Resolution 1999-61
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Resolution 99-61
RESOLUTION NO, 99-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING THE LATEST EDITION (1997 EDITION)
OF THE FOLLOWING UNIFORM CODES: UNIFORM
BUILDING CODE, UNIFORM ADMINISTRATIVE CODE,
UNIFORM HOUSING CODE, UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM
CODE FOR BUILDING CONSERVATION, UNIFORM
PLUMBING CODE, UNIFORM MECHANICAL CODE, AND
THE UNIFORM FIRE CODE, THE 1998 EDITION OF THE
CALIFORNIA mSTORICAL BUILDING CODE, AND THE 1996
EDITION OF THE NATIONAL ELECTRICAL CODE, WITH
CERTAIN AMENDMENTS, PURSUANT TO GILROY CITY
CODE SECTIONS 6.1 AND 10.9.
WHEREAS, Sections 6.1 and 10.9 of the Gilroy Code provide that the latest edition
of the Uniform Construction Codes and the Uniform Fire Code shall be submitted to the City
Council for adoption by resolution, subject to such amendments and modifications as may be
contained in such resolution of approval; and
WHEREAS, the latest editions of the Uniform Construction Codes are the 1997
editions of the Uniform Building Code, Uniform Administrative Code, Uniform Housing Code,
Uniform Code for the Abatement of Dangerous Buildings, Uniform Code for Building
Conservation, Uniform Plumbing Code, Uniform Mechanical Code, and the Uniform Fire Code,
the 1998 edition ofthe California Historical Building Code, and the 1996 National Electrical Code;
and,
WHEREAS, California has adopted these Codes as the California Building
Standards Code; and,
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WHEREAS, the California Building Standards Code does not limit the authority of
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Resolution 99-61
the City to adopt local amendments to these Codes if reasonably necessary due to local climatic,
geological and topographical conditions; 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 hazardous fire areas
that have only limited fire suppression forces and facilities available for the protection of life and
property; and,
WHEREAS, fire protection and suppression services for multi-family dwellings and
other buildings of three stories or more than thirty feet in height are limited and therefore require
supplemental fire suppression services such as automated fire sprinkler systems; 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,
WHEREAS, the City is participating in a months long County-wide effort to make
uniform amendments throughout all of the cities in the county that share similar local climatic,
geological and topographical considerations; and
WHEREAS, City staff recommends that some local amendments to the Codes are
necessary as are set forth in the report which is attached hereto as Exhibit A and which is
incorporated herein by this reference as if set forth in full; and,
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WHEREAS, a duly noticed public hearing was held prior to the adoption of these
Codes by the City Council on June 2 I, 1999; 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, BE IT RESOLVED by the City Council that:
I. The Uniform Building Code, 1997 edition, Volumes 1,2, and 3, and the following
appendix chapters: Chapter 3, Division II, Chapter 15, Chapter 18, Chapter 31, Divisions I, II and
III, Chapter 33, Chapter 34, Division III, are adopted, subject to the modifications and amendments
recommended by the Building Official described in Exhibit A, including any fees or charges, and
any and all penalties set forth therein;
2. The Uniform Administrative Code, 1997 edition, is adopted, subject to the
modifications and amendments recommended by the Building Official described in Exhibit A,
including any fees or charges, and any and all penalties, set forth therein;
3. The Uniform Housing Code, 1997 edition, is adopted subject to the modifications
and amendments recommended by the Building Official described in Exhibit A, including any fees
or charges, and any and all penalties, set forth therein;
4. The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, is
adopted with no modifications, amendments or deletions as recommended by the Building Official;
5, The California Historical Building Code, 1998 edition, published by the Division of
the State Architect, is adopted with no modifications, amendments or deletions as recommended by
the Building Official;
6. The Uniform Code for Building Conservation, 1997 edition, is adopted with no
modifications, amendments or deletions as recommended by the Building Official;
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Resolution 99-61
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7. The Uniform Plumbing Code, 1997 edition, and the following appendices,
Appendix A, B, C, D, H, I and K are adopted, subject to the modifications and amendments
recommended by the Building Official described in Exhibit A, including any fees or charges, and
any and all penalties, set forth therein;
8. The Uniform Mechanical Code, 1997 edition, is adopted subject to the
modifications and amendments recommended by the Building Official described in Exhibit A,
including any fees or charges, and any and all penalties, set forth therein;
9. The National Electrical Code, 1996 edition, is adopted with no modifications,
amendments or deletions as recommended by the Building Official.
10, The Uniform Fire Code, 1997 Edition, Volume I and 2, and the following
Appendix chapters: Appendix I-C, Appendix II-A, Appendix II-B, Appendix II-D, Appendix II-F,
Appendix II-H, Appendix II-I, Appendix III-A, Appendix IV-A, Appendix IV-B, Appendix V-A,
and Appendix VII, are adopted subject to the modifications and amendments recommended by the
Building Official described in Exhibit A, including any fees or charges, and any and all penalties,
set forth therein;
II. A copy of each of the aforementioned Codes, along with the amendments
recommended by the Building Official, is on file and open to public inspection in the office of the
City Clerk.
12. The aforementioned Codes and applicable amendments and appendices described in
Exhibit A, shall be effective within the City of Gilroy commencing on July I, 1999.
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Resolution 99-61
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13. The City Council hereby finds that any and all Uniform Code amendments were
reasonably necessary because of local climatic, geological and topographical conditions as
described above and in Exhibit A.
14. The City Council hereby directs staff to include in the record any and all documents
setting forth facts and findings for adoption ofthe Uniform Codes and amendments and appendices
thereto.
PASSED AND ADOPTED this 21 ~ day of June, 1999 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, MORALES, ROWLISON,
SPRlNGER, SUDOL, GILROY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
GIFFORD
APehV~~~~
KA. Mike Gilroy, Mayor ')
AT~~> ~ .
~n/A .~~~.
Rhonda Pellin, City Clerk
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EXHIBIT "A"
The recommended amendments are in the following order:
PAGE
UNIFORM BUILDING CODE (UBC) 2
UNIFORM ADMINISTRATIVE CODE (UAC) 9
UNIFORM HOUSING CODE (UHC) 11
UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS (UCADB) 12
CALIFORNIA HISTORICAL
BUILDING CODE (HBC) 13
UNIFORM CODE FOR BUILDING
CONSERVATION (UCBC) 14
UNIFORM PLUMBING CODE (UPC) 15
UNIFORM MECHANICAL CODE (UMC) 18
NATIONAL ELECTRICAL CODE (NEC) 20
UNIFORM FIRE CODE (UFC) 21
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Resolution 99-61
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EXHIBIT A
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UNIFORM
BUILDING CODE
UNIFORM BUll-DING CODE VOLUME 1. 2. & 3
The Uniform Building Code, 1997 Edition volume 1, 2, & 3 and the following appendix chapters;
Chapter 3 Div II, Chapter 15 , Chapter 18, Chapter 31 Div I, II, & ill, Chapter 33, Chapter 34 Div ill.
are adopted with the following modifications, amendments and deletions recommended by the
Building Official.
AMEND 1997 UBC SECTION NO. 106.2 Work Exemot From Permit ITEM #5
SECTION READS:
5. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the
footing to the top ofthe wall, unless supporting a surcharge or impounding Class I, II or ill-A liquids.
AMENDED TO READ:
5. Retaining walls which are not over 4 ft. in height measured from the bottom ofthe footing to the top
of the wall, unless supporting a surcharge, impounding Class I, II or ill-A liquids, in close proximity to
property lines or pubic property or when used as a surface water drainage component.
REASON FOR AMENDMENT:
This an administrative function which will require permits for retaining walls under a broader scope,
insuring measures to protect city infrastructure, private property and other facilities in close proximity
to new retaining walls. This existing amendment continues to be required by local conditions. It is
contained within Resolution #92-36 that was adopted by the City Council. Findings regarding
Resolution #92-36 were sent to the State Department of Housing and Community Development.
AMEND 1997 UBc SECTION NO. 107.1General.
SECTION READS:
Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee
schedule Adopted by the jurisdiction.
AMEND TO READ:
Fees shall be assessed in accordance with the adopted City Of Gilroy comprehensive fee schedule
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AMEND 1997 TIDe SEC~ NO. 107.2 Permit Fees. 107.3 PIa.view Fees & 107.5.2
Investi2ation Fee.
SECTIONS READS:
Sections 107.2 , 107.3 & 107.5.2 fees set forth in Table I-A
AMENDED TO READ:
Delete all reference in sections 107.2, 107.3, & 107.5.2 to fees in Table I-A and replace to read
"As set forth or shown per the adopted City of Gilroy comprehensive fee schedule"
REASON FOR AMENDMENT:
The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule annually. All
Building and Development fees are to be assessed from the most current and adopted Comprehensive
Fee Schedule.
AMEND 1997 TIDe SECTION NO.1611.6 Retainin2 Walls VOL. # 1 & #2
SECTION READS:
Retaining walls shall be designed to resist the lateral pressure of the retained material in accordance
with accepted engineering practice. Walls retaining drained soil, where the surface of the retained soil
is level, shall be designed for a load, H, equivalent to that exerted by a fluid weighing not less than
30psfper foot ofdepth(4.71 kN/m2/m) and having a depth equal to that of the retained soil. Any
surcharge shall be in addition to the equivalent fluid pressure.
Retaining walls shall be designed to resist sliding by at least 1.5 times the lateral forces and
overturning by at least 1.5 times the overturning moment, using allowable stress design loads,
ADD NEW SECTION TO READ:
1611.6.1 Retaining walls shall be constructed of concrete or masonry and be designed by a California
State licensed engineer or shall conform to the minimum standards as outlined by Building Division.
REASON FOR AMENDMENT:
This existing amendment continues to be required by local conditions. It is contained within
Resolution #92-36 that was adopted by the City Council. Findings regarding Resolution #92-36 were
sent to the State Department of Housing and Community Development.
AMEND 1997 TIDe SECTION NO.2320.11.3 Convention Construction Provisions to delete item
5 & amend item 7 Bradn!! VOL #1 &VOL. #II
DELETED SECTION 2320.11.3 item 5 READS:
Gypsum board [sheathing 1/2 inch (13mm) thick by 4 feet (1219 mm) wide, wallboard or veneer
base] on studs spaced not over 24 inches (610 mm) on center and nailed at 7 inches (178 mm) on
center with nails as required by Table 25-1.
SECTION 2320.11.3 item 7 READS:
Portland cement plaster on studs spaced 16 inches (406 mm) on center installed in accordance
with table 25-1.
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AMENDED TO READ: pAd cement plaster on studs spaced 16eles (406 mm) on center
installed in accordance with table 25-1 Limited to one story structures ofR-3 and U-I occupancies.
REASON FOR AMENDMENT:
The entire Santa Clara Valley is located in a highly active seismic zone. Gypsum wallboard and
exterior portland cement plaster have performed poorly during recent California seismic events, The
shear values for gypsum wallboard and portland cement stucco contained in the code are based on
mono-directional testing. It is appropriate to limit the use of these products until cyclic loading testing
are performed and evaluated.
AMEND 1997 UBC SECTION NO.904.2.1 Where Reauired
SECTION READS:
An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth
in this section. For provisions on special hazards and hazardous materials, see the Fire Code.
ADD NEW SECTION TO READ:
Section 904.2.1.1 In addition to the requirements of this code, an automatic sprinkler system shall be
installed as follows:
Any building or group of buildings where in the judgement of the Fire Chief due to size, height,
type of construction, location on property, contents of occupancy classification or change in use
which 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 any new building 3,000 square feet or greater. Such buildings shall include, but are
not limited to:
a) All buildings three stories or thirty feet in height; or,
b) Buildings where limited access for fire apparatus does not permit
mobile unit operations ofladder companies to within fifteen (15)
feet of openings in stories as required by the Uniform Building Code; or,
c) Buildings where limited access for fire apparatus does not permit mobile
use of pump and hose companies to reach all sides of the building
without laying more than 150 feet of fire hose.
d) If a fire sprinkler system is not required for purposes other than this
section, substitution provided for in the Uniform Building Code may
be permitted.
e) Additions to existing buildings: this section shall apply to all existing buildings.
I, If the entire building area, including the addition exceeds the area
permitted by the current 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 building
is below the area specified in the current Uniform Building Code, the
addition shall be equipped with an automatic fire sprinkler system.
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EXCEPTION: One-time ad.ns ofless than 1000 square feet need.be sprinklered unless
otherwise required.
3. In buildings protected by an automatic sprinkler system, additions,
regardless of size, shall be protected by an automatic sprinkler system.
f) Automatic fire sprinkler systems shall be installed in all R-l and R-3
buildings over five thousand (5,000) square feet in area and all buildings
constructed in an RH (Residential Hillside) zoning district.
REASON FOR AMENDMENT:
With the exception of sub-sections "e-2" and "e-3", the addition of this amendment is identical to
previously adopted language.
Sub-section "e-2" has been amended to eliminate the requirement for sprinkler systems in additions of
less than 1 000 square feet. This amendment also eliminates requirements for an area separation wall.
The intent of Sub-section "e-3" is to ensure that sprinklered buildings remain protected throughout.
Buildinl! Code ADDendix ChaDters
The Uniform Building Code, 1997 Edition volume I is further amended by adopting the following
Appendix chapters;
CHAPTER 3 Division II - AGRICULTURAL BUILDINGS
CHAPTER 15 - REROOFING
CHAPTER 18 - WATERPROOFING AND DAMPROOFING
CHAPTER 31 Division I - FLOOD RESISTANT
CHAPTER 31 Division II - MEMBRANE STRUCTURES
CHAPTER 31 Division IIl- PATIO COVERS
CHAPTER 33 - EXCAVATION AND GRADING
CHAPTER 34 Division IIl- REPAIRS TO BUILDINGS AND STRUCTURES DAMAGED BY
THE OCCURANCE OF A NATURAL DISASTER with amendments set forth in this section are
adopted.
AMEND 1997 UBC APPENDIX CHAPTER 33 EXCA VA TION AND GRADING
AMEND APPENDIX CHAPTER 33 AS FOLLOWS:
Whenever the word "Building Official" appears in Appendix Chapter 33 Vol. I, it shall also mean the
"Director of Community Development" of the City of Gilroy.
ADD SECTION 3316.3 EROSION CONTROL TO READ:
Section 3316.3 Erosion Control
a. The applicant shall submit an Interim Erosion and Sediment Control Plan. This can be
incorporated on the Grading Plan and shall include the following information:
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3.
Maxirr8surface runoff from the site as calculeusing the method approved
by the Building Official
A delineation and brief description of the surface runoff and erosion control
measures to be implemented including but not limited to types and methods of
applying mulches to be used.
A delineation and brief description of vegetative measures to be taken, included
but not limited to, seeding methods, the type, location and extent of existing and
undisturbed vegetation types, and a schedule for maintenance and upkeep.
1.
2.
b. No improvements planned. Where an applicant does not plan to construct permanent
improvements on the site, or plans to leave portions of the site graded but unimproved,
applicant must:
I. Submit an Interim Plan designed to control runoff and erosion on the site for the
period oftime during which the site, or portions thereof, remain unimproved
and:
2. Submit a request for release after the completion of grading.
c, Work Schedule: The applicant must submit a master work schedule showing the following
information:
1. Proposed grading schedule;
2. Proposed conditions of the site on each July 15, August IS, September IS, and
October IS during which the permit is in effect;
3. Proposed schedule for installation of all interim erosion and sediment control
measures including, but not limited to, the stage of completion of erosion control
devices and vegetative measures on each of the dates set forth in Subsection (2);
4. Schedule for construction of final improvements, if any;
5. Schedule for installation of permanent erosion and sediment devices where
required.
d. Wet Season Work. (October 15 to April 15)
I. For commencement of the grading during the wet season, applicant must
provide special documentation, as required by Building Official, showing the
reasons other than financial, for the need to commence at that time.
2. For continuation of activities, other than installation, maintenance or repair of
measures in the Interim or final plans, during the wet season, permittee must
apply for and receive, every five (5) working days, special permission to
proceed.
3. The Building Official shall grant permission under this subsection on the basis
of weather forecasts, experience and other pertinent factors, which indicate the
activity, may occur without excessive erosion occurring.
ADD NEW SECTION 3317.6.1 TO READ:
3317.6.1 Dust aud Mud Control Measures. Contractors performing grading operations within
the City where dry conditions or wet conditions are encountered shall adequately and effectively
control dust or mud from spreading off-site or onto existing structures on-site. Prior to commencement
of grading operations, contractor shall furnish details of proposed dust or mud control measures to the
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ADD NEW SECTION 3317.6.2 TO READ:
Building Official for approvAilure to control dust or mud from gra. operations shall result in
suspension of grading operations until adequate measures are in place to allow continuance.
3317.6.2 Archeological Discovery. If in the course of any grading operation, any artifacts, human
remains, or substantial fossils are discovered, all grading operations shall cease, and the discovery site
suitably marked and protected from further damage, A report of such findings shall be as outlined in
the zoning ordinance; specifically if human remains are discovered, the Sheriff-Coroner and the
Building Official shall be notified. If no human remains are discovered, but artifacts or significant
fossils are discovered, the Building Official shall be notified.
ADD NEW SECTION 3319 TO READ:
Section 3319.1 Work Stoppage. Whenever the Building Official determines that the work does
not comply with the terms ofthe permit or of this_Chapter, he or she may order the immediate
cessation of all work thereunder until such corrective measures have been completed.
Section 33l9.2Right of Entry. Whenever the Building Official or designated subordinate(s)
have reasonable and/or probable cause to believe that there exists accelerated erosion, and/or a
violation of this Chapter, helshe may enter such site at all reasonable times to inspect the same,
to perform any duty imposed upon him/her by this Chapter, providing that if such premises are
occupied, helshe shall first present proper credentials and request entry, and if the premises are
found to be unoccupied, he/she shall first make a reasonable effort to locate the owner or other
person having charge or control of said premises and request entry. If such entry is refused, the
Building Official shall have recourse to every remedy provided by law to secure entry.
Section 3319.3Notification of Violation. Any person found to be in violation of the provisions
of this Chapter shall be required to correct the problem upon written notification from the
Building Official or designated subordinate(s). Such written notification may require that
certain conditions be adhered to in the correction of the problem. These may include, but are
not limited to, the following:
a) Use of specific erosion control techniques
b) Submittal of plans and specifications to be approved by the Community
Development Department, and any other department affected by such work,
prior to the commencement of corrective work.
c) Completion of corrective work within a specified time period,
Section 3319.4Abatement of Violation. If the responsible party fails to act in response to
written notification of the Building Official, the violation may be declared a public nuisance
and be abated as required to restore the site to it's original condition. Where there is an
emergency condition of erosion or sediment damaging a waterway, marsh, or other body of
water, or significant habitat or archeological site, the Building Official may have the necessary
corrective work done and bill the property owner or lien the property for repayment.
Section 33l9.SPenalties.
a) Any person, whether as principal, agent, employee or otherwise, or firm or corporation
violating, or causing or permitting the violation of any of the provisions of this Chapter
shall be subject to citations and penalties set forth in Sections 6.16 and 6A3 of the
Gilroy Municipal Code.
b) Each separate day or portion thereof during which any violation occurs or continues
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without a gOOath effort by the responsible person to.ect the violation, shall be
deem~ to constitute a separate offense.
c) In addition to the above noted penalties, the Building Official is hereby authorized to
attach an investigation fee up to twice the grading permit fee, to any such permit issued
for corrective action.
Section 3319.6Enforcement. The Building Official and or his/her designated subordinate(s) is
hereby authorized and directed to enforce all the provisions of this Chapter. For such purpose,
the Building Official shall have the powers of a law enforcement officer.
Section 3319.6Appeals. Any person who believes the Building Official has erred in the
technical application of this Chapter may appeal such action to the "Building Board of
Appeals".
REASON FOR AMENDMENT:
This existing amendment continues to be required by local conditions. It is contained within
Resolution #92-36 that was adopted by the City Council. Findings regarding Resolution #92-36 were
sent to the State Department of Housing and Community Development.
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UNIFORM
ADMINISTRATIVE
CODE
UNIFORM ADMINISTRATIVE CODE
The Uniform Administrative Code, 1997 edition is adopted, with the following modifications and
amendments recommended by the Building Official.
AMEND 1997 UAC SECTION NO.301.2.1 Buildin2 Permits. ITEM #5
SECTION READS:
5. Retaining walls which are not over 4 ft. in height measured from the bottom of the footing to the top
of the wall, unless supporting a surcharge or impounding Class I, IT or impounding flammable liquids.
AMENDED TO READ:
5, Retaining walls which are not over 4 ft. in height measured from the bottom of the footing to the top
of the wall, unless supporting a surcharge, impounding Class I, IT or l1I-A liquids, in close proximity to
property lines or pubic property, or when used as a surface water drainage component.
REASON FOR AMENDMENT:
This is an administrative function, which will require permits for retaining walls under a broader
scope, insuring measures to protect city infrastructure, private properties and other facilities in close
proximity to new retaining walls.
AMEND 1997 UAC SECTION NO. 304.1 General.
SECTION READS:
Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee
schedule approved by the jurisdiction.
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AMEND TO READ:
Fees shall be assessed in accordance with the adopted City Of Gilroy comprehensive fee schedule
AMEND 1997 UAC SECTION NO. 304.2 Permit Fees & 304.3 Plan Review Fees.
SECTIONS READS:
304.2 & 304.3 "As set forth in tables 3-A through 3-H" or as shown in table 3-Athrough 3-H"
AMENDED TO READ:
Sections 304.2 and 304.3 shall read "As set forth or shown per the adopted City Of Gilroy
comprehensive fee schedule"
REASON FOR AMENDMENT:
The City Council reviews and adopts the City of Gilroy Comprehensive Fee Schedule annually. All
Building and Development fees are to be assessed from the most current and adopted Comprehensive
Fee Schedule.
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UNIFORM
HOUSING
CODE
The Uniform Housing Code, 1997 edition, is adopted with the following modifications and
amendments recommended by the Building Official.
AMEND 1997 UNIFORM HOUSING CODE AS FOLLOWS:
AMEND CHAPTERS 1 through 16 TO READ:
Whenever the word "Housing Advisory And Appeals Board" appear, they shall be replaced with
"Building Board of Appeals."
REASON FOR AMENDMENT:
This an Administrative function where the City of Gilroy has already established a Building Board of
Appeals qualified to pass upon matters relating to Uniform Housing Code.
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UNIFROM CODE
for the
ABATEMENT of
DANGEROUS
BUILDINGS
UNIFORM CODE for the ABATEMENT of DANGEROUS BUILDINGS
The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is adopted with no
modifications, amendments or deletions as recommended by the Building Official.
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CALIFORNIA
HISTORICAL
BUILDING
CODE
CALIFORNIA mSTORICAL BUILDING CODE
The California Historical Building Code, 1998 Edition published by the Division of the State Architect
is adopted with no modifications, amendments or deletions recommended by the Building Official.
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UNIFORM CODE
for BUILDING
CONSERVATION
UNIFORM CODE for BUILDING CONSERVATION
The Uniform Code for Building Conservation, 1997 Edition is adopted with no modifications,
amendments or deletions as recommended by the Building Official.
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UNIFORM
PLUMBING CODE
UNIFORM PLUMBING CODE
The Uniform Plumbing Code 1997 edition and the following appendixes; Appendix A, Appendix B,
Appendix C, Appendix D, Appendix H, Appendix I, and Appendix K are adopted with the following
modifications, amendments and deletions recommended by the Building Official.
AMEND 1997 UPC CODE NO. 604.2 EXCEPTION.
SECTION READS:
Exception: Type "m" copper tubing may not be used for water piping when piping is above ground,
in or on, a building or underground outside of structures.
DELET E SECTION 604.2 EXCEPTION:
AMEND 1997 UPC CODE NO. 604.3 .
SECTION READS:
In addition to the required incised marking all hard drawn copper tubing shall be marked by means of a
continuous and indelible colored stripe, at least 1/4 inch (6.4 mm) in width as follows: Type K-
Green; Type L - Blue; Type M - Red; Type DWV, yellow.
AMENDED TO READ:
In addition to the required incised marking all hard drawn copper tubing shall be marked by means of a
continuous and indelible colored stripe, at least 1/4 inch (6.4 mm) in width as follows: Type K-
Green; Type L - Blue; Type DWV, yellow. Type M - is not approved for use
REASON FOR AMENDMENT:
This existing amendment continues to be required by local conditions. It is contained within
Resolution #92-36 that was adopted by the City Council. Findings regarding Resolution #92-36 were
sent to the State Department of Housing and Community Development.
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AMEND 1997 UPC SECTION NO. 609.4 Testinl!
.
SECTION READS
Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and
proved tight under a water pressure not less than the working pressure under which it is to be used. The
water used for tests shall be obtained from a portable source of supply. A fifty (50) pound per square
inch (344.5 kPa) air pressure may be substituted for the water test. In either method of test, the piping
shall withstand the test without leaking for a period of not less than fifteen (15) minutes.
AMENDED TO READ:
Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and
proved tight under a water pressure not less than 100 psi. The water used for tests shall be obtained
from a portable source of supply. A fifty (50) pound per square inch (344.5 kPa) air pressure may be
substituted for the water test. In either method of test, the piping shall withstand the test without
leaking for a period of not less than fifteen (15) minutes.
REASON FOR AMENDMENT:
This existing amendment continues to be required by local conditions. It is contained within
Resolution #92-36 that was adopted by the City Council. Findings regarding Resolution #92-36 were
sent to the State Department of Housing and Community Development.
AMEND 1997 UPC SECTION NO. 609.3
SECTION READS:
Water piping installed within a building and in or under a concrete floor slab resting on ground shall be
installed in accordance with the following requirements:
AMENDED TO READ:
Water piping shall not be installed in or under a concrete floor slab within a building without prior
approval of the Administrative Authority. When approved, such piping shall be installed as follows,
but not limited to the following requirements:
AMEND 1997 UPC SECTION NO. 609.0 Installation. Testinl!. Unions. and Location
ADD SECTION TO READ:
609.3.3
Piping installations in or under a concrete floor slab will be installed within a chase or
conduit for easy replacement, to the satisfaction of the Administrative Authority.
REASON FOR AMENDMENT:
1. Most of the surface soils in the Santa Clara Valley are relatively young and unconsolidated
sedimentary materials formed from a wide variety of parent materials. The varying chemical
composition, degree of weathering, and the relatively acid environment have created soils of
varying types, which are particularly corrosive in nature.
2. Much of the surface soil in the Santa Clara Valley are higWy expansive (i.e., shrink - swell
behavior) and has low bearing strength. There are two types of expansive soils in the area:
16
17
a. the organic. clays which are the recent bay muded
b. the plastic silty clays, which weather from the shale, found in the hills surrounding
Santa Clara Valley.
3. The local climate is characterized by markedly delineated rainy and dry seasons, which tend to
maximize the expansive characteristics of soil.
4. Some parts of Santa Clara Valley have hard water, which is corrosive to ferrous pipe.
5. The groundwater table is unusually high in many places.
6. The Santa Clara Valley is in a higWy active seismic area.
AMEND 1997UPC SECTION NO. 719 Clean-outs
ADD NEW SECTION TO READ:
719.1.1 A clean-outs shall be installed on private property adjacent to property line where the
private sewer system connects to the public sanitary sewer lateral. All such line clean-outs shall be
extended to grade with materials according to specifications approved by the Administrative Authority
and terminate within a concrete box.
Exception: If the lateral does not exceed 50 ft from the middle of the pubic road to the building drain
clean-out and the building drain clean-out is provided with a directional two way fitting. In addition,
the run must be substantially straight with less than an aggregate change of direction not to exceed 13 5
degrees.
REASON FOR AMENDMENT:
The Santa Clara Valley soils are expansive in nature. These expansive soils create unstable conditions,
which increase the potential of breaks in sewer laterals. To maintain health and sanitary services, it is
necessary to gain access, to periodically maintain public sanitary laterals. This is accomplished by the
additional clean-out as required above.
18
. .
UNIFORM
MECHANICAL
CODE
UNIFORM MECHANICAL CODE
The Uniform Mechanical Code, 1997 Edition is adopted with the following modifications,
amendments and deletions recommended by the Building Official.
AMEND 1997 UMC SECTION NO. 1201.1.14 Markin!!
SECTION READS:
1201.1.1.14 Marking. Materials and devices shall be suitably identified. In addition to the incised
marking required in the standards, all hard - drawn copper tubing shall be marked by means of a
continuous and indelible colored stripe, at least 1/4 inch (6.4 mm) in width as follows:
Type L - Blue
Type K - Green
Type M - Red
AMENDED TO READ:
In addition to the required incised marking all hard drawn copper tubing shall be marked by means of a
continuous and indelible colored stripe, at least 1/4 inch (6.4 mm) in width as follows: Type K-
Green; Type L - Blue; Type DWV, yellow. Type M - is not approved for use
REASON FOR AMENDMENT:
To correspond with Res. # 92-36 in reference to the Uniform Plumbing Code section 203 (d)
"Type "m" copper, piping shall not be used."
AMEND 1997UMC SECTION NO.1201.1.7.2 Wall thickness
.
.
SECTION READS:
2. Tubing shall be at least. Type K - for condensate return lines; Type L - for steam condenser
cooling water lines, underground water lines, and above ground water lines; Type M - for above
ground water lines not embedded in concrete or masonry.
AMENDED TO READ:
2. Tubing to shall be at least. Type K - for condensate return lines; Type L - for steam condenser
cooling water lines, underground water lines, and above ground water lines; Type M shall not be used.
REASON FOR AMENDMENT:
To correspond with resolution # 92-36, in reference to the Uniform Plumbing Code section
203 (d) "Type "M" copper shall not be used. "
19
20
. .
NATIONAL
ELECTRICAL
CODE
NATIONAL ELECTRICAL CODE
The National Electrical Code, 1996 Edition is adopted with no modifications, amendments or deletions
as recommended by the Building Official.
AMENDED TO READ:
21
. .
UNIFORM
FIRE
CODE
UNIFORM FIRE CODE VOLUME 1 & 2
The Uniform Fire Code, 1997 Edition volume I & 2 and the following appendix chapters; Appendix I-
C, Appendix II-A, Appendix II-B, Appendix II-D, Appendix II-F, Appendix II-H, Appendix II-I,
Appendix Ill-A, Appendix IV -A, Appendix IV -B, Appendix V -A and Appendix VII are adopted with
the following modifications, amendments and deletions recommended by the Fire Chief and Building
Official.
AMMEND 1997 UFC SECTION NO. 103.1.4 Aooeals
ADD NEW SECTION TO READ:
103.1.4.1 For the purpose of this section, the Building Board ofappeals appointed by the City shall
act as the Building Board of Appeals for this code.
REASON FOR AMENDMENT:
This amendment utilizes an existing appeals board appointed by City Council and complies with the
requirements of the Fire Code.
AMEND 1997 UFC SECTION NO. 103.2.1.1 General
SECTION READS:
The chief is authorized to administer and enforce this code. Under the chiefs direction, the fire
department is authorized to enforce all ordinances of the jurisdiction pertaining to: ..... ...
22
.
.
The chief is authorized to administer and enforce this code. Under the chiefs direction, the fire
department and members of the Building, Life and Environmental Safety Division are authorized to
enforce all ordinances of the jurisdiction pertaining to. . ...
REASON FOR AMENDMENT:
This amendment is administrative & it ensures that the BLES Division has formal authority to enforce
fire department based codes, ordinances, regulations and policies.
AMEND 1997 UFC SECTION NO. 204 - C Definition of Chief of Fire Prevention Bureau
SECTION READS:
CHIEF OF THE BUREAU OF FIRE PREVENTION is the head of the fire prevention bureau.
AMENDED TO READ:
CHIEF OF THE BUREAU OF FIRE PREVENTION shall mean the head of the Building, Life and
Environmental Safety Division.
REASON FOR AMENDMENT:
This amendment is an administrative change for consistency with the City's current organization and
provides continuity for the purpose of enforcing the Fire Code and creating a relationship between the
BLES Division head and the Fire Chief
AMEND 1997 UFC SECTION NO. 207 - F Definition of Fire Denartment
SECTION READS:
FIRE DEPARTMENT is a regularly organized fire department, fire protection district or fire company
regularly charged with the responsibility of providing fire protection to the jurisdiction.
AMENDED TO READ:
FIRE DEPARTMENT is a regularly organized fire department, fire protection district, fire company or
the City of Gilroy's Building, Life and Environmental Safety Division who are regularly charged with
the responsibility of providing fire protection to the jurisdiction.
REASON FOR AMENDMENT:
This amendment is an administrative change to reinforce the authority of the BLES Division to enforce
Fire Code provisions as a method of providing for fire protection.
ADD 1997 UFC SECTION NO. 1003.2.10 Fire Extin!!uishin!! Svstems
ADD NEW SECTION TO READ:
Section 1003.2.10 In addition to the requirements of this code, an automatic sprinkler system shall be
installed as follows:
23
Any building or grouP.uildingS where in the judgement oftAre due to size, height, type of
construction, location on property, contents of occupancy classification or change in use which
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 any new building 3,000 square feet or greater. Such buildings shall include, but are
not limited to:
a) All buildings three stories or thirty feet in height; or,
b) Buildings where limited access for fire apparatus does not permit
mobile unit operations ofladder companies to within fifteen (15)
feet of openings in stories as required by the Uniform Building Code; or,
c) Buildings where limited access for fire apparatus does not permit mobile
use of pump and hose companies to reach all sides of the building
without laying more than 150 feet of fire hose.
d) If a fire sprinkler system is not required for purposes other than this
section, substitution provided for in the Uniform Building Code may
be permitted.
e) Additions to existing buildings: this section shall apply to all existing buildings.
1. If the entire building area, including the addition exceeds the area
permitted by the current 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 building
is below the area specified in the current Uniform Building Code, the
addition shall be equipped with an automatic fire sprinkler system.
EXCEPTION: One time_additions ofless than 1000 square feet need not be sprinklered unless
otherwise required.
3. In buildings protected by an automatic sprinkler system, additions,
regardless of size, shall be protected by an automatic sprinkler system.
f) Automatic fire sprinkler systems shall be installed in all R-l and R-3
buildings over five thousand (5,000) square feet in area and all buildings
constructed in an RH (Residential Hillside) zoning district.
REASON FOR AMENDMENT:
With the exception of sub-sections "e-2" and "e-3", the addition ofthis amendment is identical to
previously adopted language.
Sub-section "e-2" has been amended to eliminate the requirement for sprinkler systems in additions of
less than 1 000 square feet.
This amendment also eliminates requirements for an area separation wall.
The intent of Sub-section "e-3 "is to ensure that sprinklered buildings remain protected throughout.
24
AMEND 1997 UFC SEC& NO. 1004 TABLE 1004A STAIPE REOUIRED
SYSTEMS
ADD FOOTNOTE TO TABLE 1004A:
8 The chief may require the installation of Class I or II standpipes when the size or configuration of the
building would not allow for the advancement of fire hose lines from the exterior of the building. The
location of the Class I standpipes shall be approved by the chief and need not comply with Section
1004.3. The locations of Class II standpipes shall comply with Section 1004.4.
REASON FOR AMENDMENT:
This amendment is intended to apply to Group A occupancies with occupant load exceeding 1000 and
Group I; H; B; S; M; F occupancies less than 4 stories in height but greater than 20,000 square feet per
floor. The purpose of this amendment is to provide the Fire Chief with flexibility in addressing larger
buildings, which by architectural design pose difficulty in attacking a fire with hand lines "deep"
within the building. This amendment is being proposed county-wide.
AMEND 1997 UFC SECTION NO. 1007.3.3.6.1 General
ADD SECTION TO READ:
1007.3.3.6.1.1 Monitoring of Fire Extinguishing Systems. When a fire alarm system is installed in a
building, the system shall monitor all fire extinguishing systems including commercial kitchen
extinguishing systems. Activation of the fire extinguishing system shall send an alarm signal and
initiate the alarm signaling devices.
REASON FOR AMENDMENT:
Currently the fire code requires that certain systems be monitored for system activation. This
amendment requires that all suppression systems be monitored in a facility when a fire alarm system is
installed. Without this amendment, a restaurant hood and duct suppression system could, for example,
activate at 3 AM. to extinguish a grease fire, but not activate an existing fire alarm system and
therefore not notify neither the fire department nor the owner. This amendment is being proposed
county-wide.
AMEND 1997 UFC SECTION NO.: 7902 Location Where Above!!round Tanks Are Prohibited
ADD SECTION TO READ:
7902.2.2.1.1. Limits Defined. For the purposes of Section 7902.2.2.1, the storage of flammable and
combustible liquids for dispensing purposes in above ground tanks and protected above ground storage
tanks is prohibited in the following areas:
1. RH Residential Hillside
2. Rl Single Family Dwellings
3. R2 Two Family Residential
4. R3 Medium Density Residential
5. R4 High Density Residential
6. PO Professional Office
7. Cl Neighborhood Commercial
25
8.
9.
C2
C3
Central Distr_ommerCial
Shopping Center Commercial
.
REASON FOR AMENDMENT:
The language in Section 7902.2.2.2.1 requires that the local jurisdiction identify where in the city
aboveground tanks would be prohibited. This section identifies those areas.
AMEND 1997 UFC SECTION NO.: 8204 Maximum Caoacitv within Established Limits
ADD NEW SECTION TO READ:
8204.2.1. Limits Defined. Regardless of the allowable capacity stated in Section 8204.2, LP Gas
installations shall not be allowed in the following areas.
I. RH Residential Hillside
2. Rl Single Family Dwelling
3. R2 Two Family Residential
4. R3 Medium Density Residential
5. R4 High Density Residential
6. PO Professional Office
7. Cl Neighborhood Commercial
8. C2 Central District Commercial
9. C3 Shopping Center Commercial
EXCEPTIONS:
I. Containers used for torches and similar uses.
2. Portable containers in barbecues, camp stoves, recreation vehicles and similar uses.
3. Motor vehicle fuel tanks.
REASON FOR AMENDMENT:
Similar to the flammable and combustible liquid section, this amendment identifies where LP Gas
installations are prohibited.
AMEND 1997 UFC : ADD Article 99
TITLE: Toxic Gas
ADD NEW ARTICLE TO READ:
ARTICLE 99 - TOXIC GAS
DMSION 1- GENERAL PROVISIONS
Sec. 99.101 Application.
(a) This article applies to all new and existing facilities where regulated materials
subject to this article are present in concentrations which exceed the Level of
Concern as determined in accordance with this article.
26
.
.
(b) In the event of conflicting or overlapping regulatory provisions with the federal
law or state law or regulation, unless the application of this article is expressly
preempted by an Act of Congress or enactment of the state legislature, the more
stringent requirement shall be deemed to apply.
(c) This article shall not apply to the registration and application of pesticides since
this is preempted by an Act of Congress. Handling and storage of pesticide
cylinders, however, shall comply with all requirements of this article.
Sec.99.102 Definitions.
(a) General. Unless the context otherwise requires, the words and phrases in this
Division I shall have the meanings set forth in this section and shall govern the
construction or this article. For words and phrases not defined in this chapter,
the definitions set forth in other article of the Fire Code shall apply.
(b) Limited applications. For the purpose of this article, certain terms and words
are defined as follows:
1. "Controls" are a means to regulate materials so as to prevent
unauthorized discharges.
2. "Control area" means a space within a building where regulated
materials may be stored, handled, dispensed, or used. A control area is
an area formed by one or more of the following:
a. An occupancy separation with a minimum one-hour fire resistive
rating, or
1
b. The exterior wall, roof or foundation of the building. A
maximum of four control areas shall be permitted within a
building except buildings or portions of buildings used for retail
sales, which shall have a maximum of two control areas.
otherwise the entire building shall be considered an
"H"occupancy and shall meet the requirements of this occupancy
as set forth in the California Building Code.
4. "Excess flow control" means a fail-safe system designed to shut-off flow
due to rupture in pressurized piping systems.
5. "Exhausted enclosure" means an approved laboratory fume hood or
process equipment which is exhausted to a treatment system and
protected by an automatic sprinkler system.
6. "Exterior Storage" means a storage area enclosed by no more than two
(2) contiguous walls, so as not to impede exiting or confine air
movement.
7.
eacility" means any building, struAinstallation, equipment, pipe,
container, site, area, appurtenant structure, or surrounding land area
where regulated materials are stored, used, dispensed, handled, placed or
otherwise have come to be located.
8.
"Fire Code" means the Uniform Fire Code ("UFC") as adopted or
modified by the Gilroy Municipal Code.
10.
"Gas" means an aeriform fluid which is in a gaseous state at normal
temperature and pressure.
11.
"IDLH (Immediately Dangerous to Life and Health)" means a
concentration of airborne contaminants, normally expressed in parts per
million (ppm) or milligrams per cubic meter, which represents the
maximum level from which one could escape within thirty (30) minutes
without any escape-impairing systems or irreversible health effects. This
level is established by the National Institute of Occupational Safety and
Health (NIOSH). If adequate data do not exist for precise establishment
of IDLH data, an independent certified industrial hygienist, industrial
toxicologist or appropriate regulatory agency shall make such
determination
12.
"Inert Construction Materials" means materials which, under reasonably
foreseeable conditions, will not degrade or react upon contact with the
regulated material to be contained.
13.
"Level of Concern" (LOC) means the maximum concentration of a
substance in air that will not cause serious health effects in the majority
of the population when exposed to the substance for a relatively short
period of time. For purposes of this article, the LOC is equal to 0.1 of
the IDLH value if the substance has an established IDLH or, if not, an
estimated IDLH value based on acute toxicity data of 0.01 LCso, 0.1
LCLo, 0.001 LDso, or 0.01 LDLo.
14.
"Lethal Concentration ( LCso) means the median lethal concentration
level, at which 50 percent (50%) of appropriate test animals die when
exposed by inhalation for a scientifically appropriate specified time
period.
"Lethal Concentration Low" (LCLo) means the lowest concentration of
a chemical at which some test animals died following inhalation
exposure.
15.
"Lethal Dose Median" (LDso) means the lowest dose fifty percent
(50%) of test animals die following exposure. The lethal dose is given in
milligrams per kilogram of body weight of the test animals.
16.
"Lethal Dose Low" (LDLo) means the lowest dose of chemical at which
some test animals dies following exposure.
27
28
17. &aximum Threshold Quantity" (M.T.Q.) means the maximum
quantity of a Class II or Class III regulated material which may be stored
in a single vessel before a stricter category of regulation is required by
this article. Max. T.Q. is determined by the following equation:
Max. T.Q. (pounds) - 2.5 x 108
MHI
For the purpose of calculating the Max. T.Q.,storage tank, cylinder and
piping systems which can be isolated in a manner approved by the Fire
Chief or his designee may be designated as a separate storage vessel.
18. "Minimum Threshold Quantity" (Min. T.Q.) means the aggregate
quantity in control area which , due to the minimal aggregate quantities
present, need only to comply with specific control requirement
established in subsection 90.401(e) of this article, and not with the
requirements for Class I, Class II, or III regulated materials. Min. T.Q.
for mixtures shall be based on the aggregate weight (in pounds) of the
regulated components.
For DOT Poison A (those materials characterized by u.s. Dept of
Transportation (DOT) as poison A) = lib. or less
For other regulated materials = 2 lbs. or less
Minimum threshold quantity controls are set forth in subsection 90.401
(e) of this article.
19. "Permissible Exposure Limit" (PEL) means the maximum permitted
eight-hour time-weighted average concentration of an airborne
contaminant. The maximum permitted time-weighted average exposures
are set forth in 29 CFR 1910.1000, as it may be amended from time to
time.
20. . "Persons" means an individual, trust, firm, joint stock company,
corporation, partnership, association or other business activity, city
county, district, the state any department or agency thereof, or the United
States, to the extent authorized by law.
21. "Portable Tank" means any packaging over sixty (60) U.S. gallons
capacity and designed primarily to be loaded into or on or temporarily
attached to a transport vehicle or ship, and equipped with skids,
mounting or accessories to facilitate handling of the tanks by mechanical
means. It does not include any cylinder having more than one thousand
(1,000) pounds of water capacity, cargo tank, tank car tank or trailers
carrying cylinders over one thousand (1,000) pounds water capacity.
22. " Reduced Flow Valve" means a valve equipped with a restricted flow
orifice and inserted into a compressed gas cylinder, portable tank or
stationary tank that is designed to reduce the maximum flow from the
valve under full-flow conditions. The maximum flow rate from the
valve is determined with the valve allowed to flow to atmosphere with
no other piping or fittings attached.
.
.
23. "Regulated Materials" means all materials, regardless of form(i.e.,
liquid, solid or gas) which meet the criteria established by subsection
99.201 (b), below.
24. "Responsible Persons" or "persons responsible" means permitee under
this article, owners, managers and persons responsible for the day-to-day
operation of any facility subject to this article.
25. "Stationary Tank" means any packaging designed primarily for
stationary installations not intended for attachment to a transport vehicle
as part of its normal operation in the process of use. It does not include
cylinders having less than one thousand (1,000) pounds water capacity
26. "Toxic Material" means a material which produces a lethal dose or a
lethal concentration within any of the following categories:
(i) A chemical or substance that has a median lethal dose ( LDso) of
more than fifty (50) milligrams per kilogram but no more than
five hundred (500) milligrams per kilogram of body weight
when administered orally to albino rats weighing between two
hundred (200) and three hundred (300) grams each.
(ii) A chemical or substance that has a median lethal dose (LDso) of
more than two hundred (200) milligram per kilogram but not
more than one thousand (1,000) milligrams per kilogram of body
weight when administered by continuous contact for twenty -
four (24) hours (or less if death occurs within twenty-four (24)
hours) wit the fair skin of albino rabbits weighing between d two
(2) and three (3) kilograms each; or
(iii) A chemical or a substance that has a median lethal concentration
( LDso) in air more than two hundred (200) parts per million but
no more than 2,000 parts per million by volume of gas or vapor,
or more than two (2) milligrams per liter but not more than
twenty (20) milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for one (I) hour (or less if
death occurs within one (1) hour to albino rats weighing between
two hundred (200) and three hundred (300) gram each.
27. "Unauthorized Discharge" means releasing, spilling , leaking,
pumping, pouring, emitting, emptying, injecting, escaping, leaching,
dumping, or disposing of a regulated material into the environment,
including any sewer, storm drain, ditch, drainage canal, lake, river or
tidal waterway, surface water, ground water, land surface, sidewalk,
street or highway, subsurface strata, or ambient air except"
(i) A "Federally Permitted Release," as that term is defined in
Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 USC 9602(10), or pursuant
to a permit of the Bay Area Quality Management District, or
29
30
. waste discharge requirements t. San Francisco Bay Regional
Water Quality Control Board or local wastewater pretreatment
requirements for publicly owned treatment works; or
(ii) The normal application of materials used in weed abatement,
erosion control, soil amendment or similar application when used
in accordance with manufacturers' instruction or nationally
recognized standards.
DIVISION II. SPECIAL PROVISIONS
99.201
(a)
General Provisions
This article governs the storage, dispensing , use and handling of regulated
materials. To the extent that the application of this article to the registration and
use of pesticides is preempted by an express provision of an Act of Congress or
a statute adopted by the State Legislature, this article does not apply.
The provisions of Division II apply to all regulated materials, including Class I
Class II, Class III and minimum threshold quantities of regulated materials.
(b) Regulated Materials
"Regulated Materials," including but not limited to , gases, are
those materials which meet the following criteria:
1. The material has an established Level of Concern ("LOC") as defined in
this article; and
2. The material meets either of the following criteria:
(i) It is shipped in compressed gas cylinders, and the material is or
becomes or acts as a gas upon release at normal temperature and
pressure, (70oF) and 760 mm Hg) or;
(ii) The material is used or handled as a gas, whether or not the
material meets the definition of a compressed gas as set forth in
Article 9 of the Fire Code
( c) Material which meet the foregoing criteria are subject to the provisions of this
Article unless exempted by the Fire Chief or his designee based upon scientific
knowledge evidence provided by a toxicologist or other independent
professional acceptable to the city.
(d) The following materials shall not be regulated by this article:
nitrous oxide, silane, and sulfur hexaflouride.
(e) General Obligations. No persons shall cause, suffer or permit the storage,
handling, use or dispensing of materials regulated by this article:
I.
. a manner which is contrary to a proen of this article or any other
federal , state or local statute, code, ordinance, rule, regulation, or
standard of performance relating to materials subject to this article; or
2.
In manner which caused an unauthorized discharge or which poses a
significant risk of such unauthorized discharge. A person responsible
for a facility shall, as soon as he or she has knowledge of an
unauthorized discharge from or at such facility, immediately notify the
Fire Chief or designee of such discharge.
(f) Permits
1. No person shall store, dispense, use or handle any regulated material in
excess of an exempt amount at a facility unless a compliance plan has
been submitted to the Fire Chief and a permit for the facility has been
issued pursuant to Division X of this Article.
(g) Compliance
I. Persons responsible for a facility shall submit a compliance plan, file a
plan review fee and obtain a permit prior to storing, dispensing using or
handling any regulated material.
(h) Closure
1. It shall be unlawful for any person to abandon, remove, or close a facility
or other are regulated by this article until a closure plan has been
submitted to and approved by the Fire Chief or his designee.
2. Closure Plan. A closure plan and a closure plan review fee as set by the
schedule of fees as adopted by the council shall be submitted by a
responsible person to the Fire Chief or his designee at least thirty (30)
days prior to the facility closure. The property owner of the property
upon which the regulated materials are stored shall be responsible for the
closure in the event that the regulated materials are abandoned or when
the permittee has not complied with all the provisions of this section.
The closure plan shall demonstrate to the satisfaction of the Fire Chief
or his designee that the regulated materials which are or have been
stored, dispensed, handled or used in the facility will be transported,
disposed of, or reused in a manner consistent with public health and
safety. The Fire Chief or his designee may waive all or part of the 30-
day period upon finding of good cause.
(i) Seismic Protection
Persons responsible for a facility with one or more stationary tanks,
piping systems used for regulated materials shall cause such tanks and
piping systems to be seismically braced in accordance with the
provisions of Chapter of the Uniform Building Code.
31
.
G) Security
.
Responsible persons shall cause facilities where materials subject to this
Article are stored, handled, dispensed or used to be secured against
unauthorized entry.
(k) Breathing Apparatus
I. In order to provide for immediate initial on-scene response in the event
of an unauthorized discharge and to provide on-scene assistance to
firefighters and other emergency response personnel, persons responsible
for any facility where Class I or corrosive regulated materials are present
shall provide a minimum of two self-contained breathing apparatus.
When self-contained breathing apparatus would be inadequate protection
due to the nature of the gases present, other appropriate protective
equipment shall be provided.
2. The breathing apparatus or other protective equipment shall be suitable
for use with the material present and shall be in a conspicuously marked
place immediately near the area where the materials are present in a
location that provided safety for those expected to don the apparatus.
3. A "location that provides safety" is one which is not likely to abe
immediately affected by the release of a regulated material.
(I) Incompatible Materials
Responsible persons shall cause regulated materials to be separated from other
incompatible hazardous materials as listed in Table 51-110A of the Fire Code.
Separation shall be maintained by means of one-hour fire resistive construction
or by the use of separate gas cabinets.
Construction materials shall be compatible with the toxic gases they serve.
Compatibility of construction materials shall be based on nationally recognized
standards such as the National Association of Corrosion Engineers (NACE).
(m) Leak Testing
Responsible persons shall cause containers of regulated materials to be tested
for leaks immediately upon delivery, and again immediately prior to departure
of such containers from facilities. Testing shall be approved by the Fire Chief
or his designee. In accordance with appropriate nationally recognized industry
standards and practices, if any. Appropriate remedial actions shall be
immediately undertaken when leaks are detected.
(n) Protective Plugs and Caps
Responsible persons shall cause the protective plugs and caps of regulated
materials to be in place at all times unless and until the materials are properly
placed into use.
32
.
.
(0) Emergency Response Plans
1. 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 Chief or his designee. , a written
emergency response plan.
2. If the preparation of the emergency response plan is required by other
law, a responsible person shall file a copy of the plan with the Fire Chief
or his designee.
(p) Emergency Response Teams.
1. If not required to do so by another law, a person responsible for a facility
subject to this article shall designate, or cause to be designated, an on-
site emergency response team which shall serve as liaison to the Fire
Department.
2. Emergency response team members shall ascertain all on-site locations
where regulated materials are stored, handled, and used, shall become
familiar with the emergency response plan, and the chemical nature of
such regulated material, shall act s facility liaison to the Fire Department
and shall be prepared to respond in an emergency.
(q) Emergency Drills
I. Responsible persons shall cause emergency drills of each on-site
emergency response team to be conducted not less frequently than once
every three (3) months.
2. Records of drills conducted shall be maintained at the facility for three
(3) years and shall be made available for inspection upon request by the
Fire Chief or his designee.
(r) Annual Maintenance
1. Responsible persons shall cause all safety control systems at the facility
to be tested not less than frequently than annually and maintained in
good working condition.
2. Maintenance and testing shall be performed by persons qualified to
perform the maintenance and tests,
3. Maintenance records and certification shall be available to the Fire Chief
or his designee upon inspection or request.
(s) Flow Limiting Orifices and Devices for D.O.T. Poisonous Gas
Containers for those materials other than lecture bottles, classified as
Department of Transportation (D.O.T.) Poisonous Gas, regardless ofthe amount
33
of D.. Poisonous Gas , shall be equippAith a flow-restricting orifice
when available from the supplier of the D.O.T. Poisonous Gas A If a flow-
restricting device is not available, the container shall be sued 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.
(t) Fire Extinguishing Systems
1. Except as provide in subsection (3) below responsible persons shall
cause all interior and exterior use areas and interior storage areas and
storage buildings to be protected from fire by automatic sprinkler
systems_
2. The design of the sprinkler systems shall be not less than that required
under Uniform Building Code Standard No.38-l for Ordinary Hazard
Group III with a minimum design area of three thousand (3,000) square
feet, Where the materials or storage arrangement require a higher level
of sprinkler system protection, in accordance with nationally recognized
standards, the higher level of sprinkler system shall be provided.
3. If the chemical properties of the regulated materials are such that he
materials will be incompatible with the use of a sprinkler system, the
Fire Chief or his designee may require alternative forms of fire
protection.
DIVISION Ill. CLASSIFICATION OF MATERIALS
99.301
(a)
General
Regulated materials shall be classified according to the definitions below:
(b) Class I Regulated Materials
A regulated material that has a median lethal concentration (LCso) in air of 200
parts per million or less by volume of gas or vapor, or 2 milligrams per liter or
less of mist, fume or dust, when administered by continuous inhalation for an
hour or less if death occurs within one hour, to albino rats weighing between
200 to 300 grams each.
(c) Class II Regulated Materials
A regulated material that has a median lethal concentration ( LCso) in air more
than 200 parts per million but no more than 3,000 parts per million by volume of
gas or vapor or more than 2 milligrams per liter of mist, fume or dust, when
administered by continuous inhalation for an hour or less if death occurs within
one hour, to albino rats between 200 and 300 grams each.
(d) Class III Regulated Materials
34
35
A reAed material that has a median lethal aentration (LCso) in air more
than 3,000 parts per million but no more than 7,500 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 between 200 and 300 grams each.
(e) Maximum Threshold Quantity ("Max. T.Q.)
Regulated materials which exceed their Max. T.Q. shall be classified one level
higher than otherwise determined defined by the MHI class (i.e. Class III to
Class II. or Class II to Class I)
(f) Materials Not Exceeding Minimum Threshold Quantity
Regulated materials which do note exceed the Min. T.Q. shall satisfy only the
specific requirements established in Division VIII and Division II, and shall not
otherwise be required to meet the specific requirements applicable to materials
classified as Class I, II, or III regulated materials.
(g) Exempt Amounts
I. Except as provided in subsection (2) of this section, materials which
would otherwise be regulated is exempt from regulation under this article
if
(i) The material is not defined as Class I, Class II, or Class III
material; or
(ii) The aggregate quantity of the material in a control area or
exterior storage does not exceed the Min T.Q. and the quantity of
the material in a single vessel does not exceed the amounts
specified as follows:
D.O.T. Poisonous Gas.: 114 lb.
Other regulated materials: lib; or
(iii) The concentration of the material is below PEL.
2. Notwithstanding the exemption in subsection (1) above no Class I
materials, regardless of the amount thereof, is exempt from the
provisions relating to "flow-limiting"devices," set forth in subsection
99.20 I (q) nor from the provisions relating to "fife-extinguishing
systems" set forth in subsection 99.201 (r)
(h) Calculations For Determining the Class of Mixtures
1. The ( LCso) value for mixtures containing regulated materials shall be
calculated using the following formula:
2.
LCso of Gas Mixtures (ppm) = 1
(molar fraction of toxic component)/ (ppm LCso of toxic
component)
.
.
LCso of Gas Mixture (ppm) =
1
n
L [ ( C) / LCso ]
1=1
where f 1 is the mole fraction of the 1 th toxic component of the gas mixture and the LCso os the LCso
of the 1 th toxic component of the gas mixture.
DIVISION IV HAZARD CLASSIFICATION AND CONTROL TABLE
99.401
(a)
General
1. The requirements for the use or indoor storage of regulated materials shall be
cumulative as the hazard class of regulated materials increases, in accordance
with the following table:
DMSION IV. HAZARD CLASSIFICATION AND CONTROLS
Hazard Classification
Hazard Controls
Class I
Includes Division II, Class I, Class II, Class Ill,
minimum threshold quantity and exempt amount controls
Class II
Includes Division II, Class II, Class Ill, minimum
threshold quantity and exempt amount controls
Class III
Includes Division II, Class II, Class III minimum
threshold quantity and exempt amount controls
Maximum Threshold
controls
Quantity
Include Division II, minimum threshold quantity and exempt amount
Exempt Amounts
Other applicable statutes, codes and ordinances
2.
All control equipment for materials regulated by this article shall meet
appropriate nationally recognized standards, if any, approved by the Fire Chief
or his designee.
3.
Halogenated, non-carbon based gases may hydrolyze to their base, mineral acid
upon contact with moisture. Therefore, the requirements of this article (i.e.)
monitoring, treatment, compatibility, etc.) shall apply to their decomposition.
DIVISION V. CLASS I CONTROLS
36
(a)
.
Persons responsib.r any facility where Class I
materials are present shall comply with all of the
requirements, of Division II and Divisions V, VI,
VII and VIII of this article.
1. Piping
(i) Piping for Class I materials shall be designed and fabricated from
materials compatible with the material to be contained. Piping shall be
strength and durability sufficient to withstand the pressure, structural,
and seismic stress and exposure to which it may be subjected, as required
by California Building Code adopted in the Uniform Building Code of
the the Gilroy Municipal Code.
(ii) Secondary containment shall be provided for piping for Class I materials.
The secondary containment shall be capable of directing a sudden release
into an approved discharged treatment system, and shall be monitored
continually with a continuous gas monitoring system approved by the
Fire Chief or his designee. Secondary containment, includes, but is not
limited to, double walled piping. Secondary containment for piping
under sub-atmospheric conditions may not be required if the piping is
equipped with an alarm and fail-safe-to -close valve activated by a loss
of vacuum
2. Automatic Shut-off.
An automatic shut-off valve which is of "fail-safe to close" design shall
be provided. Each of the following shall activate automatic shut-off:
(i) Gas detection (at PEL in occupied areas; at 1/2 IDLH in occupied
areas)
(ii) Manually, from remote locations;
(iii) Failure of emergency power.
(iv) Seismic activity, upon a seismic event within five (5) seconds of
horizontal semisoidal oscillation having a peak acceleration of
.5 g (which equals 1.47 m/second2) and a period of.4 second.
(v) Failure of emergency power.
(vi) Activation of manual fire alarm.
(vii) Failure of required exhaust flow ventilation rate.
3. Emergency control station
Signals from emergency equipment shall be transmitted to an emergency
control station which is continually staffed by trained personnel.
37
entinual staffing shall not be requireLng periods when regulated
materials have been purged from all process piping and equipment and
are no longer being used or dispensed.
DIVISION VI. CLASS II CONTROL
VI DIVISION VI
(a)
Class II Controls
Responsible persons shall cause materials which are classified as Class II
materials to be provided with the controls specified in Division IT and
Divisions VI, Vl1 and VIII of this article.
1. Connections
(i) Piping and tubing shall be installed in accordance with
appropriate nationally recognized standards, if any, approved by
the Fire Chief or his designee and shall have welded connections
compatible with the regulated material throughout unless an
exhausted enclosures is provided.
(ii) Material which is not compatible with ferrous piping may be
installed in non-ferrous piping approved by the Fire Chief or his
designee.
(iii) Where connections other than welded connections meet,
appropriate nationally recognized industry standards, if any, a
person responsible for a facility may seek an exception from the
Fire Chief or his designee A request for exception and a fee as
set by the schedule of fees as adopted by the council shall be
filled with the fire chief or his designee for approval. The request
shall document the standards and the reason for the exception.
2. Local Gas Shut-off
(i) Manual activation controls shall be provided at locations near the
point of use and near the source approved by the Fire Chief or his
designee.
(ii) The Fire Chief or his designee may require additional controls at
other places, including, but not limited to, the entry to the
building, the area in the building where regulated materials are
stored or used, and emergency control stations.
(iii) Manually activated shut-off device shall be of
"fail-safe to close" design.
3. Emergency Power
Emergency power shall be provided for:
38
, Exhaust ventilation, inclUding. power supply for treatment
systems;
(ii) Gas detection systems;
(iii) Emergency alarm systems
(iv) Temperature-control systems which comply with the Fire Code
4. Excess Flow Control
(i) Portable tanks and cylinders shall be provided with excess flow
control.
(ii) Valves shall be permanently marked to indicate maximum design
flow rate.
(iii) Excess flow control shall be permanently marked to indicate the
maximum design flow rate.
5. Gas Detection
A continuous gas-detections system shall be provided to detect the
presence of gas at or below the permissible exposure level. The
detections system shall initiate a local alarm and transmit a signal to a
continually staffed remote location to provide an immediate response to
alarm. The alarm shall be both visual and audible and shall be designed
to provide warning both inside and outside of the storage, use, or
handling area. The audible alarm shall be distinct from all other on-site
alarms.
6. Exhaust Ventilation Monitoring
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 and transmit a signal to a continually staffed
remote location (to provide an immediate response to an 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. The audible alarm shall be distinct from all other on-site alarms.
7. Seismic Shut-off Valve
A seismically activated valve meeting standards approved by the Fire
Chief or his designee shall be provided for an automatic shut off of
regulated materials upon a seismic event within 5 seconds of horizonal
semisoidal oscillation having a peak acceleration of .3g (- 2.94 mlsec2)
and a period of.4 seconds.
8. Class II Corrosives
39
.ert construction materials shall be usar the primary containment of
Class II Regulated Materials which are corrosives. Alternatively,
secondary containment shall be provided for Class II materials which are
corrosive.
9. Emergency Alarms
When materials regulated by this article are transported through exit
corridors or exit enclosures, there shall be an emergency telephone
system or a local manual alarm or a signaling device approved by the
Fire Chief or his designee at not more than ISO-foot intervals and at
each exit doorway throughout the transport route. The signal shall be
relayed to an approved central, proprietary or remote station service or a
constantly attended on-site location and shall also initiate a local audible
alarm.
DIVISION VII. CLASS III CONTROLS
a. Class III Controls
I. Piping, Valves and Fittings
(i) Pipings, valves, fittings and related components shall be designed
and fabricated from materials compatible with the materials to be
contained. They shall have strength and durability sufficient to
withstand the pressure, structural and seismic, and any other
stress and exposure to which they may be subjected.
(ii) 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, valves,
and instrumentation and to accommodate the expansion of
regulated materials.
2. Signage
(i) Stationary above ground tanks shall be placarded with hazard
identification signs as specified in Fire California Code Standard
No. 79-3, for the specific material contained.
(ii) Signs prohibiting smoking shall be posted in indoor storage, use
and handling areas and within 25 feet of outdoor storage, use and
handling areas.
(iii) Signs shall not be obscured or removed.
(iv) Signs shall be in English and such other languages may be
appropriate, as determined by the Fire Chief or his designee.
(v) Signs shall be durable.
40
e) The size, color, and lettering sebe in conformance with the
nationally recognized standards determined by the Fire Chief or
his designee to be applicable to the regulated material.
3. Inert Gas Purge System.
Gas systems for regulated materials shall be provided with individually
dedicated inert gas purge systems (e.g., nitrogen, helium, argon and
neon). A dedicated purge system maybe used to purge more than one
gas, provided the gases are compatible. Purge gas systems shall be
located in an approved gas cabinet unless the system operates by vacuum
demand or a check valve is supplied for the piping within the gas
cabinet.
DIVISION VIII. MINIMUM THRESHOLD QUANTITY CONTROLS
1. Exhaust Ventilation
(i) Storage of cylinders shall be within ventilated gas cabinets,
exhausted enclosures or within a ventilated separate gas storage
room as defined in the Uniform Fire Code.
(ii) Storage of portable and stationary tanks shall be within a separate
ventilated room without other occupancy or use.
(iii) If gas cabinets are provided, the room or area in which they are
locked shall have independent exhaust ventilation.
(iv) Exhaust systems for gas cabinets, exhausted enclosures and
separate gas storage rooms shall be designed to handle the
accidental release of gas. Such exhaust system shall be capable
of diluting, adsorbing, absorbing, neutralizing, buming or
otherwise processing the entire contents of the single tank or
cylinder of gas which presents the highest potential hazard.
(v) Systems utilized for such processing shall be designed as a
treatment system, as described in subsection 3 below of this
section. If total containment system is utilized, the system shall
be designed to handle the maximum anticipated pressure of
release to the system reaches equilibrium.
2. Gas Cabinets
When gas cabinets are provided, they shall be:
(i) Operated at negative pressure in relation to the surrounding area.
(ii) Provided with self-closing limited access ports or fire-rated
windows to give access to equipment controls. The average
velocity of ventilation at the face of access ports or windows
41
. shall be not less than 200 feet penute (tpm) with a minimum
of 150 tpm at any other point ofthe access port or window.
(iii) Connected to a treatment system.
(iv) Provided with self-closing doors
(v) Constructed of steel with a thickness not less than 12-gauge.
3. Treatment Systems
(i) Treatment systems shall be utilized to process all exhaust
ventilation to be discharged from as cabinets, exhausted
enclosures or separate storage rooms. Treatment systems shall
be designed to reduce the maximum allowable discharge
concentration of the gas to one-half (1/2) the IDLH at the point
of discharge to the atmosphere as specified in subsections (e) 5
and 6 below:
(ii) When more than one gas may be emitted to the treatment system,
the treatment system shall be designed to handle the worst case
release based on the release rate, the quantity and the IDLH of all
the gases stored or used.
(iii) In the event that a revised IDLH is published which affects the
hazard classification of a material, the City shall establish a new
timetable for existing facilities to upgrade their treatment
systems to meet revised IDLH value
4. Treatment System Sizing
Treatment system shall be sized to process the worst-case release of each
gas based on the maximum flow rate of release from the cylinder or tank
utilized which presents the highest potential hazard. The entire contents
of tanks and cylinders shall be considered.
5. Stationary Tanks
(i) Stationary tanks shall be labeled with the maximum rate of
release for the gas contained based on any valves or fittings that
are inserted directly into the tube.
(ii) If multiple valves or fittings are provided, the maximum flow
rate of release for the valve or fitting with the highest flow rate
shall be indicated.
(iii) If liquefied gases are in contact with any valve or fitting, the
liquid flow rate shall be utilized for the purposes of computation
of the maximum flow rate of release. All flow rates indicated on
the label shall be converted to cubic feet per minute of gas at
normal temperature and pressure.
42
.
6. Portable Tanks and Cylinders
.
(i) For portable tanks and cylinders, the maximum flow rate of
release shall be calculated based on actual valve manuufacturer's
specifications. When this data is not available, the maximum
flow rate based on the total release from the cylinder or tank
within the time specified in the Table below:
Container Nonliquefied Liquefied
(Minutes) (Minures)
Cylinders
Portable Tanks
30
5
40
240
(ii) When portable tanks or cylinders are equipped with approved
reduced flow orifices in the cylinder valve, the worst -case
release determined by the maximum achievable flow through
the valve orifice as determined by the valve manufacturer or the
gas supplier. Reduced flow and excess flow valves shall be
permanently marked to indicate the maximum design flow rate.
Such markings shall indicate the flow rate for air under standard
conditions. Lettering shall be 1/ 4 n high, minimum, and be in
contrast, to the color it is printed upon.
(iii) When cylinders are manifolded together, the maximum release
rate shall be the sum of the release rates for all the manifolded
cylinders.
7. Gas Detection for D.O.T. Poisonous Gas
A portable or fixed gas detection system capable of monitoring at PEL
for each regulated material classified as a D.O.T. Poisonous Gas stored
or used within the facility shall be provided.
8. Piping and Controls
(i) All prim~ piping for toxic gas systems shall pass a helium leak
test of 10- cubic centimeters/second where practical. Persons
conducting the tests shall possess a certificate of training. The
City may require the helium leak test to be conduced by an
independent "third party".
DMSION IX EXTERIOR STORAGE
1. General
Persons responsible for a facility where there is exterior storage of any
regulated material shall comply with the provisions of, California
Building Code adopted by the Gilroy Municipal Code.
43
2. Distan.mitation of Exposure .
Exterior storage of regulated materials shall not be within seventy -five
(75) feet of a building, structure, property line, street, alley, public way
or exit to a public way unless the storage is shielded by a structure which
has a minimum of a fire-resistive rating of two (2) hours and which
interrupts the line of site between the storage and the exposure. The
shielding structure shall be at least five (5) feet from any exposure. The
shielding structure shall have not more than two sides which shall be
. approximately ninety degrees (900) directions.
3. Openings in Buildings Subject to Exposure
Notwithstanding Division IX subsection c. 2 above, when an exterior
storage area is located within 75 feet of the building, openings into the
building other than piping shall not be above the height of the top of the
shielding structure referred to in Division IX subsection 2 or within
fifty (50) feet horizontally from the exterior storage area, whether or not
protected by a shielding structure.
4. Air Intakes
No exterior storage area for regulated materials shall be within 75 feet of
any air intakes.
5. Canopies
Portable tanks and cylinder stored outside of buildings shall be stored
under a canopy constructed of noncombustible materials. Such exterior
storage shall not be considered indoor storage. An automatic fire
sprinkler system, or alternative systems as determined by the Fire Chief
or his designee for materials incompatible with water, shall be provided
for canopies installed for the storage of regulated materials.
6. Stationary Tank Controls
Controls on stationary tanks shall be in accordance with the following
items:
(i) Pressure-relief devices shall be vented to a treatment system
designed in accordance with the provisions of Division VII Sec. 3
of this article
(ii) Where filling or dispensing connections are provided, they shall
be provided with a means oflocal exhaust. Such exhaust shall be
designed to capture fumes and vapors. The exhaust shall be
directed to a treatment system designed in accordance to the
provisions of Division VII Sec. 3 of this article.
(iii) Stationary tanks shall be provided with a means of excess flow
control on all tank inlet or outlet connections. Inlet connections
44
. that are designed to preclude ba.w and pressure relief devices
are exempt from this requirement.
7. Gas cabinets for leaking cylinders
(i) At least one gas cabinet or exhausted enclosure shall be provided
for the leaking cylinders. The cabinet or enclosure shall be
within or adj acent to the exterior storage area and connected to a
treatment system as specified in Division VII Sec. 3 of this
article.
(ii) A gas cabinet or exhausted enclosure need not be provided for
leaking cylinders if all cylinders are stored within gas cabinets or
exhausted enclosures and the exhaust is directed to a treatment
systems with the provisions in Division VII Sec. 3 of this article.
(iii) Encapsulating equipment or other equipment designed to contain
high-pressure cylinders and their contents as approved by the Fire
Chief or his designee shall be acceptable in meeting the intent of
this section in lieu of gas cabinets or exhausted enclosures.
8. Local Exhaust for Leaking Portable Tanks
(i) A means of local exhaust shall be provided to capture regulated
material leaking from portable tanks. The local exhaust may
consist of portable ducts or collection systems designed to be
applied to the site of a leak in a valve or fitting on the tank. The
local exhaust system shall be connected to a treatment system as
specified in a Division VIII Sec. 3.0 of this article.
(iii) A local exhaust system shall be provided within or immediately
adjacent to every exterior storage area; and within separate gas
storage rooms used for portable tanks.
DIVISION X. PERMIT PROCESS
99.501
General
1. Responsible persons shall obtain and keep current a "regulated materials
permit". The process and procedures set forth in standard permit conditions of
the "Hazardous Materials Business Plan..
2. Partial gas system upgrades shall require permits under similar conditions to
existing underground fuel lines. For example:
(i) If permit is required for a piping modification, then upgrading of the
entire system for that gas is required.
45
(ii) . permit is required for a piping mod.on, such as for connecting an
existing piping system to a new piece of equipment, then upgrading of
the entire system is required.
DMSION XI. CIVIL PENALTIES
99.601 Civil Penalties
Any person, property owner, firm or corporation who intentionally or negligently
violates any provision of this Article 99 of the Uniform Fire Code, 1997 Edition or who
fails to comply with any order issued thereunder, shall be liable for a civil penalty
which shall be assessed and recovered by the City Attorney.
REASON FOR AMENDMENT:
In the 1991 edition oftne fire code, the Toxic Gas Ordinance was identified as Article 90. The 1994
edition of the fire code has a published article entitled "Standards". This amendment re-numbers the
Toxic Gas Ordinance to Article 99.
Fire Code Aooendix Chapters
The Uniform Fire Code, 1997 Edition volume I is further amended by adopting the following
Appendix chapters with amendments set forth in this section;
APPENDIX I-C
APPENDIX II-A
APPENDIX H-B
APPENDIX H-D
APPENDIX H-F
APPENDIX II-H
APPENDIX H-I
APPENDIX III-A
APPENDIX IV-A
APPENDIX IV-B
APPENDIX V-A
STAIRWAY IDENTIFICATION
SUPPRESSION AND CONTROL OF HAZARDOUS AREAS
PROTECTION OF FLAMMABLE AND COMBUSTffiLE LIQUID TANKS
IN LOCATIONS SUBJECT TO FLOODING
RIFLE RANGES
PROTECTED ABOVEGROUND TANKS FOR MOTOR VEHICLE
DISPENSING STATIONS OUTSIDE BUILDINGS
SITE ASSESSMENTS FOR DETERMINING POTENTIAL FIRE AND
EXPLOSION RISKS FROM UNDERGROUND FLAMMABLE OR
COMBUSTffiLE LIQUID TANK LEAKS
OZONE GAS GENERATING EQUIPTMENT
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
INTERIOR FLOOR FINISH
CHRISTMAS TREES
NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE
REASON FOR AMENDMENT:
Appendices are not automatically included as part of the fire code unless specifically adopted by
Council. There are 26 appendices at the end of the fire code. Appendices adopted by Council have the
force oflaw and can be enforced by staff. Appendices not specifically adopted by Council do not have
the force oflaw but can be used as guidelines.
AMEND 1997 UFC: Appendix II-F SECTION 4.3 Tank Desi!!n
SECTION READS:
46
Size. Primary tanks shall noaeed a 10,000-gallon (37854 L) indi.l or 40,000-gallon (151,416
L) aggregate capacity
AMENDED TO READ:
4.3 Size. Primary tanks shall not exceed a 2,000 gallon individual or 6,000 gallon aggregate capacity
The Chief may, by special application, consider the granting oflarger individual and aggregate
capacities.
REASON FOR AMENDMENT:
While the basic requirements of no greater than 2,000 gallon individual capacity and 6,000 gallon
aggregate capacity remains the same as previously adopted by Council, this amendment provides the
chief with additional authority to grant larger individual and aggregate capacities by special request.
ADD 1997 UFC: Appendix II-F SECTION NO.9 FEES
ADD SECTION TO READ:
10.1. The code required permit fee shall be consistent with the City's Comprehensive fee schedule.
10.2 A one time surcharge for the a storage tank will be assessed at the rate of$1000.00 for the
first 2,000 gallons and an additional $250.00 for every additionall000gallons shall be due and payable
at the time of initial permit issuance.
10.3. Beginning with the adoption of the 1996-97 Comprehensive fee schedule, the one time
surcharge shall be as provided for in the fee schedule.
10.4. The surcharge shall be charged to the business address.
10.5 The surcharge shall be used for the purchase of specialized fire suppression equipment, spill
containment equipment and other support supplies and equipment.
REASON FOR AMENDMENT:
This amendment is a carryover. Council adopted the amendments to this section in January of 1994.
Only the fiscal year date, which appears in section 10.3, has been changed.
AMEND 1997 UFC: PART IX ADD APPENDIX VII LIFE-SAFETY REOUIREMENTS FOR
NEW HIGH RISE BUILDINGS
ADD APPENDIX VII TO READ:
Appendix VII. LIFE-SAFETY REQUIREMENTS FOR NEW HIGH RISE BUILDINGS
General. Buildings having floors located more than 50 feet above the lowest floor level having
building access will comply with all requirements contained in Part 2, Title 24, California Code of
Regulations, Chapters 2-18 for high rise buildings. This requirement shall apply to all new buildings of
any construction or any occupancy classification used for human occupancy.
REASON FOR AMENDMENT:
47
Current city zoning allows fail dings 50 feet and higher. State re.on for high rise buildings
take effect at 75 feet. This added amendment provides the chief with the authority and flexibility to
require additional fire and life safety provisions, when, in the opinion of the chief, such provisions are
necessary to augment limited fire department staffing.
G:\COMDEV\BLESlRAFAEL\ARSORD\adp _ ubc4.doc
6/Z2m
48
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-61 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 21 st day ofJune, 1999, 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 25th day ofJune, 1999.
~~~-
City Clerk ofthe City of Gilroy
(Seal)