Chapter 15.60
AUTOMATIC FIRE EXTINGUISHING SYSTEMS RETROFIT REQUIREMENTS FOR CERTAIN TYPES OF APARTMENT BUILDINGS
Sections:
15.60.050 Corridor walls and openings.
15.60.100 Recordation of compliance.
15.60.110 Commencement of work – Completion of work.
15.60.010 Title.
This chapter shall be known as and may be cited as the “Fremont central corridor retrofit ordinance.” (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12100.)
15.60.020 Definitions.
For the purpose of interpreting and implementing this chapter the following definitions in addition to those contained under the current Fremont building code and Fremont fire code shall be used:
“Architect” is an individual licensed by the state of California to practice architecture and to use the title “architect,” as defined in the California Business and Professions Code.
“Civil engineer” means an individual registered by the state of California to practice civil engineering as defined in the California Business and Professions Code.
“Current code” shall mean the edition of the California Building Standards Code published by the International Conference of Building Officials as adopted by the city of Fremont pursuant to Cal. Health & Safety Code § 18941.5. The edition to be applied shall be that edition in effect at the time damage occurs.
“Engineering evaluation” means an evaluation of a suspected damaged building or structure, performed under the direction of a fire protection engineer, structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with an appropriate estimate of the construction cost for those repairs.
“Essential service facility” shall mean that building or structure which has been designated by the city council to house facilities which are necessary for emergency operations.
“Fire protection engineer” is an individual registered by the state of California to practice fire protection engineering and to use the title “fire protection engineer,” as defined in the California Business and Professions Code.
“Historic building or structure” shall be any structure included on the National Register of Historic Places, the state register of historic places or points of interest, or listed as a local primary historic resource.
“Replacement value” is the dollar value, as determined by the building official based upon the square footage and the guidelines used in establishing the valuation of new construction, of replacing the damaged structure with a new structure of the same size, construction material and occupancy on the same site.
“Structural engineer” is an individual registered by the state of California to practice civil engineering and to use the title, structural engineer, as defined in the California Business and Professions Code.
“Value of repair” is the dollar value, as determined by the building official, making the necessary repairs to a damaged structure. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12102.)
15.60.030 Purpose.
The purpose of this chapter is to provide a reasonable degree of fire safety for persons living and sleeping in Group R, Division 1 occupancies by requiring alterations to such existing buildings which do not conform to the minimum exiting, shaft enclosure and corridor protection requirements of this chapter. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12104.)
15.60.040 Scope.
The provisions of this chapter apply to all existing central corridor hotel and apartment buildings two stories or more in height containing 10 or more dwelling units. The provisions of this chapter shall not authorize the modification of existing buildings or portions thereof which result in a lesser degree of protection against fire than the minimum requirements established by this chapter. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12106.)
15.60.050 Corridor walls and openings.
Every corridor serving more than 10 dwelling units shall be protected by an automatic fire extinguishing system. The scope of the protection shall include NFPA 13 or NFPA 13R automatic fire extinguishing systems. The fire chief or designee will determine the level of automatic fire-extinguishing system to be provided within the following guidelines:
(a) All stairways, hallways, exit ways, storage and closet areas adjacent to the corridor.
(b) Within each guest room or dwelling unit, a sprinkler head shall be placed adjacent to each door opening in living area.
(c) An approved fire alarm and smoke detection system shall be provided.
(d) Transoms and openings other than doors from corridors to guest rooms and dwelling units shall be closed and solidly covered with material which will provide the same degree of fire resistive protection as provided by adjacent corridor walls.
(e) An approved self-closing device shall be installed on each door opening from the corridor into the guest room or dwelling unit. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12110.)
15.60.060 Shaft enclosures.
All stairwells shall be enclosed in approved shaft enclosures; provided, however, that existing enclosure walls constructed of wood lath and plaster which are in good condition will be accepted in lieu of approved shaft wall construction. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12112.)
15.60.070 Permit fees.
Plan check and building permit fees shall be waived for center corridor apartments affected by the retrofit automatic fire extinguishing ordinance program projects subject to the following limitations:
(a) All work is commenced according to the timetables specified in this chapter.
(b) The scope of work for which the above fees are waived is limited to the retrofit of center corridor apartments with automatic fire extinguishing systems and self-closing devices on apartment units.
(c) Any additional work done in conjunction with automatic fire extinguishing systems and self-closing devices will be assessed and fees will be charged based upon the valuation of the work.
(d) Plan check fees beyond the third cycle of review and reinspection fees shall not be waived and shall be assessed on a per-hour basis. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12120.)
15.60.080 Notification.
(a) When it is determined by the building official or the fire chief that a building does not conform to the minimum requirements of this section, the owner(s) shall be directed to repair and modify the building so as to conform to those minimum requirements.
(b) The order shall be served by certified or registered mail upon the owner(s) and all persons having legal and equitable interests in the property as shown on the latest equalized assessment roll and upon the person in apparent charge or control of the building.
(c) The order shall specify the manner in which the building fails to meet the minimum requirements of this section. The order shall direct the owner of the building to submit plans to repair and modify the building to the building and safety division, to obtain the necessary permits and complete the necessary corrections. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12122.)
15.60.090 Recordation.
At the time the order is served, the fire chief shall cause to be filed with the office of the county recorder a certificate setting forth the determination of the fire chief that the building does not meet the minimum fire-safety requirements of this section and that the owner of the building has been so notified. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12124.)
15.60.100 Recordation of compliance.
After completion of all necessary corrective work, the fire chief shall file with the office of the county recorder a certificate terminating the status of the building as nonconforming to the minimum fire safety requirements of this section. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12126.)
15.60.110 Commencement of work – Completion of work.
(a) Any owner of a building who has been served with an order issued under this chapter shall submit to the building official an application for a building permit supported by construction documents meeting the requirements of this chapter and obtain the necessary permits not later than one year after service of the order and shall complete the necessary corrections not later than three years after service of the order.
(b) No extension of time, either to submit plans, obtain permits or complete the necessary corrections shall be granted except by the building official or fire chief upon a finding of unusual circumstances which warrant an extension. No extension may exceed one year.
(c) A written request for an extension shall be made either to the building official or the fire chief.
(d) When a request for an extension is received, the building official or fire chief shall set a hearing for consideration of the request. Ten days’ prior written notice of the hearing shall be given to the applicant at the address shown on the written request for the extension. The hearing shall be conducted by the building official, the fire chief or a hearing officer designated by either official.
(e) Five days prior to the hearing the applicant shall submit a statement under penalty of perjury containing all the following to the respective hearing official or officer: legal description and street address of the property; a statement of facts justifying the requested extension of time; the actual income and operating expenses by category for the property for the prior three years; a schedule of anticipated income for the three years following the date of the request; a description of the property’s current financial arrangements and any anticipated refinancing; a statement of capital investment for the prior three years; information relating to any sale or leasing of the property contemplated in the next three years; a description of any redevelopment plans anticipated during the next three years; any other information affecting the need for the extension of time.
(f) The official hearing the application shall: receive evidence from the owner of the building or the owner’s representative; allow examination and cross-examination of witnesses by the owner or representative; consider all relevant evidence on the issue of unusual circumstance involving the subject property and the financial circumstances of the property; and shall make findings and an order granting or denying the extension and stating any conditions to the grant of the extension. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12128.)
15.60.120 Violations.
Any owner of a building who fails to comply with an order issued by the fire chief under this chapter within each of the time periods set forth in Section 15.60.110 is guilty of an infraction and shall be punished as set forth in Chapter 1.15. (Ord. 2485 § 4, 9-24-02. 1990 Code § 7-12130.)
15.60.130 Enforcement.
Whenever a violation of this chapter is found to exist, all owners, lessees or persons with control of a building subject to this chapter shall be jointly and severally liable for a civil penalty of up to the maximum permitted by Chapter 1.20. (1990 Code § 7-12132.)