When an Automatic Fire Extinguishing System is required, the system in R-3 occupancies up to 12,000 square feet may be installed to a modified NFPA 13D standard as follows:
A modified NFPA 13D system shall include areas such as; garages, carports, bathrooms, concealed spaces, closets, water heater closets, laundry rooms and attic spaces, under walkways, overhangs or balconies over four feet in depth, at each floor under stair landing that is wholly or partially enclosed; and meet the following requirements:
1. A 1 inch water meter or larger may be required to meet AFES hydraulic calculations.
2. For new residences over 5,000 square feet, hydraulic calculations shall be required for all sprinkler heads in the most remote fire area up to a maximum of four sprinkler heads. For new residences of less than 5,000 square feet, hydraulic calculations shall be required for all sprinkler heads in the most remote area up to a maximum of 2 sprinkler heads.
3. 5 gallons per minute for domestic use shall be added at the domestic and fire water supply split point.
4. In residences with high, sloped, beamed, soffited, cathedral ceilings or smooth flat ceilings greater than nine feet, additional fire sprinkler head discharge calculations may be required.
5. Each system shall have a single control valve arranged to shut off both the domestic and sprinkler systems.
6. In residential sprinkler projects, the fire chief with the concurrence of the building official may grant alternate methods of construction.
Exceptions. This section does not apply to:
(a) Any structure exempt from permit requirements per the currently adopted California Building Code or the California Fire Code is exempt from the requirements for fire sprinklers.
(b) All exterior decks without roof covering adjacent to R-3 occupancies, unless otherwise required by the Fire Chief or Building Official. This exemption shall not apply to R-3 occupancies in the Wildland Urban Interface. 903.3.2 through 903.3.5.2 {CFC text not modified}
903.3.5.3 Underground water supply. The location of the fire department connection, post indicator valve and the routing of the water supply for multi-building facilities or buildings over 300,000 square feet shall be evaluated on an individual basis.
Underground fire lines to the automatic sprinkler risers and fire hydrants to buildings over 300,000 square feet shall have separate loops. The same 2 points of connection to the public water supply can be utilized with separate piping to each loop of each building. Post
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Indicator Valve (PIV) shall be located after each backflow preventer and a Fire Department Connection (FDC) sufficient to provide the fire flow demand after the PIV at 1 point of connection.
903.3.6 {CFC text not modified}
903.3.7 Fire department connections. A fire department connection shall be provided for all buildings, or when the Fire Code Official deems them necessary. The type and location of fire department connections shall be approved by the fire code official.
Exception: Group R-3 occupancies less than 12,000 square feet do not require fire department connections.
903.3.8 – 903.3.8.5 {CFC text not modified}
903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor. An exterior control valve shall be provided for all buildings except Group R, Division 3 occupancies.
Exception: Group R-2 without an interior hallway, R-3 and R-3.1. 903.3.10 Underground corrosion protection. A corrosion protection plan, including details and specifications for all ferrous underground piping must be designed and provided by a corrosion engineer certified by the National Association of Corrosion Engineers (NACE) or its equivalent.
Exception: underground piping systems with cathodic protection on all ferrous piping. 903.3.11 Control Valves. Control valves and flow switches shall be installed on each floor.
All control valves shall be monitored by a Central Station. 903.3.12 Stages. All stages shall be provided with an automatic fire extinguishing system.
Such systems shall be provided throughout the stage and in dressing rooms, workshops, storerooms and other accessory spaces contiguous to such stages. 903.3.13 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in all occupancies.
903.3.14 Speculative Warehousing. The sprinkler system shall be designed to discharge at the following rates:
1. Where clear ceiling heights are 20 feet or less, 0.33 gallons per minute, per square foot, over a minimum area of 3,000 square feet.
2. Where clear ceiling heights are between 20 and 30 feet, 0.495 gallons per minute, per square foot, over a minimum area of 3,000 square feet.
3. Where clear ceiling heights are over 30 feet, 0.60 gallons per minute, per square foot,
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over a minimum of 3,000 square feet.
903.3.15 Modification to existing automatic fire extinguishing system (AFES). All changes or additions to any existing automatic fire sprinkler systems or underground fire lines must comply with all regulations within this section.
903.4 {CFC text not modified}
Exceptions:
1. - 4. {CFC text not modified}
5. deleted
6. - 7. {CFC text not modified}
903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly and descriptively different, transmitted to the control panel, local annunciator and automatically transmitted to an approved central station, remote supervising station, or proprietary supervising station as defined in NFPA 72 and the most current version of Fire Department Standard 25A. When approved by the fire code official, signals may sound an audible signal at a constantly attended location.
Exceptions: {CFC text not modified}
903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarms devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system.
Audible notification devices shall be provided inside each tenant space in a normally occupied area and on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall activate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907.
Group R-3 occupancies shall have local alarms. Local alarms shall be of sufficient intensity to be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
1. An exterior alarm bell shall be installed on the front 1/3 of the building facing public or private street access.
2. Interior alarm devices (minimum DCBL rating of 88) may be recessed into the wall, centrally located between sleeping rooms in hallway.
3. Such alarms shall be audible in all sleeping rooms with doors closed. 903.4.3 {CFC text not modified}
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903.4.4 Central Station Monitoring. An approved central alarm monitoring company shall mean approved by the State Fire Marshal or a nationally recognized testing laboratory. All alarm transmitting devices and systems shall be installed and maintained in accordance with nationally recognized standards.
Valve supervision, water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary supervising station as defined by national standards or, when approved by the building official with the concurrence of the fire chief, sound an audible signal at a consistently attended location.
Exceptions:
(a) Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be supervised.
(b) Monitored systems are not required for Group R, Division 3 occupancies. 903.5 – 903.6 {CFC text not modified}
Sec. 15.35.160 Amendment to the 2022 CFC Section 904 (Alternative Automatic Fire-Extinguishing Systems).
Section 904 of the 2022 California Fire Code is amended as follows:
904.1 – 904.3.4 {CFC text not modified}
904.3.5 Monitoring. Where a building fire alarm system is installed, automatic fire- extinguishing systems shall be monitored by the building fire alarm system in accordance with NFPA 72 and Fire Department Standard 25A.
904.4 - 904.14.2 {CFC text not modified}
904.15 Ventilating Hood and Duct Systems and Air Handlers. All buildings with an existing or new fire alarm/sprinkler monitoring control panel shall interconnect all hood and duct systems and air handlers over 2000 cfm to the alarm panel. The hood and duct shall report to a central station as a fire condition. Air handlers shall report as a supervisory or trouble condition when the building is provided with fire sprinklers. They shall report as an alarm in buildings without fire sprinklers.
Sec. 15.35.170 Amendment to 2022 CFC Section 905 (Standpipes).
Section 905 of the 2022 California Fire Code is amended as follows:
905.1 {CFC text not modified}
905.1.1 Hose connections. All Class I, II and III standpipe outlets in multi-storied buildings or buildings with basements shall be installed on intermediate landings between floors.
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905.2 – 905.3.1 {CFC text not modified}
905.3.2 Group A. Class I standpipes shall be provided in Group A buildings having an occupant load exceeding 1,000 persons.
Exceptions:
1. {CFC text not modified}
2. deleted
905.3.3 – 906.10 {CFC text not modified}
Sec. 15.35.180 Amendment to the 2022 CFC Section 907 (Fire Alarm and Detection Systems).
Section 907 of the 2022 California Fire Code is amended as follows:
907.1 – 907.1.2 {CFC text not modified}
907.1.3 Equipment. Systems and their components shall be California State Fire Marshal listed and approved for the purpose for which they are installed. The building owner shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all fire alarm systems indicating that the system has been installed in accordance with the approved plans and specification and meets minimum NFPA Standards.
A copy shall be provided to the fire marshal's office at no cost to the city. Certification shall be required for all new systems installed after January 1, 1996. Existing systems that can no longer be serviced or maintained or those that are deemed problematic shall also be required to obtain this certification within 12 months of notification. 907.1.3.1 Remote Annunciator Location. All new or existing systems that require a new Fire Alarm Control Panel shall have a remote annunciator at the main entrance. It shall be visible to approaching emergency personnel.
907.1.4 – 907.1.5 {CFC text not modified}
907.2 {CFC text not modified}
Exceptions:
1. deleted
2. – 3. {CFC text not modified}
907.2.1 – 907.2.5.1 {CFC text not modified}
907.2.5.2 All new H occupancies, or existing H occupancies that require a new fire alarm control panel, and that have a local detection system(s) shall interconnect, or otherwise
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configure, the system(s) to report to a Central Station as a fire condition or alarm condition.
The report shall be in nomenclature easy to understand (e.g. Water, not H20). 907.2.6 – 907.2.29.1 {CFC text not modified}
907.3 Fire safety functions. Automatic fire detectors utilized for the purpose of performing fire safety functions shall be connected to the building’s fire alarm control unit where a fire alarm or sprinkler monitoring system is installed. Detectors shall, upon actuation, perform the intended function and activate the alarm notification appliance or activate a visible and audible supervisory signal at a constantly attended location when approved by the Fire Code Official. In buildings not required to be equipped with a fire alarm or sprinkler monitoring system, the automatic fire detector shall be powered by normal electrical service and, upon actuation, perform the intended function. The detectors shall be located in accordance with NFPA 72 and Fire Department Standard 25A.
907.3.1 Duct Smoke Detectors. Smoke detectors installed in ducts shall be listed for the air velocity, temperature and humidity present in the duct. Duct smoke detectors shall be connected to the building’s fire alarm control unit when a fire alarm/sprinkler monitoring is installed. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a central station or when approved by the Fire Code Official at a constantly attended location and shall perform the intended fire safety function in accordance with this code and the California Mechanical Code. Duct smoke detectors shall not be used as a substitute for required open area detection.
Exceptions:
1. The supervisory signal at a constantly attended location is not required where duct smoke detectors activate the building’s notification appliances.
2. In occupancies, not required to be equipped with a fire alarm or sprinkler monitoring system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location and shall be identified as air duct detector supervisory. 907.3.2 - 907.6.1.1 {CFC text not modified}
907.6.2 Power Supply. The primary and secondary power supply for the alarm system shall be provided in accordance with NFPA 72 and Fire Department Standard 25A.
Exception: {CFC text not modified}
907.6.3 Initiating device identification. The fire alarm/fire sprinkler monitoring system shall identify the specific initiating device address/zone, location, device type, floor level per the Fire Department Standard 25A including indication of normal, alarm, trouble and supervisory status as appropriate.
Exception:
1. deleted
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2. deleted
3. deleted
4. Fire alarm systems or devices that have multiple devices on a single zone and the existing wiring can be used with the new replacement system. 907.6.3.1 {CFC text not modified}
907.6.4 Zones. Fire alarm and sprinkler monitoring systems shall be divided into zones where required by this section. For the purposes of annunciation and notification, zoning shall be in accordance with Fire Department Standard 25A. 907.6.4.1 - 907.6.4.1.1 {CFC text not modified}
907.6.4.2 High-rise buildings. In high-rise buildings, and Group I-2 occupancies having occupied floors located more than 75 feet (22,860mm) above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided:
1. Smoke detectors.
2. Sprinkler water-flow devices.
3. Manual fire alarm boxes.
4. Other approved types of automatic fire detection devices or suppression systems in accordance with Fire Department Standard 25A.
907.6.4.3 {CFC text not modified}
1. Fire alarm initiating devices with individual annunciation in accordance with the Fire Department Standard 25A.
2. {CFC text not modified}
3. Fire alarm system troubles in accordance with the Fire Department Standard 25A.
4. {CFC text not modified}
5. {CFC text not modified}
907.6.4.4 - 907.6.5 {CFC text not modified}
907.6.6 Monitoring. Fire alarm system shall transmit distinctly and descriptively different alarm, supervisory and trouble signals to an approved supervising station in accordance with NFPA 72 and Fire Department Standard 25A or when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location.
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907.6.6.1 – 907.10 {CFC text not modified}
Sec. 15.35.190 Amendment to 2022 CFC Section 914 (Fire Protection Based on Special Detailed Requirements of Use and Occupancy).
Section 914 of the 2022 California Fire Code is amended as follows:
914.1 – 914.2.2 {CFC text not modified}
914.2.3 Emergency voice/alarm communication system. A covered mall building or buildings within the perimeter line of an open mall shall be provided with an emergency voice/alarm communication system. Emergency voice/alarm communication system serving a mall, required or otherwise, shall be accessible to the fire department. The system shall be provided in accordance with Section 907.5.2.2.
914.2.4 – 914.11.3 {CFC text not modified}
914.12 Building 4 stories or more. Buildings 4 stories or more measured from the Fire department access roadway shall be provided with an emergency voice/alarm communication system. Emergency voice/alarm communication system required or otherwise, shall be accessible to the fire department. The system shall be provided in accordance with Section 907.5.2.2
Sec. 15.35.200 Reserved.
Sec. 15.35.210 Amendment to 2022 CFC Section 4902 (Definitions).
Section 4902 of the 2022 California Fire Code is amended by modifying the following definitions in Section 4902.1. All other provisions of Section 4902 are not modified.
LOCAL RESPONSIBILITY AREA (LRA) means those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code Chapter
15.65. WILDLAND-URBAN INTERFACE is a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and includes those areas designated by the city of Fremont as Very High Fire Hazard Severity Zones in Fremont Municipal Code, Chapter 15.65.
Sec. 15.35.220 Amendment to 2022 CFC Section 4903 (Fire Protection Plans).
Section 4903 of the 2022 California Fire Code is amended as follows:
4903.1 {CFC text not modified}
4903.2 Contents. The fire protection plan shall be based on a project-specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climate and fire
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history. The plan shall identify conformance with all applicable state wildfire protection regulations, statutes and Fremont Municipal Code, Chapter 15.35.220, whichever are more restrictive.
The plan shall address fire department access, egress, road and address signage, fire protection systems and equipment, water supply in addition to fuel reduction in accordance with Public Resources Code (PRC) 4290; the defensible space requirements in accordance with PRC 4291 or Government Code 51182; and the applicable building codes and standards for wildfire safety. The plan shall identify mitigation measures to address the project’s specific wildfire risk and shall include the information required in Section 4903.2.1. 4903.2.1 – 4903.2.1.2 {CFC text not modified}
4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.
Sec. 15.35.230 Amendment to 2022 CFC Section 4905 (Wildfire Protection Building Construction).
Section 4905 of the 2022 California Fire Code is amended as follows:
4905.1 - 4905.2 {CFC text not modified}
4905.3 Establishment of limits. The establishment of limits for the Wildland-Urban Interface (WUI) Fire Area’s required construction methods shall be designated under the California Public Resources Code for the State Responsibility areas and by the areas designated as Very High Fire Hazard Severity Zones by the city of Fremont under Government Code Section 51179 as set forth in Fremont Municipal Code, Chapter 15.65 for areas outside the State Responsibility areas and within the city of Fremont.
Sec. 15.35.240 Reserved.
Sec. 15.35.250 Amendment to 2022 CFC Section 5001 (General).
Section 5001 of the 2022 California Fire Code is amended as follows:
5001.1 –5001.5 {CFC text not modified}
5001.5.1 {CFC text not modified}
1. – 9. {CFC text not modified}
10. The HMMP, also known as the Hazardous Materials Business Plan (HMBP) and HMIS are to be reviewed at a minimum of once per year and any needed changes made and submitted to the fire chief as provided in Fremont Municipal Code Section
8.35.010 et seq. Major changes to the facility may require updating of the HMBP and HMIS more often than annually.
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11. If the chief, or his authorized representative, determines that a facility poses a significant likelihood of risk to public health and safety or the environment, whether or not the facility handles regulated materials (federal and state RMP chemicals), the fire chief can require at the expense of the owner or operator that the facility prepare a California Accidental Release Prevention Program in accordance with the California Health and Safety Code Sections 25500 et seq.
The HMMP shall comply with Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4.
5001.5.2 {CFC text not modified}
Sec. 15.35.260 Amendment to 2022 CFC Section 5003 (General Requirements).
Section 5003 of the 2022 California Fire Code is amended as follows:
5003.1 – 5003.2.4 {CFC text not modified}
5003.2.4.1 Underground Tanks. Underground tanks used for the storage of liquid hazardous material shall be provided with secondary containment. In lieu of providing secondary containment for an underground tank, an above-ground tank in an underground vault complying with Section 5704.2.8 may be permitted.
Underground tanks shall also comply with the laws and regulations set forth in Chapter 6.7, Division 20, Sections 25280 through 25299.7, Underground Storage of Hazardous Substances, of the California Health and Safety Code and the associate regulations in the California Code of Regulations Title 23, Waters, Chapter 3, Water Resources Control Board, subchapter 16, Underground Tank Regulations, as amended, are adopted by reference to be the minimum standards in effect in the city. The city can require more stringent standards through other sections of this Code.
5003.2.4.2 – 5003.2.9.2 {CFC text not modified}
5003.2.10 Fire Protection for Workstations. When the building is protected by an automatic fire protection system, an approved fire protection system in accordance with Section 2703.10 shall be provided for all combustible (plastic) workstations where hazardous materials are dispensed, stored or used.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification and where aggregate quantities of flammable liquids in use or storage within the cabinet do not exceed 500ml.
The chief may approve alternate automatic fire-extinguishing systems. Activation of such systems shall deactivate the related processing equipment. An alternative automatic fire- extinguishing system other than automatic fire sprinkler heads may be installed where:
1. In process equipment that operates at temperatures exceeding 932 degrees F (500 degrees C).
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2. In exhaust ducts 10 inches (254 mm) or less in diameter for flammable gas storage cabinets that are part of a workstation.
5003.3 – 5003.5 {CFC text not modified}
5003.5.1 Markings. Individual containers, cartons or packages shall be conspicuously marked or labeled in an approved manner. Rooms or cabinets containing compressed gases shall be conspicuously labeled: COMPRESSED GAS. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
5003.6 –5003.9.10 {CFC text not modified}
5003.9.11 Monitoring. Liquid and solid hazardous materials storage or use systems must be monitored on a regular or continuous basis. A written monitoring plan must be submitted for approval by the chief and must be included in the Hazardous Materials Business Plan.
Monitoring methods may include but are not limited to the following:
1. Visual inspection, no less than monthly (requires trained personnel and documentation).
2. Approved continuous leak detection and alarm system.
3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the chief.
5003.9.12 Spill Control for hazardous materials liquids. Regardless of the exempt amounts and containment requirements in Chapter 50, all containers of liquid hazardous materials regulated by this or any other article shall be provided with an approved means to control spills. The spill control shall take into consideration the amount and hazard of the materials and the nature of the facility.
5003.9.13 Secondary Containment requirements. When deemed necessary to protect life safety, emergency responders, or the environment and regardless of the exempt amounts and secondary containment requirements in Chapter 50, the fire chief, or his designee, may require containers of liquid, solid, or gaseous hazardous materials regulated by this or any other article to be provided with secondary containment in accordance with Section 5004.2.2.
If parts of this Code differ in their requirements for secondary containment, the more stringent shall apply. The chief may require outside containment areas to be covered with a roof or canopy for protection from the environment.
5003.10 – 5003.12 {CFC text not modified}
Sec. 15.35.270 Amendment to 2022 CFC Section 5004 (Storage).
Section 5004 of the 2022 California Fire Code is amended as follows:
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5004.1 Scope. Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003, and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11.
Notwithstanding CFC Chapter 50, hazardous materials present below the exempt amounts specified in Section 5003.1 shall be provided with an approved method of spill protection designed to address a release from the single largest container. The spill protection shall take into consideration the amount and hazard of the materials and the nature of the facility. 5004.2 {CFC text not modified}
5004.2.1 Spill control for hazardous materials liquids. Rooms, buildings or areas used for the storage of hazardous materials in excess of their permit amount or 55 gallons, whichever is less, 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 locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings that are provided with an open-grate trench across the opening that connects to an approved collection system.
5004.2.2 Secondary containment for hazardous materials liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section when the capacity of an individual vessel or the aggregate capacity of multiple vessels exceeds the following:
1. Liquids: Capacity of an individual vessel exceeds 55 gallons (208.2L) or the aggregate capacity of multiple vessels exceeds 1,000 gallons (3,785L); and
2. Solids: Capacity of an individual vessel exceeds 550 pounds (248.8 kg) or the aggregate capacity of multiple vessels exceeds 10,000 pounds (4,524.8 kg).
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5004.2.2.1 Containment and drainage methods. The building, room or area shall contain or drain the hazardous materials and fire-protection water through the use of 1 of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor locations or similar areas in outdoor locations provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems.
4. Drainage systems leading to an approved location.
5. Other approved engineered systems.
5004.2.2.2 Incompatible materials. Incompatible materials shall be separated from each other in discrete secondary containment system(s).
5004.2.2.3 – 5004.2.2.6 {CFC text not modified}
5004.2.2.7 Weather protection. The chief may require weather protection for exterior storage and containment of hazardous materials.
Table 5004.2.2 (Required Secondary Containment-Hazardous Materials Solids and Liquids Storage) is deleted.
5004.2.3 – 5004.13 {CFC text not modified}
Sec.15.35.280 Amendment to 2022 CFC Section 5005 (Use, Dispensing and Handling).
Section 5005 of the 2022 California Fire Code is amended as follows:
Table 5005.2.1.4 (Required Secondary Containment-Hazardous Liquids Use) is deleted. 5005.1 – 5005.2.1.2 {CFC text not modified}
5005.2.1.3 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed into vessels or used in open systems shall be provided with spill control in accordance with Section 5004.2.1. 5005.2.1.4 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are dispensed or used in open vessels or systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:
1. Individual Vessel or System: Greater than 1.3 gallons (5 L)
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2. Multiple Vessels or Systems: Greater than 5.3 gallons (20 L) 5005.2.2 – 5005.2.2.2 {CFC text not modified}
5005.2.2.3 Spill control for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used shall be provided with spill control in accordance with Section 5004.2.1.
5005.2.2.4 Secondary containment for hazardous materials liquids. Buildings, rooms or areas where hazardous materials liquids are used in vessels or systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:
1. Individual Vessel or System: Greater than 55 gallons (208.2 L)
2. Multiple Vessels or Systems: Greater than 1,000 gallons (3785 L) 5005.3 – 5005.3.3 {CFC text not modified}
5005.3.4 Spill control for hazardous materials liquids in open systems. Outdoor areas where hazardous materials liquids are dispensed or used in open systems shall be provided with spill control in accordance with Section 5004.2.1.
5005.3.5 Secondary containment for hazardous materials liquids in open systems. Buildings, rooms or areas where hazardous materials liquids are dispensed or used in open systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:
1. Individual Vessel or System: Greater than 1.3 gallons (5 L)
2. Multiple Vessels or Systems: Greater than 5.3 gallons (20 L) 5005.3.6 Spill control for hazardous materials liquids in closed systems. Outdoor areas where hazardous materials liquids are used in closed systems shall be provided with spill control in accordance with Section 5004.2.1.
5005.3.7 Secondary containment for hazardous materials liquids in closed systems. Outdoor areas where hazardous materials liquids are dispensed or used in closed systems shall be provided with secondary containment in accordance with Section 5004.2.2 when the capacity of an individual vessel or system or the capacity of multiple vessels or systems exceeds the following:
1. Individual Vessel or System: Greater than 55 gallons (208.2 L)
2. Multiple Vessels or Systems: Greater than 1,000 gallons (3785 L)
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5005.3.8 – 5005.4.4 {CFC text not modified}
Sec. 15.35.290 Amendment to 2022 CFC Section 5601 (General).
Section 5601 of the 2022 California Fire Code is amended as follows:
5601.1 – 5601.1.2 {CFC text not modified}
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
Exceptions:
1. deleted
2. deleted
3-4. {CFC text not modified}
5601.1.4 – 5601.8.1.4 {CFC text not modified}
Sec. 15.35.300 Amendment to 2022 CFC Section 5605 (Manufacture, Assembly and Testing of Explosives, Explosive Materials and Fireworks).
Section 5605 of the 2022 California Fire Code is amended to read:
5605.1 General. The manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall be prohibited.
Exceptions:
1. The hand loading of small arms ammunition prepared for personal use and not offered for resale.
2. The mixing and loading of blasting agents at blast sites in accordance with NFPA495.
3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126.
4. Possession, storage, handling and use of explosives for test and research purposes as permitted and approved by the fire chief.
5605.2 – 5605.2.4 {CFC text not modified}
5605.3-5605.4 deleted
5605.5 {CFC text not modified}
Exception: deleted
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5605.5.1-5605.6.10 {CFC text not modified}
5605.7 deleted
5605.8-5605.9 {CFC text not modified}
Sec. 15.35.310 Amendment to 2022 CFC Section 5701 (General).
Section 5701 of the 2022 California Fire Code is amended as follows:
5701.1 – 5701.4 {CFC text not modified}
5701.4.1 Plans. Plans shall be submitted with each application for a permit to store liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, access ways, fire- protection facilities, and provisions for spill control and secondary containment.
All plans and specifications shall be prepared and wet stamped by a fire protection engineer, professional engineer, architect or similarly registered individual. 5701.5 {CFC text not modified}
Sec. 15.35.320 Amendment to 2022 CFC Section 5703 (General Requirements).
Section 5703 of the 2022 California Fire Code is amended as follows:
5703.1 –5703.6.11 {CFC text not modified}
5703.6.12 Monitoring. Flammable and combustible liquid storage or use systems must be monitored on a regular or continuous basis. A written monitoring plan must be submitted for approval by the chief and must be included in the Hazardous Materials Business Plan.
Monitoring methods may include but are not limited to the following:
1. Visual inspection, no less than monthly.
2. Continuous leak detection and alarm system.
3. Any system which will provide continuous, reliable monitoring of the primary container(s) capable of alerting occupants to an alarm or trouble condition; all systems are subject to approval by the fire chief.
Sec 15.35.330 Amendment to 2022 CFC Section 5705 (Dispensing, Use, Mixing and Handling).
Section 5705 of the 2022 California Fire Code is amended as follows:
5705.1 – 5705.3.7.5.2 {CFC text not modified}
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5705.3.7.5.3 Spill Control and Secondary Containment. Spill control shall be provided in accordance with Section 5703.4 when flammable or combustible liquids are dispensed into containers or mixed or used in open containers or systems. Spill control and secondary containment shall be provided in accordance with Section 5703.4 when the capacity of an individual container exceeds 1.3 gallon (5L) or the aggregate capacity of multiple containers or tanks exceeds 5.3 gallons (20L).
5705.3.7.6 – 5705.3.7.6.2 {CFC text not modified}
5705.3.7.6.3 Spill Control and Secondary Containment. Spill control shall be provided in accordance with Section 5703.4 when flammable or combustible liquids are dispensed, used or mixed. Spill control and secondary containment shall be provided in accordance with Section 5703.4 when the capacity of an individual container exceeds 55 gallons (208L) or the aggregate capacity of multiple containers or tanks exceeds 1,000 gallons (3785L). 5705.3.8 – 5705.5.1 {CFC text not modified}
Sec. 15.35.340 Amendment to 2022 CFC Section 6004 (Highly Toxic and Toxic Compressed Gases).
Section 6004 of the 2022 California Fire Code is amended as follows:
6004.1 General. The storage and use of highly toxic and toxic compressed gases and those with health hazard rankings of 3 or 4 in accordance with NFPA 49 or NFPA704 shall comply with this section.
6004.1.1 –6004.1.1.3 {CFC text not modified}
6004.1.1.4 Other areas of Group B, F, M, S or L occupancies. Storage, use, and handling of highly toxic and toxic compressed gases shall comply with the following:
1. When located inside, highly toxic and toxic compressed gases shall be permitted, stored or used only when located within approved gas cabinets, exhausted enclosures, or gas rooms. See also Sections 6004.1.2, 6004.1.3, and 6004.2.2.6.
Exceptions:
1.1 Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) are allowed in gas cabinets or fume hoods.
1.2 Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) are allowed in gas cabinets, fume hoods or approved tools designed for their use.
2. When located outside, and when approved by the fire chief, highly toxic and toxic compressed gases shall be kept under a canopy in accordance with 6004.3.
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6004.1.2 – 6004.1.3 {CFC text not modified}
6004.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
6004.1.5 Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or other approved monitoring station, which is continually staffed by trained personnel. 6004.1.6 Maximum Allowable Quantity. Toxic gases stored or used in quantities exceeding the maximum allowable quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 6004 of this Code.
6004.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible when possible; otherwise, they shall be installed as close as possible to the cylinder source. A lecture bottle is defined as a 3E cylinder, meeting the specifications outlined in 49 CFR 178.42, having a diameter of less than 2 inches, a length of less than 2 feet and service pressure of 1800 psig. 6004.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested according to the manufacturers specification, but not less than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the Fire Department for inspection upon request. 6004.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic or toxic gases are stored, handled or used shall be in
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accordance with Section 5004.5.
6004.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations.
Manual activated shut-off valves shall be of a “fail-safe-to-close” design. 6004.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area. 6004.1.12 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire chief.
6004.1.13 Emergency Response Team. Responsible persons shall be designated the on-site emergency response team and trained to be liaison personnel for the Fire Department. These persons shall aid the Fire Department in preplanning emergency responses, identifying locations where regulated materials are stored, handled and used, and be familiar with the chemical nature of such material. An adequate number of personnel for each work shift shall be designated.
6004.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall be conducted on a regular basis but not less than once every 3 months. Records of drills conducted shall be maintained.
6004.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.
6004.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than 1 gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand.
Exceptions:
1. Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets or fume hoods.
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2. Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets, fume hoods or approved tools designed for their use. 6004.1.17 Seismic Shutoff Valve. An automatic seismic shutoff valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, and toxic gases upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.
Exceptions:
1. Cylinders of compressed gases with a health hazard ranking of 4 and with a capacity not exceeding 10 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets or fume hoods.
2. Cylinders of compressed gases with a health hazard ranking of 3 and with a capacity not exceeding 20 cubic feet at normal temperature and pressure (NTP) when used in gas cabinets, fume hoods or approved tools designed for their use. 6004.2 – 6004.2.2.6 {CFC text not modified}
6004.2.2.7 {CFC text not modified}
Exceptions: deleted
6004.2.2.7.1 - 6004.2.2.7.5 {CFC text not modified}
6004.2.2.8 {CFC text not modified}
Exceptions:
1. Emergency power is not required for mechanical exhaust ventilation, treatment systems, and temperature control systems where approved fail-safe systems are installed.
2. When the aggregate quantities of toxic or highly toxic gases do not exceed the maximum allowable quantities set forth in Tables 5003.1.1 (2) and 5003.1.1 (4). 6004.2.2.8.1 – 6004.3.2.4 {CFC text not modified}
6004.3.3 Outdoor Storage Weather Protection for Portable Tanks and Cylinders. Weather protection in accordance with Section 5004.13 and this section shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures.
The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5.
Exception: deleted
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6004.3.3.1 Gas Detection Under Canopies. Gas detection in conformance with 6004.2.2.10 shall be provided when the maximum rate of release from a cylinder or tank could result in gas levels above the accepted permissible exposure level at the property line. 6004.3.4 – 6004.3.4.3 {CFC text not modified}
Sec. 15.35.350 Amendment to 2022 CFC Chapter 80 (Referenced Standards). (a) The reference standards in Chapter 80 of the 2022 California Fire Code are amended as provided in this section.
(b) NFPA 13-22 is amended to read:
2.2 – 9.2.1.16 {CFC text not modified}
9.2.3.1 Sprinklers shall be installed under exterior canopies, roofs, porte-cocheres, balconies, decks, or similar projections exceeding 4 feet in depth.
9.2.3.2 - Sprinklers shall be installed under exterior projections exceeding 4 feet in depth.
9.3.19.1. Sprinklers shall be installed under exterior canopies, roofs, porte-cocheres, balconies, decks, or similar projections exceeding 4 feet in depth.
9.2.3.3 – 9.2.6.1.1 {CFC text not modified}
9.3.19.1 Sprinklers shall be installed under exterior projections exceeding 4 feet in depth.
A9.3.19.2 {CFC text not modified}
9.3.19.3 (2) Solar Photovoltaic (PV) panels supported by non-combustible framing.
16.9.3.1.3.5 – 29.6.1 {CFC text not modified}
(c) NFPA 13D-22 is amended to read:
5.1.1.2 A spare sprinkler of each type and their specialized sprinkler wrench shall be installed in a spare head box located near the riser, hot water heater, furnace or in locations approved by the Fire Code official.
6.2.2 Water Supply Sources. When approved by the Fire Code Official and the requirements are met, the following water supply sources shall be considered to be acceptable by this standard.
1. A connection to a reliable waterworks system with or without an automatically operated pump.
2. An elevated tank.
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3. A pressure tank designed to American Society of Mechanical Engineers (ASME) standards for the pressure vessel with a reliable pressure source.
4. A stored water source with an automatically operated pump.
5. A well with a pump of sufficient capacity and pressure to meet the sprinkler system demand. The stored water requirement of 6.1.2 or 6.1.3 shall be permitted to be a combination of the water and the well (including the refill rate) plus the water in the holding tank if such tank can supply the sprinkler system.
6.2.2.1 – 6.2.4 {CFC text not modified}
8.3.4 – Deleted
(d) NFPA 13R-22
6.6.10.1 (2) Solar Photovoltaic (PV) panels supported by non-combustible framing. (e) NFPA 14-22 is amended to read:
6.3.7.1 System Water Supply valves, isolation control valves and other valves in fire mains shall be supervised in an approved manner in an open position by 1 of the following approved methods:
1. Where a building has a fire alarm system or a sprinkler monitoring system installed, the valve shall be supervised by:
(a) A central station, proprietary or remote supervising station. (b) Deleted
1.2. When a building does not have a fire alarm system or a sprinkler monitoring system installed, the valve shall be supervised by:
(a) Locking the valves in the open position or
(b) Sealing valves in an approved weekly recorded inspection where valves are located within fenced enclosures under the control of the owner. (f) NFPA 16-19 through 20-19 {CFC text not modified}
(g) NFPA 24-19 is amended to read:
4.2.1 – 6.5.1 {CFC text not modified}
6.6.1.1 – deleted
[6.6.1.2 – 10.9.1{CFC text not modified}
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(h) NFPA 25-13 CA through 70-20 {CFC text not modified} (i) Section NFPA 72 is amended to read:
10.3.1 – 23.8.1.2.1 {CFC text not modified}
23.8.5.1.2 – Exception deleted
23.8.5.4.1 –29.10.6.8.1{CFC text not modified}
(j) NFPA 76-16 through 62368-1-2014 {CFC text not modified} Sec. 15.35.360 Supplemental Fire Protection Standards.
The provisions of Fremont Municipal Code Title 15 (Building Regulations and Construction), Chapter 15.60 (Automatic Fire Extinguishing Systems Retrofit Requirements for Certain Types of Apartment Buildings) known as the Fremont Central Corridor Retrofit Ordinance amend the 2022 California Building and Fire Codes as adopted by this Chapter.
Sec. 15.35.370 Location limitations on the storage of explosive, combustible or flammable materials.
(a) Explosive, combustible or flammable materials. The storage of the explosive, combustible or flammable materials listed below is prohibited in all locations within the city of Fremont except as provided in subsections (b) and (c). (1) Flammable or combustible liquids in outside aboveground tanks (see CFC Chapter 57).
(2) Bulk storage of liquefied petroleum gas (see CFC Chapter 61). (3) Explosives and blasting agents (see CFC Chapter 56). (4) Compressed natural gas (see CFC Chapter 53 and NFPA 52). (5) Flammable cryogenic fluids in stationary containers (see CFC Chapter 55). (b) Location limitations. The materials listed in subsection (a) may be stored in the following districts. The zoning districts listed in this subsection are defined in Title 18 of the Fremont Municipal Code.
(1) I-S Service Industrial District).
(2) I-T (Technology Industrial District).
(3) G-I (General Industrial District).
(4) A (Agricultural District).
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(5) A (F) (Agricultural with Flood Combining District). (c) Aboveground Class I, II or III-A storage tanks. Aboveground Class I, II or III-A flammable or combustible liquid storage tanks may be allowed when the installation of underground tank(s) is impractical or because of property or building limitations. The tank area may be used for private and governmental fleets, construction vehicles, waste oil storage, and any situation where the fire chief deems it would create a safer condition. Tanks shall not be approved for service stations or other commercial retail applications.
Exception: Alternative fuel installations may be approved via a Conditional Use Permit issued pursuant to the process set forth in Chapter 18.230 The fire chief or his designee shall have the sole discretion to prohibit use of these tanks based on the safety of the public.
Sec. 15.35.380 Staffing Standards Not Adopted.
Notwithstanding any other provision of this Article, or any provision contained in the 2022 California Fire Code, the International Fire Code, or the standards established by the National Fire Protection Association (NFPA), staffing standards are not established by this Article and any direct or indirect reference by any document incorporated by reference by this Article pertaining to staffing standards is expressly excluded and not adopted by this Article.
SECTION 3. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be enforced beginning January 1, 2023.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, 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. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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SECTION 6. PUBLICATION OF SUMMARY
The City Attorney has prepared a summary of this ordinance under Government Code Section 36933(c). The City Clerk has caused the summary to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the summary to be published again with the names of those City Council members voting for and against the ordinance and shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of_______________, 2022, and finally adopted at a regular meeting of the City Council held on the ____ day of _______________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
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3300 Capitol Avenue Div/Dept: City Council
Fremont, CA 94538 Category: Council Referrals & Appointments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4743) DOC ID: 4743
Updated: 10/24/2022 11:41 AM by Susan Gauthier Page 1
MAYOR MEI REFERRAL: Appointment to Advisory Body
Contact Persons:
Name: Lily Mei
Title: Mayor
Div/Dept: City Council
Phone: 510-284-4011
E-Mail: [email protected]
MAYOR MEI REFERRAL: Appointment to Advisory Body.
ATTACHMENTS:
• Economic Development Advisory Commission Application
Appointment:
Advisory Body Appointee Term Expires
Economic Development Advisory Commission Kari Paige 12/31/2022 (Commercial / Industrial)
RECOMMENDATION: Approve appointment.
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