REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code
Report
BACKGROUND
The International Fire Code (IFC) is a model fire code that regulates minimum fire safety requirements for new and existing buildings, facilities, storage and processes. The IFC is in use or adopted by 42 states and is published every three years by the International Code Council.
In California, the California Building Standards Commission adopts the IFC with new statewide amendments every three years. This adopted code is known as the California Fire Code (CFC) and is found in Part 9 of Title 24 of the California Code of Regulations. Title 24 is commonly referred to as the California Building Standards Code.
The State of California adopted the 2013 California Fire Code in January 2013 and published the documents on July 1, 2013. The City of Sunnyvale adopted the 2013 California Fire Code with local amendments on November 26, 2013. The amendments proposed in this RTC were identified after adoption and serve to clarify, correct and further amend the Code.
EXISTING POLICY
Sunnyvale General Plan - Safety and Noise Sub-Element:
Goal SN-1, Acceptable Levels of Risk for Natural and Human-caused Hazards
Ensure that natural and human-caused hazards are recognized and considered in decisions affecting the community and that land uses reflect acceptable levels of risk based on identified hazards and occupancy.
Goal SN-3, Safe and Secure City
Ensure a safe and secure environment for people and property in the community by providing effective public safety response, prevention, and education services.
Policy SN-1.5: Promote a living and working environment safe from exposure to hazardous materials.
ENVIRONMENTAL REVIEW
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. (Title 14 of the California Code of Regulations, Section 15061(b)(3).)
DISCUSSION
Amendments to the California Fire Code
1. Emergency Responder Radio Coverage
The 2013 CFC contains detailed requirements for design, installation and testing that had previously been non-mandatory Appendix material. As part of an ongoing effort to enhance emergency responder radio coverage across the region, the Sunnyvale Department of Public Safety (DPS), along with other Santa Clara County emergency response agencies, is transitioning away from its current UHF radio frequency to a new 700 MHz system. The clean-up amendments proposed to Section 510 clarify requirements and address questions that have been raised by developers and radio system installers since the Code adoption. The amendments also correct several cross-reference errors.
2. Fire Protection System Records
Building owners are required to have fire protection systems such as automatic sprinkler systems, fire hydrants and fire pumps inspected and tested on a regular basis by qualified individuals to ensure that the systems will activate and function properly when needed. The testing and inspection reports are then required to be submitted to the local fire code official. This new amendment allows the jurisdiction to require electronic submittal of fire protection system testing and inspection reports through a third party cloud-based electronic reporting system. This electronic reporting system allows the jurisdiction to more easily manage the significant number of reports received, notify building owners when systems require repair and identify building owners who fail to have the fire protection systems inspected and tested as required by State law.
The jurisdiction will have free access and management of the electronically submitted reports but there is an annual $10 per system fee assessed and collected by the third party upon submittal of the report(s) by the testing company. This annual per system fee will likely be paid by the testing company and recovered through their service fee to the building owner. Although the City will not be invoicing or collecting any fees associated with this activity, the annual $10 per system fee was included in the City's recently adopted fee schedule for transparency.
3. Firefighter Air Replenishments Systems
The City of Sunnyvale has had a longstanding local amendment requiring a firefighter air replenishment system (FARS) be installed in high rise buildings. However, the current text allows a building designer to install either a firefighter air replenishment system or elevators designated for firefighter use in an emergency. In some cases a fire service access elevator may be a desirable alternative to the FARS and in some cases (buildings 12 stories or higher) a fire service access elevator is already a code requirement and should not be considered an alternative. This proposed revision clarifies the intent of the section which is to always require the firefighter air replenishment system and allow a fire service access elevator designed and installed in accordance with the Building Code only when approved by the fire code official.
4. Emergency Escape and Rescue Windows
Historically the state has adopted an amendment to the IFC that requires an emergency escape and rescue window in every sleeping room below the fourth floor in multifamily residential buildings constructed of wood even if the building was protected by automatic sprinklers. After the adoption of the 2013 CFC in January of this year, the Office of the State Fire Marshal (OSFM) identified that the amendment had inadvertently been deleted. The OSFM is currently pursuing legislation to amend the State Fire Code to reinsert the requirement. This local amendment will promptly reinstate the historical requirement for emergency escape windows and clarify for local developers the need to include these windows in new development projects.
5. Secondary Containment for Hazardous Materials
Sunnyvale included a number of county-wide amendments to the hazardous materials provisions in the 2013 CFC. The proposed revision to Section 5003.1.6 corrects a county-wide amendment that inadvertently required a spill control and secondary containment system sized to contain both building sprinkler water and spilled material in facilities that handle small quantities of hazardous materials. While a system to contain a spill from the single largest container is reasonable and will remain a requirement, the additional requirement to contain sprinkler water is considered to be an unnecessary in facilities where only small quantities of hazardous materials are stored or used. The existing requirement to contain both the product and sprinkler water remains unchanged in facilities handling large quantities of hazardous materials.
FISCAL IMPACT
No fiscal impact
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Introduce the Ordinance, presented at Attachment 1, Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code.
2. Do not accept the proposed amendments.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce the Ordinance, presented at Attachment 1, Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code.
Staff
Prepared by: Lynne Kilpatrick, Fire Marshal
Reviewed by: Frank J. Grgurina, Director, Public Safety
Reviewed by: Robert A. Walker, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Ordinance of the City Council of the City of Sunnyvale Amending Chapter 16.52 (Fire Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code