HomeMy WebLinkAbout1905 ORDINANCE NO. 1905
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING AND RESTATING ARTICLE VI
OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL
CODE, ADOPTING BY REFERENCE, TOGETHER WITH
CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS,
THE 2016 CALIFORNIA FIRE CODE, INCLUDING
APPENDIX CHAPTER 4 AND APPENDICES B, F, I, N, P
AND Q, AND ADOPTING BY REFERENCE THE 2015
INTERNATIONAL FIRE CODE.
CITY ATTORNEY SUMMARY
This Ordinance adopts and amends the 2016 California Fire Code,
California Code of Regulations, Title 24, Part 9, adopted by the State of
California and effective on January 1, 2017, including Appendix Chapter
and Appendices B, F, I, and N; In addition, this Ordinance adds
Appendices P (Palm Springs Fire Department Five Minute Response Time
Map), and Q (Palm Springs Fire Hazard Severity Zone Map) to the Fire
Code; Furthermore, this Ordinance adopts the 2015 International Fire
Code, to the extent that such code is not inconsistent with the 2016
California Fire Code as amended herein.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Article VI of Chapter 8.04 of the Palm Springs Municipal Code is
hereby amended and restated to read as follows:
ARTICLE VI
FIRE CODE
Section:
8.04.500 California Fire Code—Adopted.
8.04.510 California Fire Code—Additions, Amendments and Deletions.
SECTION 2. Section 8.04.500 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.500 California Fire Code—Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2016 California Fire Code, California Code of
Regulations Title 24, Part 9, including Appendix Chapter 4, Appendices B, F, I, N, P,
and Q thereto, except as hereinafter modified, are hereby adopted by reference as the
Ordinance No. 1905
Page 2
Fire Code of the City of Palm Springs pursuant to Government Code Section 50022.1
et seq.
SECTION 3. Section 8.04.510 of the Palm Springs Municipal Code is hereby
amended and restated to read as follows:
8.04.510 California Fire Code—Additions, Amendments and Deletions.
The California Fire Code adopted herein by reference is hereby modified by the
following additions, amendments and deletions:
1) Amend Chapter 1, Division II Administration, subsection 101.1, Title, to read as
follows:
101.1 Title. These regulations shall be known as the Fire Code of Palm Springs,
hereinafter referred to as "this code".
2) Amend subsection 101.4, Severability, to read as follows:
101.4 Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity or constitutionality
of the remaining portions of this ordinance, it being expressly declared that this
ordinance and each section, subsection, paragraph, sentence, clause and
phrase thereof would have been adopted, irrespective of the fact that one or
more other section, subsection, paragraph, sentence, clause or phrase be
declared invalid or unconstitutional.
3) Amend subsection 103.4. Liability, to read as follows:
103.4 Liability. Any liability against the Palm Springs Fire Department or any
officer or employee shall be as provided for in California Government Code and
case law. Fire suppression, investigation and rescue or emergency medical costs
are recoverable in accordance with California Health and Safety Code Sections
13009 and 13009.1.
4) Amend subsection 109.4, Violation penalties, to read as follows:
109.4 Violation penalties. The provisions of Title 1 of the Palm Springs
Municipal Code shall be applicable to and govern the enforcement of this Title.
Each day that a violation continues after due notice has been served shall be
deemed a separate offense. The imposition of one (1) penalty for one (1)
violation shall not excuse the violation, or permit it to continue. All such persons
shall be required to correct or remedy such violations or defects within a
reasonable time. The application of the above penalty shall not be held to
prevent the enforced removal or correction of prohibited conditions.
Ordinance No. 1905
Page 3
5) Amend subsection 111.4, Failure to comply, to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be in violation of this
code.
6) Amend Section 202, General Definitions, by adding the following definition:
FIVE MINUTE FIRE DEPARTMENT RESPONSE TIME: The Five-Minute Fire
Department Response Time is defined as the time the fire station or response
personnel receive notification of a call for emergency service, allowing one-
minute for "firefighter turnout' and four-minutes for travel on paved streets. The
Palm Springs Fire Department Five-Minute Response Time Map is identified in
Appendix P.
7) Add new section 320, Parade floats, to read as follows:
SECTION 320 - PARADE FLOATS
320.1 Decorative materials. Decorative materials on parade floats shall be non-
combustible or flame retardant.
320.1.1 Combustible Clearance. A 12" minimum clearance of decorative
materials shall be maintained around vehicle and/or generator exhaust
pipe(s).
320.2 Fire Protection. Motorized parade floats and towing apparatus shall be
provided with a minimum 2A 106:C rated portable fire extinguisher readily
accessible to the operator.
320.3 Portable Generators. Portable generators shall be secured from tipping
and subject to approval by the fire code official.
8) Add new subsection 503.1.1.1, Gates, to read as follows:
503.1.1.1 Gates. When fences are installed that cause the distance from an
approved fire department access road to exceed the maximum distance allowed
in Section 503 herein, a gate shall be provided in the fence to maintain the
required fire department access. The gate shall be a minimum four (4) feet in
width and be equipped with a key box and/or lock accessible from both sides in
accordance with Section 506 herein.
Ordinance No. 1905
Page 4
9) Amend subsection 503.2.3, Surface, to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained
to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be
surfaced so as to provide all-weather driving capabilities.
10) Amend subsection 503.2.4, Turning radius, to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access
road shall be determined by the fire code official. Fire access road turns and
corners shall be designed with a minimum inner radius of 25 feet and an outer
radius of 43 feet.
11) Amend subsection 503.2.5, Dead ends, to read as follows:
503.2.5 Dead ends. Dead-end fire apparatus roads in excess of 150 feet in
length shall be provided with an approved area for turning around fire apparatus.
The City of Palm Springs has two approved turn around provisions. One is a cul-
de-sac with an outside turning radius of 43 feet from centerline. The other is a
hammerhead turnaround meeting the Palm Springs Public Works and
Engineering Department standard dated 8-3-16.
12) Add new subsection 503.2.9, Aerial fire access roads, to read as follows:
503.2.9 Aerial fire access roads. Buildings or portions of buildings or facilities
exceeding 30 feet in height above the lowest level of fire department vehicle
access shall be provided with approved fire apparatus access roads capable of
accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway.
13) Add new subsection 503.2.10, Width, to read as follows:
503.2.10 Width. Fire apparatus access roads shall have a minimum
unobstructed width of 26 feet in the immediate vicinity of any building or portion
of building more than 30 feet in height.
14) Add new subsection 503.2.11, Proximity to building, to read as follows:
503.2.11 Proximity to building. At least one of the required access routes for
buildings or facility exceeding 30 feet in height above the lowest level of fire
department vehicle access shall be located within a minimum of 15 feet and a
maximum of 30 feet from the building and shall be positioned parallel to one
entire side of the building.
Ordinance No. 1905
Page 5
15) Amend subsection 503.6, Security gates, to read as follows:
503.6 Security gates. Secured automated vehicle gates or entries shall utilize
a combination of a Tomar Strobeswitch TM, or approved equal, and an approved
Knox key electric switch when required by the fire code official. Secured non-
automated vehicle gates or entries shall utilize an approved padlock or chain
(maximum link or lock shackle size of '/ inch) when required by the fire code
official.
Gate arms securing parking lots and parking structures shall be equipped with a
fire department approved dual-keyed Knox key electric switch. When activated,
the arm or arms shall open to allow fire and law enforcement access.
Approved security gates shall be a minimum of 14 feet in unobstructed drive
width on each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without the
use of special knowledge or any equipment. If a two-gate system is used, the
override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting, a
fire department approved Knox electrical override switch shall be placed on each
side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative is
required before electronically controlled gates may become operative. Prior to
final inspection, electronic gates shall remain in a locked-open position.
16) Add new subsection 506.3, Height, to read as follows:
506.3 Height. The nominal height of Knox lock box installations shall be 5 feet
above grade.
17) Add new subsection 901.6.1.1, Approval required, to read as follows:
901.6.1.1, Approval required. Prior to the removal of any fire protection system,
approval shall be obtained from the fire code official.
18) Amend subsection 903.2, where required, to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings
and structures shall be provided in locations described in Sections 903.2.1
through 903.2.21 as amended by this code. For purposes of this code subsection
regarding building size, fire resistive construction shall not be considered for
purposes of reducing the gross fire area of that building.
Ordinance No. 1905
Page 6
Exceptions: (1) Group U Occupancies of non-combustible construction;
and (2) Group S-2 carports — 100% open on all sides of non-combustible
construction.
An approved automatic fire sprinkler system shall be installed in any building,
regardless of gross fire area, which is built beyond a five-minute fire department
emergency response time as defined in Section 202.
Exceptions: (1) Group U Occupancies of non-combustible construction;
and (2) Group S-2 carports — 100% open on all sides of non-combustible
construction.
An approved automatic fire sprinkler system shall be installed in every Group A
Occupancy per 903.2.1 including those that result from a change of use in an
existing building or portion thereof.
Exception: Group A-2 occupancies.
19) Delete subsection 903.2.1.1 Group A-1
20) Amend subsection 903.2.1 .2, Group A-2, to read as follows:
903.2.1.2, Group A-2. An automatic sprinkler system shall be provided for
Group A-2 occupancies where one of the following conditions exist:
1. The fully enclosed area exceeds 3,000 square feet. For the purposes of
this section, the term "fully enclosed area" means an area enclosed by fire
walls, fire barriers, or walls extending from floor to ceiling but does not
include patio areas included solely within the horizontal projection of the
roof or floor next above.
2. The fire area exceeds 5,000 square feet.
3. The fire area has an occupant load of 100 or more.
4. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
5. The structure exceeds 5,000 square feet, contains more than one fire area
containing a Group A-2 occupancy, and is separated into two or more
buildings by fire walls of less than four hour resistance rating without
openings.
21) Delete subsection 903.2.1.3 Group A-3
22) Delete subsection 903.2.1.4 Group A-4
Ordinance No. 1905
Page 7
23) Delete subsection 903.2.1.5 Group A-5
24) Amend item 1 of subsection 903.2.3, Group E, to read as follows:
1. Throughout all Group E fire areas greater than 3,000 square feet in area.
25) Amend the exception to item 2 of subsection 903.2.3 Group E, to read as follows:
Exception: An automatic sprinkler system is not required in any fire area
or area below the level of exit discharge where every classroom
throughout the building has at least one exterior exit door at ground level
and the fire area does not exceed 3,000 square feet.
26) Amend items 1 and 3 of subsection 903.2.4, Group F-1, to read as follows:
1. Where a Group F-1 fire area exceeds 3,000 square feet.
3. Where the combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 3,000 square feet.
27) Amend items 1, 3, 4 and 5 of subsection 903.2.7, Group M, to read as follows:
1. Where a Group M fire area exceeds 3,000 square feet.
3. Where the combined area of all Group M fire areas on all floors, including
any mezzanines, exceeds 3,000 square feet.
4. A Group M occupancy used for the display and sale of upholstered
furniture and mattresses exceeds 3,000 square feet.
5. The structure exceeds 3,000 square feet, contains more than one fire area
containing a group M occupancy and is separated into two or more
buildings by fire walls of less than 4-hour fire-resistance rating.
28) Amend items 1, 3 and 4 of subsection 903.2.9, Group S-1, to read as follows:
1. A Group S-1 fire area exceeds 3,000 square feet.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 3,000 square feet.
4. A Group S-1 fire area used for the storage of commercial trucks or buses
where the fire area exceeds 3,000 square feet.
29) Amend items 1, 2 and 4 of subsection 903.2.9.1, Repair garages, to read as
follows:
Ordinance No. 1905
Page 8
1. Buildings two or more stories in height, including basements, with a fire
area containing a repair garage exceeding 3,000 square feet.
2. One-story buildings with a fire area containing a repair garage exceeding
3,000 square feet.
4. A Group S-1 fire area used for the repair of commercial trucks or buses
where the fire area exceeds 3,000 square feet.
30) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as
follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system
shall be provided throughout all buildings containing a Group S-2 occupancy, as
classified in accordance with section 406.6 of the California Building Code, where
one of the following conditions exists:
1. A Group S-2 fire area exceeds 3,000 square feet; or
Exception: Group S-2 carports — 100% open on all sides of non-
combustible construction.
2. Where the enclosed parking garage is located beneath other groups.
31) Amend subsection 903.2.10.1, Commercial parking garages, to read as follows:
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall
be provided throughout buildings used for storage of commercial trucks or buses
where the fire area of the enclosed parking garage exceeds 3,000 square feet;
32) Add new subsection 903.2.20, Group B, to read as follows.
903.2.20 Group B. An automatic sprinkler system shall be provided throughout
all new buildings containing a Group B occupancy that exceeds 3,000 square
feet.
33) Add new subsection 903.2.21, Group F-2, to read as follows:
903.2.22 Group F-2. An automatic sprinkler system shall be provided
throughout all new buildings containing a Group F-2 occupancy that exceeds
3,000 square feet.
Ordinance No. 1905
Page 9
34) Amend subsection 903.3.9, Floor control valves, to read as follows:
903.3.9 Floor control valves. Approved supervised indicating control valves,
check valves, water flow detection assemblies and main drains shall be provided
at the point of connection to the riser on each floor in buildings three or more
stories in height unless otherwise approved by the fire code official. Valve
locations will be determined and approved by the fire code official.
35) Add new subsection 903.6.1, Increased square footage, to read as follows:
903.6.1 Increased square footage. Any existing building or structure
undergoing construction or alteration which adds square footage exceeding the
total floor area as prescribed in Section 903.2, shall require an approved
automatic fire sprinkler system.
Exceptions: (1) One and two-family dwellings and manufactured homes;
and (2) additions to occupancies equating to fifty (50) percent or less of
total floor area. Fire sprinkler requirements for these occupancies shall be
determined based on California Fire Code Table B105.1 — Minimum
Required Fire Flow For Buildings.
36) Add new subsection 907.2.11.9, Smoke and carbon monoxide alarms, to read as
follows:
907.2.11.9 Smoke and carbon monoxide alarms. Upon sale of any residential
dwelling and factory-built housing, the seller shall have installed therein,
permanently wired or battery powered approved detectors of products of
combustion other than heat only, commonly known as "smoke detectors." The
smoke and carbon monoxide alarms are required to be State Fire Marshal
approved and listed. The seller must obtain certification from the Palm Springs
Fire Department of the installation and proper operation prior to close of sale of
property. Smoke and carbon monoxide alarms shall be maintained as originally
approved at the time of construction, or remodel.
37) Amend subsection 907.2.13, High-rise buildings, to read as follows:
907.2.13 High-rise buildings. High-rise buildings and buildings having occupied
floors located more than 60 feet above the lowest level of fire department vehicle
access shall be provided with an automatic smoke detection system in
accordance with 907.2.13.1 and emergency voice/alarm communication systems
in accordance with Section 907.5.2.2.
Ordinance No. 1905
Page 10
38) Amend subsection 907.2.19, Deep Underground buildings, to read as follows:
907.2.19 Deep underground buildings. All underground buildings shall be
equipped throughout with a manual fire alarm system, including an emergency
voice/alarm communication system installed in accordance with section
907.5.2.2.
39) Delete "Exception" to subsection 914.2.1, Automatic sprinkler system.
40) Delete "Exception" to subsection 914.3.1 Automatic sprinkler system.
41) Add new subsection 1103.11, Increased Hazard Class in Change of Use, to read
as follows:
1103.11 Increased Hazard Class in Change of Use. An approved fire alarm
system shall be installed in existing, non-sprinklered buildings when a change of
use occurs resulting in a higher hazard classification.
42) Add new section 5614, "Safe and Sane" and Dangerous Fireworks, to read as
follows:
SECTION 5614 —
"SAFE AND SANE" AND DANGEROUS FIREWORKS
5614.1 Prohibition. The manufacture, sale, possession, storage, handling or
use of "safe and sane" fireworks as currently defined in the California Health and
Safety Code section 12529 or "dangerous fireworks" as currently defined in the
California Health and Safety Code section 12505 or thereafter amended by state
statute is prohibited in the City of Palm Springs. The provisions of this section do
not apply to fireworks displays conducted in accordance with the provisions of
any permit issued by the Palm Springs Fire Department.
5614.2 Seizure of fireworks. Any authorized City of Palm Springs fire code
official, peace officer or other city official authorized to enforce the Palm Springs
Municipal Code may seize, take, remove, or cause to be removed at the expense
of the owner all prohibited fireworks and explosives. This will include all persons,
firms or corporations, who manufacture, sell, possess, store, handle or use any
prohibited fireworks or explosives as currently described in the California Fire
Code sections 5601 and 5608.
Ordinance No. 1905
Page 11
43) Add new section 5615, Explosives, to read as follows:
SECTION 5615 — EXPLOSIVES
5615.1 Prohibition. The manufacture, sale, possession, storage, handling or
use of non permitted "explosives" as currently defined in Title 19 of the California
Code of Regulations, Section 1550 or thereafter amended by state law is
prohibited in the City of Palm Springs.
44) Add item 4 to subsection 5704.2.11.1, Location, to read as follows:
4. The installation of underground combustible/flammable liquid tanks is
hereby prohibited in all residential districts. The fire official may
authorize installation of underground combustible/flammable liquid
tanks in agricultural, commercial and manufacturing districts.
45) Amend subsection B101.1, Scope, of Appendix B, to read as follows:
B101.1 Scope. The procedures for determining fire-flow requirements for
buildings or portions or buildings hereafter constructed shall be in accordance
with this appendix. This appendix does not apply to structures other than
buildings. Additions to buildings equating to 50% or less increase in square
footage will not require fire flow analysis.
46) Delete subsection B104.2, Area separation, of Appendix B.
47) Add Appendix "P", Palm Springs Fire Department Five Minute Response Time
Map.
48) Add the following language to Appendix "P":
The Five-Minute Fire Department Response Time is the time the fire station or
response personnel receive notification of a call for emergency service, allowing
one-minute for "firefighter turnout' and four-minutes for travel on paved
streets. The map, the Palm Springs Fire Department five-minute response time
for emergency service, is on file with the City Clerk.
49) Add Appendix "C", City of Palm Springs Fire Hazard Severity Zone Map.
Ordinance No. 1905
Page 12
SECTION 4. New Section 8.04.520 is hereby added to the Palm Springs
Municipal Code to read as follows:
8.04.510 International Fire Code—Adopted.
That certain document, a copy of which is on file in the office of the City Clerk,
being marked and designated as the 2015 International Fire Code, as published by
the International Code Council, Inc., including all tables and indices thereto, to the
extent that such code is not inconsistent with the 2016 California Fire Code adopted
and as modified by Sections 8.04.500 and 8.04.510 of the Palm Springs Municipal
Code, is hereby adopted by reference as the Fire Code of the City of Palm Springs
pursuant to Government Code Section 50022.1 et seq.
SECTION 5. OPERATIVE DATE. The provisions of this Ordinance shall
become operative on January 1, 2017, which is the effective date of the 2016 edition of
the California Fire Code, enacted by the State of California.
SECTION 6. EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Ordinance and shall cause the same, or the
summary thereof, to be published and posted pursuant to the provisions of law and this
Ordinance shall take effect thirty (30) days after passage.
SECTION 7. SEVERABILITY. If any section, subsection, clause or phrase of
this ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such a decision shall not affect the validity of the remaining portions of this ordinance.
The City Council of the City of Palm Springs, hereby declares that it would have
passed this ordinance and each section of subsection, sentence, clause and phrase
thereof, irrespective of the clauses or phrases being declared invalid.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 16TH DAY OF NOVEMBER, 2016.
ROBE T MOON, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1905
Page 13
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1905 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the god day of
November, 2016, and adopted at a regular meeting of the City Council held on the 16th
day of November, 2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tem Mills.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California E Z-/41/zol6
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