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HomeMy WebLinkAboutOrd 0808ORDINANCE NO. 08 AN ORDINANCE ADOPTING BY REFERENCE NATIONAL BOARD OF FIRE UNDERWRITERS BULLETIN NO. 266 AND ADDING ARTICLE 26B TO THE 1941 BURLINGAME ORDINANCE CODE ESTABLISHING RECOMMENDATIONS, GUIDES AND STANDARDS FOR ON-SITE FIRE PROTEC- TION FACILITIES AND ADEQUATE 'WATER FLOW FOR The City Council of the City of Burlingame does ordain as follows: SECTION 1. Article 26B is hereby added to the 1941 Ordinancel Code of the City of Burlingame and shall read and provide as follows: "ARTICLE 26B ADOPTING NATIONAL BOARD OF FIRE UNDERWRITERS BULLETIN NO. 266 Section 1431.10. ADOPTION OF NATIONAL BOARD OF FIRE UNDER- WRITERS BULLETIN NO. 266 The recommendations, guides and standards for fire pro- tection facilities and adequate water flow published May 4, 1948, I by the Committee on Fire Prevention and Engineering Standards, under the title "National Board of Fire Underwriters Bulletin No. 26611, as the same may be amended from time to time, hereinafter I called "national standards', are adopted as and for the recommen- dations, guides and standards for fire protection facilities and adequate water flow within this city as to all matters therein contained except as herein otherwise provided. Three copies of the national standards shall, at all times, be kept on file in the office of the city clerk. Section 1431.11. INTENT AND PURPOSE. i This article is adopted for the following purposes: (1) To protect public health, safety and welfare l from the dangers of fire because of the lack of fire protec- tion facilities and of adequate water flow for fire protec- tion available to buildings located at a distance from public] streets, alleys and rights-of-way. - 1 - (2) To establish uniform standards for the construc- tion and placement of fire protection facilities and the delivery of adequate water flow for fire protection upon private property. (3) To provide for the installation, maintenance and supervision of fire protection facilities and adequate water flow for fire protection upon private property. Section 1431.12. DEFINITIONS, In the construction of this article, the definitions con- tained in this section shall be observed and applied, except when the context clearly indicates otherwise: (1) Land shall mean any lot, parcel, zoning plot, acreage or building site, or any other land or portion thereof, whether im- proved or unimproved. (2) To develop land shall mean to make any improvements or do any work upon such land as would require the issuance of a building permit under Article 55. (3) On-site fire protection facilities shall include such facilities whether installed before or after the effective date of this article. (4) Owner shall mean one or more purchasers under a contract for purchase of, or who holds record title to, the freehold interest in a lot or parcel to real property. In the case of more than one owner, each owner shall be held responsible for the performance of any act required by this article. I Section 1431.13. ON-SITE FIRE PROTECTION FACILITIES AND ADEQUATE WATER FLOW FOR FIRE PROTECTION REQUIRED. When any land is to be developed in such a manner that any part of a proposed building or structure to be located thereon will be in excess of 300 feet from a fire hydrant located, or to be located prior to the completion of the building or structure, in a public street, alley, or place, the owner shall provide, at - 2 - his expense, in the public street, alley, or place, or on-site, such fire protection facilities and adequate water flow for fire protection as the fire chief shall deem necessary, according to national standards. All facilities required to be installed shah be approved by and meet the specifications of the fire chief as to location, size and type of materials and manner of installation I All installations made in a public street, alley, or place shall be subject to the inspection of, and approval by, the City Engineer and subject to the conditions of an encroachment permit issued therefore. Section 1431.14. PLANS TO BE REVIEWED BY FIRE CHIEF. Every application for a building permit and its accom- panying plans filed pursuant to Article 55 hereof, shall be re- ferred to the fire chief for review and comment, if: (1) The proposed development will consist of one or more buildings located upon a single zoning plot, or addi- tions thereto, the total floor area of which, including that of any existing building located upon the same zoning plot, will exceed 25,000 square feet; or (2) The proposed development will consist of one or more buildings, or additions thereto, any one of which ex- ceeds either 2 stories or 30 feet in height, whichever is lesser; or (3) The proposed development will consist of one or more buildings, or additions thereto, wherein any part of any building or structure will be in excess of 300 feet from a fire hydrant located or to be located in a public street, alley or place prior to the completion of the building or buildings. Section 1431.15. REVIEW BY FIRE CHIEF. When any plans are submitted under Section 1431.14 hereof, the fire chief shall review the same and determine whethek or not the fire protection facilities and water flow for fire - 3 - protection existing or to be provided are adequate according to national standards. If the fire chief shall have determined that the facilities and water flow for fire protection existing or to be provided are adequate, he shall endorse the plans with his approval and return the same to the building official. If the fire chief shall have determined that the facilities existing or to be provided are not adequate, he shall: (1) Disapprove the plans and indicate in writing to the building official wherein they are deficient (in which event the building official shall require from the owner revised plans to cure the deficiency, and the revised plans shall be submitted to the fire chief); or (2) Conditionally approve the plans (in which event said conditions shall be made a part of said plans.) If the fire chief shall fail for a period of 10 days (excluding Saturdays, Sundays and holidays) from the date of submission to him by the building official, to take any action with respect to any plans, the plans shall be deemed approved and the building official may issue a permit. Section 1431.16. ACCESS FOR FIRE FIGHTING EQUIPMENT. Whenever any fire protection facilities, hydrants, or other appurtenances for use by the fire department are required ti be installed pursuant to this article, there shall be included in the development plans and delineated thereon, adequate provision for access by fire department personnel and equipment to and from all such fire protection facilities, including, but not limited t hydrants and appurtenances. Such access shall be approved by the fire chief and the owner shall be required to dedicate to City an easement sufficient foraccess by the fire department to such fire protection facilities. All such access easements shall be main- tained by the owner in such a manner as to provide - 4 - clear and unobstructed ingress and egress by department personnel and equipment at all times. Section 1431.17. FINAL INSPECTION, OCCUPANCY PERMIT. No final inspection by the building official as to all or any portion of the development shall be deemed completed and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the pre- scribed fire protection facilities and access ways have been com- pleted and approved by the fire chief. Section 1431.18. MAINTENANCE OF FIRE PROTECTION FACILITIES. All on-site fire protection facilities shall be, at all times, maintained as installed, free of leaks and in good working 1 order by the owner of the land. The fire chief is hereby em- powered, at his discretion, to enter upon the land and conduct periodic tests and inspections of said facilities. If the fire i chief determines that any on-site fire protection facilities are being maintained in such manner as not to meet national standards,] he shall order the owner to make such repairs, alterations, or additions as shall conform the facilities to national standards. I The fire chief shall designate a reasonable time within which such repairs, alterations, or additions are to be made and it I shall be unlawful for any person so ordered wilfully to fail or refuse to comply with such order. A copy of the order of the fire chief shall be served upon each tenant. Without limiting the foregoing, the wilful failure or refusal to comply with such an order shall constitute an occupancy violation within the meaning of the applicable provisions of the building code. Section 1431.19. ALTERATION OR MODIFICATION OF ON-SITE FIRE PROTECTION FACILITIES. On-site fire protection facilities may be altered or repaired with the written consent of the fire chief subject to the provisions of Section 1431.13. - 5 - Section 1431:20. ACCESS TO ON-SITE FIRE PROTECTION TO BE KEPT OPEN. The access easements provided for in Section 143 shall be subject to the following provisions: (1) Section 1431.12 hereof shall be applicab_ all on-site hydrants. , (2) Where curbs exist, the owner of the land shall paint them red for a distance of 15 feet in either direction from the hydrant. Where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both, by the owner, giving notice that parking is prohibited for a distance of 15 feet from such hydrant. When such areas are so marked or signed, no person shall park or leave standing a vehicle within 15 feet of any such hydrant. (3) If, in the judgment of the fire chief, it is necessary to prohibit vehicular parking along private roads in order to keep them clear and unobstructed, he may require the owner of the land to paint the curbs red or install sign or give other appropriate notice to the effect that parking is prohibited. It shall thereafter be unlawful for such person or persons so ordered to fail to install and maintain in good condition the form of notice so prescribed. When such areas are marked or signed as provided herein, no per- sons shall park or leave standing a vehicle in violation of such marking or sign. SECTION 2. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordi- nance and each section, subsection, sentence, clause, phrase, or j portion thereof, irrespective of the fact that any one or more j - 6 - sections, subsections, clauses, phrases, or portions may be de- clared invalid or unconstitutional. SECTION 3. This ordinance shall be published once as re- quired by law, !' I, Herbert K. White, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance is a full, true, and correct copy of Ordinance No. _`0p , which was introduced on July 6 1964; that thereafter a public hearing on said ordinance was scheduled for aLg: 3 1964, at 8:00 o'clock P. M. in the Council Chambers of the City Hall, 267 Park Road, Burlingame; that the notice of said hearing was published twice in the ADVANCE -STAR, a newspaper of general circulation published in the City of Burlingame, once on July to , 1964, and once on July 17 , 1964, the first publication being at least fifteen (15) days preceding the hearing; that said notice stated the time and place of the hearing; that not less than three (3) copies of the National Board of Fire Underwriters Bulletin No. 266, all certified to be true copies by the City Clerk, were on file in the office of the City Clerk and open to public inspection at least fifteen (15) days preceding the hear- ing; that said notice contained a description of the purpose and i subject matter of the National Board of Fire Underwriters Bulletin) No. 266; that said hearing was duly held at the time and place stated in the notice, and that at the meeting of the City Council held on Aug. 3 , 1964, said ordinance was duly adopted by the following vote of the members thereof. Ayes:Crosby-Diederichsen-George-Johnson-Piartin Noes: None Absent Councilmen: None City Clerk - 7 - NOTICE OF HEARING ON PROPOSED ORDINANCE NO. 808 ADDING ARTICLE 26B TO THE 1941 ORDINANCE CODE OF THE CITY OF BURLINGAME AND ADOPTING BY REFERENCE NATIONAL BOARD OF FIRE UNDERWRITERS BULLETIN N0. 266 NOTICE IS HEREBY GIVEN that on Monday, the 3•rd day of August , 1964, at the hour of 8 o'clock P. M., in the Council Chambers of the City Hall, 267 Park Road, Burlingame, California, a hearing will be held on the proposed ordinance referred to in the title to this Notice, providing that the rules, regulations, standards and provisions printed and published by the National Board of Fire Underwriters under the title 11Bulletin No. 266" be adopted as and for rules, regulations, standards and provisions within the City of Burlingame, County of San Mateo, State of California, as to all matters therein contained except as other- wise provided in said ordinance and that said Bulletin, as so modified, shall become a part of the Ordinance Code of the City of Burlingame. Said Bulletin No. 266 of the National Board of Fire Under- writers provides rules, regulations and standards and water works requirements for fire protection and fire flow requirements for residential areas, industrial plants and industrial and other individual high value buildings. Three copies of said Bulletin No. 266 of the National Board of Fire Underwriters are on file in the office of the City Clerk of the City of Burlingame and are open to public inspection. Dated: July 7 , 1964. Herbert K. White, City Clerk of the City of Burlingame.