WHEREAS, the public health, safety and welfare will be served by the adoption of the "2001 California Fire Code" as the Fire Code of the City of Sunnyvale;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. REPEAL. Ordinance No. 2604-99 and all prior ordinances pertaining to this subject are hereby repealed.

SECTION 2. CHAPTER 16.52 AMENDED. Sunnyvale Municipal Code Chapter 16.52 is hereby amended to read as set forth in Exhibit "A," attached and incorporated.

SECTION 3. STATUTORY REFERENCES, INCLUSIONS OF AMENDMENTS AND ADDITIONS. Whenever reference is made to any portion of this ordinance, or of any other chapter or section of the Sunnyvale Municipal Code, or of any other ordinance of the City of Sunnyvale, or of any law of the State of California, the reference applies to all amendments and additions now or thereafter made.

SECTION 4. INTERPRETATIONS. In interpreting and applying the provisions of this ordinance, the requirements contained herein are declared to be minimum requirements for he purposes set forth.

The provisions of this ordinance, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

This ordinance shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive.

SECTION 6. FINDINGS. The deletions and amendments to the Uniform Fire Code as set out in Exhibit "A" and which are the subject of this ordinance, are based upon the General and Specific findings by the City Council of the City of Sunnyvale, which findings are set forth in the accompanying resolution.

SECTION 7. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance 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. The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with Section 14 of the Sunnyvale Guidelines for the implementation of CEQA adopted by Resolution No. 193-86.

SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect on November 1, 2002.

SECTION 9. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

Introduced at a regular meeting of the City Council held _____________________, 2002, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ___________________, 2002, by following vote:

The book entitled "2001 California Fire Code," based on the 2000 Uniform Fire Code, as recommended by the International Conference of Building Officials and the International Fire Code Institute, including Appendices I-C, II-A, II-C, II-F, II-H, II-I, II-J, III-AA, III-BB, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G and VI-H, as amended by the State of California, hereby is adopted by reference as the Fire Code of the city of Sunnyvale. Three copies are on file in the office of the city clerk.

The entire city of Sunnyvale is designated as a fire district.

Whenever any provision of this chapter conflicts with any provision of Title 20, "Storage of Hazardous Materials," the stricter provision shall govern.

Notwithstanding any other provision of this chapter or any provision of the Uniform Fire Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish discretionary responsibility or duty requiring the exercise of judgment and discretion.

All inspections specified herein shall be at the discretion of the chief and nothing in the Uniform Fire Code or in the Sunnyvale Municipal Code shall be construed as requiring the city to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the Uniform Fire Code nor the Sunnyvale Municipal Code shall be construed to hold the city or any officers, employees or representatives of the city responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or reinspection.

Section 101.10 is hereby added to the Uniform Fire Code to read:

"Sec. 101.10. Reference to codes. Whenever reference is made in this code to a building, mechanical, plumbing, or electrical code, such reference shall mean the version of such code as amended and adopted by the city of Sunnyvale."

The following terms used in the Uniform Fire Code, respectively, shall be amended to read as herein set forth.

Uniform Fire Code Section 103.1.4.1 is hereby amended to read:

"Sec. 103.1.4.1. Board of Appeals. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this code there shall be and hereby is created a board of appeals. The board of appeals shall be the same board of appeals as is established under Chapter 16.08 pertaining to the Uniform Building Code, except that the Chief shall be the ex officio member and shall act as secretary of the board."

Uniform Fire Code Section 103.4 is hereby amended by adding the following provisions:

"Sec. 103.4.1.1.1 Hazard Abatement. Any act or condition that presents a fire, panic, or life safety hazard, or would contribute to the rapid spread of fire or inhibit mitigation or increase the chance of release of hazardous material, or would interfere with, hinder, or delay the egress of occupants or response of emergency personnel and which is not otherwise addressed in the code, shall be abated, eliminated, corrected as directed by the Chief."

Uniform Fire Code Section 105.2 is hereby amended by adding the following provisions:

"Sec. 105.2 Conditions of Permits.

. . . .

"105.2.4. A permit shall be required to install, alter or change, unless otherwise specified, any fire hydrant system, fire extinguishing system, fire alarm system, flammable liquid, hazardous chemicals or compressed gas installation.

"105.2.5 It shall be unlawful to operate, maintain or use any institution until all state and local laws and regulations governing safety from fire and panic have been satisfactorily complied with and a permit from the chief has been obtained for that occupancy. (For the purpose of this section, an institution shall be, but is not limited to, hospitals, children's home or institution, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, out-of-home placement facilities, halfway houses and day care nurseries, or similar facilities.)

"105.2.6 It shall be unlawful for any person to conduct or maintain any business, occupancy or activity that requires a permit by this code, without first securing the proper permit from the chief. No person shall continue to conduct or maintain any such business, occupancy or activity when such permit becomes invalid."

Uniform Fire Code Section 105.4 is hereby amended to read:

"Sec. 105.4 Inspection required.

"105.4.1 Before a permit is issued, the chief shall inspect and approve the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used. In instances where laws or regulations are enforceable by departments other than the department of public safety, joint approval shall be obtained from all departments concerned.

"105.4.2 No portion of any appliance, device, equipment or system intended to be covered by earth or by structure shall be enclosed until inspected and approved. An inspection shall be requested prior to the covering or enclosing of any such equipment. Such request shall be made not less than forty-eight (48) hours prior to the estimated time of inspection.

"105.4.3 Whenever any such appliance, device, equipment or system is covered or concealed without first having been inspected, the chief may require, by written notice, that such work shall be exposed for inspection. The work of exposing and recovering shall not result in any expense to the city.

"105.4.4 When the construction or installation work is completed and such appliance, device, equipment or system is ready for operation or use, a final inspection shall be requested before operation or use. Requests for inspection shall be given not less than forty-eight (48) hours prior to the requested inspection time. No such appliance, device, equipment or system shall be used until final acceptance has been granted by the chief."

Uniform Fire Code Section 105.8 is hereby amended by amending the introductory paragraph to read:

"Sec. 105.8 Permit required. It is unlawful for any person, firm, or corporation to use a building or premises or engage in any activities for which a permit is required by this code without first having obtained a permit. Permits are required from the department of public safety to engage in the activities, operations, practices or functions set forth below. Where a permit for storage of a hazardous material, as defined by Title 20 and/or Chapter 16.53 of the Sunnyvale Municipal Code, is obtained pursuant to those provisions, notwithstanding Section 105.4, there shall be no requirement for an additional permit for the storage of such hazardous materials under the Uniform Fire Code."

16.52.130. Compressed gases.

Uniform Fire Code Sec 105.8.C.7 is hereby amended to read:

"Sec. 105.8.C.7 to store, use or handle at normal temperatures and pressures compressed gases in excess of the amounts listed in Table 105-A, to install any piped distribution system for compressed gases, or to install a nonflammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105-A, a permit is required to install, repair, abandon,

remove, place temporarily out of service, close or substantially modify a compressed gas system.

"EXCEPTIONS:

"1. Routine maintenance.

"2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.

"The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 8001.13. The chief may waive this 30-day period if there are special circumstances requiring such waiver."

Uniform Fire Code Sections 204-C, is hereby amended by adding or amending certain definitions as follows:

"Sec. 204-C Continuous Gas Detection System is a gas-detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption: Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 5 minutes.

Uniform Fire Code Section 901.4.2 is hereby amended to read:

"901.4.2 Fire apparatus access road. If in the judgment of the chief it is necessary to prohibit vehicular parking along private accessways in order to keep them clear and unobstructed for fire apparatus, they shall be marked in accordance with Sections 901.4.2.1 and 901.4.2.2.

"901.4.2.1 Signs. A sign of a size, type and design approved by the chief shall be located on the right side of the fire lane within the first 25' (7620-mm) of entry. The sign shall be permanently mounted with the bottom of the sign to be at least 6' (1828.8 mm) above grade but not greater than 10' (3048 mm) above grade.

"901.4.2.2 Such curbs shall have the words `FIRE LANE' (all capital letters) stenciled each 50' (15240 mm) on both the face and top edges. The stenciled letters shall be 3" 76.2 mm) high with a stroke of 1/2" (12.7 mm) and be white in color.

"Fire access lanes not having curbs shall have a 6" (152.4 mm) red stripe painted along the edge(s). This red stripe shall have the words `FIRE LANE' (all capital letters) stenciled each 50' (15240 mm). The stenciled letters shall be 3" (76.2 mm) high with a stroke of 1/2" (12.7 mm) and be white in color.

"It shall be unlawful for any owner, lessee, or person in charge of such private property to fail to install and then maintain such access signage and markings after having been given proper notice for such installation.

"When such areas are marked and signed as provided herein, it shall be unlawful for any person to park or leave standing a vehicle adjacent to any signed or marked area.

"901.4.2.3 Compliance with orders and notices. It shall be unlawful for any owner, lessee, or person in charge of such private property to fail to install and then maintain such access signage and markings after having been given proper notice for such installation.

"When such areas are marked and signed as provided herein, it shall be unlawful for any person to park or leave standing a vehicle adjacent to any signed or marked area."

Uniform Fire Code Section 901.4.3 is hereby amended to read:

"901.4.3 Fire protection equipment and fire hydrants. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the chief to prevent obstruction by parking and other obstructions.

"All fire department connections, post indicator valves and on-site fire hydrants shall be painted an approved yellow.

"Hydrant locations shall be identified by the installation of blue reflective markers.

"See also Section 1001.8."

Uniform Fire Code Section 901.4.4 is hereby amended to read:

"901.4.4 Premises identification.

"901.4.4.1 General. Address numbers and signs for all new and existing buildings shall be in accordance with Section 901.4.4 and Chapter 16.58 and Title 19 of the Sunnyvale Municipal Code.

"901.4.4.2 Unit numbers. Multi-unit residential and commercial buildings shall have units identified as required by the chief.

"901.4.4.3 Site directories. Site directories for building complexes shall be located and maintained as required by the chief."

Uniform Fire Code Section 902.2.2 is hereby amended by amending Sections 902.2.2.1 and 902.2.2.2 and adding Section 902.2.2.7.

"902.2.2 Specifications.

"902.2.2.1 Dimensions. The width and vertical clearance of fire apparatus access roads shall be in accordance with Sections 902.2.2.1.1 and 902.2.2.1.2

"902.2.2.1.1 Width. Fire apparatus roads shall have an unobstructed width of not less than 20 feet (6096 mm) and meet the requirements of Tide 19 of the Sunnyvale Municipal Code.

"Fire apparatus access widths shall be increased to 24 feet (7315.2 mm) when in the opinion of the chief, widths are not adequate to provide fire apparatus access. Fire apparatus access roads serving buildings of four or more stories in height, or 50 feet (15240 mm) or greater in height, shall have an unobstructed width of 26 feet (7924.8 mm).

"902.2.2.1.2 Vertical clearance. Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). The chief shall have the authority to approve structures, walkways, and similar projections above fire access roadways when such structures would not otherwise obstruct fire department operations, and where such structures provide a minimum vertical clearance of 13 feet 6 inches (4115 mm).

"Vertical clearances shall be increased when in the opinion of the chief, vertical clearances are not adequate to provide fire apparatus access.

"902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. Calculations for apparatus access road design shall be submitted for review prior to construction. The minimum traffic index for the access road design shall be 5.0 and shall bear the stamp and signature of a State of California engineer licensed for such design work.

"902.2.2.7 Cul-de-sacs. For the purposes of fire protection and fire apparatus accessibility, cul-de-sac streets shall not exceed 400 feet (121920 mm) maximum length. If it is determined that a longer cul-de-sac is essential for the property to be developed, the chief may impose additional requirements to ensure protection of life and property, including, but not limited to:

"1. Additional fire hydrants

"2. Increased turnaround ability

"3. Increased sprinkler density and coverage

"4. Emergency access easements."

Uniform Fire Code Section 902.2.4 is hereby amended by adding Sections 902.2.4.3 and 902.2.4.4.

"902.2.4.3 Traffic Calming DevicesSpeed bumps. The chief shall approve the design and installation of all speed bumpstraffic calming devices within the fire apparatus access.

"902.2.4.4 Runway spikes. The use of roadway spikes within the fire apparatus access is prohibited."

Section 902.5 is added to the Uniform Fire Code to read:

"Sec. 902.5 Access.

"902.5.1 Roof Security Barriers. Barbed wire fencing, razor wire fencing, chain link fencing or any other like security barrier shall not be installed at roof level in such a manner as to obstruct egress or access in the event of fire or other emergencies.

"902.5.2 Equipment Roof Screens. The chief may require a means of access to roof equipment without making entry through the building interior in the event of fire or other emergency. Spacing of access shall be as determined by the chief."

"902.5.3 Building Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the chief. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department.

Uniform Fire Code Section 903.4.2 is hereby amended to read:

"903.4.2 Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by the chief. See Appendix III-BB.

"A hydrant valve shall be provided for all on-site fire hydrants. The valve shall be located a minimum of 6 feet (1828.8 mm) from the hydrant. "Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of Section 16.52.180 of the Sunnyvale Municipal Code."

Uniform Fire Code Section 1001.4 is hereby amended to read:

"1001.4 Approval and Testing.

"1001.4.1 Final Inspections. No final inspection under the building and related codes set forth in Title 16 of the Sunnyvale Municipal Code as to all or any portion of the development shall be deemed completed and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed facilities and accessways has been completed and the final approval thereof of the department of public safety and the building safety division given as provided herein, and all inspection costs paid. Such final inspection shall be conducted solely to implement the enforcement of the provisions of this code, and shall in no manner be deemed as assurance on the part of the city of Sunnyvale that the facilities are or will continue to be in good working order."

Uniform Fire Code Section 1001.5 is hereby amended by amending Section 1001.5.4 to read:

"1001.5 Maintenance.

"1001.5.4 Systems in high-rise buildings. The owner of a high-rise building shall be responsible for assuring that the fire and life-safety systems required by Chapter 16.54 of the Sunnyvale Municipal Code are maintained in an operable condition at all times. The frequency of maintenance and record keeping shall be in accordance with Chapter 16.54 of the Sunnyvale Municipal Code."

Section 16.52.240. Fire appliances.

Uniform Fire Code Section 1001.10 is hereby amended to read:

"1001.10.1 Fire Fighters Air Systems. Approved fire fighters breathing air refill stations shall be installed when:

1. Buildings having floors used for human occupancy located five (5) stories or more above the lowest level of fire department vehicular access and one or more levels of below grade parking.
2. When any building has six (6) floors used for human occupancy above fire department vehicular access.

This system shall provide an adequate pressurized fresh air supply for filling breathing air bottles carried by fire suppression, rescue, and other personnel in the performance of their duties. Locations and specifications for access stations and the installation of such air replenishment systems shall be made in accordance with the requirements and standards of the chief.

Uniform Fire Code Section 1003 is hereby deleted and replaced with the following:

"SECTION 1003--FIRE-EXTINGUISHING SYSTEMS"

"1003.1 Installation Requirements for Fire-extinguishing Systems.

"1003.1.1 General. Automatic fire sprinkler systems shall comply with the provisions of this section. Where reference is made to U.B.C. Standards 9-1, 9-2 or 9-3 in the Uniform Fire Code, NFPA Standards shall be applied.

"1003.1.2 Applicability. The provisions of this section shall apply to all new structures and to existing structures to which additions, alterations or repairs are made in excess of 50 percent of the floor area within a 12 month period.

"The provisions of this section shall also apply to all existing nonconforming structures to which additions are made or where alterations or repairs are made in excess of 50 percent of the floor area within a 12 month period.

"EXCEPTION: In existing Group R-3 occupancies, an approved automatic sprinkler system shall be required to be installed only when additions to the Group R portion of the structure are made in excess of 50 percent of the total existing Group R occupancy floor area.

"EXCEPTION: The chief may require an automatic fire sprinkler installation for that portion that is added to an existing structure. The chief may also require an area separation wall between sprinklered and nonsprinklered portions of an existing structure, which has been modified less than 50 percent of the floor area.

"1003.1.3 Mixed Occupancy Group. When mixed occupancy groups are within a structure, the more restrictive requirement for automatic fire sprinkler installation shall be the determining factor for the structure.

"1003.1.3.1 Monitoring of Fire Extinguishing Systems. When a fire alarm system or waterflow monitoring system is installed in a building, the system shall monitor all fire extinguishing systems including, but not limited to, commercial kitchen extinguishing systems, clean agent systems, CO2 systems, foam systems, and dry chemical systems. Activation of the fire extinguishing system shall send an alarm signal and initiate the alarm signaling devices.

"1003.1.4 Floor area defined.

"1003.1.4.1 General. For the purpose of determining the requirement for automatic fire sprinkler protection, `floor area' shall mean the sum of the square footage to include basement and all stories within the surrounding exterior walls of the structure. Floor area shall also include the sum of all horizontal projections of the roof or other projections beyond the exterior walls of the structure. For structures or portions of, not provided with exterior walls, the floor area shall be the sum of the area under the horizontal projections of the roof.

"EXCEPTION: In existing Group R structures, `floor area' is defined as the sum of the actual interior square footage in the Group R portion of the structure.

"1003.1.4.2 Area separation walls. Portions of a building separated by area separation walls shall not be considered as separate buildings when determining requirements for automatic fire sprinkler and wet standpipe installation.

"1003.1.5 Riser Shut-off Valve. Each individual riser shall be equipped with a post indicator valve located outside the structure. The post indicator valve locations shall be determined upon plan review. Post indicator valves shall be a minimum of 20 feet (6096 mm) from any building opening. All valves shall be secured with non-case-hardened locks. Break-away type locks are not permitted.

"1003.1.6 Fire Department Connections. All fire department connections shall be located as approved by the chief within 25 feet (7620 mm) of the street or approved fire apparatus access. Fire department connections shall not be less than 30 inches (762 mm) nor more than 3 feet (914.4 mm) above the finished grade, and shall be equipped with an approved check valve and approved plugs or caps. All fire department connections shall be protected against mechanical or vehicular damage and shall be visible and accessible. The chief shall determine the number of fire department connections.

"1003.2 Required Installations.

"1003.2.1 General. Unless otherwise further restricted by this code, an automatic fire sprinkler system shall be installed in all new buildings where the fire flow for the building, per Appendix III-A, exceeds 2,000 gallons per minute or the floor area exceeds 10,000 square feet.

"For provisions on special hazards and hazardous materials, see Section 1001.9 and Articles 79, 80 and 81.

"1003.2.2 Special Requirements.

"1003.2.2.1 Basements.

"1003.2.2.1.1 General. Any story or basement located entirely or partially below grade in excess of 1500 square feet (139.4 square meters) regardless of the number of openings giving access.

"1003.2.2.1.2 Combustible waste storage. In all rooms within the building that are used for combustible waste storage unless, such storage is within containers in accordance with Sec. 1103.2.1.4; and in all storage areas that are within 5 feet (3048 mm) of the exterior building walls, roof overhangs, canopies or constitute an exposure to adjacent property.

"Such sprinklers may be connected to the domestic water supply if the structure is not otherwise required to be fire sprinklered. Systems using domestic water -supply shall not be less than 1-inch (25.4-mm) diameter pipe. Sufficient coverage of the area shall be provided and an approved accessible shut-off valve is to be provided for each room or area. Where valves are subject to possible vandalism an approved means of securing the valve in the open position shall be provided. Where there are no ceilings, an 18 square inch (11613 square mm) heat baffle shall be provided not more than 6 inches (152.4 mm) above the sprinkler head. All exposed piping shall be brazed copper or metal.

"EXCEPTION: The chief may amend this requirement where:

"1. Exterior structure walls are four hour fire resistive; and

"2. There are no roof or structure projections within 10 feet (3048 mm); and

"3. There are no wall openings within 10 feet (3048 mm) of such locations.

"1003.2.2.1.3 Noncombustible attics. In all noncombustible attic space or areas above ceilings which are greater than 6 inches (152.4 mm) in a fire sprinklered structure.

"1003.2.2.1.4 Floor spaces use as plenums. In all noncombustible floor spaces or areas below floors in a fire sprinklered structure which is used as an air plenum.

"EXCEPTION:

"1. The chief may permit the use of smoke detection in lieu of fire sprinklers in noncombustible floor spaces and when construction materials do not exceed a flame spread rating of 50.

"2. Noncombustible floor spaces in computer rooms constructed in accordance with NFPA 75.

"1003.2.2.1.5 Nitrate film. In rooms where nitrate film is stored or handled.

"1003.2.2.1.6 Combustible fiber storage vaults. In combustible, fiber storage vaults as defined in this code.

"1003.2.2.1.7 Sound stages and solid-ceiling sets and platforms. An automatic sprinkler system shall be installed in all permanent sound stages and in all interior solid-ceiling sets over 6000 square feet (55.7 square meters) in the area and under platforms over 600 square feet (55.7 square meters) in area which exceeds 3 feet (914mm) in height.

EXCEPTIONS: See 2001 California Fire Code. (see section 1003.2.10)

"1003.2.3 Group A Occupancies.

"1003.2.3.1 Drinking establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5,000 square feet (465 square meters). For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation.

"1003.2.3.2 Basements. An automatic sprinkler system shall be installed in basements classified as Group A Occupancy when the basement is larger than 1500 square feet (139 square meters) in floor area.

"1003.2.3.3 Group A, Division 1, 2, 2.1, 3 and 4 Occupancies. An automatic sprinkler system shall be installed if the total floor area exceeds 10,000 square feet (929 square meters) or if located above the first floor.

"1003.2.3.4 Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group A, Division 1, 2, 2.1, 3, and 4 Occupancies.

"1003.2.3.5 Multitheater complexes. An automatic sprinkler system shall be installed in every building containing a multitheater complex.

"1003.2.3.6 Amusement buildings. An automatic sprinkler system shall be installed in all amusement buildings. The main water-flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is temporary, the sprinkler water-supply system may be of an approved temporary type.

"EXCEPTION:

"An automatic sprinkler system need not be provided when the floor area of a temporary amusement building is less than 1000 square feet (92.9 square meters) and the exit travel distance from any point is less than 50 feet (15240 mm).

"1003.2.3.7 Stages. All stages shall be sprinklered. Such sprinklers shall be provided throughout the stage and in dressing rooms, workshops, storerooms and other accessory spaces contiguous to such stages.

"EXCEPTION:

"1. Under stage areas less than 4 feet (1219 mm) in clear height used exclusively for chair or table storage and lined on the inside with 5/8-inch (16 mm) Type X gypsum wallboard or approved equal.

"1003.2.3.8 Smoke-protected assembly seating. All areas enclosed with walls and ceilings in buildings or structures containing smoke-protected assembly seating shall be protected with an approved automatic sprinkler system.

"EXCEPTION: Press boxes and storage facilities less than 1,000 square feet (92.9 meters) in area and in conjunction with outdoor seating facilities where all means of egress in the seating area are essentially open to the outside.

"1003.2.4. Group B Occupancies. An automatic sprinkler system shall be installed in Group B Occupancies having a floor area of more than 10,000 square feet (929 square meters).

"1003.2.5 Group E Occupancies.

"1003.2.5.1 Group E, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout all buildings containing a Group B, Division 1 Occupancy.

"EXCEPTION: For buildings 10,000 square feet (929 square meters) or less and when each room used for instruction has at least one exit door directly to the exterior at ground level and when rooms used for assembly purposes have at least one half of the required exit directly to the exterior ground level, a sprinkler system need not be provided.

"1003.2.5.2 Group E, Division 2 and 3 Occupancies. An automatic sprinkler system shall be installed in Group E, Division 2 and 3 Occupancies having a floor area of more than 10,000 square feet (929 square meters).

"1003.2.5.3 Basements. An automatic sprinkler system shall be installed in basements classified as Group E Occupancies.

"1003.2.5.4 Stairs. An automatic sprinkler system shall be installed in enclosed usable spade below or over a stairway in Group E Occupancies.

"1003.2.6 Group F Occupancies.

"1003.2.6.1 General. An automatic sprinkler system shall be installed in Group F Occupancies having a floor area of more than 10,000 square feet (929 square meters).

"1003.2.6.2 Woodworking occupancies. An automatic fire sprinkler system shall be installed in Group F woodworking occupancies over 2,500 square feet (232.3 square meters) in area that use equipment, machinery or appliances which generate finely divided combustible waste or which use finely divided combustible materials.

"1003.2.7 Group H Occupancies.

"1003.2.7.1 General. An automatic fire sprinkler system shall be installed in Group H, Divisions 1, 2, 3, 6 and 7 Occupancies.

"1003.2.7.2 Group H, Division 4 Occupancies. An automatic sprinkler system shall be installed in Group H, Division 4 Occupancies having a floor area of more than 3,000 square feet (279 square meters).

"1003.2.7.3 Group H, Division 5 Occupancies. An automatic sprinkler system shall be installed in Group H, Division 5 Occupancies having a floor area of more than 8,000 square feet (743 square meters) or more than one story in height.

"1003.2.7.4 Group H, Division 6 Occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H, Division 6 Occupancies. The design of the sprinkler system shall be not less than the following hazard classifications:

*When the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers that needs to be calculated is 13.

"1003.2.7.5 Group H, Division 8. An automatic sprinkler system shall be installed throughout buildings housing Group H, Division 8 Occupancies. Sprinkler system design for research laboratories and similar areas of a Division 8 Occupancy shall not be less than that required for Ordinary Hazard Group 2 with a design area of not less than 3,000 square feet (279 square meters).

"In mixed occupancies, portions of floors or buildings not classified as Group H, Division 8 Occupancies shall be provided with sprinkler protection designed of not less than that required for Ordinary Hazard Group 1 with a design area of not less than 3,000 square feet (279 square meters).

"1003.2.8 Group I Occupancies. An automatic sprinkler system shall be installed in Group I Occupancies.

"EXCEPTION: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems. (See U.B.C. Standard 9-1).

"1003.2.8.1 Group I Occupancies. In basements of Group I Occupancies regardless of the floor area or number of openings giving access.

"1003.2.9 Group M Occupancies. An automatic sprinkler system shall be installed in Group M Occupancies having a floor area of more than 8,000 square feet (743 square meters).

"1003.2.10 Group R Occupancies.

"1003.2.10.1 Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed in Group R, Division 1 Occupancies. The design and installation shall be in accordance with NFPA Standard 13. Listed residential sprinklers shall be used.

"1003.2.10.2 Group R, Division 2 Occupancies. An automatic sprinkler system shall be installed in Group R, Division 2 Occupancies.

"EXCEPTIONS: 1. Group R, Divisions 2.1.1 and 2.2.1 Occupancies not housing bedridden clients and not exceeding two stories in height or not housing bedridden clients and not housing nonambulatory clients above the first story.

"1003.2.10.3 Group R, Division 3 Occupancies.

"1003.2.10.3.1" New Group R. Division 3 Occupancies. An automatic sprinkler system shall be installed in all new Group R, Division 3 Occupancies.

"1003.2.10.3.2" Existing Group, Division 3 Occupancies. In existing Group R-3 occupancies, an automatic sprinkler system shall be required to be installed when a addition is made to the Group R portion of the structure in excess of 50 percent of the total existing Group R occupancy.

EXCEPTION: When the floor area of the Group R portion of the existing structure in less than 1000 square feet, an addition of up to 500 square feet will be permitted without the provision of an automatic sprinkler system.

"1003.10.3.3" Design Requirements. Automatic sprinkler system installed within Group R-3 occupancies shall be in accordance with NFPA Standard 13D. Five gallons per minute shall be added to the sprinkler system demand at the point of connection to the domestic water piping. An automatic sprinkler system shall be installed in Groupin group R, Division 3 Occupancies. The design of the sprinkler system shall be in accordance with NFPA 13D.

"EXCEPTION: Five gallons per minute shall be added to the sprinkler system demand at the point of connection to the domestic water piping to determine the size of the common piping for the system.

"1003.2.10.4 Special provisions. Only approved pipe listed for fire sprinkler applications, and installed according to its listing, shall be used for automatic sprinkler systems. Residential fast response sprinkler heads shall be installed in habitable spaces of Group R, Division 1, 2, and 3 Occupancies.

"1003.2.11 Group S Occupancies.

"1003.2.11.1 Group S, Division 1 and 2 Occupancies. An automatic sprinkler system shall be installed in Group S, Division 1 and 2 Occupancies having a floor area of more than 10,000 square feet (929 square meters).

"1003.2.11.2 Special requirements. For special requirements of flammable and combustible liquids, see Article 79. For special requirements of high piled combustible storage, see Article 81. For special requirements of aerosol products, see Article 88.

"1003.2.11.3 Group S, Division 3 Occupancies. An automatic sprinkler system shall be installed in Group S, Division 3 Occupancies when:

"1. Of Type I construction and having a floor area of more than 15,000 square feet (1393.5 square meters).

"2. Of other than Type I construction and having a floor area of more than 7,500 square feet (696.8 square meters).

"1003.2.11.4 Group S, Division 4 and 5 Occupancies. An automatic sprinkler system shall be installed in Group S, Division 4 and 5 Occupancies when:

"1. Of Type I construction and having a floor area of more than 15,000 square feet (1393.5 square meters).

"2. Of other than Type I construction and having a floor area of more than 10,000 square feet (929 square meters).

"1003.2.12 Group U Occupancies. An automatic sprinkler system shall be installed in private garages and carports of Group U, Division 1 Occupancies having a floor area of more than 10,000 square feet (929 square meters) or more than one story in height.

"1003.3 Sprinkler System Monitoring and Alarms.

"1003.3.1 Where required. All valves controlling the water supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be electrically monitored where the number of sprinklers are:

"1. Twenty or more in Group I, Divisions 1.1 and 1.2 Occupancies.

"2. One hundred or more in all other occupancies.

"Valve monitoring and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station as defined by NFPA 72 as amended in Article 91 or, when approved by the chief, shall sound an audible signal at a constantly attended location.

"EXCEPTION:

"Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored.

"1003.3.2 Alarms. An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert occupants remote fire alarm annunciator panel shall be provided in the interior of the building in a normally occupied location. Actuation of the alarm shall be as set forth in nationally recognized standards.

"1003.4 Permissible Sprinkler Omissions. Subject to the approval of the chief, sprinklers may be omitted in rooms or areas as follows:

"1. Sprinklers shall not be installed when the application of water or flame and water to the contents may constitute a serious life or fire hazard, as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quick-lime, magnesium powder and sodium peroxide.

"2. Communication equipment areas under the exclusive control of a public communication utility agency, provided:

"2.1 The equipment areas are separated from the remainder of the building by one-hour fire-resistive occupancy separation; and

"2.2 Such areas are used exclusively for such equipment; and

"2.3 An approved automatic smoke-detection system is installed in such areas and is supervised by an approved central, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location; and

"2.4 Other approved fire-protection equipment such as portable fire extinguishers or Class II standpipes are installed in such areas.

"3. Other approved automatic fire-extinguishing systems may be installed to protect special hazards or occupancies in lieu of automatic sprinklers."

Uniform Fire Code Section 1004 is amended to read:

"Sec. 1004. Standpipes.

"1004.1 Installation Requirements.

"1004.1.1 General. Standpipe systems shall be installed in accordance with this section.

"1004.1.1.1 Fire hose threads. Fire hose threads used in connection with fire-extinguishing systems shall be national standard hose thread or as approved by the chief.

"1004.1.1.2 Dry standpipes. The use of dry standpipes within the city of Sunnyvale is prohibited.

"1004.1.1.3 Fire department connections. All 4 inch (101.6 mm) standpipes shall be equipped with a two-way fire department connection. All 6 inch (152.4 mm) standpipes shall be equipped with four-way fire department connections. All fire department connections shall be located within 25 feet (7620 mm) of the street or approved fire access lane, not less than 30 inches (762 mm) nor more than 3 feet (914.4 mm) above the finished grade, and shall be equipped with an approved check valve and plugs or caps.

"All connections shall be protected against mechanical or vehicular damage and shall be visible and accessible. The number of fire department connections shall be determined by the chief.

"1004.1.1.4 Riser shut-off valve. Each individual riser shall be equipped with a post indicator valve located outside the structure. The post indicator valve locations shall be determined upon plan review. Post indicator valves shall be a minimum of 20 feet (6096 mm) from any building openings. All valves shall be secured with a non case-hardened lock. Breakaway type locks are not permitted.

"1004.1.1.5 Hose reels, racks, and cabinet. When hoses are required by Table 1004-A, an approved hose reel or semi-automatic hose rack shall be provided for each 11/2 inch (38.1 mm) outlet. The hose reel or rack shall be protected by a suitable cabinet designed for such use, and shall be provided with not greater than 100 feet (30480 mm) of single jacket 11/2 inch (38.1 mm) fire hose, and an adjustable shut-off nozzle.

"1004.1.1.6 High-piled combustible storage. In buildings used or high-piled combustible storage, fire protection shall be in accordance with Article 81.

"1004.1.2 Standards. Standpipe systems shall comply with NFPA 14 and Section 1004.

"1004.2 Required Installations. Standpipe systems shall be provided as set forth in Table 1004-A.

"1004.3 Location of Class I Standpipe Hose Connections. There shall be a Class I standpipe outlet connection at every floor-level landing of every required stairway above or below grade and on each side of the wall adjacent to the exit opening of a horizontal exit. Outlets at stairways shall be located within the exit enclosure or, in the case of pressurized enclosures, within the vestibule or exterior balcony, giving access to the stairway.

"Risers and laterals of Class I standpipe systems not located within an enclosed stairway or pressurized enclosure shall be protected by a degree of fire resistance equal to that required for vertical enclosures in the building in which they are located.

"EXCEPTION:

"In buildings equipped with an approved automatic sprinkler system, risers and laterals which are not located within an enclosed stairway or pressurized enclosure need not be enclosed within fire-resistive construction.

"There shall be at least one outlet above the roof line when the roof has a slope of less than 4 units vertical in 12 units horizontal (33.3% slope).

"In buildings where more than one standpipe is provided, the standpipes shall be interconnected at the bottom.

"1004.4 Location of Class II Standpipe Hose Connections. Class II standpipe outlets shall be accessible and shall be located so that all portions of the building are within 30 feet (9144 mm) of a nozzle attached to 100 feet (30480 mm) of hose.

"In Group A, Division 1 and 2.1 Occupancies with occupant loads of more than 1000, outlets shall be located on each side of any stage, on each side of the rear of the auditorium and on each side of the balcony.

"Fire-resistant protection of risers and laterals of Class II standpipe systems is not required.

"1004.5 Location of Class III Standpipe Hose Connections. Class III standpipe systems shall have outlets located as required for Class I standpipes in Section 1004.3 and shall have Class II outlets as required in Section 1004.4.

"Risers and laterals of Class III standpipe systems shall be protected as required for Class I systems.

"EXCEPTION:

"1. In buildings equipped with an approved automatic sprinkler system, risers and laterals which are not located within an enclosed stairway or pressurized enclosure need not be enclosed within fire-resistive construction.

"2. Laterals for Class II outlets on Class III systems need not be protected.

"In buildings where more than one Class III standpipe is provided, the standpipes shall be interconnected at the bottom.

Uniform Fire Code Section 1006.2.12.2 is hereby deleted. Fire alarm systems in high rise buildings shall be governed by Chapter 16.54 of the Sunnyvale Municipal Code.

Uniform Fire Code Section 1006 is hereby amended by adding Section 1006.2.14 to read:

"1006.2.14 Dwelling Unit Smoke Detectors.

"1006.2.14.1 General. All dwelling units, currently existing or newly constructed, shall be provided with smoke detectors conforming to CFC Sec. 9102.1.1. "

1006.2.14.2 Dwelling unit defined. For the purpose of this section, dwelling unit shall include hotels, motels, apartment houses, residential dwellings, congregate residences, foster care homes, child care centers, day care homes and lodging houses.

"1006.2.14.3 Installation. Detectors shall be installed in accordance with the California Building Code, the manufacturer's instructions and Section 1006.2.13.

"1006.2.14.4 Interconnection. In new construction, smoke detectors shall be interconnected in such a manner that actuation of one shall cause actuation of all detectors in the dwelling unit.

"1006.2.14.5 Detector maintenance. Every smoke detector required to be installed under this section shall be maintained in operable condition by the owner of the dwelling unit. The owner shall ensure that all required smoke detectors are installed and in proper working order each time an occupant takes possession. After the occupant has taken possession of the premises, it shall be the duty of the occupant to regularly test each smoke detector in the unit and notify the owner immediately, in writing, of any problem, defect, malfunction or failure of any smoke detector. Upon being notified by an occupant that a detector is not in proper working order, the owner shall have such detector repaired or replaced immediately.

"Nothing in this subsection shall preclude a lease or rental agreement from providing that a tenant has the responsibility of maintenance or repair of a smoke detector; however, such provision notwithstanding, the owner shall be responsible to ensure compliance with the requirements of this section."

Section 905 of the Uniform Building Code is hereby incorporated in its entirety into the Uniform Fire Code as SECTION 1007 -- SMOKE CONTROL.

Whenever reference to the "building official" is made in this section, "chief" shall be substituted.

Whenever reference to a specific chapter is made in this section, it shall mean the chapters in the Uniform Building Code.

Section 906 of the Uniform Building Code is hereby incorporated in its entirety into the Uniform Fire Code as SECTION 1008 -- SMOKE AND HEAT VENTING.

Whenever reference to the "building official" is made in this section, "chief" shall be substituted.

Section 1107.3 is hereby added to the Uniform Fire Code to read:

"1107.3 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over- temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided."

Uniform Fire Code Section 1109.7 is hereby amended by deleting the exception.

Uniform Fire Code Section 1203 is hereby amended to read:

"SECTION 1203 -- EXIT OBSTRUCTIONS

"1203.1 General. Obstructions, including storage, shall not be placed in the required width of an exit, except projections as allowed by the Building Code. Exits shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the exit hazardous.

"1203.2 Seismic Supports for Storage Shelves. All storage shelves shall be adequately secured as to seismic forces as required by Chapter 16 of the Uniform Building Code. Storage shelves not controlled by the Uniform Building Code may be required to be secured to prevent obstruction of means of egress as determined by the chief."

Section 1207.8 is hereby added to the Uniform Fire Code to read:

"1207.8 Vehicular Obstructions. Where exit doors are located so that they could be obstructed by the parking of vehicles, vehicular barriers shall be provided in accordance with Section 8001.9.3 or as required by the chief."

Section 5101.1.1 is hereby amended to read in its entirety:

"5101.1.1 General. Semiconductor fabrication facilities and comparable manufacturing, research and development areas classified as Group H Occupancies shall be in accordance with Article 51, other applicable provisions of this code and the Building Code.

Uniform Fire Code Section 5202.4.4.2 is hereby amended to read:

"5202.4.4.2 Nozzles. A listed automatic-closing-type nozzle valve with a latch open-device shall be provided on island type dispensers used for dispensing Class I, II, or III-A liquids.

Uniform Fire Code Section 5204.5 is hereby amended by adding Section 5204.5.4 to read:

"5204.5.4 Bulk Storage. The bulk storage of CNG shall not be permitted in any zoning districts except those districts established by Title 19 of the Sunnyvale Municipal Code for such installations."

Section 6404.6 is amended to read as follows:

Ventilation. Ventilation shall be provided in accordance with the Mechanical Code and the following:

1. The ventilation system shall be designed to limit the maximum concentration of hydrogen to 1.0 percent of the total volume of the room in accordance with nationally recognized standards, or

2. Continuous ventilation shall be provided at a rate of not less than 1 cubic foot per minute (5.1 cubic meters per second per square meter) of floor area of the room.

3. Failure of the ventilation system shall initiate a local alarm and transmit a signal to a constantly attended station to automatically disengage the charging system.

Subsection 5 is hereby added to Section 7701.3.1 of the Uniform Fire Code to read:

"7701.3.1 Required.

"5. To manufacture, possess, store, sell or otherwise dispose of gunpowder when in quantities of over 20 pounds (9.1 kg) of smokeless powder or 1 pound (0.45 kg) of black sporting powder."

"7701.7.2 Limits established by law. The storage of explosives and blasting agents is permitted only within those zoning districts established in Title 19 of the Sunnyvale Municipal Code (Zoning) and described as the Industrial and Service Zone (M-S), M-3 and M-4 General Industrial Districts except for temporary storage for use in connection with approved blasting operations; provided, however, this prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuated power tools in quantities involving less than 500 pounds (226.8 kg) of explosive material."

Uniform Fire Code Section 7802.1 is hereby amended to read:

"7802.1 General. Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks. The chief shall have power to adopt reasonable rules and regulations for the granting of permits for the retail sales of model rocket engines, for the operation of any model rocket launch site, for supervised public displays of fireworks, or for the use of fireworks by artisans in pursuit of their trade.

"EXCEPTION

"1. Storage and handling of fireworks is allowed as set forth in the California Code of Regulations, Title 19.

"2. The use of fireworks for display is allowed as set forth in Section 7802."

Uniform Fire Code Section 7902.2.2.1 is hereby amended to read:

"7902.2.2.1 Locations Where Aboveground Tanks Are Prohibited. Storage of Class I and II liquids in aboveground tanks outside buildings is prohibited within zoning districts established in Title 19 of the Sunnyvale Municipal Code unless such installations are permitted.

"EXCEPTIONS:

"1. Double wall steel aboveground tanks used for the storage of Class II liquids, including integral diesel fuel storage tanks for generators or fire pumps, which are listed and limited to individual or aggregate capacity of 660 gallons. Tanks shall be located a minimum of ten (10) feet from any building and property line which is or can be built upon unless protected by an unpierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area.

"2. Protected aboveground storage tanks storing diesel fuel that is used to power generators or fire pumps shall not exceed 4,000 gallons individual capacity and 16,000 gallon aggregate capacity. Tanks with capacities of 661-4000 gallons shall be located a minimum of ten (10) feet from any building and fifteen (15) feet from a property line which is or can be built upon unless protected by an unpierced two (2) hour fire resistive wall extending not less than 30 inches above and to the sides of the storage area. Tanks shall be installed in accordance with Article 52.

"3. As approved by the Fire Chief, aboveground storage tanks used for dispensing fuel for motor vehicles shall be installed and maintained in accordance with Appendix II-F as amended.

"4.1 General. Protected aboveground tanks shall be listed and shall meet the requirements specified in UFC Standard 79-7, UL 2085 and shall be labeled accordingly.

"4.2 Size. Primary tanks for other uses shall not exceed a 2,000 gallon or 6,000 gallon aggregate capacity."

Protected aboveground tanks. Section 7902.2.10 is hereby added to the Uniform Fire Code to read:

"7902.2.10 Protected aboveground tanks.

"7902.2.10.1 Storage of Class I liquids. Storage of Class I liquids in protected aboveground tanks outside of buildings is prohibited unless installed for motor vehicle fuel dispensing stations in accordance with Article 52.

"7902.2.10.2 Storage of Class II and III liquids. Unless installed for motor vehicle fuel dispensing stations in accordance with Article 52, the storage of Class II and III liquids in protected aboveground tanks is permitted for the following uses only:

"1. Waste oil storage.

"2. Diesel fuel storage for emergency generators and fire pumps.

"3. Motor vehicle fuel located at construction sites.

"7902.2.10.3 Construction of tanks.

"7902.2.10.4 General. Protected aboveground tanks shall be listed per UL 2085 and shall meet the requirements of the Uniform Fire Code, Volume 2, Appendix Standard A-II-F-1.

"7902.2.10.5 Number of tanks and tank size. The chief shall approve the number of tanks. Individual tank sizes shall not exceed 2,000 gallons or 6,000 gallons aggregate capacity for motor fuel-dispensing stations outside buildings.

"7902.2.10.6 Installation Requirements.

"7902.2.10.6.1 General. All protected aboveground tanks shall meet the requirements of Title 19 (Zoning) and Title 20 (Aboveground Storage of Hazardous Materials) of the Sunnyvale Municipal Code.

"7902.2.10.7 Overfill protection. Protected aboveground tanks shall not be filled in excess of 90 percent of their capacity. An overfill prevention system shall be provided for each tank. During tank filling operations, the system shall:

"1. Provide an independent means of notifying the person filling the tank that the liquid level has reached 85 percent of tank capacity by providing an audible and visual alarm signal or:

"2. Automatically shut off the flow of fuel to the tank when the quantity of liquid in the tank reaches 90 percent of tank capacity.

"7902.2.10.8 Spill containment. A spill containment sump having a capacity of not less than 5 gallons (18.9 L) shall be provided for each fill connection. For tanks with a top fill connection, spill containment shall be noncombustible and shall be fixed to the tank and equipped with a manual drain valve which drains into the primary tank. For tanks with remote fill connections, a portable spill container shall be provided.

"7902.2.10.9 Fill pipe connections. If fill pipe shall be provided with a means for making a direct connection to the tank vehicle's fuel delivery hose so that the delivery of fuel is not exposed to the open air during the filling operation. When any portion of the fill pipe exterior to the tank extends below the level of the top of the tank, a check valve shall be installed in the fill pipe not more than 12 inches (304.8 mm) from the fill hose connection.

"7902.2.10.10 Separation distances. Protected aboveground tanks shall be located a minimum of 5 feet (1524 mm) from any structure and a minimum of 15 feet (4572 mm) from property lines. Where multiple tanks are installed, a 3 foot (914.4 mm) minimum tank to tank separation shall be maintained.

"7902.2.10.11 Protection from vehicular damage. Tanks and associated piping and equipment shall be protected from vehicular damage in accordance with Section 8001.11.3.

"7902.2.10.12 Signs. Warning and identification signs shall be installed in accordance with Section 8003.1."

Uniform Fire Code Sections 7902.6.1 and 7902.6.4 are hereby amended to read:

"7902.6.1. General. Underground storage of flammable and combustible liquids shall be in accordance with Sections 7902.1, 7902.6 and Title 20 of the Sunnyvale Municipal Code.

"7902.6.4. Buoyancy Calculation. Buoyancy calculations bearing the signature of a state registered engineer will be required for all tank installations at time of plan review."

Uniform Fire Code Section 7904.2.5.1 is hereby amended to read:

"7904.2.5.1 General. Permanent and temporary storage of Class I liquids in aboveground tanks on farms and construction sites shall be prohibited. The capacity of permanent aboveground tanks containing Class II liquids shall not exceed 1100 gallons (4163.9 L) and shall meet the requirements of Chapter 16.52 of the Sunnyvale Municipal Code. The capacity of temporary aboveground tanks containing Class II liquids shall be approved by the chief. Temporary tanks shall be of single compartment design, constructed in accordance with Section 7902.1.8.2 or in accordance with Chapter 16.52 of the Sunnyvale Municipal Code."

Uniform Fire Code Section 7904.2.5.4.2 is hereby amended to read:

"7904.2.5.4.2 Locations where aboveground tanks are prohibited. The storage of flammable or combustible liquids in aboveground tanks is prohibited within any zoning districts established in Title 19 of the Sunnyvale Municipal Code unless such installations are permitted.

Uniform Fire Code Section 7904.4 is hereby amended by adding Section 7904.4.10 to read:

"7904.4.10 Location of Industrial Plants. No new bulk plants shall be constructed within any zoning districts established in Title 19 of the Sunnyvale Municipal Code unless such installations are permitted."

Uniform Fire Code Article 80 is hereby amended to read:

‘8001.7.1 is hereby added as follows:

"8001.7.1 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.

"8001.11.10 Monitoring. Monitoring of storage/use systems of liquid and solid hazardous materials shall be provided on a regular or continuous basis. The monitoring system and its frequency shall be included in the Business Plan if otherwise required or shall be in writing for approval by the chief. Monitoring methods may include but are not limited to the following;

"1. Visual inspection, no less than monthly. (requires trained personnel and documentation).

"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 chief.

"8001.11.11 CONTAINMENT REQUIREMENTS. A containment system shall be required for all hazardous materials which are liquids or solids at normal temperature and pressure (NTP). Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of compatible materials to resist degradation and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system.

"The Chief may require outside containment areas to be covered with a roof or canopy for protection from the environment.

8003.3.1.3.5.1 General. Treatment systems shall be utilized to handle the accidental release of gas. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures and gas rooms.

EXCEPTIONS DELETED.

Uniform Fire Code Section 8102.9 is hereby amended to read:

"8102.9 Hose Stations and Hose Connections.

"8102.9.1 Small hose stations. When small hose valves and stations are required by Table 81-A, they shall be provided in accordance with Section 16.52.250 of the Sunnyvale Municipal Code and the appropriate NFPA Standards 231, 231C, 231D, 231E, or 231F."

Uniform Fire Code Section 8202.1 is hereby amended to read:

"8202.1 Permits and Plans. For a permit to store, use, handle or dispense LP-gas, or to install or maintain an LP-gas container see Section 105, Permit 1.1.

"EXCEPTION: A permit is not required to maintain portable containers of less than 125 gallons (473.2 L) aggregate water capacity.

"Distributors shall not fill an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the chief.

"Where a single container is over 125 gallons (473.2 L) water capacity or the aggregate capacity of containers is over 125 gallons (473.2 L) water capacity, the installer shall submit plans for such installations."

Section 8204.5 is hereby added to the Uniform Fire Code to read:

"8204.5 Bulk Storage. The bulk storage of LP-gas shall not be permitted in any zoning districts except those districts established by Title 19 of the Sunnyvale Municipal Code for such installations."

Appendix II-F is hereby amended to read:

"4.1 General. Protected aboveground tanks shall be listed and shall meet the requirements specified in UFC Standard 79-7 UL 2085 and shall be labeled accordingly.

"4.2 Size. Primary tanks shall not exceed a 2,000 gallon 6,000 gallon aggregate capacity."

Uniform Fire Code Appendix V-A, Section 2 is hereby amended to include:

....

"AMERICAN INSURANCE ASSOCIATION
85 John Street
New York, NY 10038

AMERICAN INSURANCE ASSOCIATION RESEARCH REPORTS
All published AIA Research Reports
ANSI Standards
All published ANSI Standards
API Standards
All published API Standards

"ASSOCIATION OF AMERICAN RAILROADS
Bureau of Explosives
1920 L Street, N.W.
Washington, DC 20036

AAR CIRCULARS
All published Technical Bulletins

"CHEMICAL MANUFACTURERS ASSOCIATION
1825 Connecticut Avenue, N.W.
Washington, DC 20009
All published Technical Bulletins

"DEPARTMENT OF TRANSPORTATION
400 Seventh Street, S.W.
Washington, DC 20590
All published DOT Regulations

"FERTILIZER INSTITUTE
1015 18th Street, N.W.
Washington, DC 20006
All published Technical and Safety Bulletins

"INDUSTRIAL RISK INSURERS
85 Woodland Street
Hartford, CT 06102
All published Technical and Safety Bulletins

Any person, property owner, firm or corporation who intentionally or negligently violates any provision of the Uniform Fire Code as adopted by this chapter, or who fails to comply with any order issued thereunder, shall be liable for a civil penalty which shall be not less than one hundred dollars nor more than five hundred dollars per day for each violation, which shall be assessed and recovered in a civil action brought by the city attorney.

In any civil action brought to seek such civil penalties, and/or to obtain injunctive relief for violation of any provision of the code, in which action the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action.

Such remedies are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

Any person, property owner, firm or corporation violating any of the provisions of this chapter by failing to comply with the requirements of 2001 California Fire Code shall be guilty of a misdemeanor, unless an infraction is specified, and upon conviction thereof shall be punishable as provided in Chapter 1.04 of the Sunnyvale Municipal Code. -