fire sprinkler system.
AMEND THE 2012 IFC /2013 CFC SECTION 903.1.1 IN ITS ENTIRETY TO READ AS
FOLLOWS:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, sprinklers shall be installed throughout in accordance with
NFPA except as provided in Section 903.3.1.1 and local standards. For new buildings
having no designated use or tenant, the minimum sprinkler design density shall be
Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher
density, the sprinkler system shall be augmented to meet the higher density.
AMEND THE 2012 IFC /2013 CFC SECTION 903.3.1.2 IN ITS ENTIRETY TO READ AS
FOLLOWS:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to
and including four stories in height, automatic sprinkler systems shall be installed
throughout in accordance with NFPA 13R. Local standards are established to provide the
Fire Chief with reasonable means to provide protection to multi - family buildings and
hotel structures. These include that all concealed spaces and attic spaces be protected.
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AMEND THE 2012 IFC /2013 CFC SECTION 903.3.1.3 IN ITS ENTIRETY BY TO READ
AS FOLLOWS:
9033.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one-
and two- family dwellings, Group R -3 and R -4 congregate living facilities and
townhouses shall be permitted to be installed throughout in accordance with NFPA 13D
and local standards. A signaling device shall be installed on the exterior and interior of
the dwelling. The riser shall be located inside of the garage or an approved protective
enclosure. 13D systems shall have an acceptance test that includes the flowing of the
system to show that the required gallons per minute and minimum residual pressures are
maintained.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 3304.8 TO READ AS
FOLLOWS:
3304.8 Fire Walls. When firewalls are required in combustible construction, the wall
construction shall be completed (with all openings protected) immediately after the
building is sufficiently weather- protected at the location of the wall(s).
AMEND THE 2012 IFC/2013 CFC SECTION 3311.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
[B] 3311.1 Stairways Required. Each level above the first story in multi -story buildings
that require two exit stairways shall be provided with at least two usable exit stairways
after the floor decking is installed. The stairways shall be continuous and discharge to
grade level. Stairways serving more than two floor levels shall be enclosed (with
openings adequately protected) after exterior walls /windows are in place. Exit stairs. in
new and in existing, occupied buildings shall be lighted and maintained clear of debris
and construction materials at all times.
ORDINANCE NO. 2013-10
20
Exception:
For multi -story buildings, one of the required exit stairs may be obstructed on not more
than two contiguous floor levels for the purposes of stairway construction (i.e.,
installation of gypsum board, painting, flooring, etc.).
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 3311.1.1 TO READ AS
FOLLOWS:
Section 3311.1.1 Required Means Of Egress. All buildings under construction shall
have at least one unobstructed means of egress. All means of egress shall be identified in
the prefire plan see Section 3308.2.
AMEND THE 2012 IFC /2013 CFC SECTION 4905.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
4905.3 Establishment of limits. The establishment of limits for the Wildland -Urban
Interface Area's required construction methods shall be designated pursuant to the
California Public Resources Code for State Responsibility areas, and in the City of Gilroy
the areas designated as Residential Hillside (RH) zoning are so designated based on their
topography, vegetation, climatic and proximity to State Responsibility areas which make
these methods necessary for effective fire protection within this area. The Residential
Hillside Zoning areas are designated as the "City of Gilroy Wildland -Urban Interface Fire
Area" and subject to the construction methods of Section 4905.2.
AMEND THE 2012 IFC /2013 CFC SECTION 4906.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
4906.2 Application. Buildings and structures located in the following areas shall
maintain the required hazardous vegetation and fuel management:
ORDINANCE NO. 2013 -10
21
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
1. Land designated as a Very-High Fire Hazard Severity Zone or designated "City of
Gilroy Wildland -Urban Interface Fire Area" as established in Section 4905.3.
2. Areas designated as High Fire Hazard Severity Zones and adjacent to "City of Gilroy
Wildland -Urban Interface Fire Area" may be subject to all or part of the hazardous
vegetation and fuel management requirements when determined necessary by the Fire
Chief.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 4906.3.1 TO READ AS
FOLLOWS:
4906.3.1 Prohibited Plants. The Fire Chief may designate plants that are prohibited
from being used in landscaping in the City of Gilroy Wildland Urban Interface Fire areas
or areas adjacent to those areas pursuant to Section 4906.2. The prohibited plants list
shall be available from the Fire Code Official, Building Permit Office, and each Fire
Station. The list shall be updated from time to time by the Fire Chief.
AMEND THE 2012 IFC /2013 CFC SECTION 4907.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
4907.1 General. Defensible space will be maintained around all buildings and structures
in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA
Fire Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Section 1270.
ORDINANCE NO. 2013-10
22
Buildings and structures within the Very -High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) and in the City of Gilroy Wildland -Urban Interface Fire Area
shall maintain defensible space as outlined in Government Code 51175 — 51189.
Defensible space shall also be provided around water tank structures, water supply pumps
and pump houses and ground mounted solar panel arrays.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in
the City of Gilroy Wildland -Urban Interface Fire Area but that are not within the Very -
High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent
to such buildings or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire from
the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm)
when required by the fire code official due to steepness of terrain or other conditions that
would cause a defensible space of only 30 feet (9144 mm) to be insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and deemed necessary to stabilize the soil and prevent erosion
may be managed in a way accepted by the Fire Code Official without total removal.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
23
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks /containers.
7. Combustible materials shall not be stored in unenclosed spaces beneath buildings or
structures, or on decks or under eaves, canopies or other projections or overhangs. The
combustible material within the defensible space shall be located a minimum of 30 feet
(6096 mm) from structures and separated from the crown of trees by a minimum
horizontal distance of 15 feet (4572 mm).
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to
of non -fire- resistive vegetation growth.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and deemed necessary to stabilize the soil and prevent erosion
may be managed in a way accepted by the Fire Code Official without total removal.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 4908 TO READ IN ITS
ENTIRETY AS FOLLOWS:
SECTION 4908
FIRE PROTECTION PLAN
4908.1 General. When required by the fire code official, a fire protection plan shall be
prepared.
ORDINANCE NO. 2013-10
24
4908.2 Content. The plan shall be based upon a site - specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition
and fire- resistance factors, fire protection systems and equipment, defensible space and
vegetation management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official
and shall be maintained by the Property Owner and any HOA or Property Management
Company.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 4909 TO READ AS
FOLLOWS:
SECTION 4909
IGNITION SOURCE CONTROL
4909.1 Fireworks. Fireworks shall not be used or possessed in the Gilroy Wildland-
Urban Interface Fire Area or in those areas designated pursuant to 4906.2(3) as
presenting a proximity to Gilroy Wildland -Urban Interface Fire Areas.
4909.2 Wood Burning. Wood shall not be used in outdoor fire places, outdoor fire pits,
or outdoor BBQ's in the Gilroy Wildland -Urban Interface Fire Area.
4909.3 Off Road Motorized Vehicles. Motorized vehicles shall not be operated on
unpaved paths or roadways and going through brush covered areas in Gilroy Wildland-
Urban Interface Fire Areas. The Fire Chief may require that access to open spaces by off
road vehicles be managed by property owners.
ORDINANCE NO. 2013-10
25
Exception: Local, State and Federal Agency Vehicles on official business in the areas,
or property owners or contractors that are provided consent by a property owner in order
to conduct property maintenance or construction activities. Such activities shall be done
with care to prevent hot vehicle parts from contacting dry or dead grass or brush.
AMEND THE 2012 IFC /2013 CFC SECTION 5001.2.2.2 IN ITS ENTIRETY TO READ
AS FOLLOWS:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose
a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
AMEND THE 2012 IFC/2013 CFC BY ADDING SECTION 5003.1.3.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases And Similarly Used Or
Handled Materials. The storage, use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this
chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used
or handled as a gas or vapor shall be in accordance with the requirements for toxic,
highly toxic or moderately toxic gases.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5003.1.5 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
C�7.7 �� I � I:r � Cpl � 1 � C�3 3►•� I j I C �i [ I:
W
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with Section 5003.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5003.1.6 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.1.6 Spill Control and Secondary Containment Requirements. A containment
system shall be required for all hazardous materials, which are liquids or solids at normal
temperature, and pressure (NTP) where a spill is determined to be a plausible event and
where such an event would endanger people, property or the environment. Construction
shall be substantial, capable of safely and securely containing a sudden release without
discharge. Design criteria shall be performance oriented and constructed of physically
and chemically compatible materials to resist degradation and provide structural and
functional integrity for a period of time reasonably necessary to ensure detection,
mitigation, and repair of the primary system. Regardless of quantities, spill control
and secondary containment shall also comply with Section 5004.2.
AMEND THE 2012 IFC /2013 CFC SECTION 5003.2.2.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained and shall be of
adequate strength and durability to withstand the pressure, structural and seismic stress,
and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials
and Hazardous Waste to indicate the material conveyed.
ORDINANCE NO. 2013 -10
27
3. Readily accessible manual valves or automatic remotely activated fail -safe
emergency shutoff valves shall be installed on supply piping and tubing at the following
locations:
1. The point of use.
2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency
shutoff valves shall be identified and the location shall be clearly visible accessible and
indicated by means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow of
hazardous materials could create a hazardous condition or cause the unauthorized
discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of.
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per
square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency
shutoff and excess flow control shall be provided. Where the piping originates from
within a hazardous material storage room or area, the excess flow control shall be located
within the storage room or area. Where the piping originates from a bulk source, the
excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills shall be provided for
piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above
threshold quantities listed in Tables 6004.2 and 6004.3. Secondary containment includes,
but is not limited to double walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
ORDINANCE NO. 2013 -10
28
2. Piping under sub - atmospheric conditions if the piping is equipped with an alarm and
fail- safe -to -close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas
may be subjected to thermal expansion. Chambers shall be sized to provide protection
for piping and instrumentation and to accommodate the expansion of regulated materials.
AMEND THE 2012 IFC /2013 CFC SECTION 5003.2.2.2 TO READ IN ITS ENTIRETY
TO READ AS FOLLOWS:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded, or brazed connections
throughout except for connections within an exhausted enclosure if the material is a
gas, or an approved method of drainage or containment is provided for connections if
the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means
of egress required to be enclosed in fire- resistance -rated construction or in concealed
spaces in areas not classified as Group H Occupancies.
EXCEPTION:
Piping and tubing within the space defined by the walls of corridors and the floor
or roof above or in concealed space above other occupancies when installed in
accordance with Section 415.8.6.3 of the California Building Code as required for
Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a
helium leak test of 1x10 -9 cubic centimeters/second where practical, or shall pass
testing in accordance with an approved, nationally recognized standard. Tests shall be
conducted by a qualified "third party" not involved with the construction of the piping
and control systems.
ORDINANCE NO. 2013-10
29
AMEND THE 2012 IFC /2013 CFC SECTION 5003.3.1 TO READ IN ITS ENTIRETY TO
READ AS FOLLOWS:
5003.3.1 Unauthorized Discharges. When hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is release or a
threatened release that presents a threat to health, property or the environment,-the fire
code official shall be notified immediately in an approved manner and the following
procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5003.5.2 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials
operations shall be labeled with the hazard class of the material being vented and the
direction of flow.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5003.5.3 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to
be identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5003.9.11 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or
Using Hazardous Materials. Combustible and non - combustible workstations, which
dispense, handle or use hazardous materials, shall be protected by an approved automatic
fire extinguishing system in accordance with Section 2703.10.
ORDINANCE NO. 2013-10
30
Exception:
Internal fire protection is not required for Biological Safety Cabinets that carry
NSF /ANSI certification where quantities of flammable liquids in use or storage within
the cabinet do not exceed 500ml.
AMEND THE 2012 IFC /2013 CFC SECTION 5004.2.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest single
vessel by one of the following methods:
1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid -tight floors in indoor locations or similar areas provided with liquid -tight
raised or recessed sills or dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid -tight seal shall be compatible with the material stored.
When liquid -tight sills or dikes are provided, they are not required at perimeter openings having
an open -grate trench across the opening that connects to an approved collection system.
AMEND THE 2012 IFC /2013 CFC SECTION 5004.2.2 TO READ IN ITS ENTIRETY TO
READ AS FOLLOWS:
5004.2.2 Secondary Containment for Hazardous Material Liquids and Solids.
Buildings, rooms or areas used for the storage of hazardous materials liquids or solids
shall be provided with secondary containment in accordance with this section.
ORDINANCE NO. 2013 -10
31
AMEND THE 2012 IFC /2013 CFC BY DELETING TABLE 5004.2.2 IN ITS ENTIRETY
AMEND THE 2012 IFC /2013 CFC SECTION 5004.2.2.2 TO READ IN ITS ENTIRETY
TO READ AS FOLLOWS:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from
each other in independent secondary containment systems.
AMEND THE 2012 IFC/2013 CFC SECTION 5601.1 TO READ IN ITS ENTIRETY AS
MIJA 111TA 3
5601.1 Scope. For explosives requirements see California Code of Regulations, Title 19,
Division 1, Chapter 10 and section 5601.2 of this chapter. For fireworks requirements see
California Code of Regulations, Title 19, Division 1, Chapter 6 and section 5601.3 of this
chapter. For small arms ammunition, see Section 5601.5 of this chapter.
Exceptions:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state and local regulatory, law enforcement
and fire agencies acting in their official capacities.
4. Items preempted by federal regulations.
AMEND THE 2012 IFC /2013 CFC CHAPTER 56 BY ADDING THE FOLLOWING
SECTIONS TO READ IN THEIR ENTIRETY AS FOLLOWS:
5601.2 Explosives. The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
ORDINANCE NO. 2013 -10
32
5601.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exceptions:
1. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions and when in accordance with
Title 19 of the California Code of Regulations.
2. Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings when used for proximate audience displays or special effects in theatrical,
television, motion picture and group entertainment productions when in accordance with
Title 19 of the California Code of Regulations and when in buildings equipped
throughout with an approved fire sprinkler system.
3. The sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section
I O.A.
5601.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance
with Title 19 of the California Code of Regulations and as approved by the fire code
official.
5601.5 Small Arms Ammunition - General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 5601.5.1
through 5601.5.4.2.3.
5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black powder
and small arms primers shall not be performed in retail establishments.
ORDINANCE NO. 2013-10
b
33
5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless propellant into
containers of the same type and size as the original container.
5601.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 5601.5.2.1 through 5601.5.2.3.
5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use in
quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R -3
occupancies where kept in original containers. Smokeless powder in quantities
exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be
stored in Group R -3 occupancies where kept in a wooden box or cabinet having walls of
at least 1 inch (25 mm) nominal thickness.
5601.5.2.2 Black powder. Black powder intended for personal use in quantities not
exceeding 20 pounds (9 kg) are permitted to be stored in Group R -3 occupancies where
kept in original containers and stored in a wooden box or cabinet having walls of at least
1 inch (25 mm) nominal thickness
5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be
stored in Group R -3 occupancies.
5601.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 5601.5.3.1
through 5601.5.3.2.3.
5601.5.3.1 Display. The display of small arms ammunition in Group M occupancies shall
comply with Sections 5601.5.3.1.1 through 5601.5.3.1.3.
ORDINANCE NO. 2013 -10
34
5601.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless
propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be displayed
in Group M occupancies.
5601.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be
displayed in Group M occupancies.
5601.53.1.3 Small arms primers. No more than 10,000 small arms primers shall be
displayed in Group M occupancies.
5601.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies shall
comply with Sections 5601.5.3.2.1 through 5601.5.3.2.3.
5601.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless
propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding 20
pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden
boxes having walls of at least 1 inch (25 mm) nominal thickness.
5601.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall not
exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine. When black
powder and smokeless propellants are stored together in the same magazine, the total
quantity shall not exceed that permitted for black powder.
5601.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on
display shall not exceed 750,000. Storage shall be arranged such that not more than
100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572
mm) apart.
AMEND THE 2012 IFC/2013 CFC SECTION 5704.2.7.5.8 TO READ IN ITS ENTIRETY
AS FOLLOWS:
ORDINANCE NO. 2013-10
35
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel- burning
equipment inside buildings.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 5704.2.7.5.9 TO READ IN ITS
ENTIRETY AS FOLLOWS:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire
code official, that sends an alarm signal to a constantly attended location and immediately
stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an
annual basis and records of such testing shall be maintained on -site for a period of five
(5) years.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6001.3 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6001.3 Moderately Toxic Gases With a LC50 Equal To Or Less Than 3000 Parts
Per Million. Notwithstanding the hazard class definition in Section 3702, moderately
toxic gases with an LC50 less than 3000 parts per million shall additionally comply with
the requirements for toxic gases in Section 6004 of this code.
AMEND THE 2012 IFC /2013 CFC SECTION 6004 TO READ IN ITS ENTIRETY AS
FOLLOWS:
ORDINANCE NO. 2013 -10
36
SECTION 6004 HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC
COMPRESSED GASES INCLUDING THOSE USED AS REFRIGERANTS.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.4 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.4 Automatic Shut -Off Valve. An automatic shut -off valve, which is of a fail -safe
to close design, shall be provided to shut off the supply of highly toxic gases for any of
the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.5 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.5 Emergency Control Station. Signals from emergency equipment used for
highly toxic gases shall be transmitted to an emergency control station or other approved
monitoring station, which is continually staffed by trained personnel.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.6 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the
maximum threshold quantity in a single vessel per control area or outdoor control area shall
comply with the additional requirements for highly toxic gases of Section 3704 of this code.
ORDINANCE NO. 2013 -10
37
Moderately toxic gases stored or used in quantities exceeding the maximum threshold
quantity in a single vessel per control area or outdoor control area shall comply with the
additional requirements for toxic gases of Section 3704 of this code.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.7 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles
containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be
equipped with a reduced flow valve when available. If a reduced flow valve is not
available, the container shall be used with a flow - limiting device. All flow limiting
devices shall be part of the valve assembly and visible to the eye when possible;
otherwise, they shall be installed as close as possible to the cylinder source.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.8 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.8 Fire Extinguishing Systems. Buildings and covered exterior areas for storage
and use areas of materials regulated by this Chapter shall be protected by an automatic fire
sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any
room or area where highly toxic, toxic and moderately toxic gases are stored, handled or
used shall be in accordance with Section 5004.5.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.9 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.9 Local Gas Shut Off. Manual activation controls shall be provided at locations
near the point of use and near the source, as approved by the fire code official. The fire
code official may require additional controls at other places, including, but not limited to,
the entry to the building, storage or use areas, and emergency control stations. Manual
ORDINANCE NO. 2013-10
38
activated shut -off valves shall be of a fail- safe -to -close design.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.10 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.10 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases
exceeding threshold quantities, a continuous monitoring system shall be provided to
assure that the required exhaust ventilation rate is maintained. The monitoring system
shall initiate a local alarm. The alarm shall be both visual and audible and shall be
designed to provide warning both inside and outside of the interior storage, use, or
handling area.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.11 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.11 Emergency Response Plan. If the preparation of an emergency response plan
for the facility is not required by any other law, responsible persons shall prepare, or
cause to be prepared, and filed with the fire code official, a written emergency response
plan. If the preparation of an emergency response plan is required by other law, a
responsible person shall file a copy of the plan with the fire code official.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.12 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon
delivery and again immediately prior to departure. Testing shall be approved by the fire
code official in accordance with appropriate nationally recognized industry standards and
practices, if any. Appropriate remedial action shall be immediately undertaken when
leaks are detected
ORDINANCE NO. 2013-10
39
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.13 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.13 Inert Gas Purge System. Gas systems shall be provided with dedicated inert
gas purge systems. A dedicated inert gas purge system may be used to purge more than
one gas, provided the gases are compatible. Purge gas systems inside buildings shall be
located in an approved gas cabinet unless the system operates by vacuum demand.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6004.1.14 TO READ IN ITS
ENTIRETY AS FOLLOWS:
6004.1.14 Seismic Shutoff Valve. An automatic seismic shut -off valve, which is of a
fail -safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and
moderately toxic gases with an LC50 less than 3000 parts per million upon a seismic
event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of
0.3G (1.47m/sec2) and a period of 0.4 seconds.
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1
through 6004.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately
toxic gases for indoor storage and use are set forth in Table 6004.2.
ORDINANCE NO. 2013-10
40
AMEND THE 2012 IFC /2013 CFC BY ADDING TABLE 6004.2 TO READ IN ITS
ENTIRETY AS FOLLOWS:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Storage and Use
Highly Toxic
0
Toxic
10 cubic feet
Moderately Toxic
20 cubic feet
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, moderately toxic, and toxic compressed gases shall be as set forth in
Sections
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2.1.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control
Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in
amounts exceeding the maximum allowable quantity per control area set forth in Table
6004.2 shall be in accordance with Sections 5001, 5003, 6001, 6004.1 and 6004.2,
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
ORDINANCE NO. 2013-10
41
6004.2.2 General Indoor Requirements. The general requirements applicable to the
indoor storage and use of highly toxic, moderately toxic and toxic compressed gases shall
be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.
Moderately toxic gases with an LC50 less than 3000 parts per million shall comply with
the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.3
All other moderately toxic gases exceeding the threshold quantity shall comply with the
requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2.2.7 TO READ IN ITS ENTIRETY
AS FOLLOWS:
6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms and local exhaust systems required in Section 6004.2.2.4 and
6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized
to handle the accidental release of gas and to process exhaust ventilation. The treatment
system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5
and Section 510 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not
required for cylinders, containers and tanks in storage when all of the following are
provided:
1.1.Valve outlets are equipped with gas-tight outlet plug or caps.
1.2.Hand wheel- operated valves have handles secured to prevent movement.
1.3.Approved containment vessels or containment systems are provided in accordance
with Section 6004.2.2.3.
ORDINANCE NO. 2013-10
42
AMEND THE 2012 IFC /2013 CFC SECTION 6004.2.2.10.2 TO READ IN ITS ENTIRETY
AS FOLLOWS:
6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit
a signal to a constantly attended control station when a short-term hazard condition is
detected. The alarm shall be both visual and audible and shall provide warning both
inside and outside the area where the gas is detected. The audible alarm shall be distinct
from all other alarms.
AMEND THE 2012 IFC /2013 CFC SECTION 6004.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 6004.3.1
through 6004.3.4. The threshold quantity for highly toxic, toxic and moderately toxic
gases for outdoor storage and use are set forth in Table 6004.3.
AMEND THE 2012 IFC /2013 CFC BY ADDING TABLE 6004.3 TO READ IN ITS
ENTIRETY AS FOLLOWS:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for
Outdoor Storage and Use
Highly Toxic
0
Toxic
10 cubic feet
Moderately Toxic
20 cubic feet
AMEND THE 2012 IFC/2013 CFC SECTION 6004.3.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
ORDINANCE NO. 2013 -10
43
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth
in Sections 6004.3.1.1 through 6004.3.1.3.
AMEND THE 2012 IFC /2013 CFC SECTION 6004.3.1.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
6004.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control
Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding
the threshold quantity per control area set forth in Table 6004.3 shall be in accordance
with Sections 5001, 5003, 6001, 6004.1, and 6004.3.
Moderately toxic gases with an LC50 less than 3000 parts per million in amounts
exceeding the threshold quantity in Table 6004.3 shall comply with the requirements for
toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 6004.3 shall
comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and
6004.3.2.1 through 6004.3.2.5.
AMEND THE 2012 IFC /2013 CFC SECTION 6004.3.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders.
Weather protection in accordance with Section 5004.13 shall be provided for portable
tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures.
The storage area shall be equipped with an approved automatic sprinkler system in
accordance with Section 5004.5.
AMEND THE 2012 IFC /2013 CFC BY ADDING SECTION 6405.3.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
ORDINANCE NO. 2013-10
44
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems
shall automatically shut down at the source upon activation of the gas detection system at
levels above the alarm level and/or failure of the ventilation system for the silane
distribution system.
SECTION IV
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
aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably
necessary because of local climatic, geological or topographical conditions, or to impose proper
more stringent standards for fire and panic safety. A copy of these findings, together with the
modification or changes shall be filed by the City Clerk with the California Building Standards
Commission. Specifically, the City Council finds:
(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 115 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
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
ORDINANCE NO. 2013-10
45
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 SO
M Findings — Hazardous Materials. Hazardous Materials use,
handling and storage present unique emergency response requirements. The Gilroy Fire
ORDINANCE NO. 2013-10
.0
Department does not have its own hazardous materials team and the nearest mutual aid
team is in excess of 45 minutes response time; and
The City of Gilroy relies solely on ground water for water supply and much of the
area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply
and additional measures are needed to ensure that these materials do not threaten that
supply; and
Because Gilroy is remote from the main metropolitan areas, there are fewer
ambulance and hospital services available to provide for large numbers of persons with
injuries. Hazardous Materials and other intensive industrial uses place a competing
burden on the delivery of fire services. Hazardous Material and/or facilities using,
storing hazardous materials require additional controls to ensure that such hazards can be
controlled; and
(5) Fire and Panic Safe1y Findings — Automatic Fire Sprinklers. 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. Response to fires, medical aid and other disasters can result in fire
responders to be called to multiple calls or to calls that require more suppression
resources than may be on duty. Therefore fire sprinkler systems are relied upon to
provide for quick and reliable fire suppression or control. To this end these systems are
needed at a lower threshold than the International Codes provide. These systems also
need to be designed to provide quick effective and complete fire protection in their
activation in order to minimize the effects of fire and panic.
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
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.
ORDINANCE NO. 2013-10
47
SECTION VI
This Ordinance including the Codes and amendments to the Codes adopted hereunder
shall be in full force and effect on January 1, 2014.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 18u'
day of November 2013, by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRACCO
A TTRCT-
APPROVED:
Donald Gage, Mayor
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -10 is an original ordinance, or 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 18'h day of November, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 20th day of November, 2013.
City Clerk of the City of Gilroy
(Seal)