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Ordinance 2016-16ORDINANCE NO. 2016 -16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, WITH THE CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, INCLUDING LOCAL AMENDMENTS WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the California Fire Code (CFC) shall be submitted to the City Council for adoption subject to local modifications and changes; and WHEREAS, the latest edition of the California Fire Code is the 2015 International Fire Code (IFC) with amendments adopted by the State of California as the 2016 California Fire Code; and WHEREAS, California has adopted the 2016 California Fire Code with amendments as part of the California Building Standards Code Title 24, Part 9; and WHEREAS, California Health and Safety Code section 17958 authorizes a city or county to make changes in provisions published in the California Building Standards Code or other regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or other promulgated regulations shall be applicable to the city or county and shall become effective 180 days after publication, which date of effectiveness is January 1, 2017; 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 1 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 authorizes a city or county, by ordinance, to make changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and certain other regulations; and WHEREAS, the Silicon Valley area, which includes this City, is within a very active seismic area and local soil conditions can be highly expansive and are prone to shrink and swell during seasonal drying and wetting; and WHEREAS, portions of the City are in hillside areas that are high hazard fire zones and are adjacent to State Responsibility Areas designated as very high hazard zones. These areas have only limited fire suppression forces and facilities available for the protection of life and property and are characterized by vegetation that. is highly flammable and subject to rapidly expanding wildfires; and WHEREAS, city fire protection and suppression services for buildings are limited and therefore require supplemental fire suppression services such as automated fire sprinkler systems fire alarms and fire resistive construction; and WHEREAS, the City has local climatic considerations including temperatures ranging from below freezing to over one hundred degrees, local geological considerations including the presence of seismic activity and expansive clay soils, and local topographical considerations including extensive hillside construction that is prone to erosion and slippage; and WHEREAS, the City has participated in a County -wide effort over many months to make uniform amendments to the 2015 International Fire Code with 2016 California Fire Code amendments, and that the cities, in the county that share similar local climatic, geological and topographical considerations; and 2 WHEREAS, the City Fire Chief and staff recommend that some local amendments to the 2015 International Fire Code and 2016 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 2015 International Fire Code with 2016 California Fire Code amendments and local amendments thereto by the City Council on November 7, 2016; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act ( "CEQA "), as amended, because it does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council has reviewed all of the written materials and considered all of the oral testimony presented to it on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I This Ordinance shall be known and cited as the City of Gilroy Fire Code. SECTION II The City of Gilroy does adopt that portion of the International Fire Code, 2015 Edition, together with the California Fire Code 2016 Edition including Appendix Chapters as adopted by the State Building Standards Commission, including Errata, with modifications, additions and changes recommended by the Fire Chief as set forth in Section III of this Ordinance. 3 SECTION III AMEND THE 2015 IFC /2016 CFC SECTION 101.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 101.1 Title. These regulations shall be known as the City of Gilroy Fire Code, hereinafter referred to as `this code'. AMEND THE 2015 IFC /2016 CFC SECTION 103.1 IN ITS ENTIRETY TO READ AS I Dill- CIIY10 103.1 General. The Fire Marshal carries out the functions of the fire code official on behalf of and under the direction of the Fire Chief and implements, administers and enforces the provisions of this code. The Fire Marshal's office is established within the City of Gilroy as the office of Fire Prevention and is located in the Community Development Department. AMEND THE 2015 IFC /2016 CFC SECTION 105.6.17 BY REVISING ITEMS 10 AND 11 TO READ IN ITS ENTIRETY AS FOLLOWS: 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on -demand mobile fueling operations in accordance with Section 5707. 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to utilize a site for on -demand mobile fueling operations in accordance with Section 5707. AMEND THE 2015 IFC /2016 CFC SECTION 105.6.20 TO READ IN ITS ENTIRETY AS FOLLOWS: 4 do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto that the violation shall be prosecuted as an infraction. Infraction fines are implemented pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due notice has been served shall be deemed a separate offence. AMEND THE 2015 IFC /2016 CFC SECTION 111.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except as such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $100 and not more than $1000. AMEND THE 2015 IFC /2016 CFC SECTION 202, BY AMENDING THE DEFINITIONS OF SECONDARY CONTAINMENT AND WORKSTATION, TO READ IN THEIR ENTIRETY AS FOLLOWS: SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure. WORKSTATION. A defined space or an independent principal piece of equipment using hazardous materials with a hazard rating of 3 or higher as ranked by NFPA 704 here a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a work station are included as part of the work station. A work station is 0 allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment AMEND THE 2015 IFC /2016 CFC SECTION 202 BY ADDING NEW DEFINITIONS CORROSIVE LIQUID, MODERATELY TOXIC GAS, MAXIMUM THRESHOLD QUANTITY, MINIMUM THRESHOLD QUANTITY, OTHER HEALTH HAZARD MATERIAL AND SPILL CONTROL TO READ AS FOLLOWS: CONTINUOUS GAS DETECTION SYSTEM. A gas detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30 minutes. In occupied areas where air is re- circulated and not exhausted, the fire code official may require a cyclical basis at intervals not to exceed 5 minutes. The gas detection system shall be able to detect the presence of a gas at or below the permissible exposure limit in occupiable areas and at or below % IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable areas CORROSIVE LIQUID. Corrosive liquid is 1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or 2) any liquid having a pH of 2 or less or 12.5 or more; or 3) any liquid classified as corrosive by the U.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22. MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each. 7 MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate quantity of highly toxic, toxic or moderately toxic gas in a control area which, due to the minimum aggregate quantities, need only comply with the requirements set forth in Section 6004.1. OTHER HEALTH HAZARD MATERIAL. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses). SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room. AMEND THE 2015 IFC /2016 CFC SECTION 316 BY ADDING SECTION 316.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 316.7 Roof Guardrails at Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12 -inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. AMEND THE 2015 IFC /2016 CFC BY AMENDING SECTION 403.3.12.370 READ IN ITS ENTIRETY AS FOLLOWS: 8 403.3.12.3 Crowd Managers. Where facilities or events involving a gathering of more than 1,000 persons or for events requiring a Gilroy Special Event Permit, crowd managers shall be provided in accordance with Sections 403.12.3.1 through 403.12.3.3. The number shall be established by the Police Department and Fire Marshal based on an evaluation of level of public safety needs for the specific event or activity. AMEND THE 2015 IFC /2016 CFC BY AMENDING SECTION 503.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.1.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.2 and as per the Gilroy Fire Department Access Road Standards. AMEND THE 2015 IFC /2016 CFC BY AMENDING SECTION 503.1.2. TO READ IN ITS ENTIRETY AS FOLLOWS: 503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Fire apparatus access roadways to buildings or building projects shall be reviewed and approved by the fire code official. All EVA's shall meet engineering design standards similar to a public roadway or public driveway, and be maintained by the property owner. Thresholds for additional access are as follows: a. For residential developments, there shall be a minimum of two approved fire access roadways when there are more than 30 one- and two- family residential units, or more than 100 multi- family residential units. The Fire Code Official will determine secondary access needs for dwellings in the Wildland Urban Interface Fire Area. In no case will 6 more than 10 dwellings exist without a secondary fire access roadway in a Wildland Urban Interface Fire Area. b. Where there is an individual building exceeding 3 stories in height or exceeds 62,000 sq ft in area, there shall be two separate access roadways to access the structure. c. Where a building complex exceeds 120,000 sq ft of total building area it shall be provided with two separate and approved access roadways to the complex. AMEND THE 2015 IFC /2016 CFC SECTION 503.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm). Curb cuts for driveways that provide Fire Apparatus Access shall be 2 feet wider on each side of the driveway (apron extension). Fire apparatus access road width shall be increased to 26 ft in width and minimum distance of 30 ft from Buildings when the building is 3 stories or greater. Exceptions: 1. When there are not more than two Group R, Division 3, or Group U occupancies, the access road width may be modified by the fire code official. 2. When an approved security gate is installed in accordance with Section 503.6, the gate may be less than 20 ft if approved by the fire code official. AMEND THE 2015 IFC /2016 CFC SECTION 503.2.5 TO READ IN ITS ENTIRETY AS x171111111113 503.2.5 Dead Ends. Dead -end fire apparatus access roads in excess of 150 feet (45m720 mm) in length shall be provided with an approved turn- around area for turning around the fire apparatus. The turn- around shall be consist of a bulb shaped cul -de -sac that IR accommodates the fire apparatus turning radius. Parking of vehicles within the fire apparatus turning radius shall not be permitted. Obstructions by fences or gates that may interfere with the use of turn- around are not permitted. Fire Turn - Around parking restrictions shall be identified by painting the curb red. On private property signage shall be provided indicating that it is a Fire Turnaround Dead end roads in excess of 750 ft require special approval and may be required to have additional apparatus turn outs or greater width. Exceptions: 1) An alternative design turn around may be approved when the number of units served by the turn- around is less than 10 and the design is one of the published fire apparatus turn around templates. 2) In the Residential Hillside Zone alternative designs are allowed when they can be shown to provide a minimum 3 point turn and when approved by the fire code official. AMEND THE 2015 IFC /2016 CFC SECTION 503.2.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.2.7 Grade. The grade of the fire apparatus road shall not exceed 15 %. Exception: 1. When approved by the Fire Chief for short segments of an access roadway where the grade does not exceed 18% and will not exceed 50 ft in length and will not impede the movement of the fire apparatus. AMEND THE 2015 IFC /2016 CFC SECTION 503.6 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the Fire Chief. Where security gates are installed they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. When electronic gates are installed 11 operation shall be maintained operational at all times. When electronic gates are installed across one or more of the fire access roadways they shall be provided with automatic opening devices that can be activated by the fire department during a response to the location. They shall also be provided with KNOX key over -ride switches. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM 2200. AMEND THE 2015 IFC /2016 CFC SECTION 503.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.7 Aerial Fire Apparatus Access Roads. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 ft (9144m), approved aerial fire apparatus access roads shall be provided. For a pitched roof the measurement of the highest roof surface is to the intersection of the roof to the exterior wall, or the top of a parapet wall, whichever is greater. At least one of the access routes shall be located a minimum of 15 ft and a maximum of 30 ft from the building, and shall be positioned parallel to one entire side of the building. Overhead utility and power lines shall not be located over the aerial fire apparatus road and the building. When adequate aerial access cannot be provided other means shall be provided by alternate methods and /or materials to compensate for the inadequate access. Such shall include but not be limited to: non- combustible construction components, area separation walls, and specialized access components. AMEND THE 2015 IFC /2016 CFC SECTION 504.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 504.3 Stairway access to roof. New multi -story buildings, except those with a roof slope greater than four units vertical in 12 units horizontal (33.3- percent slope), shall be provided with a stairway to the roof. Stairway access to the roof shall be in accordance with Section 1009.13. Such stairway shall be marked at the street and floor levels with a sign indicating that the stairway continues to the roof. Where a roof hatch and ladder are provided from the top story to the roof the opening shall be a minimum of 36 inches by 12 24inches and maintain the fire rating of the structure. Where roofs are used for roof gardens or for other purposes, stairways shall be provided as required for such occupancy classification. Large single story buildings may be required to have an exterior ladder when the Fire Chief determines that fire access is needed. When solar panel systems are added to a roof additional access may be required by the Chief. The number and location of roof access stairwells and / or exterior ladders shall be determined by the Fire Chief. Access from stairwells and exterior ladders may be protected from unauthorized access by locking with either KNOX locks or providing a key in the building's KNOX box. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 504.5 TO READ IN ITS ENTIRETY AS FOLLOWS: 504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. AMEND THE 2015 IFC /2016 CFC SECTION 505.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 505.1.1 Illumination. New buildings shall have illuminated address numbers. Illumination shall be provided throughout the entire period of darkness. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 505.3 to read as follows: 505.3 Complex premises identification. When there are several multi - family units within a development, or single family units do not face a street or where units have an alley as the only driveable access (paseo frontage), an illuminated site diagram shall be installed at each driveway entrance to the development that shows the location and addresses of all units and the fire system device locations. 13 AMEND THE 2015 IFC /2016 CFC SECTION 507.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 507.3 Fire flow. Fire flow requirements for commercial buildings shall be determined by using an approved method. Fire flow for one and two family dwellings, group R -3, and R -4 buildings and townhouses shall not be less than 1500 gallons per minute. For other than one -and two- family dwellings, group R -3, and R -4 buildings and townhouses the fire flow shall be for the prescribed amount and duration as specified in Table B 105.1(2) and B 105.2. A reduction in required fire flow of up to 50% may be allowed when approved by the Fire Chief and when the building is provided with an approved automatic fire sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire flow shall not be less than 2500 gallons per minute. AMEND THE 2015 IFC /2016 CFC SECTION 507.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 507.4 Water supply test. The fire code official shall be notified for a water supply test. Water supply tests shall be conducted or witnessed by the fire code official. AMEND THE 2015 IFC /2016 CFC SECTION 507.5 TO READ IN ITS ENTIRETY AS FOLLOWS: 507.5 Fire hydrant systems. Fire hydrants systems shall comply with sections 507.5.1 through 507.5.6 Hydrants on public streets shall be installed to the City of Gilroy Public Works Standard Details. Private Fire Hydrant systems shall be installed pursuant to NFPA 24 and maintained and tested pursuant to NFPA 25 by the property owner. Private fire hydrant systems shall not share the same water supply lines with a private domestic supply and shall be on its own separate fire water mains. AMEND THE 2015 IFC /2016 CFC SECTION 507.5.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 14 507.5.1 Where required. Where a portion of the facility, building, or outdoor handling, process or storage area requiring a permit, is hereafter constructed or moved into or within the jurisdiction, is more than 150 from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility, building or outdoor storage area, on -site fire hydrants and mains shall be provided where required by the fire code official. Fire hydrants shall be spaced at intervals of every 300 ft on public and private fire access roadways. The Fire Chief may increase the interval if there are no structures or fire hazards that can be protected from the access roadway. In no case shall the interval exceed 500 ft. When a median or the number of lanes of a street or fire access roadway make it prohibitive to provide fire hydrant access fire hydrants shall be provided on both sides of the street or fire access roadway. Exception: 1. Group R -3 occupancies in the Gilroy Wildland -Urban Interface Fire Area, may be required to install a warf style hydrant in lieu of a private hydrant if there is a public fire hydrant within 50 ft of the driveway at the street level. ADD TO THE 2015 IFC /2016 CFC SECTION 605.13 TO READ AS FOLLOWS: 605.13 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 THE 2015 IFC /2016 CFC SECTION 608.63 TO READ AS FOLLOWS: 608.6.3 Supervision. Mechanical ventilation systems where required by Sections 608.6.1 and 608.6.2 shall be supervised by an approved central, proprietary or remote station service or shall initiate an audible and visual signal at a constantly attended on -site location. Failure of the ventilation system shall cause the charging system to shut down. 15 AMEND THE 2015 IFC /2016 CFC SECTION 903.2 IN ITS ENTIRETY TO READ AS FOLLOWS: 903.2 Where required. Approved automatic sprinkler systems, in new and existing buildings and structures including covered parking and storage areas, are to be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.19 whichever is the more restrictive. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1. In other than residential buildings, which require the installation of a residential fire sprinkler system according to the California Residential Code, an automatic sprinkler system shall be provided throughout all new buildings and structures greater than 3,600 square feet of building area. Any change in use to a residential use shall constitute a new residence and subject the building to the California Residential Code requiring installation of a residential fire sprinkler system. Exceptions: A. Group S -2 or U occupancies used exclusively for vehicle parking and which meet all of the following: a. Noncombustible construction. b. Maximum building area not to exceed 5,000 square feet. c. Structure is open on three (3) or more sides. d. Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with California Building Code 706. B. Accessory or Granny Units less than or equal to 600sq ft that are added to a residential parcel that does not have the main residence sprinklered. 2. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, I, L, M, S and U buildings and structures, when additions are made that increase the 16 building area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.19. Exception: A one -time addition not exceeding 1,000 square feet. 3. An automatic sprinkler system shall be provided throughout existing Group R occupancies when additions are made that increase the building area to more than 3600 square feet. Exception: A one -time addition not exceeding 1,000 square feet. 4. An automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50 %. 5. Any "change in use" or change in the "occupancy class" of any building, with a building area greater than 3600 square feet, which, in the opinion of the fire code official or building official, would place the building into a more intensified life safety risk' or increased fire risk2, shall require the installation of an approved fire sprinkler system. ' Life Safety — Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools /day -care facilities, large residential care facilities with non - ambulatory 2 Fire Risks — High -piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames). AMEND THE 2015 IFC /2016 CFC SECTION 903.1.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as provided in Section 903.3.1.1 and local standards. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be 17 Ordinary Hazard Group 2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density. AMEND THE 2015 IFC /2016 CFC SECTION 903.3.1.2 IN ITS ENTIRETY TO READ AS FOLLOWS: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. Local standards are established to provide the Fire Chief with reasonable means to provide protection to multi - family buildings and hotel structures. These include that all concealed spaces and attic spaces be protected. AMEND THE 2015 IFC /2016 CFC SECTION 903.3.1.3 IN ITS ENTIRETY BY TO READ AS FOLLOWS: 9033.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two - family dwellings, Group R -3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D and local water supply standards. An approved signaling device shall be installed on the exterior and interior of the dwelling. The riser shall be located inside of the garage or an approved protective enclosure, a pilot head installed in attic spaces and spare head box with one of each type of fire sprinkler. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 3304.8 TO READ AS FOLLOWS: 3304.8 Fire Walls. When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather- protected at the location of the wall(s). AMEND THE 2015 IFC /2016 CFC SECTION 3311.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 18 [B] 3311.1 Stairways Required. Each level above the first story in multi -story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls /windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For multi -story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 3311.1.1 TO READ AS FOLLOWS: 11113311.1 Stairways Required. Each level above the first story in multi -story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls /windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For multi -story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). AMEND THE 2015 IFC /2016 CFC SECTION 4905.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 19 4905.3 Establishment of limits. The establishment of limits for the Wildland -Urban Interface Area's required construction methods shall be designated pursuant to the California Public Resources Code for State Responsibility areas, and in the City of Gilroy the areas designated as Residential Hillside (RH) zoning are so designated based on their topography, vegetation, climatic and proximity to State Responsibility areas which make these methods necessary for effective fire protection within this area. The Residential Hillside Zoning areas are designated as the "City of Gilroy Wildland -Urban Interface Fire Area" and subject to the construction methods of Section 4905.2. AMEND THE 2015 IFC /2016 CFC SECTION 4906.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 4906.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management: 1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Areas (SRA) including: 1.1. Moderate Fire Hazard Severity Zones 1.2. High Fire Hazard Severity Zones 1.3. Very-High Fire Hazard Severity Zones 1. Land designated as a Very-High Fire Hazard Severity Zone or designated "City of Gilroy Wildland -Urban Interface Fire Area" as established in Section 4905.3. 2. Areas designated as High Fire Hazard Severity Zones and adjacent to "City of Gilroy Wildland -Urban Interface Fire Area" may be subject to all or part of the hazardous vegetation and fuel management requirements when determined necessary by the Fire Chief. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 4906.3.1 TO READ AS FOLLOWS: F 4906.3.1 Prohibited Plants. The Fire Chief may designate plants that are prohibited from being used in landscaping in the City of Gilroy Wildland Urban Interface Fire areas or areas adjacent to those areas pursuant to Section 4906.2. The prohibited plants list shall be available from the Fire Code Official, Building Permit Office, and each Fire Station. The list shall be updated from time to time by the Fire Chief. AMEND THE 2015 IFC /2016 CFC SECTION 4907.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures within the Very -High Fire Hazard Severity Zones of a Local Responsibility Area (LRA) and in the City of Gilroy Wildland -Urban Interface Fire Area shall maintain defensible space as outlined in Government Code 51175 — 51189. Defensible space shall also be provided around water tank structures, water supply pumps and pump houses and ground mounted solar panel arrays. Persons owning, leasing, controlling, operating or maintaining buildings or structures in the City of Gilroy Wildland -Urban Interface Fire Area but that are not within the Very - High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times: 1. Maintain an effective defensible space by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures. 21 Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. Maintain additional effective defensible space by removing brush, flammable vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by the fire code official due to steepness of terrain or other conditions that would cause a defensible space of only 30 feet (9144 mm) to be insufficient. Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and deemed necessary to stabilize the soil and prevent erosion may be managed in a way accepted by the Fire Code Official without total removal. 3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a chimney. 4. Maintain trees adjacent to or overhanging a building free of deadwood; and 5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. 6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks /containers. 7. Combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The combustible material within the defensible space shall be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm). 22 8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways to of non -fire- resistive vegetation growth. Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and deemed necessary to stabilize the soil and prevent erosion may be managed in a way accepted by the Fire Code Official without total removal. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 4907.2 TO READ IN ITS ENTIRETY AS FOLLOWS 4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist to correct such conditions. If the owner fails to correct such conditions the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 4908 TO READ IN ITS ENTIRETY AS FOLLOWS: SECTION 4908 FIRE PROTECTION PLAN 4908.1 General. When required by the fire code official, a fire protection plan shall be prepared. 4908.2 Content. The plan shall be based upon a site - specific wildfire risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building ignition and fire- resistance factors, fire protection systems and equipment, defensible space and vegetation management. 4908.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant. 23 4908.4 Plan Retention. The fire protection plan shall be retained by the fire code official and shall be maintained by the Property Owner and any HOA or Property Management Company, AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 4909 TO READ AS FOLLOWS: SECTION 4909 WATER SUPPLY and FIRE PROTECTION 4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated into or within the Wildland -Urban Interface Fire Area shall be provided with a fire sprinkler systems and fire protection water supplies in accordance with Chapter 5 and the sprinkler requirements in Chapter 9 as amended. Exception: Buildings used as carports, sheds and agricultural uses with a building area of not more than 500 square feet (56 m2). AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 4910 TO READ AS FOLLOWS: SECTION 4910 IGNITION SOURCE CONTROL 4910.1 Fireworks. Fireworks shall not be used or possessed in the Gilroy Wildland- Urban Interface Fire Area or in those areas designated pursuant to 4906.2(3) as presenting a proximity to Gilroy Wildland -Urban Interface Fire Areas. 4910.2 Wood Burning. Wood shall not be used in outdoor fire places, outdoor fire pits, or outdoor BBQ's in the Gilroy Wildland -Urban Interface Fire Area. 4910.3 Off Road Motorized Vehicles. Motorized vehicles shall not be operated on unpaved paths or roadways and going through brush covered areas in Gilroy Wildland- 24 Urban Interface Fire Areas. The Fire Chief may require that access to open spaces by off road vehicles be managed by property owners. Exception: Local, State and Federal Agency Vehicles on official business in the areas, or property owners or contractors that are provided consent by a property owner in order to conduct property maintenance or construction activities. Such activities shall be done with care to prevent hot vehicle parts from contacting dry or dead grass or brush. AMEND THE 2015 IFC /2016 CFC SECTION 5001.2.2.2 IN ITS ENTIRETY TO READ AS FOLLOWS: 5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard. 1. Highly toxic an toxic materials. 2. Corrosive materials. 3. Moderately toxic gas. 4. Other health hazards. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.1.5 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.1.5 Toxic, Highly Toxic, Moderately Toxic Gases And Similarly Used Or Handled Materials. The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.1.5 TO READ IN ITS ENTIRETY AS FOLLOWS: 25 5003.1.6 Other health Hazards. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.1.6 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.1.7 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2 AMEND THE 2015 IFC /2016 CFC SECTION 5003.2.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following: 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject. 2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed. 26 3. Readily accessible manual valves or automatic remotely activated fail -safe emergency shutoff valves shall be installed on supply piping and tubing at the following locations: 1. The point of use. 2. The tank, cylinder or bulk use. 4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible accessible and indicated by means of a sign. 5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4 Flammability Class 4 Reactivity Class 4 in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff and excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical. Exceptions: 1. Piping for inlet connections designed to prevent backflow. 2. Piping for pressure relief devices. 7. Secondary containment or equivalent protection from spills shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2 and 6004.3. Secondary containment includes, but is not limited to double walled piping. Exceptions: 1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials. 27 2. Piping under sub - atmospheric conditions if the piping is equipped with an alarm and fail - safe -to -close valve activated by a loss of vacuum. 8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials. AMEND THE 2015 IFC /2016 CFC SECTION 5003.2.2.2 TO READ IN ITS ENTIRETY TO READ AS FOLLOWS: 5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following: 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded—,threaded or aged brazed connections throughout except for connections within an Ventilated exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid. 2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire- resistance -rated construction or in concealed spaces in areas not classified as Group H Occupancies. EXCEPTION: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.8.6.3 of the California Building Code as required for Group H, Division 5 Occupancies. 3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10 -9 cubic centimeters /second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems_ 28 AMEND THE 2015 IFC /2016 CFC SECTION 5003.3.1 TO READ IN ITS ENTIRETY TO READ AS FOLLOWS: 5003.3.1 Unauthorized Discharges. When hazardous materials are released in quantities reportable under state, federal or local regulations or when there is release or a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.5.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.5.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5003.9.11 TO READ IN ITS ENTIRETY AS FOLLOWS: 5003.9.11 Fire Extinguishing Systems For Workstations Dispensing, Handling or Using Hazardous Materials. Combustible and non - combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing system in accordance with Section 2703.10. 29 Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF /ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500m1. AMEND THE 2015 IFC /2016 CFC SECTION 5004.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas when required by the Fire Chief. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods: 1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in outdoor locations. 2. Liquid -tight floors in indoor locations or similar areas provided with liquid -tight raised or recessed sills or dikes. 3. Sumps and collection systems. 4. Other approved engineered systems. Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid -tight seal shall be compatible with the material stored. When liquid -tight sills or dikes are provided, they are not required at perimeter openings having an open -grate trench across the opening that connects to an approved collection system. AMEND THE 2015 IFC /2016 CFC SECTION 5004.2.2.2 TO READ IN ITS ENTIRETY TO READ AS FOLLOWS: 5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent-secondary containment systems. 30 AMEND THE 2015 IFC /2016 CFC SECTION 5004.2.3 TO READ IN ITS ENTIRETY TO READ AS FOLLOWS: 5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids. Where used as an alternative to spill control and secondary containment for outdoor storage in accordance, with the exception in Section 5004.2, containment pallets shall comply with all of the following: 1. A liquid -tight sump accessible for visual inspection shall be provided; 2. The sump shall be designed to contain not less than 66 gallons (250L); 3. Exposed surfaces shall be compatible with material stored; 4. Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet. AMEND THE 2015 IFC /2016 CFC SECTION 5601.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 5601.1 Scope. For explosives requirements see California Code of Regulations, Title 19, Division 1, Chapter 10 and section 5601.2 of this chapter. For fireworks requirements see 31 California Code of Regulations, Title 19, Division 1, Chapter 6 and section 5601.3 of this chapter. For small arms ammunition, see Section 5601.5 of this chapter. Exceptions: 1. The armed Forces of the United States, Coast Guard or National Guard. 2. Explosives in forms prescribed by the official United States Pharmacopoeia. 3. The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. 4. Items preempted by federal regulations. AMEND THE 2015 IFC /2016 CFC CHAPTER 5601.1.3 BY ADDING EXCEPTION 5 AS FOLLOWS: 5. The sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A. AMEND THE 2015 IFC /2016 CFC SECTION 5704.2.7.5.8 TO READ IN ITS ENTIRETY AS FOLLOWS: 5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and III -A liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350. Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.6 Item 1 sub item (1.1) An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel- burning equipment inside buildings. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 5704.2.7.5.9 TO READ IN ITS ENTIRETY AS FOLLOWS: 32 5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on -site for a period of five (5) years. AMEND THE 2015 IFC /2016 CFC BY ADDING A NEW SECTION 5707 TO READ: SECTION 5707 ON- DEMAND MOBILE PERSONAL MOTOR VEHICLE FUELING 5707.1 General. On -demand mobile fueling operations that dispense Class I, II, and III liquids into the fuel tanks of motor vehicles shall comply with Sections 5707.1 through 5707.7. Exception: Fueling from an approved portable container in cases of an emergency or for personal use. 5707.1.1 Approval required. Mobile fueling operations shall not be conducted without first obtaining a permit and approval from the fire code official. Mobile fueling operations shall occur only at approved locations. 5707.2 Mobile fueling vehicle. An on -demand mobile fueling vehicle shall be one of the following: 1. A tank vehicle complying with NFPA 385 that has chassis - mounted tanks or containers where the aggregate cargo capacity does not exceed 1200 gallons (4542 L). Chassis - mounted tanks greater than 110gallons shall not be used to refuel passenger vehicles in Commercial, Residential or Public Use and/or Serving Areas. A use permit may be required if the property is not zoned for vehicle fueling station. 33 2. A vehicle with one or more chassis - mounted tanks or containers that do not exceed 110 gallons (415 L) individual capacity and having an aggregate capacity that does not exceed 1200 gallons (4542 L). 3. A vehicle that carries a motor fuel in metal safety cans listed in accordance with UL 30 or other approved metal containers each not to exceed 5 gallons (19 L) in capacity. All containers shall be adequately secured. 4. A vehicle that carries a maximum of 1000lbs of motor fuel in DOT listed metal drums. Drums shall be secured and in full compliance with DOT requirements. The mobile fueling vehicle shall comply with the requirements of all local, state and federal requirements. Mobile fueling vehicles with a chassis - mounted tank in excess of 110 gallons (415 L) shall comply with the requirements of Section 5706.6, Section 5707, and NFPA 385. The mobile fueling vehicle and its equipment shall be maintained in good repair. Safety cans and approved metal containers shall be secured to the mobile fueling vehicle except when in use. 5707.3 Required documents. Documents developed to comply with Sections 5707.3.1 through 5707.3.3 shall be updated as necessary by the owner of the mobile fueling operation and shall be maintained in compliance with Section 107.3. 5707.3.1 Safety and emergency response plan. Mobile fueling operators shall have an approved written safety and emergency response plan that establishes policies and procedures for fire safety, spill prevention and control, personnel training and compliance with other applicable requirements of this code. 34 57073.2 Training records. Training records of operators shall be maintained. Mobile fueling vehicle operators shall possess evidence of training on proper fueling procedures and the safety and emergency response plan. 5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines, and appurtenances on site and their use or function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan. 5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, or inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited. 5707.4.1 Separation. Mobile fueling shall not take place within 25 feet (7620 mm) of buildings, property lines, or combustible storage. Exception: The fire code official shall be authorized to decrease the separation distance for dispensing from metal safety cans or other approved metal containers in accordance with Section 5707.2. When dispensing operations occur within 15 feet (4572 mm) of a storm drain, an approved storm drain cover or an approved equivalent method that will prevent any fuel from reaching the drain shall be used. 5707.4.2 Sources of ignition. Smoking, open flames, and other sources of ignition shall be prohibited within 25 feet (7620 mm) of fuel dispensing activities. Signs prohibiting smoking or open flames within 25 feet (7620 mm) of the vehicle and the point of fueling shall be prominently posted on the mobile fueling vehicle. The engines of vehicles being fueled shall be shut off during fueling. 35 5707.5 Equipment. Mobile fueling equipment shall comply with Sections 5707.5.1 through 5707.5.5. 5707.5.1 Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not exceed 50 feet (15 240 mm) in length. The dispensing nozzles, and-hoses and appurtenances shall be of an approved and listed type. 5707.5.2 Break -away device. A listed break -away device shall be provided at the nozzle. Exception: Mobile fueling vehicles equipped with an approved brake interlock tied to the nozzle holder that prohibits movement of the mobile fueling vehicle when the nozzle is removed from its holder. 5707.5.3 Shut off valve and fuel limit. Mobile fueling vehicles shall be equipped with a listed shutoff valve assembly and a fuel limit switch set to a maximum of 30 gallons (116 L). 5707.5.4 Fire extinguisher. An approved portable fire extinguisher complying with Section 906 with a minimum rating of 4- A:80 -B:C shall be provided on the mobile fueling vehicle with signage clearly indicating its location. 5707.5.5 Spill kit. Mobile fueling vehicles shall contain a minimum 5 gallon (19 L) spill kit of an approved type. 5707.6 Operations. Mobile fueling vehicles shall be constantly attended during fueling operations with brakes set and warning lights in operation. Mobile fueling vehicles shall not obstruct emergency vehicle access roads. 5707.6.1 Dispensing hose. Where equipped, mobile fueling vehicles shall be positioned in a manner to preclude traffic from driving over the dispensing hose. The dispensing hose shall be placed on an approved reel or in an approved compartment prior to moving the mobile fueling vehicle. 36 5707.6.2 Drip control. Operators shall place a drip pan or an absorbent pillow under the nozzle to catch drips and under each fuel fill opening prior to and during dispensing operations. 5707.6.3 Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed adequately lighted by the fire code official. 5707.6.4 Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation while dispensing operations are in progress. 5707.6.5 Safety cones. Safety cones or barriers shall be employed as warning devices to highlight the vehicle fueling area. 5707.6.6 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be provided. Such bonding means shall be employed during fueling operations. 5707.6.7 Spill reporting. Spills shall be reported in accordance with Section 5003.3.1. 5707.7 Training. Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan. The vehicle operator training shall be approved by the fire code official. AMEND THE 2015 IFC /2016 CFC SECTION 6004 TO READ IN ITS ENTIRETY AS FOLLOWS: SECTION 6004 HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC COMPRESSED GASES INCLUDING THOSE USED AS REFRIGERANTS. AMEND THE 2015 IFC /2016 CFC SECTION 6004.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 37 6004.1 General. Materials stored and used as a gas whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, toxic or moderately toxic gas shall comply with Section 6004. The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1. Table 6004.1 Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet AMEND THE 2015 IFC /2016 CFC SECTION 6004.1.1 TO READ IN ITS ENTIRETY AS Mall] 001`1013 6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3. AMEND THE 2015 IFC /2016 CFC SECTION 6004.1.1.1 through 6004.1.1.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.1.1 Group A, E, I or U occupancies. Toxic, highly toxic and moderately toxic gases shall not be stored or used within Group A, E, I or U occupancies. Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods. 6004.1.1.2 Group R occupancies. Toxic, highly toxic and moderately toxic gases shall not be stored or used in Group R occupancies. 38 6004.1.1.3 Offices, retail sales and classrooms. Toxic, highly toxic and moderately toxic gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies. Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods. AMEND THE 2015 IFC /2016 CFC SECTION 6004.1.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic gases shall comply with Section 5003.8.6 and the following requirements: 1. The average ventilation velocity at the face of gas cabinet access ports or windows shall not be less than 200 cubic feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s) at any point of the access port or window. 2. Gas cabinets shall be connected to an exhaust system. 3. Gas cabinets shall not be used as the sole means of exhaust for any room or area. The maximum number of cylinders located in a single gas cabinet shall not exceed three, except that cabinets containing cylinders not exceeding 1 pound (0.454 kg) net contents are allowed to contain up to 100 cylinders. 4. Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire- extinguishing systems shall not be used. AMEND THE 2015 IFC /2016 CFC SECTION 6004.1.3TO READ IN ITS ENTIRETY AS FOLLOWS: 39 6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.5 and the following requirements: 1. The average ventilation velocity at the face of the enclosure shall not be less than 200 feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s). 2. Exhausted enclosures shall be connected to an exhaust system. 3. Exhausted enclosures shall not be used as the sole means of exhaust for any room or area. 4. Exhausted enclosures required by Section 6004.2 or 6004.3 shall be equipped with an approved automatic sprinkler system in accordance with Section 903.3.1.1. Alternative fire- extinguishing system shall not be used. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.4 Automatic Shut -Off Valve. An automatic shut -off valve, which is of a fail -safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following: 1. Activation of a manual fire alarm system. 2. Activation of the gas detection system. 3. Failure of emergency power. 4. Failure of primary containment. 5. Seismic activity. 6. Failure of required ventilation. 7. Manual activation at an approved remote location. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.5 TO READ IN ITS 40 ENTIRETY AS FOLLOWS: 6004.1.5 Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or other approved monitoring station, which is continually staffed by trained personnel. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.6 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this code. Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 6004 of this code The following formula shall be used to calculate the maximum threshold quantity: Max TQ (pounds) = LC50 (ppm) x 2 lb. For gas mixtures containing one or more toxic, highly toxic or moderately toxic components, the LC50 shall be calculated using CGA Standards P -20 and P -23. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow - limiting device. All flow limiting 41 devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.8 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.8 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.9 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.9 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut -off valves shall be of a fail- safe -to -close design, AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.10 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.10 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area. 42 AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.11 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.11 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.12 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.12 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.13 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.13 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand. 43 AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.1.14 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.1.14 Seismic Shutoff Valve. An automatic seismic shut -off valve, which is of a fail -safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds. AMEND THE 2015 IFC /2016 CFC SECTION 6004.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10. AMEND THE 2015 IFC /2016 CFC SECTION 6004.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, moderately toxic, and toxic gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.35. AMEND THE 2015 IFC /2016 CFC SECTION 6004.2.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding 44 the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.2.1.4 and 6004.2.1.5, AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.2.1.4 AS FOLLOWS: 6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, and 6004.1 and Chapter 50. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.2.1.5 AS FOLLOWS: 6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50. AMEND THE 2015 IFC/2016 CFC SECTION 6004.2.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2.2 General Indoor Requirements. The general requirements applicable to the indoor storage and use of highly toxic, moderately toxic and toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.4. Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7. 45 Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2). AMEND THE 2015 IFC /2016 CFC SECTION 6004.2.2.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms and local exhaust systems required in Section 6004.2.2.4 and 6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Section 510 of the California Mechanical Code. Exceptions: 1. Highly toxic., toxic and moderately toxic gases storage. A treatment system is not required for cylinders, containers and tanks in storage when all of the following are provided: 1.1.Valve outlets are equipped with gas-tight outlet plug or caps. 1.2.Hand wheel- operated valves have handles secured to prevent movement. 1.3.Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3. AMEND THE 2015 IFC /2016 CFC SECTION 6004.2.2.10.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide warning both inside and outside the area where the gas is detected. The audible alarm shall be distinct from all other alarms. 46 AMEND THE 2015 IFC /2016 CFC SECTION 6004.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.1 through 6004.3.4. The minimum threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 6004.1. AMEND THE 2015 IFC /2016 CFC SECTION 6004.3.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5. AMEND THE 2015 IFC /2016 CFC SECTION 6004.3.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.3.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.3.1.4 and 6004.3.1.5. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.3.1.4 AS FOLLOWS: 6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not :Y7 exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6004.3.1.5 AS FOLLOWS: 6004.3.1.5 Quantities exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.3 and Chapter 50. AMEND THE 2015 IFC /2016 CFC SECTION 6004.3.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4. Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3. Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4. Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(4). AMEND THE 2015 IFC /2016 CFC SECTION 6004.3.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 48 6004.3.3 Outdoor Storage Weather Protection For Portable Tanks and Cylinders. Weather protection in accordance with Section 5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5. AMEND THE 2015 IFC /2016 CFC BY ADDING SECTION 6405.3.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system. AMEND THE 2015 IFC /2016 CFC BY AMENDING CHAPTER 80 WITH THE FOLLOWING ADDITIONAL REFERENCE STANDARDS. CGA G -7 (2014) Guide to Labeling and Marking of Compressed Gas G -13 (2015) Storage and Handling of Silane and Silane Mixtures. ANSI/P -18 (2013) Standard for Bulk Inert Gas Systems S -1.2 (2009) Pressure Relief Device Standards - Part 2 Portable Containers for Compressed Gases V -1 (2013) Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections 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 49 aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably necessary because of local climatic, geological or topographical conditions, or to impose proper more stringent standards for fire and panic safety. A copy of these findings, together with the modification or changes shall be filed by the City Clerk with the California Building Standards Commission. Specifically, the City Council finds: (1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately 90% of the precipitation falls during the months of November through April, and 10% from May through October. Relative humidity drops to 20 or lower during the dry months (summer). Temperatures have been recorded as high as 115 degrees Fahrenheit. This area has been subject to drought. It is anticipated that drought conditions will continue to occur in the future. Such conditions allow natural vegetation and outdoor combustible materials to be in a dry state for a large portion of the year, making them more susceptible to ignition and rapid burning. These conditions combined create high fire danger during the summer and fall months. (2) Geological Findings. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life - safety of building occupants. This is especially critical in the facilities housing hazardous materials or occupancies requiring safe and quick evacuation in order to get to a safe 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 50 The highway is also part of a major truck transportation route. If an accident, or earthquake makes the overpass un- crossable this will isolate the area and impact response times; and the City has a substantial industrial area within a flood plain. Flooding in the area would isolate the area from the City's Fire Response capability; and The City has areas that are within hillside and open spaces defined as State Response Areas. The grade and narrow and/or lack of roadways impair the Fire Response to these areas. The presence of large areas of natural vegetation that is dry and highly ignitable during the dry and hot summer and fall months can create increase fire responses and impair fire response to other incidents. Water flow in the hillside areas is impacted as fire flows fall below 1500 gpm; and The City is a great distance from any large metropolitan area. Response times from the nearest metropolitan fire department is a minimum of half an hour and during traffic periods in excess of 45 minutes. This serves to further isolate the City and impair Fire Response as there are fewer fire responders in the immediate area. Information on the nature of an incident in a timely manner is of greater importance than in a metropolitan area where a first alarm sends more personnel than the entire on -duty staffing of the Gilroy Fire Department. Measures which provide early fire detection, suppression and prevention of fire spread are warranted based on these findings. (4) Fire and Panic Safety Findings — Hazardous Materials. 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 injuries. Hazardous Materials and other intensive industrial uses place a competing burden on the delivery of fire services. Hazardous Material and/or facilities using, 51 storing hazardous materials require additional controls to ensure that such hazards can be controlled; and (5) Fire and Panic Safely Findings — Automatic Fire Sprinklers. The City's water system is reliable and capable of providing adequate pressures and reliability to allow the use of automatic fire sprinkler systems to be economical and practical to be included in all new construction. Response to fires, medical aid and other disasters can result in fire responders to be called to multiple calls or to calls that require more suppression resources than may be on duty. Therefore fire sprinkler systems are relied upon to provide for quick and reliable fire suppression or control. To this end these systems are needed at a lower threshold than the International Codes provide. These systems also need to be designed to provide quick effective and complete fire protection in their activation in order to minimize the effects of fire and panic. SECTION V If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VI This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 21s' day of November, 2016, by the following vote: AYES: COUNCILMEMBERS: AULMAN, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRACCO 52 53 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2016 -16 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21 st day of November, 2016, 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 23`d day of November, 2016. City Clerk of the City of Gilroy (Seal)