This report outlines proposals for modification of the City of Sunnyvale Municipal Code Fire Code, Chapter 16.52; and Building Standards for Buildings Exceeding 75 Feet in Height (High Rise Ordinance), Chapter 16.54. The report reviews the process of code development, as well as the rationale for the amendments recommended for adoption.

The State of California has adopted the 2001 California Fire Code and all documents have been printed. Staff reviews have been completed and the required notices have been made. The City has until October 31, 2002 to adopt the new Fire Code, with any amendments it so chooses. If no action is taken, Sunnyvale will be required to operate solely under the State regulations.

The proposed amendments to the Sunnyvale Fire Code were developed in cooperation with other Cities and Fire Districts within Santa Clara County in an effort to provide regulatory consistency throughout the county. With few exceptions the proposed fire code amendments will be proposed for adoption by all fire jurisdictions in Santa Clara County. The changes have no impact on local zoning decisions.

Staff recommends that Council adopt the proposed 2001 California Fire Code with amendments into the Sunnyvale Municipal Code.

The 2000 Uniform Fire Code (UFC) is a model code developed by the Western Fire Chiefs Association/Uniform Fire Code Association. Since its first edition in 1971 the UFC has become internationally recognized for its role in setting the pace of fire prevention, fire protection and public safety. The code is a model code, which carries no force of law until it is adopted by a local jurisdiction or a state.

In California the State Fire Marshal adopts the UFC with amendments as the fire code for the State. It is known as the California Fire Code and 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.

During 2001 the State Fire Marshal amended the 2000 UFC which became the 2001 California Fire Code. It was adopted by the State on May 1, 2002. Local jurisdictions have 180 days from this date to amend and adopt the California Fire Code to fit local requirements. If no action is taken the local jurisdiction is required to operate solely under the State regulations.

Sunnyvale is currently using the 1998 California Fire Code, with local amendments adopted by Council in July of 1999. There are no significant changes being proposed this year.

For many years officers assigned as Fire Prevention Inspectors in the Public Safety Department have participated in professional associations that recommend changes in the fire and building code. Starting February 2002 Sunnyvale Fire Services participated in a Santa Clara County Fire Prevention Officers workshop on the new 2001 California Fire Code. A two-step process was followed:

1. The new California Fire Code was examined to identify the areas that State standards have changed. In the cases where the changes in the new California Fire Code duplicated existing local amendments, the local amendment was deleted.

2. The Task Force members identified and examined individual local amendments that were more restrictive than the new State standards. These amendments were examined to see if the underlying assumptions or operational experience upon which the amendments were based still applied. Where the basis for the amendment has not changed, the various options for local regulation were examined and agreement was reached on uniform wording for the amendment.

Because the code is developed by such a diverse group of interests and regions, the California Fire Code is utilized as a code of minimum standards. Different climates, topography, geology, fire fighting tactics, capabilities, and resources warrant different levels of built-in fire protection. For these reasons and others, cities and fire districts amend and adopt codes, which are more restrictive than the California Building Standards Code (Title 24) or the underlying model code, such as the UFC.

Pursuant to Government Code 50022.3, "there shall be a public hearing scheduled after the first reading of the title of the adopting ordinance (s) and notice of the hearing shall be published in a local newspaper notifying the public of the date, time, location and reason for the hearing."

The amendments that staff is proposing will apply to new construction and significant tenant improvements to existing buildings. Just as the City is already doing, these amendments will be enforced using reasonable judgement based on the immediate threat to life and fire safety. The four most significant proposed new amendments are:

Hazardous materials are regulated in the Fire Code by specific hazard class. Carcinogens, irritants, sensitizers and other health hazards, previously regulated by the California Fire Code, were eliminated in the 2001 edition of the Code. The countywide hazardous materials committee believed that removal of these classes of materials from regulation could significantly effect the community safety. Carcinogens such as perchloroethylene, vinyl chloride and polychlorinated biphenyls (PCB's) could be used and stored in any amount without proper safety and environmental controls.

Internet server and telecommunication companies utilize large battery systems for backup power. During the battery charging phase hydrogen gas is generated.

The proposed county-wide amendment to the 2001 California Fire Code requires that the failure of the ventilation system, for any reason, initiates a local alarm and transmits a signal to a constantly attended location or automatically disengages the battery charging system, thereby eliminating further hydrogen gas generation.

In multistoried and high-rise buildings two elements of fire suppression are needed to successfully extinguish a fire. Firefighters need water to extinguish a fire and breathing air in order to withstand the heat and toxic smoke produced by the combustion process. Without either of these two components firefighters will be unsuccessful in extinguishing a hostile fire. One of the most taxing operations to a fire department during a multistoried building fire is the handling and transport of air cylinders. Valuable resources are used for stairwell support instead of fire attack, search and rescue, staging, medical and systems control. One way to maximize resources is to take advantage of new technology.

A self-contained high pressure breathing air replenishment system has been developed to assist fire-fighting operations. We currently have such a system installed in the Mozart downtown project.

A separate ordinance governs buildings in excess of seventy-five in height. Only two changes are proposed.

To increase the height requirement for a helicopter landing pad from 75 feet to 150 feet. Helicopter requirements started in several communities in the 1970’s. Most of the helicopter requirements started as building reached over 300 feet high. Sunnyvale’s requirement stated that buildings that had a floor for human occupancy over 75 feet in height were required to have a helipad. The benefit for a helipad on top of tall buildings has not proven beneficial since the conception of the requirement. Most fire departments do not have ready access to helicopters for firefighter use. There are many safety issues involved with helipads. The only city in northern California that has such an ordinance is the City of Sacramento.

A fire fighter air system be installed in all high-rise buildings (see page 3).

Staff feels that these two changes to our high-rise ordinance are justified and should be adopted.

Staff recommends that the ordinance be adopted with enforcement to be effective on November 1, 2002.

None

Council Agenda
Sunnyvale Sun
Sunnyvale Chamber of Commerce
Tri-County Apartment Association
Silicon Valley Manufacturers Group
Lockheed-Martin Corporation
Advanced Micro Devices
Applied Materials

1. Accept the California Fire Code with amendments and the changes to the High Rise Ordinance and set a public hearing for  adoption on September 24, 2002.

2. Same as Alternative 1, but with Council amendments to ordinances.

3. Adopt the California Fire Code without amendments; keep the High Rise Ordinances as currently written.

Staff recommends Alternative #1.

Prepared By:

Blaine Salley, Fire Marshal
Department of Public Safety

Reviewed By:

Irwin I Bakin,
Director of Public Safety

Approved By:

Robert S. LaSala,
City Manager

Attachments

Appendix A: Sunnyvale Municipal Code Chapter 16.52 - Amendments to the 1998 California Fire Code

Appendix B: Sunnyvale Municipal Code Chapter 16.54 - Building Standards for Buildings Exceeding 75 Feet in Height (numbering changes only)

Appendix C: Resolution of the City Council of the City of Sunnyvale finding and determining the need for modifications to the 2001 California Fire Code