HomeMy WebLinkAboutTC Ord 1996-02-07
ORDINANCE NO. 417 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING PLANNING AND APPROVAL
PROCEDURES FOR THE BELVEDERE-TIBURON
MUNICIPAL LIBRARY
The Town Council of the Town of Tiburon does ordain as follows:
SECTION I. PURPOSE
The Town ofTiburon owns property at the corner of Tiburon Boulevard and Mar West
Street. This property has been previously designated the site for the new Belvedere- Tiburon
Municipal Library. This library will be constructed, maintained, and operated by the Belvedere-
Tiburon Library Agency, a Joint Powers Authority, which has been created by the Town of
Tiburon and the City of Belvedere. Pursuant to the provisions of Tiburon's zoning ordinance
(Tiburon Municipal Code Chapter 16), this project would be required to secure use permit
approval by the Planning Commission, and site plan and architectural approval by the Design
Review Board (ORB). Given that the proposed library had been initial designed as a proposed
county library and has received a favorable review by the DRB in 1993, the Town Council is
adopting this ordinance for the purpose of establishing more streamlined planning procedures.
SECTION 2. EXEMPTION FROM ZONING ORDINANCE
The Belvedere- Tiburon Municipal Library shall be exempt from all provisions of the
Tiburon Zoning Ordinance, Tiburon Municipal Code Chapter 16.
SECTION 3. REVIEW PROCEDURES ESTABLISHED FOR BEL VEDERE-
TIBURON MUNICIPAL LIBRARY
Plans for the new Belvedere- Tiburon Municipal Library shall be reviewed pursuant to the
following procedures:
(A) The project shall be reviewed by the Design Review Board only to the extent that
the project has changed since the DRB review of April 8, 1993. This review, if applicable, shall
include the main structure, landscaping, parking and other improvements.
(B) On-site parking and circulation shall be reviewed by the Town Engineer for the
purpose of maximizing available parking while ensuring safe circulation.
TOWN OF T1BURON ORDINANCE NO. 417 N.S. 2/7/96 1
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(C) Prior to any work on the site, the project shall be reviewed by the Town's Building
Inspector and a building permit issued.
(D) The project is subject to CEQA and a Mitigated Negative Declaration applicable to
the project was adopted and a Mitigation Monitoring and Reporting Program (MMRP) was
approved by the Town Council at a Town Council meeting held on January 17, 1996.
(E) The project shall be exempt from all Town planning and permit fees except where
the Town incurs a direct cost, as determined by the Town Manager.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of passage
and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be
published with the names of the members voting for and against it at least once in a newspaper of
general circulation published in the Town ofTiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on January 17,1996 and was adopted at a regular meeting of the Town Council of the
Town ofTiburon on February 7, 1996, by the following vote:
AYES: COUNClLMEMBERS: Ginalski, Hennessy, Thayer, Thompson,
Wolf
NOES: COUNClLMEMBERS: None
ABSENT: COUNClLMEMBERS: None
/<)/
NICKY WOLF, MAYOR
TOWN OF TIBURON
ATTEST:
r;1
DIANE L. CRANE, TOWN CLERK
TOWN OF T1BURON ORDINANCE NO. 417 N.S. 2/7/96 2
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ORDINANCE NO. 14 TOIN^I 0" TIBURON
An Ordinance of the Alto-Richardson Bay Fire Protection Distrj9:.;~;':I~;G & BUilDING DEPT.
Adopting The 1994 Edition Of The Uniform Fire Code
With Amendments And The Repeal Of Ordinance No. 12
An ordinance of the Alto-Richardson Bay Fire Protection District adopting, by reference,
with certain deletions, amendments, and additions, the Uniform Fire Code, 1994
Edition, compiled by the Western Fire Chiefs Association and the International
Conference of Building Officials; making findings the modifications and changes are
required in the Uniform Industry Codes referred to in California Health and Safety Code
Section 17922; and repealing Ordinance No. 12.
The Board of Directors of the Alto-Richardson Bay Fire Protection District, County of
Marin, State of California, does ordain as follows:
Section I. Reference, Article, Section, Division and Appendix Division Numbers used in
this ordinance are those of the Uniform Fire Code, 1994 Edition, published by the
Western Fire Chiefs Association and the International Conference of Building Officials.
Section II. Adoption. The Uniform Fire Code, 1994 Edition, compiled by the Western
Fire Chiefs Association and the International Conference of Building Officials, including
Appendix Divisions I, II, III, and V and deleting Section 1003 is hereby adopted as an
Ordinance of the District with the amendments and additions set forth in this Ordinance.
Section III. Amendments. The following are sections or subdivisions of the Uniform
Fire Code as above delineated which are hereby amended to read as below set forth:
Section 103.4.4.(b) - Citations. The Chief or his duly authorized agent may issue
citations for violations of District Ordinances and Codes in the manner authorized by
Chapter 5c, Section 853.5 of Title 3 of part 2 of the California Penal Code.
Section 103.1.4 - Appeals. Whenever the Chief disapproves an application or refuses to
grant a permit applied for, or when it is claimed that the provisions of the code do not
apply or that the true intent and meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal the decision of the Chief to the Board of Directors
of the Alto-Richardson Bay Fire Protection District in writing, within 30 days from the
date of the decision approved. The Board shall render decisions and findings in writing
to the Fire Chief who will send a reply and a copy of the Board's finding to the applicant.
The Board of Directors finding shall be binding upon the Chief and the applicant and
shall be final.
Article 2. Definitions and Abbreviations. Whenever they appear in Ordinance No. 14
unless otherwise provided, the following words shall have the meanings ascribed to them
in this section.
202 "ATTORNEY" means the attorney for the Alto-Richardson Bay Fire
Protection District or the District Attorney for the County of Marin.
203 "UNIFORM BUILDING CODE" shall mean the 1994 Edition of the Uniform
Building Code compiled by the International Conference of Building Officials
including its revisions, additions and amendments as adopted by the Alto-
, .
-page 2-
Richardson Bay Fire Protection District, or the County of Marin, or the
Town of Tiburou, depending on the territory involved.
204 "CHIEF" or "FIRE CHIEF" means the Fire Chief of the Alto-Richardson Bay
Fire Protection District.
205 "DEVELOPER" shall mean the owner or other person, fIrm or corporation,
public or private, responsible for the development of the land or project
in question.
206 "ELECfRlCAL CODE" shall mean the 1993 edition of the National Electric
Code of the National Fire Protection Association as adopted by the Town of
Tiburon or the County of Marin depending on the territory involved.
211 "JURISDICTION" means the Alto-Richardson Bay Fire Protection District
222 "UNIFORM FIRE CODE" means the most current edition of the Uniform
Fire Code, published by the International Conference of Building OffIcials
and Western Fire Chiefs Association and amended and adopted by The Board
of Directors of the Alto-Richardson Bay Fire Protection District.
214 "MULTI-FAMlL Y DWELLING" shall mean any building, or portion thereof,
containing two or more dwelling units. This shall include, but not be limited
to, duplex, apartment house, flat, condominium, tenement house, town-house,
dormitory, convent, guest house, bed and breakfast inn, retirement center and
cooperatives.
219 "REASONABLE WORKING DISTANCE" shall mean the distance from
the adequate water supply and shall be deemed not to exceed 350 feet in
residential applications and 150 feet from commercial developments.
220 "SECOND UNIT" shall mean an attached or detached additional dwelling
unit on a single family lot which provides complete independent living
facilities and which has a kitchen/cooking, sleeping and sanitation facilities
on the same parcel as the primary unit.
220 "SINGLE FAMlL Y DWELLING" shall mean any building which contains
not MORE THAN ONE "DWELLING UNIT" intended to be used, rented
leased, let or hired out to be occupied, or which are occupied for habitation
purposes.
Section 202 Water Supply An approved water supply capable of supplying the
required fire flow for fire protection shall be provided to all premises upon which
buildings or ponions of buildings are hereafter constructed.
When any ponion of the building protected is in excess of 150 feet from an approved
water supply on a public street, on-site fire hydrants and water mains capable of
supplying the required fIre flow shall be installed as required by the Chief. In setting the
requirements for fIre flow, the Chief may be guided by the provisions in Appendix Ill-A
of this code.
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-page 3-
Section 220. Substantial Remodel When the remodel or renovation of any structure,
combined with any additions to the structure, affects a floor area which exceeds fifty
percent of the existing floor area of the structure, it shall be deemed a "S ubstantial
Remodel: and the entire building. shall be made to comply with all the sections of this
code relating to new construction. When any changes are made in the building resulting
in the exposure of framing members such as columns, beams, girders, floor or ceiling
joists, roof rafters, foundations, piles, or retaining walls or similar components, the floor
area of all rooms affected by any such changes shall be included in computing floor area
for purposes of applying this definition.
Section 902.2.2.1 Access Roadway For Fire Apparatus Every structure hereafter
constructed shall be accessible for Fire Department Apparatus by a public street unless
accessible by a private road or driveway capable of supporting all fire apparatus and
meeting the following standards:
1 An all-weather driving surface of not less than 12 feet of unobstructed width
containing turn-outs every 300 feet measuring 8 feet in width by 50 feet in
length
2. The grade of the surface shall be no greater than 18% at any given point
3. Dead-end Fire Department access roads in excess of 100' shall be provided
with approved turn-around
4. Cul-de-sacs shall have a minimum of 30' unobstructed turning radius for
the turning around of Fire Department apparatus
Section 902.4 - Key Box. When access to or within a structure or an area is unduly
difficult because of secured openings' where immediate access is necessary for life-saving
or fIre-fighting purposes; or where an automatic fire sprinkler system or fire alarm system
has been installed, the Chief may require installation of an approved key box for
emergency access to the premises.
Section 1001.10 Fire Appliances The Chief shall designate the type and number of fire
appliances to be installed and maintained in and upon all buildings and premises in the
jurisdiction. This designation shall be based upon the relative severity of probable fire,
including the rapidity with which it may spread. Such appliances shall be of a type
suitable for the probable class of fire associated with such building or premises and shall
have approval of the Chief.
Section 1001.10.1 Smoke Detectors All dwelling units, including single family
dwellings, multi-family dwelling units, and hotel or lodging house guest rooms that are
used for sleeping purposes shall be provided with approved smoke detectors. Installation
shall be in accordance with Section 1210 of the 1994 Uniform Building code and
N.F.P.A. Std No. 74.
-page 4-
Section 1002.1.1 No person shall operate any lot, parcel of land or premises where three
or more vehicles are stored, kept or parked, whether a charge be made for such parking or
not, without keeping a fue extinguisher, approved by the Chief, on hand at all times.
Section 1003 Fire Extinguishing Systems
Section 1003.1 Installation Requirements
Section 1003.1.1 Automatic Sprinkler System
Where required: Standard Automatic Fire sprinkler System shall be installed
throughout all newly constructed or substantially remodeled buildings defined within the
limits of the Alto-Richardson Bay Fire Protection District.
1. All Occupancies, including Group R Division 3 and Group V-I, regardless of
construction and/or floor area, an automatic sprinkler system shall be installed, including
but not limited to:
a. An automatic fire sprinkler system shall be installed in all newly created
detached second units.
b. An automatic fire sprinkler system shall be installed in all newly created second
units which are defmed as a substantial remodel.
c. An automatic fire sprinkler system may be installed in substantially remodeled
buildings if required by the Chief Building Inspector and the Fire Chief of the
appropriate fire district.
Section 1003.1.2 Sprinkler Installation and Maintenance Installation, inspection and
maintenance of automatic fire sprinkler systems shall comply with NFPA standard number
\3 (13-D, or 13-R for residential systems), and the specifications of the Alto-Richardson
Bay Fire Protection District
Section 1003.1.3 All automatic fue sprinkler systems shall be equipped with an approved
electric water flow indicating device. In occupancies other than R - 3 an approved water
flow device shall tenrunate at an approved V.L.listed Central Receiving Station.
All automatic sprinkler system control valves installed in occupancies other than R-3 shall
be equipped with an approved tamper alarm which shall generate an alarm to a V.L. listed
Central Receiving Station.
Required automatic fire sprinkler systems shall be approved by the Chief Building
Inspector and the Fire Chief. The system design, installation, acceptance tests and such
periodic maintenance tests as the Fire Chief shall require shall comply in all respects with
NFPA Standard \3, (\3-D or \3-R for residential systems) California Administrative code
Title 19, the Vniform Building code and the specifications of the appropriate fue district
Section 1003.1.4 Automatic sprinkler system requirements may be waived by the Chief
Building Inspector and Fire Chief of the appropriate fire district, due to special
circumstances. Systems waived pursuant to this section shall be equipped with a fire
detection or extinguishing system of a tested and approved design to be installed in
conformance with the requirements of the Building Inspection Division of the appropriate
jurisdiction in cooperation with the fue district.
-page 5-
Two (2) sets of detailed plans and calculations for the sprinkler system shall be submitted
to the Fire Department for approval w:i.!!l: to installation.
Section 1006.2.7 (d) Portable Extinguishers. In addition to the fix system, a dry
chemical portable extinguisher which has a rating of not less than 40 B/C shall be installed
within 30 feet of any food processing equipment in accordance with U.F.C. Standard No.
10-1.
Section 1103.2.4 - Fire Hazard Reduction. Any person that owns, leases, controls or
maintains any building or structure or properties with the limits of the Alto-Richardson Bay
Fire Protection District shall comply with the following:
1. Cut and remove all combustible vegetation within 30 feet of structures, 100
feet on downhill slopes. Remove piles of accumulated dead vegetation on the
property.
2. Cut tree limbs that overhang roofs and decks. Remove that portion of any tree
which extends within 10 feet of the outlet of any chimney or stovepipe. Clean
leaves and needles from roof and gutters.
3. Cut low branches on trees; 6 feet from ground when trees exceed 18 feet in height.
Section 1101.2.2 Chimneys used in conjunction with fueplaces or heating appliances in
which solid or liquid fuel is used, upon any building, shall be maintained with an approved
spark arrester constructed with heavy wire mesh or other non combustible material with
openings not to exceed 1/2 inch.
Section 6105 The use or storage of portable unvented oil-burning heating appliances shall
be prohibited inside any building or structure within the limits of the Alto-Richardson Bay
Fire Protection District.
Section 7903.2.1.4 Heating, lighting or cooking appliances, i.e., kerosene heaters, which
utilize Class 1 liquids shall not be operated within any building or structure within the
limits of the Alto-Richardson Bay Fire Protection District.
Section 7904.2.5.1 Plans shall be submitted with each application for a permit to store
more than 550 gallons of flammable or combustible liquids in drums or tanks.
Section 7902.2.2.1 Aboveground tanks The storage of Class I and Class II liquids in
above ground tanks outside of buildings shall be prohibited except storage in special
enclosures meeting the standards of Appendix II-F of the Uniform Fire Code.
Section 5201.3.1 Motor Vehicle Fuel. Dispensing Stations. A permit shall be required
to dispense and store flammable and combustible liquids subject to such conditions that the
Fire Chief may impose.
Section 7904.1 No new bulk plant shall be constructed within the limits of the Alto-
Richardson Bay Fire Protection District.
Section 8204.2 Liquefied Petroleum Gasses The limits referred to in this section are
established as the entire territory of the Alto-Richardson Bay Fire Protection District.
-page 6-
Appendix II-C - MarinaS 6.2.1 All portions of floats exceeding 150 feet distance from
fIre apparatus access shall be provided with an approved wet standpipe system, installed in
accordance with applicable standards set forth in the Uniform Building Code standard no.
38-2 and Article 10 of this Code.
Section V To the extent that any of the provisions of this Ordinance constitute changes or
modifIcations in the requirements contained in the Health and Safety Code Section 17922,
the Board of Directors of the Alto-Richardson Bay Fire Protection District does hereby fInd
that such changes and modifIcations are reasonably necessary because of local conditions
prevailing within the Alto-Richardson Bay Fire Protection District. A description of said
local conditions is hereafter set forth.
The nature of that land mass generally known as "West Tiburon Peninsula" along with its
inherent geogrnphical features, present unique problems to the Alto-Richardson Bay Fire
Protection District whose concern is the safety of the lives and property of its community.
The Alto-Richardson Bay Fire Protection District ungulates in a generally southerly
direction from the northern slopes of Ring Mountain to Richardson Bay. It is approximately
one to one-half miles in width and approximately 1.5 miles long, surrounded by salt water
on the Strawberry Peninsula on two (2) sides.
The Alto-Richardson Bay Fire Protection District encompasses an area of roughly 2.8
square miles with a resident population of approximately 9,000.
The placement of the residential and commercial development within the District has
generally adapted itself to areas of least resistance within the confmes of steep ridges,
downslopes and wooded hillsides. The other unique environmental characteristic of
the District is the shoreline of San Francisco Bay by which it creates a boundary of
attraction to the visitor population.
With the given profile of the Alto-Richardson Bay Fire Protection District. the District
Board of Directors has established certain requirements which were developed to reduce
the level of exposure to the citizens of the District, as well as the property (investments)
within the jurisdiction. The following points were established as factors which cause
concern regarding fire protection in the District and are herein established and submitted
as the "Findings of Facts".
Climatic: The weather patterns within the Alto-Richardson Bay Fire Protection District
are considered to be moderately affected by the Pacific Ocean and San Francisco Bay which
extend the year round growing season of vegetation. The normal years rainfall is approximately
28 inches, while the summer condition, with its prevalent Pacific High Cell creates the morning
and late afternoon fog nonnally associated with San Francisco Bay.
While nonnal temperatures usually do not exceed 75-80 degrees during the summer, little
or no rain falls during the period of April and November. This combination often creates
hazardous fuel conditions in the District. Drying winds in the summer and fall months
reduce moisture and humidity to minimum levels, thereby creating ideal fire weather
conditions. The nonnal afternoon winds which precede the fog can move a fire quickly up
the hillside and open space areas of the District.
-page 7-
Because of climatic conditions, the County of Marin has experienced water rationing in recent
years. Water shortages can be expected in the future years due to storage capacities in Marin,
domestic consumption and weather patterns which reduce the already minimal annual rainfall.
While sound management of the water resources is possible, actual demands on an already
stressed water supply can most assuredly be predicted.
Geopr.nhic: the Alto-Richardson B.y fIre Protection District is geographically mixed with
three classifIcations; igneous, metamorphic and sedimentary rock. The outstanding material
is volcanic in origin with a ridge of serpentine reaching in excess of 700 feet in elev.tion.
Most of the District is characterized by precipitous hilly areas where escape opportunities
from residential structures are limited to one side of the home only. The steepness and
uneven nature of the land often hinders, and sometimes prevents, the erecting of rescue
ladders .t the side of. home or . hillside parcel.
Seismic activity within the District occurs ye:rrly with little or no damage, although the
real potential does exist with the peninsula situ.ted between two active faults; San Andreas
and Hayward faults.
Landslides have also been experienced on the Tiburon Peninsula in recent years. While
stabilization of hillsides can sometimes be provided, heavy rainfalls have assured failures.
These slides have closed roadways, making accessibility to many locations in the District
impossible until properly cleared.
Topo~r.nhic' The District is accessible from the outside by only two (2) thoroughfares-
U.S. Highway 101 and Tiburon Blvd.
Vehicul:rr .ccess within the District is affected by steep hilly terrain and the many secondary
ridelines. Many streets are narrow, steep, .nd winding, restricting the speed at which fIre
apparatus may safety respond and also increasing the time lapse between fIre detection
and apparatus arrival, during which a family will face the fIre or other emergency on their
own. On the approximately 110 streets in the District, 64 are dead-end streets, restricting
the ease of relocating fIre and rescue equipment from one location to another even though
actual separating distance between the two places may be minimal. In addition to restricting
access routes for fIre apparatus, the dead-end streets also limit egress opportunities for residents.
The commercial areas of the District were largely built 25-30 years ago. Consequently, the
vast majority of these structures do not meet even minimum standards for fIre protection
and life safety. The wood frame construction of older buildings, especially those in the
commercial area, creates an adverse exposure problems, not only in being easily ignited
by an adjacent structure fIre, but also in contributing to the extension of fIre to other
buildings through radiation, actual physical heat conduction and flying embers. Fire
history in the District has shown flying embers will start secondary fIres after being blown
in the air.
The natwal rock shoreline of San Francisco Bay creates a situation (particul:rrly along B:rrb:rree
Way and East Strawberry Drive) which access to buildings can only be made via one street.
The front of the buildings are essentially the only accessibility point for responding apparatus.
Buildings constructed along the w.terfront and some actually on piers over the Bay, create
a situation where the presence of bay w.ters limits escape opportunities from both residential
and commercial occupancies alike. Approximately 1,850 dwelling units and commercial
buildings have been erected within the District over the past century with more construction
,
-page 8!
Ve~etation: Alto-Richardson Bay Fire Protection Disttict's semi-arid Mediterranean-type
climate produces vegetation similar to that of most of Marin County, with specific growth
locale a result of topography and prevailing wind. The western ridge exposure is primarily
rye grass with occasional clumps of bay and oak trees in the more sheltered pockets.
The eastern slopes are heavily wooded from shore to ridge with oak and bay trees and
minor shrubs of the general chaparral class.
Expansion of the residential community into areas of heavier vegetation has resulted
in homes existing in close proximity to dense natural foliage. Often such dwellings
are completely surrounded by highly combustible vegetation compounding the fIre
problem from a conflagration point of view.
Approximately half of the structures in the Disttict have costly shingle or shake roofs.
This very flammable material is susceptible to ignition by embers from a wild land
fire, furthering the spread of fIre to adjacent buildings.
As a result of the "FACTINGS OF FACT" which have identifIed the various Climatic,
Geographical and Topographical elements, the requirements established by the
Alto- Richardson Bay Fire Protection Disttict within the adopted Ordinance No. 11 and
12 are considered "REASONABLE AND NECESSARY MODIFICATIONS" to the
requirements established pursuant to Health and Safety Code, Section 17922 based
on local conditions.
While it is clearly understood that the adoption of such regulations may not prevent
the incidence of fIre, it is further noted that with the implementation of these various
regulations and/or requirements, the severity and potential of loss of life and loss of
property within the District may be reduced.
Section VI - Validity of Ordinance If any section, subsection, sentence, clause, phrase or
word of Ihis Ordinance is for any reason held to be unconstitutional or invalid the decision
shall not affect the validity of the remaining ponions of this Ordinance.
Section VII The Board of Directors of the Alto-Richardson Bay Fire Protection District
hereby declares if any portion of this Ordinance of the application hereof to any person or
circumstance is held invalid, the remainder of this Ordinance, or the application hereof to
other persons and circumstances shall not be affected thereby; and, to this end, the
provisions of this Ordinance are declared to be served able.
Section VIII. Penalty Each person, fIrm or corporation is guilty of a separate offense for
each day or portion thereof during which any violation of any provision of this Ordinance
is committed, continued or permitted by such person, fIrm or corporation and is punishable
therefore as therein provided.
Any person violating any of the provisions of this Ordinance, except those declared to be
infractions, shall be guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fIne not exceeding $500.00 or by imprisonment not exceeding six (6)
months, or by both such fIne and imprisonment.
Section IX - Nuisance In addition to the penalties herein provided any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a public
nuisance and may be abated as such in accordance with applicable law.
:
-page 9-
Section X - Publication A summary of this Ordinance shall be published five (5) days
prior to adoption and within fifteen (IS) days after adoption in a newspaper of general
circulation within the District and it shall become effective thirty (30) days after the date of
its final passage.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE BOARD OF
DIRECTORS OF THE ALTO-RICHARDSON BAY FIRE PROTECTION DISTRICT
HELD THIS 20th DAY OF DECEMBER, 1995 BY THE FOLLOWING VOTE:
VOTE: Yes: Bushman, Anderson, Brunini, Morse
Noes: -0-
Absent: Talmadge
Ron Busrunan, Vice-Chairperson. Board of Directors, Alto
Richardson Bay Fire Protection District
A TrEST:
Bonnie S. Anderson, Secretary
. .
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lrOlIDlJlJ!ru@1Nl rFOlRlrE 1f.l!ru@lr[E@lrO@1Nl [Q)O~lrIRlU@lr
Ordinance #117
An ordinance of the Tiburon Fire Protection District adopting, by
reference, with certain deletions, amendments, and additions, the
Uniform Fire Code, 1994 Edition, compiled by the Western Fire Chiefs
Association and the International Conference of Building Officials;
making findings that modifications and changes are required in the
Uniform Industry Codes referred to in California Health and Safety
Code Section 17922; and repealing Ordinance Number 116.
The Board of Directors of the Tiburon Fire Protection District,
County of Marin, State of California, does ordain as follows:
SECTION I. Reference, Article, Section, Division and Appendix
Division Numbers used in this ordinance are those of the Uniform Fire
Code, 1994 Edition, published by the Western Fire Chiefs Association and
the International Conference of Building Officials.
SECTION II. Adoption. The Uniform Fire Code, 1994 Edition, com-
piled by the Western Fire Chiefs Association and the International
Conference of Building Officials, including Appendix Divisions I, II, III, IV,
and V and deleting Section 1003 is hereby adopted as an Ordinance of this
District with the amendments and additions set forth in this Ordinance.
SECTION III. Amendments. The following are sections or subdivi-
sions of the Uniform Fire Code as above delineated which are hereby
amended to read as below set forth:
SECTION 103.1.4 Appeals. Whenever the Chief disapproves an
application or refuses to grant a permit applied for, or when it is claimed
that the provisions of the code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the Chief to the Board of
Directors of the Tiburon Fire Protection District in writing, within 30
days from the date of the decision appealed. The Board shall render deci-
sions and findings in writing to the Fire Chief, with a duplicate copy to
the appellant.
SECTION 203 "Building Code" shall mean the 1994 Edition of the
. .
Uniform Building Code compiled by the International Conference of
Building Officials including its revisions, additions and amendments as
adopted by the Town of Tiburon, City of Belvedere, or the County of Marin,
depending on the territory involved.
SECTION 206 "Electrical Code" shall mean the 1993 Edition of
the National Electric Code of the National Fire Protection Association as
adopted by the Town of Tiburon, the City of Belvedere, or the County of
Marin, depending on the territory involved.
SECTION 211 Wherever the word "Jurisdiction" is used in the
Uniform Fire Code, it is the Tiburon Fire Protection District.
SECTION 902.4. Key Box. When access to or within a structure or
an area is unduly difficult because of secured openings; where immediate
access is necessary for life-saving or fire-fighting purposes; or where an
automatic fire sprinkler system or fire alarm system has been installed,
the Chief may require installation of an approved key box for emergency
access to the premises.
SECTION 1001.10 Fire Appliances. The Chief shall designate the
type and number of fire appliances to be installed and maintained in and
upon all buildings and premises in the jurisdiction. This designation shall
be based upon the relative severity of probable fire, including the rapidity
with which it may spread. Such appliances shall be of a type suitable for
the probable class of fire associated with such building or premises and
shall have approval of the Chief.
SECTION 1003 Fire Extinguishing Systems
1003.1 Installation Requirements
1003.1.1 Automatic Sprinkler Systems
Standard Automatic Fire Sprinkler Systems shall be installed
throughout all newly constructed or substantially remodeled buildings
within the limits of the Tiburon Fire Protection District.
Approved residential fire sprinkler systems shall be installed
in all newly created second units.
1003.1.2 Sprinkler Installation and Maintenance
The installation, inspection and maintenance of automatic fire
sprinkler systems shall comply with NFPA standard number 13 (13-0 or
. .
13-R for residential systems), and the specifications of the Tiburon Fire
Protection District and Insurance Services Offices specifications.
1003.1.3 All automatic fire sprinkler systems shall be equipped
with an approved electric water flow indicating device. Sprinkler
systems installed in other than R-3 occupancies shall be equipped with an
approved water flow device which shall generate an alarm which shall
terminate at an approved U.L. listed Central Receiving Station.
All automatic sprinkler system control valves installed in
occupancies other than R-3 shall be equipped with an approved tamper
alarm which shall generate an alarm to a U.L. listed Central Receiving
Station.
Required automatic fire sprinkler systems shall be approved
by the Chief. The system design, installation, acceptance tests and such
periodic maintenance tests as the Chief shall require shall comply in all
respects with N.F.P.A. standard 13 (13-0 or 13-R for residential systems).
California Administrative Code Title 19, the Uniform Building Code and
specifications of the Tiburon Fire Protection District.
1003.1 .4 In buildings or areas of buildings housing occupancies
with high value, noncombustible contents, highly susceptible to water
damage, such as computer rooms, standard automatic fire sprinkler
systems may be omitted with the approval of the Chief. Those buildings
or parts of buildings for which the sprinkler system requirement is
waived pursuant to this subsection shall be equipped with a fire detection
or extinguishing system of a tested and approved design to be installed in
conformance with the requirements of the Chief.
1007.1.3 Maintenance of Fire Alarm Systems
Required fire alarm systems shall be maintained in an operable con-
dition at all times and shall be tested on an annual basis.
SECTION 1101.2.2 Chimneys used in conjunction with fireplaces or
heating appliances in which solid or liquid fuel is used. upon any building,
shall be maintained with an approved spark arrester constructed with
heavy wire mesh or other noncombustible material with openings not to
exceed 1/2 inch.
SECTION 6105 The use or storage of portable unvented oil-burning
heating appliances shall be prohibited inside any building or structure
.
within the limits of the Tiburon Fire Protection District.
SECTION 7903.2.1.4 Heating, lighting or cooking appliances which
utilize Class I liquids shall not be operated within any building or
structure within the limits of the Tiburon Fire Protection District.
SECTION 7904.2.5.1 Plans shall be submitted with each application
for a permit to store more than 550 gallons of flammable or combustible
liquids in drums or tanks within the Tiburon Fire Protection District.
SECTION 7902.2.2.1 Aboveground tanks. The storage of Class I and
Class II liquids in aboveground tanks outside of buildings shall be prohib-
ited, except storage in special enclosures meeting the standards of
Appendix II-F and the Tiburon Fire Protection District.
SECTION 7904.2.5.4.2 The storage of Class I and II liquids in above-
ground tanks for private use on farms and at construction sites shall be
prohibited within the Tiburon Fire Protection District.
SECTION 7904.1 No new bulk plant shall be constructed within the
limits of the Tiburon Fire Protection District.
SECTION 8204.2 Liquefied Petroleum Gasses. The limits referred to in
this Section are established as the entire territory of the Tiburon Fire
Protection District.
APPENDIX II-C. Marinas.
6.2.1 All portions of floats exceeding 150 feet distance from fire
apparatus access shall be provided with an approved wet standpipe
system, installed in accordance with applicable standards set forth in the
Uniform Building Code standard no. 38-2 and Article 10 of this Code.
SECTION IV. Additions. The following sections are hereby added
to the Uniform Fire Code. 1994 Edition:
SECTION 103.4.4 Citations.
Persons operating or maintaining an occupancy, premises or vehicle
subject to this code who allow a hazard to exist or fail to take immediate
action to abate a hazard on such occupancy, premises or vehicle when or-
dered or notified to do so by the Chief shall be guilty of a misdemeanor.
The Chief or his duly authorized agent may issue citations for violations
of District Ordinances and Codes in the manner authorized by Chapter 5c,
commencing with Section 853.5 of Title 3 of Part 2 of the California
Penal Code.
ARTICLE 2 Definitions and Abbreviations.
SECTION 202 "Adequate Water Supply" shall mean the available
flow of water which the Fire Chief determines is or reasonably may be
necessary to protect any building or structure on the land to be developed.
SECTION 204 "Chief" or "Fire Chief" as referred to in this code
shall mean the Fire Chief of the Tiburon Fire Protection District or any
other official in the department, duly appointed by the Chief to administer
the provisions of the Uniform Fire Code and this Ordinance.
SECTION 214 The term "Multi-Family Dwelling" shall mean any
building, or portion thereof, containing two or more dwelling units. This
shall include, but not be limited to, duplex, apartment house, tenement.
house, condominium, flat, townhouse, dormitory, convent, guest house, bed
and breakfast inn, retirement center and cooperatives.
SECTION 219 "Reasonable Working Distance" shall mean the
distance from the adequate water supply and shall be deemed not to
exceed 350 feet in residential applications and 150 feet in commercial
developments.
SECTION 220 "Second Unit" shall mean an attached or detached
additional dwelling unit on a single family lot which provides complete
independent living facilities, including a kitchen or cooking area,
sleeping area and sanitation facilities on the same lot as the primary unit.
"Substantial Remodel" When the remodel or renovation of any
structure, combined with any additions to the structure, affects a floor
area which exceeds fifty percent of the existing floor area of the
structure, it shall be deemed a "Substantial Remodel" and the entire
building shall be made to comply with all sections of this code relating to
new construction. When any structural changes are made in the building
resulting in the exposure of framing members such as columns, beams,
girders, floor or ceiling joists, roof rafters, foundations, piles, or
retaining walls or similar components, the floor area of all rooms
affected by any such changes shall be included in computing floor area for
purposes of applying this definition.
SECTION 1001.10.1 Smoke Detectors.
All dwelling units, including single family dwellings, multi-family
dwelling units, and hotel or lodging house guest rooms that are used for
sleeping purposes shall be provided with approved smoke detectors.
Installation shall be in accordance with Section 1210 of the 1994 Uni-
form Building Code and N.F.P.A. Std No. 74.
SECTION 1002.1.1 No person shall operate any lot, parcel of land
or premises where three or more vehicles are stored or parked, whether a
charge be made for such parking or not, without keeping an approved fire
extinguisher on the premises at all times:
SECTION 1103.2.4.1 Fire Hazard Reduction.
Any person that owns, leases, controls or maintains any building
or structure within the limits of the Tiburon Fire Protection District shall
comply with the following:
Cut and remove all combustible vegetation within 30 feet of struc-
tures, 100 feet on downhill slopes. Remove piles of accumulated dead
vegetation on the property.
Cut and remove tree limbs that overhang wood decks and roofs.
Remove that portion of any tree which extends within 10 feet of any
chimney or stovepipe. Clean leaves and needles from roof and gutters.
Cut and remove low branches on trees, 6 feet from ground when
trees exceed 18 feet in height.
SECTION V. To the extent that any of the provisions of this
Ordinance constitute changes or modifications in the requirements
contained in Health and Safety Code Section 17922, the Board of Directors
of the Tiburon Fire Protection District does hereby find that such changes
and modifications are reasonably necessary because of local conditions
prevailing within the Tiburon Fire Protection District. A description of
said local conditions is hereinafter set forth.
The peninsular nature of that land mass generally known as
"Tiburon" along with its inherent geographical features, presents unique
problems to the Tiburon Fire Protection District whose primary concern is
the saving of lives and conservation of property within the community.
The Tiburon peninsula extends in a generally southeastern direction
from the northern shore of the San Francisco Bay. It is approximately one
to one and one-half miles in width and approximately four miles long,
surrounded by salt water on three sides.
The Tiburon Fire Protection District encompasses an area of roughly
four square miles with resident population of approximately 12,000. Due
to the significant visitor population to the Town of Tiburon and to local
state and county parks, the actual population can be considerably higher
depending on the time of year.
The placement of the residential and commercial development within
the District has generally adapted itself to areas of least resistance
within the confines of steep ridges, downslopes and wooded hillsides. The
other unique environmental characteristic of the District is the shoreline
of San Francisco Bay which creates the boundary of attraction to the
visitor population.
With the given profile of the Tiburon Fire Protection District, the
District Board of Directors has established certain requirements which
were developed to reduce the level of exposure to the citizens and guests
of the District, as well as the property (investments) within the
jurisdiction. The following points were established as factors which
. ., cause concern regarding fire protection in the District and are herein
established and submitted as the "Findings of Fact".
CLIMATIC: The weather patterns within the Tiburon Fire Protection
District are considered to be moderately affected by the Pacific Ocean and
the San Francisco Bay which extend the year round growing season of
vegetation. The normal year's rainfall is approximately 28 inches, while
the summer condition, with its prevalent Pacific High Cell creates the
morning and late afternoon fog normally associated with San Francisco
Bay.
While normal temperatures usually do not exceed 75-80 degrees
during the summer months, little or no rain falls during the period
between April and November. This combination often creates hazardous
fuel conditions in the District. Drying winds in the summer and fall
months reduce fuel moisture and relative humidity to the minimum levels,
thereby creating ideal fire weather conditions. The normal afternoon
winds which precede the fog can move a fire quickly in the hillside and
open space areas of the District.
Because of climatic conditions, the County of Marin has experienced
.
water rationing in recent years. Water shortages can be expected in
future years due to limited storage capacities in Marin, increased
domestic consumption and weather patterns which reduce the already
minimal annual rainfall. While sound management of the water resources
is possible, actual demands on an already stressed water supply can most
assuredly be predicted.
GEOGRAPHIC: The Tiburon peninsula is geographically mixed with
three classifications of rock: igneous, metamorphic and sedimentary. The
outstanding material is volcanic in origin with a ridge of serpentine
reaching in excess of 700 feet in elevation.
Much of the District is characterized by precipitous hilly areas where
escape opportunities from residential structures are limited to one side
of the home only. The steepness and uneven nature of the land often
hinders, and sometimes prevents, the erecting of rescue ladders at the -
side of a home on a hillside parcel.
Seismic activity within the District occurs yearly with little or no
damage, although a real potential does exist with the peninsula situated
between two active faults: San Andreas and Hayward faults..
Landslides have also been experienced on the Tiburon Peninsula in
recent years. While stabilization of hillsides can sometimes be achieved,
heavy rainfalls have caused failures. These slides have closed roadways,
making accessibility to many locations in the District impossible until
properly cleared.
TOPOGRAPHIC: The District is accessible from the outside by only
two primary thoroughfares and only one of those permits speed in excess
of 25 miles per hour by virtue of the narrow and twisting configuration of
Paradise Drive. This feature limits mutual aid companies responding from
neighboring communities for a large scale emergency to approach by only
one realistic route, and from only one side of the District, as opposed to a
non-peninsular area which would be approachable from many directions
and roadways.
Vehicular access within the District is affected by steep, hilly ter-
rain and many secondary ridge lines. Many streets are narrow and winding,
restricting the speed at which fire apparatus may safely respond and also
increasing the time lapse between fire detection and apparatus arrival,
during which a family will face the fire or other emergency on their own.
Of the approximately 189 streets in the District, 143 are dead-end
.streets, restricting the ease of relocating fire and rescue equipment from
.
one location to another, even though actual separating distance between
the two places may be minimal. In addition to restricting access routes
for fire apparatus, the dead-end streets also limit egress opportunities
for residents.
The commercial areas of the District were largely built long before
present code requirements existed. Consequently, the vast majority of
these structures do not meet even minimal standards for fire protection
and life safety. The wood frame construction of older buildings,
especially those in the commercial area, creates an adverse exposure
problem, not only in being easily ignited by an adjacent structure fire, but
also in contributing to the extension of fire to other buildings through
radiation, actual physical heat conduction and flying embers. Fire history
in the District has shown flying embers will start secondary fires after
being blown in the air.
The natural rocky shoreline of San Francisco Bay creates a situation
(particularly along Main Street and Paradise Drive) by which access to
buildings can only be made via one street. The front of the buildings are
essentially the only accessibility point for responding. Buildings
constructed along the waterfront and some actually on piers over the Bay,
create a situation where the presence of bay waters limits escape
opportunities from both residential and commercial occupancies alike.
Many of the nonconforming existing structures on Main Street are built
property line to property with no provisions for required fire separations
between the buildings. Approximately 3,200 dwelling units and
commercial buildings have been erected within the District over the past
century with more construction occurring each year.
The location of the District at one of the "ends" of the Marin.
Municipal Water District's gravity system, the lack of cross connected.
gridded water mains (due to Tiburon's existing street configurations) and
generalized water shortage in Marin County results in occasional
inadequate water volume and pressure for fire fighting purposes in certain
areas of the peninsula.
VEGETATION: Tiburon's semiarid Mediterranean-type climate
produces vegetation similar to that of most of Marin County, with specific
growth locale a result of topography and prevailing wind. The western
ridge exposure is primarily rye grass with occasional clumps of bay and
oak trees in the more sheltered pockets. The eastern slopes are heavily
wooded from shore to ridge with oak and bay trees and minor shrubs of the
general chaparral class.
. .
Expansion of the residential community into areas of heavier
vegetation has resulted in homes now existing in close proximity to dense
natural foliage. Often such dwellings are completely surrounded by highly
combustible vegetation compounding the fire problem from a conflagration
point of view.
Approximately half of all the structures in the District have costly
shingle or shake roofs. This very flammable material is highly
susceptible to ignition by embers from a wildland fire, furthering the
spread of fire to adjacent buildings.
As a result of the "Findings of Fact" which have identified the
various Climatic, Geographical and Topographical elements, the
requirements established by the Tiburon Fire Protection District within
the adopted Ordinance Number 117 are considered "REASONABLE AND
NECESSARY MODIFICATIONS" to the requirements established pursuant to
Health and Safety Code Section 17922 based on local conditions.
While it is clearly understood that the adoption of such regulations
may not prevent the incidence of fire. it is further noted that with the
implementation of these various regulations and/or requirements, the
severity and potential for loss of life and loss of property within the
District may be reduced.
SECTION VI. Severability. If any portion of this Ordinance or
the application thereof to any person or circumstance be held invalid, the
remainder of this Ordinance or the application thereof to other persons or
circumstances shall not be affected thereby, and to this end, the
provisions of this Ordinance are declared to be severable.
SECTION VII. Penalty. Any person violating any of the provisions
of this Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding five hundred dollars
($500.), or by imprisonment of a term not exceeding six (6) months, or by
both such fine and imprisonment. The imposition of one penalty for a
violation shall not excuse the violation or permit it to continue; and all
such persons convicted of such misdemeanors shall be required to correct
or remedy such violations or defects within a reasonable length of time;
and when not otherwise specified each ten days that prohibited conditions
or violations are maintained shall constitute a separate offense. The
application of the aforesaid penalty shall not be held to prevent the
enforced removal of prohibited conditions.
,
SECTION VIII. Repeal of Conflicting Ordinances. Ordinance Number
116 and all other ordinances inconsistent herewith the same be hereby
repealed.
SECTION. IX. Effective Date. This Ordinance shall become
effective upon its publication once in a newspaper of general circulation
within the District. The foregoing Ordinance was passed and adopted at a
regular meeting of the Board of Directors of the Tiburon Fire Protection
District, on the 13th. day of Dec.1995 by the following vote:
AYES: Commissioners.
NOES:
Signed:
Thomas Uhry, Pr ident of the Board
Ark Legal, Dec. 20, 1995