Ordinance 2019-10ORDINANCE NO.2019-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE 2018 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 Chapter 10 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 2018 International Fire
Code (IFC) with amendments adopted by the State of California as the 2019 California Fire
Code; and
WHEREAS, California has adopted the 2019 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, 2020;
and
WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county
to make changes or modifications in the requirements contained in the provisions of the
California Building Standards Code and other adopted regulations if the city or county
determines that the changes or modifications are reasonably necessary because of local climatic,
geological or topographical conditions; and
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
ORDINANCE NO. 2019-10
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 automatic 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 2018 International Fire Code with 2019 California Fire Code
amendments, consistent with cities in the county that share similar local climatic, geological and
topographical considerations; and
WHEREAS, the Interim Fire Chief recommends that some local amendments to the 2018
International Fire Code and 2019 California Fire Code are necessary as are set forth herein; and
WHEREAS, a duly noticed public hearing was held by the City Council on November 4,
2019, prior to the adoption of this 2018 International Fire Code with 2019 California Fire Code
amendments and local amendments; 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, 2018 Edition,
together with the California Fire Code 2019 Edition including Appendix Chapters as adopted by
ORDINANCE NO.2019-10
the State Building Standards Commission, including Errata, with modifications, additions and
changes recommended by the Interim Fire Chief as set forth in Section III of this Ordinance.
SECTION III
The following sections are adopted as described below.
Chapter I is adopted in its entirety as amended below.
SECTION 101.1 TITLE.
101.1 Title. These regulations shall be known as the City of Gilroy Fire Code,
hereinafter referred to as "THIS CODE".
SECTION 103.1 APPOINTMENT.
103.1 Appointments. 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.
SECTION 105.6.20 HAZARDOUS MATERIALS.
105.6.20 Hazardous Materials. An operational permit is required to store, transport on
site, dispense, use or handle hazardous materials in excess of the amounts listed in tables
105.6.8, 105.6.10, and 105.6.20. This includes radioactive materials with more than one
micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or
more than 1 mill curie (37,000,000 Becquerel) of radioactive material in a sealed source
or sources, or any amount of radioactive material for which a specific licenses from the
Nuclear Regulatory Commission is required. When any material is deemed by the State
of California to be listed on a hazardous materials business plan pursuant to California
Health and Safety Code Chapter 6.95 and is present at any time in excess of in quantities
in excess of 55 gallons, 500 lbs. or 200 cu ft. a permit is required. When any quantity of
material, defined as hazardous waste in the California Code of Regulations (CCR) Title
22, shall require a permit.
SECTION 105.6.31 MOTOR FUEL DISPENSING FACILITIES.
ORDINANCE NO. 2019-10
105.6.31 Motor Fuel Dispensing. An operational permit is required for the fiieling of
motor vehicles including automotive, marine craft, and fleets at fixed facilities and
through mobile fueling operations.
SECTION 105.7.26 LITHIUM BATTERIES.
105.7.26 Lithium Batteries. An operational permit is required to handle or store more
than 1,000 pounds (454 kg) of lithium batteries.
SECTION 105.7.27 ADDITIVE MANUFACTURING.
105.7.27 Additive Manufacturing. An operational permit is required to conduct additive
manufacturing operations as covered in Section 321.3.
SECTION 110.4 VIOLATIONS.
110.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under the provisions of this code, shall be guilty
of a misdemeanor; provided, however, that where the City Attorney or his or her duly
authorized agents has determined that such action would be in the best interest of justice,
the City Attorney may specify in the accusatory pleading, citation or amendment thereto
that the violation shall be prosecuted as an infraction. Infraction fines are implemented
pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
Chapter 2 is adopted in its entirety as amended below.
SECTION 202 GENERAL DEFINITIONS.
3D Printer. A machine used in the additive manufacturing process for fabricating objects
through the deposition of a material using a print head, nozzle, or another printer
technology.
Additive Manufacturing. A process of joining materials to make objects from 3D model
data, usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes
two types of additive manufacturing:
ORDINANCE NO. 2019-10
1. Industrial additive manufacturing. 3D printing operations that typically utilize
combustible powders or metals, an inert gas supply, a combustible dust collection
system, or that create a hazardous (classified) location area or zone outside of the
equipment.
2. Non -industrial additive manufacturing. 3D printing operations that do not create a
hazardous (classified) location area outside of the equipment, and do not utilize an
inert gas supply or a combustible dust collection system.
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.
All Weather Driving Surface. A roadway designed to carry the imposed weight loads of
fire apparatus (Minimum load of 68,000 pounds) and a minimum surface finish of one
layer of asphalt or concrete or road pavers.
Alteration. Any work done to a structure that increases the fire area of a room or area.
Driveway. Access road from a public way to a structure that is used for vehicular access,
including fire and emergency vehicles.
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.
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).
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.
ORDINANCE NO. 2019-10
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.
Workstation. A defined space or an independent principal piece of equipment using
hazardous materials with a hazard rating of 3 or 4 in accordance with 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 allowed
to contain ventilation equipment, fire protection devices, detection devices, electrical
devices and other processing and scientific equipment.
Chapter 3 is partially adopted with adopted sections listed below. (Sections adopted by the
State Fire Marshal reniain unchanged except as modified below)
SECTION 303 ASPHALT KETTLES IS ADOPTED IN ITS ENTIRETY
SECTION 305 IGNITION SOURCES IS ADOPTED IN ITS ENTIRETY
SECTION 306 MOTION PICTURE PROJECTION ROOMS AND FILM IS
ADOPTED IN ITS ENTIRETY
SECTION 307 OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE
OUTDOOR FIREPLACES IS ADOPTED AS AMENDED BELOW
307.1.1 Prohibited open burning. Open burning, other than cooking, shall be
prohibited.
Exception: [No change]
307.4.1 BONFIRES.
307.4.1 Bonfires. Bonfires, other than for cooking purposes, shall be prohibited.
307.4.2 RECREATIONAL FIRES.
307.4.2 Recreational Fires. When approved by the fire code official, recreational fires
shall not be conducted within 25 feet (7620 mm) of a structure or combustible material.
Conditions that could cause a fire to spread within 25 feet (7620 mm) of the structure
shall be eliminated prior to ignition. If allowed, all such fires shall require a fire code
permit.
SECTION 308.1.4 OPEN FLAME COOKING DEVICES.
308.1.4 Open Flame Cooking Devices. [No change]
ORDINANCE NO. 2019-10
Exceptions:
1. Group R-2, R-3, and R-3.1 occupancies
2. [No change]
J. [No change]
SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT IS
ADOPTED
SECTION 310 SMOKING IS ADOPTED
SECTION 311 VACANT PREMISES IS ADOPTED
SECTION 315.8 LITHIUM BATTERY STORAGE AND HANDLING.
315.8 Lithium Battery Storage and Handling. The storage and handling of lithium ion
and lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall
comply with Section 315.8.1 through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.27.
315.8.2 Maximum Quantity in a Fire Area. The aggregate amount of lithium batteries
stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction Requirements. Fire areas shall be separated from each other by
fire barriers having not less than 2-hour fire resistance rating constructed in accordance
with Section 707 of the Building Code and horizontal assemblies constructed in
accordance with Section 711 of the Building Code.
315.8.4 Number of Fire Areas. The maximum number of fire areas within a building
shall be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000
pounds of lithium batteries per fire area shall be in an approved Group H, Division 2
occupancy constructed in accordance with the Building Code and provided throughout
with approved automatic smoke detection and radiant -energy detection systems.
315.8.6 Automatic Sprinkler System. Buildings containing fire areas used for lithium
battery storage or handling shall be equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1. The design of the sprinkler system
within each fire area shall not be less than that required for Extra Hazard Group 2_with a
minimum design area of 2,500 square feet. Where the storage arrangement is required by
other provisions of this code to be provided with a higher level of sprinkler system
protection, the higher level of sprinkler system protection shall be provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke detection
system that activates an approved occupant notification system shall be provided
throughout each fire area in accordance with Section 907.
ORDINANCE NO.2019-10
315.8.8 Radiant energy detection. An approved radiant -energy detection system that
activates an approved occupant notification system shall be installed throughout each fire
area in accordance with Section 907.
315.8.9 Collection containers. Containers used to collect or store lithium batteries shall
be noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6
L), or be approved for transportation in accordance with the Department of
Transportation (DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high -hazard
commodity in accordance with Chapter 32 and where applicable, lithium battery storage
shall comply with Chapter 32 in addition to Section 315.8.
SECTION 318 LAUNDRY CARTS IS ADOPTED
SECTION 319.1.1 HEALTH DEPARTMENT APPROVAL.
319.1.1 Health Department Approval. Mobile food preparation vehicles shall display a
Santa Clara County Health Department sticker as prescribed by County Health.
SECTION 321 ADDITIVE MANUFACTURING.
321.1 General. Additive manufacturing equipment and operations shall comply with
Section 321.
321.1.1 Scope. Additive manufacturing shall comply with one of the following:
1. Non -industrial additive manufacturing shall comply with Section 321.2.
2. Industrial additive manufacturing shall comply with Section 321.3.
321.1.2 Installation, operation and maintenance. 3D printers and associated additive
manufacturing equipment shall be installed, operated and maintained in accordance with
this Code, the listing and the manufacturer's instructions.
321.1.3 Production materials. Only the production materials listed for use with the
equipment and included in the manufacturer's instructions shall be used.
321.2 Non -industrial additive manufacturing. Non -industrial additive manufacturing
equipment and operations shall comply with Section 321.2.1 through 321.2.4. Additive
manufacturing equipment and operations that do not comply with Section 321.2 shall
comply with Section 321.3.
321.2.1 Listing. 3D printers used in non -industrial additive manufacturing shall be listed
and labeled in accordance with UL 60950-1, UL 62368-1 or UL 2011. The listing shall
also verify:
ORDINANCE NO. 2019-10
1. The 3D printers are self-contained and utilize maximum 30 liter pre -packaged
production materials.
2. The operation of the 3D printers shall not create a hazardous (classified) electrical
area or outside of the unit.
3. If any hazardous (classified) electrical area or zone exists inside of the unit's outer
enclosure, the area shall be protected by intrinsically safe electrical construction
or other acceptable protection methods.
4. The 3D printers shall not utilize inert gas or an external combustible dust
collection.
321.2.2 Occupancies. Non -industrial additive manufacturing shall be permitted in all
occupancy groups.
321.3 Industrial additive manufacturing. Industrial additive manufacturing equipment
and operations shall comply with Section 321.3.1 through 321.3.13.
321.3.1 Permits required. Permits shall be obtained from the fire code official in
accordance with Section 105.6 prior to engaging in industrial additive manufacturing
operations.
321.3.2 Listing. 3D printers used in industrial additive manufacturing shall be listed and
labeled in accordance with UL 2011 or approved for the application based on a field
evaluation conducted by an approved agency.
321.3.3 Combustible Dusts and Metals. Industrial additive manufacturing operations
that store, use or produce combustible dust, combustible particulate solids or combustible
metals shall comply with Chapter 22 and this section.
321.3.4 Powder Evaluation. Printing powders used in industrial additive manufacturing
operations shall be tested for combustibility in accordance with NFPA 484 or NFPA 652
as applicable. A copy of test reports shall be provided to the fire code official upon
request.
321.3.5 Combustible (non-metallic) Dusts. Industrial additive manufacturing that uses
operations that store, use or produce combustible (non-metallic) dusts shall comply with
NFPA 654.
321.3.6 Combustible Metals. Industrial additive manufacturing operations that store or
use combustible metals shall also comply with NFPA 484.
321.3.7 Ancillary Equipment. Ancillary equipment provided for recycling, sieving,
vacuuming or handling combustible powders shall be designed and approved for such
use.
321.3.8 Hazardous Materials. Industrial additive manufacturing operations that store or
use hazardous materials exceeding the maximum allowable quantity limits shall comply
with Chapter 50.
ORDINANCE NO. 2019-10
321.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases shall comply
with Chapter 53. Ventilation or gas detection shall be provided in accordance with
Section 5307.
321.3.10 Technical Assistance. Where required by the fire code official, a report
evaluating the acceptability of technologies, processes, products, facilities, materials and
uses associated with the operation shall be provided in accordance with 104.7.2 and
approved.
321.3.11 Performance Based Design Alternative. Where approved by the fire code
official, buildings and facilities where industrial additive manufacturing is performed
shall be permitted to comply with the performance -based design options in Section
5001.3 as an alternative to compliance with the other requirements set forth in this
Section.
321.3.12 Occupancies. Industrial additive manufacturing shall only be conducted in the
occupancy groups associated with manufacturing operations. The occupancy may be
required by the fire code official to comply with Chapter 50 maxiinuin allowable quantity
tables. Where approved, the requirements in Sections 321.2.5 and 321.3.6 shall be
permitted to provide the technical basis for determining compliance with Table
5003.1.1(1), footnote q.
321.3.13 Safety Certification. The equipment, process, training procedures and
occupancy associated with industrial additive manufacturing may be required by the fire
code official to receive a safety certification from Underwriter's Laboratory or equivalent
Chapter 4 is adopted in its entirely as amended below.
SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS.
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 of Crowd Managers shall be jointly established by the Police and Fire
Departments based on an evaluation of the level of public safety needs for the specific
event or activity.
SECTION 405 EMERGENCY EVACUATION DRILLS IS ADOPTED
SECTION 406 EMPLOYEE TRAINING AND RESPONSE PROCEDURES IS
ADOPTED
ORDINANCE NO. 2019-10
Chapter S is adopted in its entirety as amended below.
SECTION 501.1 SCOPE.
501.1 Scope. Fire service features for buildings, structures and premises shall comply
with this chapter, appendix D.
SECTION 503.1 WHERE REQUIRED.
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.3 and as per Fire Department Access
Road Standards.
SECTION 503.1.2 ADDITIONAL ACCESS.
503.1.2 Additional Access. The Fire Chief 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 -family, two-family residential
units, or more than 100 multi -family residential units. The Fire Chief will
determine secondary access needs for dwellings in the Wildland Urban Interface
Fire Area. In no case will more than 10 dwellings exist without a secondary fire
access roadway 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.
SECTION 503.2.1 DIMENSIONS.
ORDINANCE NO. 2019-10
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) exclusive of shoulders, or as required by Appendix D, except
for approved security gates in accordance with Section 503.6, and an unobstructed
vertical clearance of 13 feet 6 inches (4115 nun). 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.
SECTION 503.2.5 DEAD ENDS.
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 consist of a bulb shaped cul-de-sac that
accommodates the fire apparatus turning radius. Parking of vehicles within the fire
apparatus turning radius shall not be permitted. Obstructions by fences or gates that may
interfere with the use of turn -around are not permitted. Fire 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
Chief.
SECTION 503.2.7 GRADE.
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.
SECTION 503.2.2 AUTHORITY.
ORDINANCE NO.2019-10
503.2.2 Authority. The Fire Chief shall have the authority to require or pen -nit
modifications to the required access widths and/or vertical clearance where they are
inadequate for fire or rescue operations or where necessary to meet the public safety
objectives of the jurisdiction.
SECTION 503.6 SECURITY GATES.
503.6 Security Gates. The installation of security gates across a fire apparatus access
road shall be approved by the Fire Chief. Where security gates are installed they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. When electronic gates are installed
across one or more of the fire access roadways they shall be provided with automatic
opening devices that can be activated by the fire department during a response to the
location. 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.
SECTION 503.7 AERIAL FIRE APPARATUS ACCESS ROADS.
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.
SECTION 504.5 ACCESS CONTROL DEVICES.
Section 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 within and throughout the building, are installed, such
devices shall be approved by the Fire Chief. All electrically powered access control
devices shall be provided with an approved means for deactivation or unlocking from a
single location or as otherwise approved by the Fire Chief.
ORDINANCE NO. 2019-10
Access Control devices shall also comply with Chapter 10 Egress.
SECTION 505.1 ILLUMINATION.
505.1 Illumination. New buildings shall have illuminated address numbers. Illumination
shall be provided throughout the entire period of darkness.
SECTION 505.3 COMPLEX PREMISE IDENTIIFICATION.
Section 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.
SECTION 507.5 FIRE HYDRANT SYSTEMS.
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.
SECTION 508.1.2 SEPARATION.
Section 508.1 Separation. The fire command center shall be separated from the
remainder of the building by not less than a 2-hour fire barrier constructed in accordance
with Section 707 of the International Building Code or horizontal assembly constructed
in accordance with Section 711 of the International Building Code, or both.
SECTION 604.12 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS.
604.12 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over -temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
Chapter 9 is adopted in its entirety as amended below.
SECTION 901.6.3. RECORDS.
ORDINANCE NO. 2019-10
Section 901.6.3 Records. Records of all system inspections, tests and maintenance
required by the referenced standard shall be maintained on the premises for a minimum
of five years. Inspections and tests performed on fire alarm systems shall be documented
on NFPA 72 fonns.
SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS - WHERE REQUIRED.
903.2 Automatic Sprinkler Systems. Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the locations described in this
Section or in Sections 903.2.1 through 903.2.12 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. An automatic sprinkler system shall be installed throughout all new buildings and
structures greater than 1,000 square feet.
Exception: Group S-2 or U occupancies used exclusively for vehicle parking or solar
arrays that do not exceed 5,000 square feet.
2. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F,
I, L, M, R, S and U buildings and structures, when additions are made that increase the
building area by more than 1,000 square feet or the where the resulting area exceeds
3,600 square feet.
3. Any change of occupancy or change in use of any building when that change in use
would place the building into a more hazardous division of the same occupancy group.
SECTION 903.1.1 NFPA 13 SPRINKLER SYSTEMS.
903.1.1 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
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.
SECTION 903.3.1.3 NFPA 13D SPRINKLER SYSTEMS.
ORDINANCE NO. 2019-10
903.3.1.3 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.
SECTION 907.1.6 FIRE ALARM CERTIFICATION.
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A Certificate of
Completion and other documentation as listed in NFPA 72 shall be provided for all new
fire alarm system installations. It is the responsibility of the building owner or owner's
representative to obtain and maintain a current and valid Certificate. The protected
premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).
SECTION 907.1.6.1 POSTING OF CERTIFICATE.
907.1.6.1 Posting of Certificate. The UL certificate required in section 907.1.6 shall be
posted in a durable transparent cover within 3 feet of the fire alarm control panel within
45 days of the final acceptance test/inspection.
SECTION 909.20.1 SMOKE CONTROL SYSTEMS.
Section 909.20.1 Schedule. A routine maintenance and operational testing program shall
be initiated immediately after the smoke control system has passed the acceptance tests.
A written schedule for routine maintenance and operational testing shall be established
and both shall occur at least annually.
Chapter 26 is adopted in its entirety without amendment
Chapter 33 is adopted in its entirety as amended below.
SECTION 3304 FIRE WALLS.
3304.9 Firewalls. 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).
SECTION 3311 MEANS OF EGRESS.
ORDINANCE NO.2019-10
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.).
SECTION 3311.1.1 REQUIRED MEANS OF EGREE.
3311.1.1 Required Means of Egress. All buildings under construction shall have at least
one unobstructed means of egress. All means of egress shall be identified in the pre -fire
plan. See Section 3308.2.
Chapter 49 is adopted in its entirety as ainended below.
SECTION 4902 DEFINITIONS.
Wildland-urban Interface Fire Area. A geographical area identified by the state as a
"Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Sections 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. See Article
86B for the applicable referenced sections of the Government Code and the Public
Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all areas
within the City/Town of (City of Gilroy) as set forth and delineated on the map entitled
"Wildland-Urban Interface Fire Area" which map and all notations, references, data and
other information shown thereon are hereby adopted and made a part of this chapter. The
map properly attested, shall be on file in the Office of the City/Town Clerk of the
City/Town of (City of Gilroy).
SECTION 4905.3 ESTABLISHED LIMITS.
4905.3 Established limits. 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
ORDINANCE NO. 2019-10
Section 4905.2.
SECTION 4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT.
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.
SECTION 4906.3.1 PROHIBITED PLANTS.
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 Prevention Office, Building Permit Office, and each Fire
Station. The list shall be updated from time to time by the Fire Chief.
SECTION 4907 DEFENSIBLE SPACE.
4907.1 General. Defensible space will be maintained around all buildings and structures
in Sate 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 and any
local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in
the locally adopted 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:
ORDINANCE NO.2019-10
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire
from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480
mm) when required by the fire code official due to steepness of terrain or other
conditions that would cause a defensible space of only 30 feet (9144 mm) to be
insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 min) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
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. Defensible space shall also be provided around water tank structures, water supply
pumps and pump houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas
tanks/containers.
8. Firewood and 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 storage of firewood and combustible material within the defensible
space shall be located a minimum of 30 feet (6096 min) from structures and separated
from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises
shall be stored as approved by the Fire Chief.
9. Clear areas within 10 feet (3048 nun) 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 min) from
buildings or structures and less than 18 inches (457 mm) in height above the ground
need not be removed where necessary to stabilize the soil and prevent erosion.
SECTION 4907.2 CORRECTIVE ACTIONS.
ORDINANCE NO.2019-10
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 conditions exist.
SECTION 4908 FIRE PROTECTION PLAN.
4908.1 General. When required by the Fire Chief, 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.
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.
SECTION 4910 IGNITION SOURCE CONTROL.
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).
SECTION 4910 IGNITION SOURCE CONROL.
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.
ORDINANCE NO. 2019-10
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-
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.
Chapter 50 is adopted in its entirety as amended below.
SECTION 5001 GENERAL
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose
a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
SECTION 5001.5.3 HAZARDOUS MATERIALS BUSINESS PLAN.
5001.5.3 Hazardous Materials Business Plan. Facilities that are required to submit
Hazardous Materials Business Plan (HMBP) are required by Health and Safety Code
(HSC), Chapter 6.95, section 25500 through 25545, and Title 19, Division 2, Chapter 4,
and facilities are required to maintain a hazardous materials -related permit in accordance
with section 105.6 of this code, shall electronically submit an HMBP every year on or by
the last day of the assigned month and no less frequently than that required by the HSC.
Exception: The following facilities hall electronically submit an HMBP at least once
every three years on or by the last day of the assigned month and no less frequently than
that required by the HSC.
1. Cell tower sites.
2. Facilitates with no other hazardous materials pen -nits other than a pen -nit for
carbon dioxide system used on beverage dispensing.
3. Dental offices with no otter hazardous materials permits other than a pen -nit
for a fixed medical gas system and/or small quantity waste generator pen -nit.
SECTION 5003.1.3.1 TOXIC, HIGHLY TOXIC, MODERATELY TOXIC AND
SIMILARLY USED OR HANDLED MATERIALS.
ORDINANCE NO. 2019-10
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or
Handled Materials. The storage, use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 5003.1.1(2) or 5003.1.1(4) 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.
SECTION 5003.1.5 OTHER HEALTH HAZARDS.
5003.1.5 Other Health Hazards. The storage, use and handling of materials classified as
other health hazards including carcinogens, irritants and sensitizers in amounts exceeding
810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in
accordance with Section 5003 and Section 5001.
SECTION 5003.1.6 ADDITIONAL SPILL CONTROL AND SECONDARY
CONTAINMENT REQUIREMENTS.
5003.1.6 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 enviromnent. 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.
SECTION 5003.2.2.1 DESIGN AND CONSTRUCTION.
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:
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.
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:
ORDINANCE NO. 2019-10
3.1.1. The point of use.
3.1.2. 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 or 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 contaimnent or equivalent protection from spills or leaks 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.
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
ORDINANCE NO. 2019-10
for piping and instrumentation and to accommodate the expansion of regulated
materials.
SECTION 5003.2.2.2 ADDITIONAL REGULATION FOR SUPPLY PIPING FOR
HEALTH HAZARD MATERIALS.
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4
shall be in accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the
material is a gas, or an approved method of drainage or containment is
provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire -resistance -rated construction or
in concealed spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of
corridors and the floor or roof above or in concealed space above other
occupancies when installed in accordance with Section 415.8.6.3 of the
California Building Code as required for Group H, Division 5 Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall
pass a helium leak test of lx10-9 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.
SECTION 5003.3.1 UNATHORIZED DISCHARGES.
5003.3.3.1 Unauthorized discharges. In the event 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 enviromnent, 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.
SECTION 5003.5.2 VENTILLATION DUCTING.
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
ORDINANCE NO. 2019-10
SECTION 5003.5.3 "H" OCCUPANCIES.
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.
SECTION 5003.9.11 FIRE EXTINGUISHING SYSTEMS FOR WORKSTATIONS
DISPENSING, HANDLING OR USING HAZARDOUS MATERIALS.
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.
Exception: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF/ANSI certification where quantities of flammable liquids in use or storage
within the cabinet do not exceed 500ml.
SECTION 5003.10.4 ELEVATORS USED TO TRANSPORT HAZARDOUS
MATERIALS.
5003.10.4.3 Highly toxic, toxic, moderately toxic gases, asphyxiate gases, and corrosive
gases shall be limited to a container of a maximum water capacity of 1 lb.
SECTION 5004.2.1 STORAGE.
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest single
vessel by one of the following methods:
1. Liquid -tight sloped or recessed floors in indoor locations or similar areas in
outdoor locations.
2. Liquid -tight floors in indoor and outdoor locations or similar areas provided with
liquid -tight raised or recessed sills or dikes.
3. Sumps and collection systems, including contaimnent pallets in accordance with
Section 5004.2.3.
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.
ORDINANCE NO. 2019-10
SECTION 5004.2.2. INCOMPATIBLE MATERIALS
5004.2.2. Incompatible Materials. Incompatible shall be separated from each other in
independent secondary containment systems.
SECTION 5004.2.3 CONTAINMENT PALLETS.
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.
Chapter 56 is adopted in its entirety as anzended below.
SECTION 5601.1.3 FIREWORKS.
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608 and
the sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A.
Chapter 57 is adopted in its entirety as amended below.
SECTION 5704 STORAGE.
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
ORDINANCE NO. 2019-10
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel -burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or
less need only comply with Section 5704.2.9.7.5.1 (1.1)
SECTION 5704.2.7.5.9 AUTOMATIC FILLING OF TANKS.
5704.2.7.9 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.
SECTION 5707.3.3 SITE 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 and 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 kept on the site property; and the
scale of the site plan.
Chapter 58 is adopted in its entirety as ainended below.
SECTION 5809.3.4 SITE PLAN.
5809.3.4 Site Plan. For other than emergency roadside service, a site plan shall be
developed for each location at which mobile gaseous hydrogen 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 and function, and the scale of the site plan.
Chapter 60 is adopted in its entirety as amended below.
SECTION 6001.1 GENERAL.
6001.1 Scope. The storage and use of highly toxic, toxic and moderately Toxic
materials shall comply with this chapter. Compressed gases shall also comply with
Chapter 53.
Exception:
ORDINANCE NO.2019-10
1. Display and storage in Group M and storage in Group S occupancies complying
with Section 5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or
similar applications when applied in accordance with the
manufacturer's instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal
Hazardous Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the
U.S. Environ- mental Protection Agency to be utilized in and around
the home, garden, pool, spa and patio.
SECTION 6004.1 GENERAL.
6004.1 General. The storage and use of highly toxic, toxic, and moderately
toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The
indoor storage and use of highly toxic, toxic, and moderately toxic
compressed gases in certain occupancies shall be subject to the limitations
contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and
highly toxic compressed gases shall not be stored or used within Group A,
E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m 3 ) at normal
temperature and pressure (NTP) are allowed within gas cabinets or fume
hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic
compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and
highly toxic compressed 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 m 3 ) at NTP are allowed in gas cabinets or fume
hoods.
SECTION 6004.2 INDOOR STORAGE AND USE.
ORDINANCE NO. 2019-10
6004.2 Indoor Storage and Use. The indoor storage and use of highly toxic, toxic,
and moderately toxic compressed gases shall be in accordance with Sections
6004.2.1 through 6004.2.4.
SECTION 6004.2.1 APPLICABILITY.
6004.2.1 Applicability. The applicability of regulations governing the indoor storage
and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set
forth in Sections 6004.2.1.1 through 6004.2.1.4.
SECTION 6004.2.1.4 QUANTITIES EXCEEDING THE MINIMUM
THRESHOLD QUANTITIES BUT NOT EXCEEDING THE MAXIMUM
ALOWABLE QUANTITIES PER CONTROL AREAS.
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not
exceeding the maximum allowable quantities per control area. The indoor
storage or use of highly toxic, toxic, and moderately toxic gases in amounts
exceeding the minimum threshold quantities per control area set forth in Table
6004.2.1.4 but not exceeding maximum allowable quantity per control area set
forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003,
6001, 6004.1, and 6004.4
ADD TABLE 6004.2.1.4 MINIMUM THRESHOLD QUANTITIES FOR HIGHLY
TOXIC, TOXIC AND MODERATELY TOXIC GASES FOR INDOOR STORAGE
AND USE.
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic
Gases for Indoor Storage and Use
Highly Toxic
20 cubic feet
Toxic
405 cubic feet
Moderately Toxic
405 cubic feet
SECTION 6004.4 GENERAL INDOOR REQUIREMENTS.
6004.4 General Indoor Requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be in accordance with Sections 6004.4 through 6004.4.8.2
SECTION 6004.4.1 CYLINDER AND TANK LOCATION.
ORDINANCE NO. 2019-10
6004.4.1 Cylinder and Tank Location. Cylinders shall be located within gas
cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be
located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
SECTION 6004.4.2 VENTILATED AREAS.
6004.4.2. Ventilated Areas. The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
SECTION 6004.4.3 PIPING AND CONTROLS.
6004.4.3. Piping and Controls. In addition to the requirements of Section 5003.2.2,
piping and controls on stationary tanks, portable tanks, and cylinders shall comply with
the following requirements:
Stationary tanks, portable tanks, and cylinders in use shall be provided with a means
of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
SECTION 6004.4.4 GAS ROOMS.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
SECTION 6004.4.5 TREATMENT SYSTEMS.
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 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 Chapter 5 of the California Mechanical
Code.
Exceptions:
ORDINANCE NO. 2019-10
Highly toxic, toxic, and moderately toxic gas storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs 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.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary
tanks, portable tanks, or cylinders where a gas detection system complying with
Section 6004.4.8 and listed or approved automatic -closing fail- safe valves are
provided. The gas detection system shall have a sensing interval not exceeding 5
minutes. Automatic -closing fail- safe valves shall be located immediately adjacent to
cylinder valves and shall close when gas is detected at the permissible exposure limit
(PEL) by a gas sensor monitoring the exhaust system at the point of discharge from
the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
SECTION 6004.4.5.1 DESIGN.
6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning or otherwise processing the contents of the largest
single vessel of compressed gas. Where a total containment system is used, the system
shall be designed to handle the maximum anticipated pressure of release to the system
when it reaches equilibrium.
SECTION 6004.4.5.2 PERFORMANCE.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to
life and health (IDLH) at the point of discharge to the atmosphere. Where more than one
gas is emitted to the treatment system, the treatment system shall be designed to handle
the worst -case release based on the release rate, the quantity and the IDLH for all
compressed gases stored or used.
SECTION 6004.4.5.3 SIZING.
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst -case
release of gas based on the maximum flow rate of release from the largest vessel utilized.
The entire contents of the largest compressed gas vessel shall be considered.
ORDINANCE NO. 2019-10
SECTION 6004.4.5.4 STATIONARY TANKS.
6004.4.5.4 Stationary Tanks. Stationary tanks shall be labeled with the maximum rate
of release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall
be utilized for computation purposes. Flow rates indicated on the label shall be converted
to cubic feet per minute (cfin/min) (m3/s) of gas at normal temperature and pressure
(NTP).
SECTION 6004.4.5.5 PORTABLE TANKS AND CYLINDERS.
6004.4.5.5 Portable Tanks and Cylinders. The maximum flow rate of release for
portable tanks and cylinders shall be calculated based on the total release from the
cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or
cylinders are equipped with approved excess flow or reduced flow valves, the worst -case
release shall be determined by the maximum achievable flow from the valve as
determined by the valve manufacturer or compressed gas supplier. Reduced flow and
excess flow valves shall be permanently marked by the valve manufacturer to indicate the
maximum design flow rate. Such markings shall indicate the flow rate for air under
normal temperature and pressure.
SECTION 6004.4.6 EMERGENCY POWER.
6004.4.6. Emergency Power. Emergency power shall be provided for the following
systems in accordance with Section 604:
1. Exhaust ventilation system
2. Treatment system
3. Gas detection system
4. Smoke detection system
SECTION 6004.4.6.1 FAIL-SAFE SYSTEMS.
6004.4.6.1. Fail -Safe Systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed
and designed to stop gas flow.
SECTION 6004.4.7 AUTOMATIC FIRE DETECTION SYSTEMS.
6004.4.7. Automatic Fire Detection System. An approved automatic fire detection
system shall be installed in rooms or areas where highly toxic, toxic, and moderately
toxic compressed gases are stored or used. Activation of the detection system shall sound
a local alann. The fire detection system shall comply with Section 907.
SECTION 6004.4.8 GAS DETECTION SYSTEMS.
ORDINANCE NO.2019-10
6004.4.8. Gas Detection System. A gas detection system complying with Section 916
shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the
gas for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted PEL
for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non -continuously welded connects are
within a gas cabinet or exhausted enclosures.
SECTION 6004.4.8.1 ALARMS.
6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
SECTION 6004.4.8.2 SHUT OFF OF GAS SUPPLY.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close
the shut off valve at the source on gas supply piping and tubing related to the system
being monitored for whichever gas is detected.
Exceptions: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
Chapter 61 is adopted in its entirety without any amendments.
Chapter 64 is adopted in its entirety as amended below.
SECTION 6405.3.1 SILANE DISTRIBUTION SYSTEMS AUTOMATIC
SHUTDOWN.
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 alann level and/or failure of the ventilation system for the
silane distribution system.
Appendix D Fire Apparatus Access Roads is adopted in its entirety.
Appendix O temporary haunted houses, ghost walks and similar amusement uses is adopted in
its entirety
ORDINANCE NO.2019-10
SECTION IV
Pursuant to California Health and Safety Code Sections 17958.7 and t 8941.5, the City Council
of the City of Gilroy finds that each of the modifications, additions and changes to the
aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably
necessary because of local climatic, geological or topographical conditions, or to impose proper
more stringent standards for fire and panic safety. A copy of these findings, together with the
modification or changes shall be filed by the City Clerk with the California Building Standards
Commission. Specifically, the City Council finds:
(1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately
90% of the precipitation falls during the months of November through April, and 10%
from May through October. Relative humidity drops to 20 or lower during the dry
months (summer). Temperatures have been recorded as high as 115 degrees Fahrenheit.
This area has been subject to drought. It is anticipated that drought conditions will
continue to occur in the future. Such conditions allow natural vegetation and outdoor
combustible materials to be in a dry state for a large portion of the year, making them
more susceptible to ignition and rapid burning. These conditions combined create high
fire danger during the summer and fall months.
(2) Geological Findings. The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California Division of Mines and
Geology. Recent earthquake activities have indicated the lack of adequate design and
detailing as a contributing factor to damages that reduced the protection of the life -safety
of building occupants. This is especially critical in the facilities housing hazardous
materials or occupancies requiring safe and quick evacuation in order to get to a safe
location. Early warning of fire, early fire suppression and control of spread are
important.
(3) Topographical Findings. A major rail corridor through the central portion of town
divides the City. There are no overpasses available within the City boundaries. This can
impair response and can serve to isolate the City's Fire Response capability. A major
highway also divides the City. There are portions of the City where there is only one
overpass to access a substantial geographical area. There are no alternate routes within
City boundaries; and
The highway is also part of a major truck transportation route. If an accident, or
earthquake makes the overpass un-crossable this will isolate the area and impact response
times; and the City has a substantial industrial area within a flood plain. Flooding in the
area would isolate the area from the City's Fire Response capability; and
ORDINANCE NO. 2019-10
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 innnediate 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,
storing hazardous materials require additional controls to ensure that such hazards can be
controlled; and
(5) Fire and Panic Safety 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
ORDINANCE NO. 2019-10
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.
The Codes and amendments to the Codes adopted hereunder shall take effect on January 1, 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this
181h day of November, 2019, by the following vote:
0
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-
MUNOZ, MARQUES, TUCKER and VELASCO
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Freels, City Clerk
NONE
Roland Velasco, Mayor
ORDINANCE NO. 2019-10
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2019-10 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a special meeting of said Council
held on the 18t" day of November, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 20th day of November, 2019.
was Freels, C
City Clerk of the City of Gilroy
(Seal)