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Ordinance 2002-27ORDINANCE NO. 2002 - 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2000 EDITION OF THE UNIFORM FIRE CODE, VOLUMES 1 AND 2, WITH AMENDMENTS TO THE CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, AND AMENDING SECTION 10.1 OF CHAPTER 10 OF THE GILROY CITY CODE. WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the Uniform Fire Code shall be submitted to the City Council for adoption subject to local modifications and changes; and WHEREAS, the latest edition of the Uniform Fire Code is the 2000 Uniform Fire Code with amendments adopted by the State of California as the 2001 California Fire Code; and WHEREAS, California has adopted the 2000 Uniform Fire Code with amendments as part of the California Building Standards Code; and WHEREAS, California Health and Safety Code section 17958 authorizes a city or county to make changes in provisions published in the California Building Standards Code or other regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or other promulgated regulations shall be applicable to the city or county and shall become effective 180 days after publication, which date of effectiveness is November 1, 2002; and WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county to make changes or modifications in the requirements contained in the provisions of the California Building Standards Code and other adopted regulations if the city or county WVH1565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 determines that the changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health & Safety Code section 13143.5 authorizes a city or county, by ordinance, to make changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and certain other regulations; and WHEREAS, the Silicon Valley area, which includes this City, is within a very active seismic area and local soil conditions can be highly expansive and are prone to shrink and swell during seasonal drying and wetting; and WHEREAS, portions of the City are in hillside areas that are 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 has participated in a County -wide effort over many months to make uniform amendments to the 2001 California Fire Code throughout the cities in the county that share similar local climatic, geological and topographical considerations; and WVH\565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 WHEREAS, the City Fire Chief and staff recommend that some local amendments to the 2001 California Fire Code are necessary as are set forth herein; and WHEREAS, a duly noticed public hearing was held prior to the adoption of this 2001 California Fire Code and amendments thereto by the City Council on October 7, 2002; and WHEREAS, the adoption of this Ordinance is exempt from review under the California Environmental Quality Act ( "CEQA ") pursuant to CEQA Guidelines section 15378(a); and WHEREAS, the City Council has reviewed all of the written materials and considered all of the oral testimony presented to it on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I This Ordinance shall be known and cited as the City of Gilroy Fire Code. SECTION II The City of Gilroy does adopt that portion of the Uniform Fire Code, 2000 Edition, volumes 1 and 2, including Appendix Chapters I -C, II -A, II -B, II -H, II -I, III -A, III-C, III -D, IV -A, IV -B, V -A, Appendix VI -A, Appendix VI -J, and Appendix VII, which is not included in the California Fire Code, 2001 Edition, together with the California Fire Code 2001 Edition and Errata with modifications, additions and changes recommended by the Fire Chief as set forth in Section III of this Ordinance. SECTION III AMEND 2000 UFC with 2001 CFC, SECTION NO. 103.1.4 BY ADDING A NEW SECTION TO READ: 103.1.4.1 The Building Board of Appeals appointed by the City shall act as the Building Board of Appeals for this code. WVH1565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 AMEND 2000 UFC with 2001 CFC SECTION NO. 103.2.2.1 TO READ: 103.2.2.1 General. A fire prevention bureau established within the Building, Life and Environmental Safety Division, of the Community Development Department, and under the direction of the Fire Chief shall consist of the Fire Marshal and Deputy Fire Marshal, and other personnel assigned thereto by the Fire Chief. The function of this bureau shall be to assist the Fire Chief in the administration and enforcement of the provisions of this code. The Fire Prevention Bureau shall also provide development review. AMEND 2000 UFC with 2001 CFC SECTION NO. 204 — C Definition of Chief of Fire Prevention Bureau TO READ: CHIEF OF THE BUREAU OF FIRE PREVENTION shall mean the Fire Chief. AMEND 2000 UFC with 2001 CFC SECTION NO. 209 — R, BY ADDING NEW DEFINITIONS TO READ: REFRIGERANT CIRCUIT shall consist of all portions of a system that contain refrigerant, high and low pressure. WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment. AMEND 2000 UFC with 2001 CFC SECTION NO. 902.5 BY ADDING A NEW SECTION TO READ: 902.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices which would inhibit rapid fire department emergency access to the building are installed, such devices shall be approved by the chief. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Article 12 for exiting. AMEND 2000 UFC with 2001 CFC SECTION NO. 1003.1.2 TO READ: 1003.1.2 Standards. Fire - extinguishing systems shall comply with the Building Code and Fire Code Standards.(See UBC Standard 9 -1.) AMEND 2000 UFC with 2001 CFC SECTION NO. 1003.1 BY ADDING A NEW SECTION TO READ: WVH1565153.2 -4- 01- 091602 - 04706002 Ordinance No. 2002 -27 1003.1.3 Monitoring of Other Approved Fire Extinguishing Systems. When a fire alarm system or fire sprinkler monitoring system is installed in a building, the system shall monitor all fire extinguishing systems including, but not limited to, commercial kitchen extinguishing systems, clean agent systems, CO2 systems, dry chemical and foam systems. Activation of the fire extinguishing system shall send an alarm signal and initiate the alarm signaling devices. AMEND 2000 UFC with 2001 CFC SECTION NO. 1003.2.10 BY ADDING A 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: Any building or group of buildings where in the judgment of the Fire Chief due to size, height, type of construction, location on property, contents of occupancy classification or change in use which would exceed or severely tax the capabilities of the local Fire Department to perform a reasonable level of rescue and fire suppression. In all occupancies, regardless of area or occupancy separation walls, 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 of ladder 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 or this section, then the entire building shall be sprinklered. EXCEPTION: One time additions of less than 1000 square feet need not be sprinklered unless otherwise required. WVH1565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 2. 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 -1 and R -3 buildings over five thousand (5,000) square feet in area or construction in an RH (Residential Hillside) zone. AMEND 2000 UFC with 2001 CFC TABLE 1004 -A TO READ: ADD NEW FOOTNOTE 8 TO TABLE 1004 -A: 8 The chief may require the installation of Class I or H 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 H standpipes shall comply with Section 1004.4. AMEND 2000 UFC with 2001 CFC SECTION NO. 1007.3.3.6.1 BY ADDING A NEW SECTION TO READ: 1006.3.3.6.1.1 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. AMEND 2000 UFC with 2001 CFC SECTION NO. 1107.3 BY ADDING A NEW SECTION TO READ: 1107.3 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over - temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. AMEND 2000 UFC with 2001 CFC SECTION NO. 1109.3.1 BY ADDING A NEW SECTION TO READ: 1109.3.1 Portable Fueled Open -Flame Heating Appliances. Portable fueled open - flame heating devices when used in buildings shall be approved for use by the Chief. AMEND 2000 UFC with 2001 CFC SECTION NO. 1303.4.4 BY ADDING A NEW SECTION TO READ: WVH\565153.2 _6- 01- 091602- 04706002 Ordinance No. 2002 -27 1303.4.4 Cabinets. In large commercial, industrial or residential complexes the Chief may require the Emergency Plan and the HMBP to be in KNOX locked cabinets at an approved Location. AMEND 2000 UFC with 2001 CFC SECTION NO. 5101.1 TO READ: 5101.1.1 General. Semiconductor fabrication facilities and comparable manufacturing, research and development areas classified as Group H Occupancies shall be in accordance with Article 51 and the Building Code. The use, storage and handling of hazardous materials in semiconductor fabrication facilities and comparable manufacturing, research and development areas classified as Group H Occupancies shall be in accordance with Article 51, other applicable provisions of this code and the Building Code. AMEND 2000 UFC with 2001 CFC SECTION NO. 5202.3.7.1 TO READ: 5202.3.7.1 Size. Primary tanks of protected aboveground tanks shall not exceed a 2,000 gallon individual or 6,000 gallon aggregate capacity. Tank installations having the maximum allowable aggregate capacity shall be separated from other installations by not less than 100 feet (30480 m). The Chief may, by special application, consider the granting of larger individual and aggregate capacities. AMEND 2000 UFC with 2001 CFC SECTION NO. 6301 TO READ: 6301 Scope. Refrigeration unit and system installations having a refrigerant circuit containing more than 220 pounds (100kg) of Group Al or 30 pounds (13.6kg) of any other group refrigerant shall be in accordance with Article 63 and the Mechanical Code. See Appendix VI — J for refrigerant group descriptions. See also Sections 8001.1.2, 8001.16.7 and 8002. EXCEPTION: The Chief is authorized to exempt temporary or portable installations. AMEND 2000 UFC with 2001 CFC SECTION NO. 6303 TO READ: SECTION 6303 — DEFINITIONS For definitions of IMMEDIATELY DANGEROUS TO LIFE AND HEALTH (IDLH), LOWER FLAMMABILITY LIlVIIT (LFL) PERMISSIBLE EXPOSURE LIMIT (PEL) AND REFRIGERANT AND REFRIGERANT CIRCUIT, see Article 2. For refrigerant groups, see appendix VI — J. WVH1565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 AMEND 2000 UFC with 2001 CFC SECTION NO. 6404 TO READ: 6404.6 Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and the following: 1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to 1.0 percent of the total volume of the room in accordance with nationally recognized standards, or 2. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute per square foot (5.1 cubic meter per second per square meter) of floor area of the room. 3. Failure of the ventilation system shall initiate a local alarm and transmit a signal to a constantly attended station or automatically disengage the charging system. AMEND 2000 UFC with 2001 CFC SECTION NO. 7902.2.2.1 TO READ: 7902.2.2.1.1. Locations where aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. 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. R1 Single Family Dwellings 3. R2 Two Family Residential 4. R3 Medium Density Residential 5. R4 High Density Residential 6. PO Professional Office 7. C1 Neighborhood Commercial 8. C2 Central District Commercial 9. C3 Shopping Center Commercial EXCEPTIONS: When approved by the Fire Chief the following exceptions may be allowed: 1. Double wall steel aboveground tanks used for the storage of Class H liquids including integral diesel fuel storage tanks for generators or fire pumps, which are listed and limited to capacity of 660 gallons. Tanks shall be located a minimum of ten (10) feet from any building and property line which is or can be built upon unless protected by an unpierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area. 2. Protected aboveground storage tanks storing diesel fuel that is used to power generators or fire pumps shall not exceed 2,000 gallons individual capacity and 6,000 WVH\565153.2 01- 091602 - 04706002 Ordinance No. 2002 -27 gallons aggregate capacity. Tanks with capacities of 661 -2,000 gallons shall be located a minimum of ten (10) feet from any building and fifteen (15) feet from a property line which is or can be built upon unless protected by an unpierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area. 3. Protected aboveground storage tanks for Motor Vehicle Fueling used at public emergency services facilities, and installed in conformance with Article 52 as amended. AMEND 2000 UFC with 2001 CFC SECTION NO. 7901.14 BY ADDING A NEW SECTION TO READ: 7901.14 Monitoring. Monitoring of flammable and combustible liquid storage /use systems shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Hazardous Materials Business Plan if otherwise required or shall be in writing for approval by the chief. Monitoring methods may include but are not limited to the following; 1. Visual inspection, no less than monthly. 2. Continuous leak detection and alarm system. 3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the Fire Chief. AMEND 2000 UFC with 2001 CFC SECTION NO.7901.15 BY ADDING A NEW SECTION TO READ: 7901.15 Secondary Containment Requirements. A containment system shall be required for all flammable and combustible liquids. Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. AMEND 2000 UFC with 2001 CFC SECTION NO. 8001.11.10 BY ADDING A NEW SECTION TO READ: 8001.11.10 Monitoring. Monitoring of storage /use systems of liquid and solid hazardous materials shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Business Plan if not otherwise required or shall be in writing for approval by the Chief. Monitoring methods may include but are not limited to the following: 1. Visual inspection, no less than monthly. WVH1565153.2 -9- 01- 091602 - 04706002 Ordinance No. 2002 -27 2. Continuous leak detection and alarm system. 3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the Fire Chief. AMEND 2000 UFC with 2001 CFC SECTION NO. 8001.11.11 BY ADDING A NEW SECTION TO READ: 8001.11.11 Secondary Containment Requirements. A containment system shall be required for all hazardous materials which are liquids at normal temperature and pressure (NTP). Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation, and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. The chief may require outside containment areas to be covered with a roof or canopy for protection from the environment. AMEND 2000 UFC with 2001 CFC SECTION NO. 8001.7.1 BY ADDING A NEW SECTION TO READ: 8001.7.1 IDENTIFICATION SIGNS. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. AMEND 2000 UFC with 2001 CFC SECTION NO. 8001.17.1 BY ADDING A NEW SECTION TO READ: 8001.17.1 FIRE PROTECTION SYSTEMS FOR WORKSTATIONS. When the building is protected by an automatic fire protection system, an approved fire protection system shall be provided for all workstations where hazardous materials are dispensed, stored or used. An automatic fire sprinkler head shall be installed within each branch exhaust connection or within individual plenums of workstations of combustible construction. The automatic fire sprinkler system head in the exhaust connection or plenum shall be located not more than 2 feet (6 10 mm) from the point of the duct connection or the connection to the plenum. When necessary to prevent corrosion, the automatic fire sprinkler head and connecting piping in the duct shall be coated with approved or listed corrosion - resistant materials. The automatic fire sprinkler system head shall be accessible for periodic inspection. EXCEPTIONS: 1. Approved alternate automatic fire - extinguishing systems are allowed. Activation of such systems shall deactivate the related processing equipment. 2. Process equipment which operates at temperatures exceeding 932 degrees Fahrenheit (500 degrees C) and which is provided with automatic shutdown capabilities for hazardous materials. WVFM65153.2 _10- 01- 091602- 04706002 Ordinance No. 2002 -27 3.Exhaust ducts 10 inches (254 mm) or less in diameter from flammable gas storage cabinets that are part of a workstation. AMEND 2000 UFC with 2001 CFC SECTION NO. 8003.3.1.3.5.1 BY ADDING A NEW SECTION TO READ: 8003.3.1.3.5.1 General. Treatment systems shall be utilized to handle the accidental release of gas. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures and gas rooms. AMEND 2000 UFC with 2001 CFC SECTION NO. 8204.2.1 BY ADDING A NEW SECTION TO READ: 8204.2.1. Limits Defined. In addition to the allowable capacity stated in Section 8204.2, LP Gas installations shall not be allowed in the following areas. 1. RH Residential Hillside 2. R1 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: 1. Containers used for torches and similar uses. 2. Portable containers in barbecues, camp stoves, recreation vehicles and similar uses. 3. Motor vehicle fuel tanks. The 2000 EDITION UNIFORM FIRE CODE VOLUME 1 APPENDIX CHAPTERS TO BE ADOPTED. ADOPT APPENDICES: APPENDIX I -C STAIRWAY IDENTIFICATION APPENDIX II-A SUPPRESSION AND CONTROL OF HAZARDOUS AREAS APPENDIX II -B PROTECTION OF FLAMMABLE AND COMBUSTIBLE LIQUID TANKS IN LOCATIONS SUBJECT TO FLOODING APPENDIX II -D RIFLE RANGES WVH1565153.2 -11- 01- 091602- 04706002 Ordinance No. 2002 -27 APPENDIX II-H SITE ASSESSMENTS FOR DETERMINING POTENTIAL FIRE AND EXPLOSION RISKS FROM UNDERGROUND FLAMMABLE OR COMBUSTIBLE LIQUID TANK LEAKS APPENDIX II -I OZONE GAS GENERATING EQUIPMENT APPENDIX III -A FIRE -FLOW REQUIREMENTS FOR BUILDINGS APPENDIX III -D FIRE DEPARTMENT ACCESS GUIDELINES APPENDIX IV -A INTERIOR FLOOR FINISH APPENDIX IV -B CHRISTMAS TREES APPENDIX V -A NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE APPENDIX VI -A HAZARDOUS MATERIALS CLASSIFICATIONS APPENDIX VI -J REFRIGERANT GROUPS AND PROPERTIES AMEND 2000 UFC APPENDICES BY ADDING A NEW 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. SECTION IV Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council of the City of Gilroy finds that each of the modifications, additions and changes to the aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably necessary because of local climatic, geological or topographical conditions, or to impose proper more stringent standards for fire and panic safety. Specifically, the City Council finds: (1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately 90% of the precipitation falls during the months of November through April, and 10% from May through October. Relative humidity drops to 20 or lower during the dry months (summer). Temperatures have been recorded as high as 108 degrees Fahrenheit. This area has been subject to drought. It is anticipated that drought conditions will continue to occur in the future. Such conditions allow natural vegetation and outdoor combustible materials to be in a dry state for a large portion of the year, making them more susceptible to ignition and rapid burning. These conditions combined create high fire danger during the summer and fall months. WVH1565153.2 -12- 01- 091602- 04706002 Ordinance No. 2002 -27 (2) Geological Findings. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life- safety of building occupants. This is especially critical in the facilities housing hazardous materials or occupancies requiring safe and quick evacuation in order to get to a safe location. Early warning of fire, early fire suppression and control of spread are important. (3) Topographical Findings. A major rail corridor through the central portion of town divides the City. There are no overpasses available within the City boundaries. This can impair response and can serve to isolate the City's Fire Response capability. A major highway also divides the City. There are portions of the City where there is only one overpass to access a substantial geographical area. There are no alternate routes within City boundaries; and The highway is also part of a major truck transportation route. If an accident, or earthquake makes the overpass uncrossable this will isolate the area and impact response times; and The City has a substantial industrial area within a flood plain. Flooding in the area would isolate the area from the City's Fire Response capability; and The City has areas that are within hillside and open spaces defined as State Response Areas. The grade and narrow and/or lack of roadways impair the Fire Response to these areas. The presence of large areas of natural vegetation that is dry and highly ignitable during the dry and hot summer and fall months can create increase fire responses and impair fire response to other incidents. Water flow in the hillside areas is impacted as fire flows fall below 1500 gpm; and The City is a great distance from any large metropolitan area. Response times from the nearest metropolitan fire department is a minimum of half an hour and during traffic periods in excess of 45 minutes. This serves to further isolate the City and impair Fire Response as there are fewer fire responders in the immediate area. Information on the nature of an incident in a timely manner is of greater importance than in a metropolitan area where a first alarm sends more personnel than the entire on -duty staffing of the Gilroy Fire Department. Measures which provide early fire detection, suppression and prevention of fire spread are warranted based on these findings. (4) Fire and Panic Safety Findings. Hazardous Materials use, handling and storage present unique emergency response requirements. The Gilroy Fire Department does not have its own hazardous materials team and the nearest mutual aid team is in excess of 45 minutes response time; and The City of Gilroy relies solely on ground water for water supply and much of the area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply and additional measures are needed to ensure that these materials do not threaten that supply; and Because Gilroy is remote from the main metropolitan areas, there are fewer ambulance and hospital services available to provide for large numbers of persons with WVH1565153.2 -13- 01- 091602 - 04706002 Ordinance No. 2002 -27 injuries. Hazardous Materials and other intensive industrial uses place a competing burden on the delivery of fire services. Hazardous Material and/or facilities using, storing hazardous materials require additional controls to ensure that such hazards can be controlled. A copy of these findings shall be filed with the California Building Standards Commission. Also filed with a copy of these findings shall be Attachment A hereto, entitled "Additional Reasons for Local Modifications and Changes," which is hereby incorporated by reference, in which Attachment each modification or change is expressly marked and identified as to which modification or change each finding refers, and in which are specified other conditions and reasons rendering the above modifications or changes reasonably necessary. read: SECTION V Section 10.9 of Article H of Chapter 10 of the Gilroy City Code is hereby amended to Sec. 10.9 Uniform Fire Code Adopted. There is hereby adopted by the City Council for the purpose of prescribing regulations and governing conditions hazardous to life and property from fire or explosion, and providing penalties for the violation thereof that certain code known as the Uniform Fire Code to apply in the City of Gilroy. The latest edition of the above code, together with any changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and other regulations shall be submitted to the City Council from time to time for approval by the Council by ordinance. A copy of the ordinance shall be kept on file in the office of the fire chief for public review. SECTION VI The City Council hereby directs staff to include in the record any and all documents setting forth facts and findings for adoption of the Uniform Codes and amendments and appendices thereto. \NVH\565153.2 -14- 01- 091602 - 04706002 Ordinance No. 2002 -27 SECTION VII If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VIII This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21sT day of October, 2002, by the following vote: AYES: COUNCII.MEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ATTE Rhonda Pellin, City Clerk \NVH\565153.2 01- 091602- 04706002 -15- AREI-LANO, DH -LON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NONE VELASCO APPROVED: Thomas W. Springer, ayor Ordinance No. 2002 -27 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002 -27 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21 st day of October, 2002, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Sea] of the City of Gilroy this 5th day of November, 2002. City Clerk of the City of Gilroy (Seal)