Resolution 1985-04
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RESOLUTION NO. 85 - 4
RESOLUTION OF THE COm~CIL OF THE CITY OF GILROY ADOPTING
UNIFORM FIRE CODE, 1982 EDITION, WITH MODIFICATIONS.
w~EREAS, Section 10.9 of the Gilroy City Code provides that
the latest edition of the Uniform Fire Code shall be submitted to
the Council to become effective within the City upon approval by
resolution, subject to possible modifications and amendments; and
w~EREAS, the 1982 Edition of the Uniform Fire Code has been
submitted and recommended by the Fire Chief for Council approval,
with modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF GILROY that the Uniform Fire Code, including Appendices Divisions
I, II, III, IV, V, and VI, and any fees or charges set forth therein,
is adopted and shall apply within the City of Gilroy with the follow-
ing modifications:
Section 10.309.(b) changed to read: All Occupancies. An
automatic sprinkler system shall be installed;
Section 10.309.(b).5 add to read: In any building or group
of buildings where in the judgement of the Fire Chief, such buildings
or group of buildings due to size, height, type of construction, loca-
tion on property, contents or occupancy classification would exceed
or severely tax the capabilities of the local fire department to
perform a reasonable level of rescue and fire suppression. Fire flow
for each building will be determined utilizing the Insurance Services
Office basic fire flow formula.
F= (18XC) X I A
where:
F= required fire flow in gallons per minute
C= coefficient related to type of construction
A= total floor area (including basement)
.6 type I & II fire resistive construction
.7 type II one hour construction
.8 type II non-rated construction
RESOLUTION NO. 85 - 4
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1.0
.9
1.25
1.5
type III one hour construction
type III non-rated construction
type IV construction
type V one hour construction
type V non-rated construction
Regardless of area or occupancy separation walls, when more
than 1500 gallons per minute fire flow is required, the building shall
be equipped with an automatic fire sprinkler system. Such buildings
shall include, but not be limited to:
A. all buildings more than three stories or thirty feet
in height; or
B. buildings where limited access for fire apparatus
does not permit mobile unit operations of ladder
companies to within fifteen (15) feet or openings
in stories as required in UBC 504 and 3802; or
C. buildings where limited access for fire apparatus
does not permit mobile use of pump and hose compan-
ies to reach all sides of the building without hand
laying more than 150 feet of fire hose.
D. if a fire sprinkler system is not required for pur-
poses other than this section, the area increases
specified in Section 506(c), the height and story
increase specified in Section 507 and the fire-resis-
tive substitution in 508 of the Uniform Building
Code may be permitted.
E. additions to existing buildings: this section shall
apply to all additions to existing buildings.
1. if the entire building area, including the
addition, exceeds the area permitted in
Section 3802(a) through 3802(g), of the
Uniform Building Code, then the entire
building shall be sprinklered; or
2. if the entire building area, including the
addition, requires an automatic sprinkler
system by this section, but the entire build-
ing is below the area specified in Section
3802(a) through 3802(g), the addition shall
be equipped with an automatic fire sprinkler
system and be separated from the existing
building by an area separation wall as speci-
fied in 505(e) of the Uniform Building Code.
F. This section shall not be applicable to R-1 and R-3
buildings under five thousand (5,000), square feet
in area.
Section 78.102(b) changed to read: Permits may be granted to
tax-exempt, non-profit organizations for the retail sale of "Safe and
Sane" Fireworks, as defined by the California State Fire Marshal, and
RESOLUTION NO. 85 - 4
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such fireworks may be sold and discharged in the City under the
following express conditions:
1. No person or other legal entity shall be permitted
to sell fireworks in the City unless exempted from
tax by the Franchise Tax Board.
2. Profits from such sales shall be used for charitable
purposes.
3. Retailers shall not sell fireworks to anyone less than
16 years of age.
4. Only boxed assortments packed by a wholesaler or manu-
facturer shall be sold by the retailer in the original
package. Items such as sparklers of different colors
are not a boxed assortment.
5. Retail sales of such boxed assortments shall be made
only between July 1st and July 4th of each year.
6. A safety pamphlet on the use of "Safe and Sane" fire-
works furnished by the manufacturer shall be given by
the seller to each purchaser at the time of sale.
That a copy of this resolution be kept on file in the office
of the Fire Chief for examination by interested persons, that a copy
of this resolution shall be given to each retailer of fireworks
when a business license is applied for, that violation of the above
provisions modifying the Uniform Fire Code shall be deemed infrac-
tions, and the Department of Fire and Police are directed to issue
citations therefor.
The chief shall have power to adopt reasonable rules and
regulations for the granting of permits for supervised public dis-
plays of fireworks by a jurisdiction, fair associations, amusement
parks, other organizations or for the use of fireworks by artisans
in pursuit of their trade. Every such use or display shall be
handled by a competent operator approved by the chief and shall be
of such character and so located, discharged or fired so as, in the
opinion of the chief after proper investigation, not to be hazardous
to property or endanger any person.
Add Section 79.101 (d): The storage of flammable and combus-
RESOLUTION NO. 85-4 -3-
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tible liquids as defined in Section 9.105 and 9.108 in outsidet
above ground tanks and underground tanks is prohibited in the fol-
lowing zones: RH, R1t R2, R3, Rlft PO, C1, C2 and C3 as defined in
the City of Gilroy Zoning Map.
Add Section 79.115: The production or manufacture of flam-
mable or combustible liquids as defined in Section 9.105 and 9.108
from stills or condensers is prohibited in the following zones: RH,
R1, R2, R3t R4, PO, C1, C2 and C3 as defined in the City of Gilroy
Zoning Hap.
Add Section 79.903 (b)l.: W:Len an attendant cannot fulfill
the duties of Section 79.903.(b), such as might be expected in a
mini-mart/service station operation, an approved automatic fire ex-
tinguishing system shall be installed at the pump islands or a
second attendant shall De provided to fulfill the duties set forth
in Section 79.903(b).
Add Section 82.105(g): The storage of liquid petroleum gases,
is prohibited in areas zoned as RH, R1, R2t R3t R4 and PO as defined
in the City of Gilroy Zoning Map.
EXCEPTION: 1. containers used for torches and similar
uses
2. portable containers in barbecues, camp
stoves, recreation vehicles, and similar
uses
3. motor vehicle fuel tanks
Add Section 24 to Appendix IIA:
24. ROOF COVERINGS
Regardless of requirements contained in Section 3202(a, band
c) of the 1982 Uniform Building Code, all roof coverings on buildings
hereafter constructed in areas of the City that have been designated
to be a hazardous fire area due to vegetationt topography, water sup-
ply or access, shall have roof coverings as specified in Section 3203
(e), 1 through 11 of the 1982 Uniform Building Code. Refer to hazard-
RESOLUTION NO. 85 - l;
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ous fire area maps on file in the City of Gilroy Planning Departrnent,
Building Department and Fire Department.
That a copy of this resolution be kept in the office of the
Fire Chief for examination by interested persons.
PASSED AND ADOPTED this 7th day of January, 1985, by the fol-
lowing vote:
AYES:
NOES:
COUNCIL ~~rffiERS: ALBERT, GAGE, KLOECKER, WJSSALLEM,
PATE, VALDEZ and HUGHAN.
COUNCIL HElmERS: None
ABSENT:
COUNCIL ~llilffiERS: None
APPROVED:
ATTEST:
~~~:r~Y
RESOLUTION NO. 85 - 4
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I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 85-4 is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 7th
day of January, 19~, 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 10th day of January
19 85.
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