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ATT 2 - Chapter 14 Fire Code Ordinance

Mountain View City Council
November 1, 2022

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ATT 2 - Chapter 14 Fire Code Ordinance
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November 1, 2022
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Mountain View City Council
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Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

Attachment 2
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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW
AMENDING CHAPTER 14, ARTICLES I AND II, OF THE MOUNTAIN VIEW CITY CODE, RELATING TO THE ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE,

INCORPORATING BY REFERENCE THE AMENDMENTS ADOPTED BY THE STATE OF CALIFORNIA TO ESTABLISH THE 2022 CALIFORNIA FIRE CODE

THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 . Chapter 14 of the Mountain View City Code is hereby amended to read as follows:

“CHAPTER 14

FIRE PREVENTION

ARTICLE I.

FIRE PREVENTION CODE

SEC. 14.10.1. - Adoption of the International Fire Code and the California Fire Code.

The city hereby adopts for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion , that certain code known a s the International Fire Code, 202118 Edition, including Appendices B, BB, F and N of the International Fire Code, with the amendments adopted by the State of California, to establish the California Fire Code, 202219 Edition, published by the International Code Council, Inc., thereof and the whole thereof, save and except such portions as are hereinafter changed, deleted, modified or amended, as defined in California Fire Code Section 1.1.8. A copy of said code has been and is now filed in the office of the fire marshal of the City of Mountain View, and the same, as amended herein, is hereby adopted by reference and incorporated as fully as if set out at length herein, and from the date on which this sSection shall take effect, the provisions thereof shall be controlling within the limits of the City of Mountain View.

SEC. 14.10.2. - Definitions.

a. Wherever the word “municipality” is used in the California Fire Code, it shall mean the city.

b. Wherever the term “corporation counsel” is used in the California Fire Code, it shall mean the city attorney.

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c. “Fire and environmental protection division ” includes those employees of the fire department who have the duty of enforcing this code in accordance with and pursuant to California Penal Code Sections 830.37 , 836.5 and 853.6 , to arrest persons for violations of such ordinances or statutes and issue notice to appear citations as provided by law. Within the Mountain View city limits, this term shall refer to the fire prevention personnel, hazardous materials personnel, fire marshal and other fire department personnel so designated by the fire chief.

SEC. 14.10.3. - Section 101.6 added—Scope and general requirements; Fire protection.

Section 101.6 is added to the California Fire Code, to read as follows:

101.6. Fire protection. The adoption of this code is a reflection of levels of protection of “built-in” fire protection equipment which shall be required in order to provide an adequate level of fire protection to the community at a reasonable cost. Anyone constructing or using properties or processes or engaging in other activities which constitute a potentially higher demand on fire department staffing requirements than are planned for may be required to install automatic fire extinguishing systems, fire protection equipment or such other safeguards that will make it possible to provide an adequate fire protection service with the city ’s normal fire department capability.

SEC. 14.10.4. - Section 102.10 amended—Applicability; Conflicting provisions.

Section 102.10 of the California Fire Code is amended to read as follows:

102.10. Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where there is a conflict between requirements in this code and requirements in other local, state or federal laws, regulations or ordinances, the more restrictive shall be applicable.

SEC. 14.10.5. - Repealed.Section 105.6.8 deleted—Permits.

Section 105.6.8 of the California Fire Code is deleted.

SEC. 14.10.6. - Repealed.Table 105.6.10 deleted—Permits.

Table 105.6.10 of the California Fire Code is deleted

SEC. 14.10.7. - Repealed.Table 105.6.20 deleted—Permits.

Table 105.6.20 of the California Fire Code is deleted

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SEC. 14.10.8. - Section 105.6.10 amended—Permits; Cryogenic fluids.

Section 105.6.10 of the California Fire Code is amended to read as follows:

105.6.10. Cryogenic fluids. An operational permit is required to store, handle or use cryogenic fluids in aboveground tanks.

SEC. 14.10.9. - Section 105.6.816 amended—Permits; Flammable and combustible liquids.

Section 105.6.816 of the California Fire Code is amended to read as follows:

105.6.168. Flammable and combustible liquids. An operational permit is required:

1. To store, handle or use flammable or combustible liquids in any quantity in aboveground or belowground storage tanks.

2. To engage in on-demand mobile fueling operations in accordance with Section 5707.

3. To utilize a site for on -demand mobile fueli ng operations in accordance with Section 5707.

SEC. 14.10.10. - Section 105.6.1220 amended—Permits; Hazardous materials.

Section 105.6.20 12 of the California Fire Code is amended to read as follows:

105.6.2012. Hazardous materials. An operational permit is required to store, transport on- site, dispense, use or handle hazardous materials in excess of Mminimum Qquantities as specified in Mountain View City Code Chapter 24.

SEC. 14.10.11. - Section 105.5.546.51 amended—Permits; Additional permits.

Section 105.5.546.51 of the California Fire Code is amended to read as follows:

105.5.546.51 Additional permits. In addition to the permits required by Section 105.6, the following operational permits shall be obtained from the fire prevention bureau prior to engaging in the following uses, activities, operations, practices or functions:

1. Temporary haunted house, ghost walks and similar amusements.

2. High-rises. High-rise buildings as defined in Health and Safety Code Section 13210 and California Building Code.

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3. Licensed facilities. To operate a state -licensed facility, including, but not limited to, community care, residential care for the elderly and day care.

4. Private educational Group E occupancies.

SEC. 14.10.12. - Section 1076 amended—Fees; Local fees.

Section 1076 of the California Fire Code is amended to read as follows:

1076. Local fees.

1. The fees for the primary inspection, first reinspection and any inspection thereafter shall be established by council resolution.

2. The fees for special inspections of temporary installations/events shall be established by council resolution. These sha ll include, but not be limited to: fireworks displays, pyrotechnic displays, temporary membrane structures (tents, canopies); carnivals, parades, fairs, haunted houses, Christmas tree lots, and pumpkin patches.

3. The fees for fire permits, as described in Chapter 1, Section 105, of the California Fire Code as locally amended, shall be established by council resolution.

4. Late fees (paid after permit expiration date) for fire permits, as described in Chapter 1, Section 105 , of the California Fire Cod e as locally amended, shall be established by council resolution.

5. Maintenance fees for fire protection, extinguishing systems or public safety communication systems shall be established by council resolution. These shall include, but not be limited to: fire alarm systems, sprinkler systems, standpipe systems, hood and duct systems, private fire hydrants, emergency responder radio communication coverage systems (ERCCDAS) or other similar systems.

6. The fee for preventable false fire alarms shall be established by council resolution.

7. The fee for plan review shall be established by council resolution.

SEC. 14.10.13. - Section 202, amended—Definitions.

Section 202 of the California Fire Code is amended to include add the following definitions:

Corrosive Liquid is:

1. Any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or NB/6/ORD/806-11-01-22o-so -5-

2. Any liquid having a pH of 2 or less or 12.5 or more; or

3. Any liquid classified as corrosive by the U.S. Department of Transportation; or

4. Any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations Section §66261.22.

Moderately Toxic Gas is a chemical or substance that has a median lethal concentration (LC50) in air more than two thousand (2,000) parts per million, but not more than five thousand (5,000) parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between two hundred (200) and three hundred (300) grams each.

Other Health Hazard Material is a hazardous material which affects target organs of the body, including, but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, ac t on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage) or teratogens (effects on fetuses). Other health hazard materials include carcinogens and radioactive materials. See also California Fire Code Section 202—Health Hazard.

Sensitizer is a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical.

Spill Control is that level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container, and prevents the material from spreading to other parts of the room.

Temporary shall mean not to exceed one (1) year.

Workstation. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workst ation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.

Workstation is a defined space or independent principal piece of equipment using hazardous materials with a hazard rating of three ( 3) or higher as ranked by NFPA 704 where a specific function, laboratory procedure or research activity occurs. Approved or listed haza rdous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and o ther processing and scientific equipment.

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SEC. 14.10.14. - Section 503.2.1 amended—Fire apparatus access roads; Dimensions.

Section 503.2.1 of the California Fire Code is amended to read as follows:

503.2.1. Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty (20) feet (6,096 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4,115 mm). Unobstructed width shall mean a clear travel way, excluding parking width and designed for emergency vehicle weight. It shall not include the width of rolled curbs, sidewalks or nondrivable surfaces.

Where buildings or portions of buildings or facilities have floors used for human occupancy located more than thirty (30) feet above the access road, the minimum unobstructed width shall be increased to twenty -six (26) feet for aerial fire apparatus access. At least one (1) of the required access roads meeting this requirement shall be located within a minimum of fifteen (15) feet and a maximum of thirty (30) feet from the building , and shall be positioned parallel to one (1) entire side of the building.

SEC. 14.10.15. - Section 503.2.2 amended—Fire apparatus access roads; Authority.

Section 503.2.2 of the California Fire Code is amended to read as follows:

503.2.2. Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and/or vertical clearance where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.

SEC. 14.10.16. - Section 503.2.4 amended—Turning radius.

Section 503.2.4 of the California Fire Code is amended to read as follows:

503.2.4. Turning radius. The inside turning radius of a fire apparatus access road shall be a minimum of twenty-one (21) feet.

SEC. 14.10.17. - Section 504.5 added —Access to bu ilding openings and roofs; Access control devices.

Section 504.5 is added to the California Fire Code, to read as follows:

504.5. Access control devices. When access control devices, including bars, grates, gates, electric or magnetic locks or simila r devices are installed, which would inhibit rapid fire department emergency access within and throughout the building, such devices shall be approved by the fire chief or his/her designee. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire chief or his/her designee.

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Access control devices shall also comply with Chapter 10, Egress.

SEC. 14.10.18. - Section 505.1 amended—Premises identification; Address identification.

Section 505.1 of the California Fire Code is amended to read as follows:

505.1. Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetica l letters.

Numbers shall be a minimum of six (6) inches (152.4 mm) high with a minimum stroke width of one-half (0.5) inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

EXCEPTION: For R -3 occupancies, address numbers shall be a minimum of four (4) inches high with a minimum strike width of one-half (0.5) inch.

SEC. 14.10.19. -– Section 507.5 amended—Fire hydrant systems.

Section 507.5 of the California Fire Code is amended to read as follows:

507.5. Fire hydrant systems. Fire hydrant systems shall comply with the City of Mountain View public works department’s Standard Provisions and Standard Details and Sections 507.5.2 through 507.5.6.

SEC. 14.10.20. - Section 507.5.1.1 deleted—Hydrant for standpipe systems.

Section 507.5.1.1 of the California Fire Code is deleted.

SEC. 14.10.21. - Section 509.3 added—Fire-protection equipment and fire hydrants.

Section 509.3 is added to the California Fire Code, to read as follows:

509.3. Fire-protection equipment and fire hydrants. Fire-protection equipment and fire hydrants shall be clearly identified in an approved manner and maintained unobstructed. Fire department connections (FDCs) and system control valves shall also be identified by their function and occupancy(ies)/address(es) they serve.

When required by the fire chief, hydrant locations shall be identified by installation of reflective markers.

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SEC. 14.10.22. - Section 510.4.2. amended—System design.

Section 510.4.2. of the California Fire Code is amended to read as follows:

510.4.2. System design. The in-building, two (2) way emergency responder communication system shall be designed in accordance with Section s 510.4.2.1 through 510.4.2.8 and NFPA 1225.

SEC. 14.10.23. - Section 510.5. amended—Installation requirements.

Section 510.5. of the California Fire Code is amended to read as follows:

510.5. Installation requirements. The installation of the in-building, two (2) way emergency responder communication coverage system shall be in accordance with NFPA 1225 and Sections 510.5.2 through 510.5.5.

SEC. 14.10.24. - Chapter 80 amended—Referenced standards.

Chapter 80 of the California Fire Code is amended to add the following referenced standard:

NFPA 1225 - 2022 Edition: Standard for Emergency Services Communications.

SEC 14.10.2225. - Section 603.9.44.2.1.1. amended—Prohibited locations.

Section 603.9.44.2.1.1. of the California Fire Code is amended to read as follows:

603.9.44.2.1.1. Prohibited Locations. The storage or use of portable outdoor gas -fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies and roof.

No Eexceptions.

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SEC. 14.10. 2326. - Section 60 3.114.12 added—Electrical equipment, wiring and hazards; Immersion heaters.

Section 603.114.12 is added to the California Fire Code, to read as follows:

603.114.12. Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved overtemperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

SEC. 14.10.2427. - Section 901.6.1.1 added—General; Private hydrant flow test.

Section 901.6.1.1 is added to the California Fire Code, to read as follows:

901.6.1.1. Private hydrant flow test. Private hydrants shall be flow tested at the time of the five (5) year inspection, test and maintenance. The static pressure, residual pressure and flow (gpm) shall be recorded and submitted to the fire department, along with the standard NFPA 25 form(s).

SEC. 14.10.2528. - Section 901.6.4 added—General; Existing systems.

Section 901.6.4 is added to the California Fire Code, to read as follows:

901.6.4. Existing systems. Fire alarm and detection systems installed prior to the adoption of this cCode shall be maintained per NFPA 72.

Inoperable or unserviceable fire alarm systems shall be restored to operable conditions, equivalent to their original design and installation.

SEC. 14.10.2629. - Section 901.6.4.1 added—General; Enforcement.

Section 901.6.4.1 is added to the California Fire Code, to read as follows:

901.6.4.1. Enforcement. Existing multi-family (R-2) occupancies with interior exit corridors containing five (5) or more units shall not be occupied without an operable thermal detection system or equivalent detection system.

SEC. 14.10.2730. - Section 903.2 amended—Automatic sprinkler systems; Where required.

Section 903.2 of the California Fire Code is amended to read as follows:

903.2. Where required. Approved automatic sprinkler systems in new buildings and structures, and in existing buildings and structures, shall be provided in the locations described NB/6/ORD/806-11-01-22o-so -10-
in this Ssection, or as required in Sections 903.2.1 through 903.2.19, whichever is more restrictive.

1. An automatic sprinkler system shall be installed throughout all new buildings and structures.

EXCEPTIONS:

a. Buildings and structures that do not exceed one thousand (1,000) square feet of building area. This exception does not apply to re sidential buildings that require the installation of fire sprinklers in accordance with the California Residential Code , except as noted in Exception C.

b. Group S-2 or U occupancies used exclusively for vehicle parking and which meet all of the following conditions:

(1) Noncombustible construction.

(2) Maximum building area not to exceed five thousand (5,000) square feet.

(3) Structure is open on three (3) or more sides.

(4) Minimum of ten (10) feet separation from existing buildings unless area is separated by fire walls complying with California Building Code 706.

c. Accessory dwelling units (ADU) shall not be required to provide fire sprinklers if they are not required for the primary residence.

2. In determining whether an automatic fire sprinkler system is required, the following criteria shall be used:

(a) Determine the Building Area as defined by the California Building Code.

EXCEPTION: Eave projections twenty -four (24) inches or less shall not be counted.

(b) Multiply the Building Area as determined herein by the number of stories. A full basement shall be counted as a story , and the floor area of mezzanine(s) shall be added to the Building Area of the story in which they are located.

(c) For the purposes of determining whether automatic fire sprinklers are required in a building, the installat ion of fire walls and fire barriers will not be considered to create separate buildings.

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3. Any change in the character of occupancy or in the use of any building with a Building Area at or over one thousand (1,000) square feet which, as required by th e fire chief or chief building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety, or increased fire risk, shall require the installation of an approved automatic fire sprinkler system.

(a) For purposes of this sSection, “Llife Ssafety” includes, but is not limited to, increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting system due to increased occupant loads, large schools/day-care facilities and large residential care facilities with nonambulatory clients.

(b) For purposes of this section, “Ffire Rrisk” includes, but is not limited to, high - piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials) and increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flame).

4. For existing nonsprinklered buildings, an approved automatic sprinkler system shall be required when additions meet one of the following criteria:

(a) Additions equal to or greater than one hundred (100) percent of the existing square footage, preceding five (5) three (3) years considered.

(b) Additions that increase the total building area to over four thousand one hundred (4,100) square feet.

(c) Additions where less more than fifty (50) percent of the existing contiguous habitable roof, walls and foundation remain, eaves excluded. building is modified, per new construction definitions set forth in Mountain View City Code Chapter 8, SEC. 8.10.20 and SEC. 8.15.3.

(d) Where any basement is added to the structure.

SEC. 14.10.2831. - Section 903.3.1 amended—Automatic sprinkler systems; Standards.

Section 903.3.1 of the California Fire Code is amended to read as follows:

903.3.1. Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1, unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3. Sprinkler systems shall also be designed and installed in accordance with the City of Mountain View “Commercial Automatic Fire Sprinklers Requirements” and “Residential Automatic Fire Sprinklers Requirements.”

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SEC. 14.10.2932. - Section 905.3 amended—Standpipe systems; Required installations.

Section 905.3 of the California Fire Code is amended to read as follows:

905.3. Required installations. Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.11.1 and in the locations indicated in Sections 905.4, 905.5 and 905.6. Standpipe systems are required to be combined with automatic sprinkler systems.

EXCEPTION: Standpipe systems are not required in Group R-3 Occupancies.

SEC. 14.10.3033. - Section 905.3.1 amended—Standpipe systems; Height.

Section 905.3.1 of the California Fire Code is amended to read as follows:

905.3.1. Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than twenty (20) feet above the lowest level of the fire department vehicle access, or where the floor level of the lowest story is located more than twenty (20) feet below the highest level of fire department vehicular access.

EXCEPTIONS:

1. Class I wet standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I wet standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty (150) feet above the lowest level of fire department vehicle access.

3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

4. Class I wet standpipes are allowed in basements equipped th roughout with an automatic sprinkler system.

5. In determining the lowest level of fire department vehicular access, it shall not be required to consider:

5.1 Recessed loading docks for four vehicles or less; and

5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

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SEC. 14.10.3134. - Section 905.3.5 amended—Standpipe systems; Underground buildings and parking structures.

Section 905.3.5 of the California Fire Code is amended to read as follows:

905.3.5. Underground buildings and parking structures. Underground buildings and parking garages shall be equipped throughout with a Class I automatic wet standpipe system.

SEC. 14.10.3235. - Section 905.4 amended —Standpipe systems; Location of Class I standpipe hose connections.

Section 905.4 of the California Fire Code is amended to read as follows:

905.4. Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations:

1. In every required stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at each floor - level landing, unless otherwise approved by the fire code official.

2. On each side of the wall adjacent to the exit opening of a horizontal exit.

EXCEPTION: Where floor areas adjacent to a horizontal exit are reachable from exit stairway hose connections by a thirty (30) foot hose stream from a nozzle attached to one hundred (100) feet of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building.

3. In every exit passageway, at the entrance from the exit passageway to other areas of the building.

EXCEPTION: Where the floor areas adjacent to an exit passageway are reachable from exit stairway hose connections by a thirty (30) foot hose stream from a nozzle attached to one hundred (100) feet of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building.

4. In covered mall buildings, adjacent to each exterior public entrance to the mall and adjacent to each entrance from an exit passageway or exit corridor to the mall. In open mall buildings, adjacent to each public entrance to the mall at the perimeter line and adjacent to each entrance from an exit passageway or exit corridor to the mall.

5. Where the roof has a slope less than four (4) units vertical in twelve (12) units horizontal, a hose conne ction shall be located to serve the roof, or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16.

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6. Where the most remote portion of a sprinklered or nonsprinklered floor or story is more than one hundred fifty (150) feet from a hose connection, additional Class I standpipe hose connections shall be provided within one hundred fifty (150) feet of all areas. The distance from a hose connection shall be measured along the path of travel.

SEC. 14.10.36. – Section 907.2 amended – Fire alarm and detection systems; Where required— New buildings and structures.

Section 907.2 of the California Fire Code is amended to read as follows:

907.2. Where required—New buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this Code.

Not fewer than one (1) manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this Code allow elimination of fire alarm boxes due to sprinklers or automatic fire alarm systems, a single fire alarm box shall be installed at a location approved by the enforcing agency. Exceptions 1, 2 and 3 in the California Fire Code are deleted.

SEC. 14.10.3337. - Section 907.6 amended—Fire alarm and detection systems; Installation and monitoring.

Section 907.6 of the California Fire Code is amended to read as follows:

907.6. Installation and monitoring. A fire alarm system shall be installed and monitored in accordance with Sections 907.6.1 through 907.6.6.3, National Fire Protection Association 72 and the City of Mountain View “Fire Alarm and Sprinkler Monitoring System Requirements.”

SEC. 14.10. 3438. - Section 1010. 2.71.9.12 amended—Doors, gates and turnstiles; Stairway doors.

Section 1010.1.9.122.7 of the California Fire Code is amended to read as follows:

1010.1.9.122.7. Stairway doors. Interior stairway means of egress doors shall be openable from both sides without the use of a key or special knowledge or effort.

EXCEPTIONS:

1. Stairway discharge doors shall be openable from the egress side and shall only be locked from the opposite side.

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2. This sSection shall not apply to doors arranged in accordance with Section 403.5.3 of the California Building Code.

3. In stairways serving not more than six (6) stories in buildings not otherwise classified as a high-rise building in accordance with the California Building Code, doors are permitted to be locked from the side opposite the egress side, provided they are openable from the egress side and capable of being unlocked simultaneously without unlatching upon a signal from the fire command center, if present, or a signal by emergency personnel from a single location inside the main entrance to the building.

4. Stairway exit doors shall be openable from the egress side and shall only be locked from the opposite side in Group B, F, M and S occupancies where the only interior access to the tenant space is from a single exit stair where permitted in Section 1021.21006.3.4.

5. Stairway exit doors shall be openable from the egress side and shall only be locked from the opposite side in Group R -2 occupancies where the only interior access to the dwelling unit is from a single exit stair where permitted in Section 1021.21006.3.4.

SEC. 14.10.3539. - Section 3206.4 amended —General fire protection and life safety features; Automatic sprinklers.

Section 3206.4 of the California Fire Code is amended to read as follows:

3206.4. Automatic sprinklers. Automatic sprinkler systems shall be provided in accordance with Sections 3207, 3208, 3209 and 903.2 as amended.

SEC. 14.10.3640. - Section 3305.104.9 added—Precautions against fire; Firewalls.

Section 3305.104.9 is added to the California Fire Code, to read as follows:

3305.104.9. Firewalls. When firewalls are required in combustible construction, the wall construction shall be completed immediately after the building is sufficiently weather-protected at the location of the wall(s).

SEC. 14.10.3741. - Section 33121.1 amended—Means of egress; Stairways required.

Section 33121.1 of the California Fire Code is amended, to read as follows:

33121.1. Stairways required. Each level above the first story in new multi -story buildings that require two (2) exit stairways shall be provided with at least two (2) usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level.

Exit stairs in new and in existing occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

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EXCEPTION: For multi-story buildings, one of the required exit stairs may be obstructed on not more tha n two (2) contiguous floor levels for the purpose of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

SEC. 14.10.38 42. - Section 5001.2.2.2 amended—General.

Section 5001.2.2.2 of the California Fire Code is amended to read as follows:

5001.2.2.2. Health Hhazards. The material categories listed in this sSection are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Other health hazards.

SEC. 14.10.39 43. - Section 5003.1.3.1 added—General requirements.

Section 5003.1.3.1 is added to the California Fire Code, to read as follows:

5003.1.3.1. Highly toxic, toxic, moderately toxic gases and similarly used or handled materials. The storage, use and handling of highly toxic, toxic and moderately toxic gases in amounts exceeding Table 6004.2 or Table 6004.3 shall be in accord ance with this cChapter and Chapter 60. Any highly toxic, toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases.

SEC. 14.10.40 44. - Section 5003.2.7 amended—Liquid-level limit control.

Section 5003.2.7 of the California Fire Code is amended, to read as follows:

5003.2.7. Liquid-level limit control. Atmospheric tanks having a capacity greater than sixty (60) gallons (227 L) and that contain hazardous material liquids shall be equipped with a liquid - level limit control or other approved means to prevent overfilling of the tank.

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SEC. 14.10.4145. - Section 5003.9.11 added—General requirements; Fire extinguishing systems for fume hoods and workstations dispensing, handling or using hazardous materials.

Section 5003.9.11 is added to the California Fire Code, to read as follows:

5003.9.11. Fire ext inguishing systems for fume hoods and workstations dispensing, handling or using hazardous materials. Combustible and noncombustible fume hoods and workstations, which dispense, handle or use hazardous materials shall be protected by an approved automatic fire extinguishing system in accordance with Section 2703.10.

EXCEPTION: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed five hundred (500) mlmilliliters.

SEC. 14.10. 4246. - Section 5704.2.9.6.1 amended —Storage; Locations where aboveground tanks outside buildings are prohibited.

Section 5704.2.9.6.1 of the California Fire Code is amended to read as follows:

5704.2.9.6.1. Locations where aboveground tanks outside buildings are prohibited.

Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within any portion of the City of Mountain View, now or hereafter existing.

EXCEPTION: Double-wall approved aboveground tanks used for the storage of diesel fuel (including integral diesel fuel storage tanks) to power listed generators or fire pumps.

SEC. 14.10. 4347. - Section 5707 .1.1 amended—On-demand mobile fueling ; —Approval required.

Section 5707.1.1 of the California Fire Code is amended to read as follows:

5707.1.1. Approval required. Mobile fueling operations shall not be conducted without first obtaining a permit and approval from the fire code official. Mobile fueling operations shall occur only at approved and permitted locations.

SEC. 14.10.4448. - Section 5707.3.3 amended—On-demand mobile fueling;— Site plan.

Section 5707.3.3 of the California Fire Code is amended to read as follows:

5707.3.3. Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines, and appurtenances on-site and their use or function; all uses a djacent to the lot lines of the site; proposed fueling location(s), the locations of all storm drain openings and/or on- site stormwater treatment systems/areas , and adjacent waterways or wetlands; information NB/6/ORD/806-11-01-22o-so -18-
regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan.

SEC. 14.10. 4549. - Section 5707.4.1.1 added—On-demand mobile fueling; —Protection of stormwater inlets and/or on-site stormwater treatment systems.

Section 5707.4.1.1 is added to the California Fire Code, to read as follows:

5707.4.1.1. Protection of stormwater inlets and/or on -site stormwater treatment systems. When dispensing operations occur within fifteen (15) feet (4,572 mm) of a storm drain and/or on -site stormwater treatment system/area an approved storm drain cover or an approved equivalent method that will prevent any fuel from reaching the drain or on -site stormwater treatment system/area shall be used.

SEC. 14.10.4650. - Section 5707.5.1 amended—Equipment; —Dispensing hoses and nozzles.

Section 5707.5.1 of the California Fire Code is amended, to read as follows:

5707.5.1. - Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not exceed fifty (50) feet in length. The dispensing nozzles and hoses shall be of an approved and listed type, and nozzles provided with a listed breakaway device.

ExceptionEXCEPTION: Mobile fueling vehicles equipped with an approved brake interlock tied to the nozzle holder that prohibits movement of the mobile fueling vehicle when the nozzle is removed from its holder.

SEC. 14.10.4751. - Section 5707.6.2 amended—Operations; —Drip control.

Section 5707.6.2 of the California Fire Code is amended, to read as follows:

5707.6.2. Drip control. Operators shall place a drip pan or an absorbent pillow under the nozzle to catch drips and under each fuel fill opening prior to and during dispensing operations.

Contaminated absorbent shall be removed from the property, by the mobile fueler, and disposed in accordance with applicable hazardous waste regulations.

SEC. 14.10.4852. - Section 5707.6.4 added—Operations; —Nighttime deliveries.

Section 5707.6.4 is added to the California Fire Code, to read as follows:

5707.6.4. Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed adequately lighted by the fire code official.

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SEC. 14.10.4953. - Section 5707.6.5 added—Operations; —Vehicle lights.

Section 5707.6.5 is added to the California Fire Code, to read as follows:

5707.6.5. Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation while dispensing operations are in progress.

SEC. 14.10.5054. - Section 5707.6.6 added—Operations; —Safety cones.

Section 5707.6.6 is added to the California Fire Code, to read as follows:

5707.6.6. Safety cones. Safety cones or barriers shall be employed as warning devices to highlight the vehicle fueling area.

SEC. 14.10.5155. - Section 5707.6.7 added—Operations;— Bonding.

Section 5707.6.7 is added to the California Fire Code, to read as follows:

5707.6.7. Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be provided. Such bonding means shall be employed during fueling operations.

SEC. 14.10.5256. - Section 5707.6.8 added—Operations; —Training.

Section 5707.6.8 is added to the California Fire Code, to read as follows:

5707.6.8. Training. Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan. The vehicle operator training shall be approved by the fire code official.

SEC. 14.10. 53 57. - Section 6001.1 amended —Highly toxic, toxic and moderately toxic materials;— General.

Section 6001.1 of the California Fire Code is amended to read as follows:

6001.1. Scope. The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this cChapter. Compressed gases shall also comply with Chapter 53.

EXCEPTIONS:

1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.1 1 .

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2. Conditions involving pesticides or agricultural products as follows:

2.1. Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendmen t or similar applications when applied in accordance with the manufacturer’s instruction and label directions.

2.2. Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.

2.3. Storage in dwellings or private garages of pesticides registered by the U.S.

Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.

SEC. 14.10.54 58. - Section 6004.1 amended—Highly toxic and toxic compressed gases.

Section 6004.1 of the California Fire Code is amended to read as follows:

6004.1. General. The storage and use of highly toxic, toxic and moderately toxic compressed gases shall comply with this sSection.

6004.1.1. Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic and moderately t oxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.

6004.1.1.1. Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.

EXCEPTION: Cylinders not exceeding twenty (20) cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.

6004.1.1.2. Group R occupancies. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used in Group R occupancies.

6004.1.1.3. Offices, retail sales and classrooms. Moderately toxic, toxi c and highly toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

EXCEPTION: In classrooms of Group B occupancies, cylinders with a capacity not exceeding twenty (20) cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.

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SEC. 14.10.55 59. - Section 6004.2 amended—Indoor storage and use.

Section 6004.2 of the California Fire Code is amended to read as follows:

6004.2. Indoor storage and use. The indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.1 0.4.

SEC. 14.10.56 60. - Section 6004.2.1 amended—Applicability.

Section 6004.2.1 of the California Fire Code is amended to read as follows:

6004.2.1. Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.

SEC. 14.10.57 61. - Section 6004.2.1.4 added—Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area.

Section 6004.2.1.4 of the California Fire Code is amended to read as follows:

6004.2.1.4. Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantities pe r control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4

SEC. 14.10.58 62. - Section 6004.2.1.4 added—Minimum threshold quantities for highly toxic, toxic and moderately toxic gases for indoor storage and use table

Section 6004.2.1.4 is added to read as follows:

Minimum Threshold Quantities for Highly Toxic, Toxic
and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet

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SEC. 14.10.59 63. - Section 6004.4 added—General indoor requirements.

Section 6004.4 is added to read as follows:

6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2.

6004.4.1. Cylinder and tank location. Cylinders shall be locat ed within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

EXCEPTIONS:

1. Where a gas detection system is provided in accordance with 6004.4.8. 6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

EXCEPTIONS:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.

6004.4.4. Gas rooms . Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system.

Alternative fire-extinguishing systems shall not be used.

6004.4.5. Treatment systems . The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1, shall be directed to a treatment system.

The treatment system shall be utilized to handle the accidental release of gas and to process NB/6/ORD/806-11-01-22o-so -23-
exhaust ven tilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

EXCEPTIONS:

1. Highly toxic, toxic and moderately toxic gases—Sstorage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:

1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.

1.2 Hand wheel-operated valves have handles secured to prevent movement.

1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

2. Highly toxic, toxic and moderately toxic gases —Use. Treatment systems are not required for highly toxic, toxic and moderately toxic gases supplied by stationary tanks, portable tanks or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail-safe valves are provided. The gas detection system shall have a sensing interval not exceeding five (5) minutes. Automatic-closing fail-safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.

6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.

6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable discharge concentrations of the gas to one -half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one (1) gas is emitted to the treatment system, the treatment system shall be designed to handle the worst - case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.

6004.4.5.3. Sizing. Treatment systems shall be sized to process the m aximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.

6004.4.5.4. Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release NB/6/ORD/806-11-01-22o-so -24-
for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).

6004.4.5.5. Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure.

6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604:

1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.

6004.4.6.1. Fail-safe systems . Emergency power shall not be required for mechanical exhaust ventilation and treatment system s where approved fail -safe systems are installed and designed to stop gas flow.

6004.4.7. Automatic fire detection system . An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic and moderately toxic com pressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.

6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.

EXCEPTIONS:

1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

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2. A gas detection system is not required for highly toxic, toxic and moderately toxic gases where cylinders, portable tanks, and all noncontinuously welded connects are within a gas cabinet or exhausted enclosures.

6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.

6004.4.8.2. Shutoff of gas supply . The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

ExceptionEXCEPTION: Automatic shutdown is not required for highly toxic, toxic and moderately toxic compressed gas systems where all of the following controls are provided:

1. Constantly attended/supervised.

2. Provided with emergency shutoff valves that have ready access.

SEC. 14.10.6064. - Section 6104.2 amended—Location of LP- gas containers; Maximum capacity within established limits.

Section 6104.2 of the California Fire Code is amended to read as follows:

6104.2. Maximum capacity within established limits. Liquefied Ppetroleum Ggas (LPG) containers shall not be permitted within the city limits where natural gas mains exist. Upon the installation of natural gas mains, conversion from LPG to natural gas must be made within thirty (30) days of the installation of the mains. When an area is annexed to the city and no natural gas mains exist, the use of LPG may be continued until natural gas mains are installed. If natural gas mains exist within the area of annexation, conversion from LPG to natural gas sh all be made within thirty (30) days of annexation.

EXCEPTION: Installations of LPG containers may be permitted within the city limits if used for: (1) filling of portable containers for retail sales; or (2) industrial operators where natural gas would not provide a workable substitute.

SECS. 14.11.—14.29. - Reserved.

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ARTICLE II.

EXPLOSIVES AND FIREWORKS REGULATIONS

SEC. 14.30. - Section 5601.1.3 amended—Explosives and fireworks; Fireworks.

Section 5601.1.3 of the California Fire Code is amended to read as follows:

5601.1.3. Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

EXCEPTIONS:

1. The storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6, Fireworks, reprinted in Section 5608 and Health and Safety Code Division 11.

SECS. 14.31.—14.39. - Reserved.

ARTICLE III.

ENFORCEMENT

SEC. 14.40. - Appeals.

Whenever the fire chief or his/her designee shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true inten t and meaning of the code has been misconstrued or wrongfully interpreted, the applicant may appeal the decision to the city council within thirty (30) days from the date of the decision.

SEC. 14.45. - Establishment and duties of the fire prevention bureau.

This cChapter shall be enforced by the fire prevention bureau in the fire department of the city, which is hereby established and which shall be operated under the supervision of the chief of the fire department.

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SEC. 14.50. - Penalties.

a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted an d approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the tim e fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable as set forth in the city charter. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

c. Nothing contained in this sSection shall be construed to prevent the city from taking whatever appropriate civil action it deems necessary to enforce any of the provisions of this code or of this cChapter.

SEC. 14.51. - Arrests and issuance of citations.

a. The fire chief, fire marshal, deputy fire marshals and other designated fire department personnel of the city may make arrests for violations of this cCode under the authority set forth by California Penal Code Sections. 830.37, 836.5 and 853.6. The fire chief, fire marshal and deputy fire marshals, and other designated fire department personnel who have the discretionary duty to enforce a statute or ordinance , may, as provided by law, arrest a person without a warrant whenever any such officer has reasonable cause to believe the person to be arreste d has committed a misdemeanor in the officer ’s presence which he or she the officer has the discretionary duty to enforce, and may issue a notice to appear and release such persons on his or her their written promise to appear in court.

b. Hazardous materials enforcement. Those employees of the city, including, but not limited to, the fire marshal and hazardous materials specialists , who have the duty of enforcing this cCode, city and state laws pertaining to hazardous and toxic materials, are hereby authorized, in accordance with and pursuant to California Penal Code Sec tions. 830.37, 836.5 and 853.6, to arrest persons for violations of such ordinances or statutes and to issue Notice to Appear citations as provided by law.

SEC. 14.52. - Enforcement remedies nonexclusive.

The remedies provided for in this ordinance are not exclusive. Pursuant to Chapter 1, Sec. 1.7, 1.18, 1.28 and 1.29 of the Mountain View City Code, the city, in its prosecutorial NB/6/ORD/806-11-01-22o-so -28-
discretion, may enforce violation(s) of the provisions of this Chapter 14 as a criminal, civil and/or administrative action.”

Section 2. To the extent the changes and modifications set forth in this ordinance to the 2022 California Building Standards Codes require findings describing local conditions that justify such modifications, the City Council finds and determines that the changes are reasonably necessary because of local climatic, geologic, or topographic conditions and adopts the following findings for local amendments to the California Building Standards Code, 2022:

The City of Mountain View experiences low humidity and warm temperatures during the summer months, creating conditions which are particularly conducive to the ignition and spread of grass, brush, and structure fires. Additionally, the City of Mountain View is geographically located in the most severe seismic zone, Seismic Zone 4, and situated near active earthquake faults capable of producing substantial seismic ac tivity. Since the City of Mountain View is divided by major freeways and other transportation corridors, the occurrence of a major earthquake would significantly impact the ability of Fire Department personnel to respond to emergencies should one or more overpasses be substantially damaged or collapsed.

Additionally, fire suppression capabilities could be severely limited should the water system be extensively damaged during a seismic event. Therefore, mitigation measures are necessary , such as automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials, and other safeguards, in an effort to minimize risks to citizens, property, and Fire Suppression personnel.

Section 3. The provisions of this ordinance shall be effective thirty (30) days from and after the date of its adoption.

Section 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declare d unconstitutional.

Section 5. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and t hat a single publication be made to the official newspaper of the City of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the proposed ordinance are posted.

Section 6. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant Section 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) , the common sense exemption, as it can be se en with certainty that there is no possibility that the changes adopted will have a significant effect on the NB/6/ORD/806-11-01-22o-so -29-
environment, and is exempt under Section 15308, Class 8 , Actions by Regulatory Agencies for Protection of the Environment.

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