March 2, 2004
SUBJECT: PROPOSED MODIFICATIONS TO THE SUNNYVALE MUNICIPAL CODE REGARDING FIRE SPRINKLER REQUIREMENTS IN COMMERCIAL BUILDINGS
REPORT IN BRIEF
At the December 2, 2003 Council Study Session, the Public Safety Department met with Council and presented possible changes to the fire code relating to fire sprinkler requirements. Council directed staff to prepare a report with options for Council consideration at a regular Council meeting.
This report contains information requested by Council on December 2 and options for Council to consider regarding requirements for fire sprinklers in commercial buildings. Staff is recommending modifying the Sunnyvale Fire Code to require fire sprinklers in all commercial buildings greater than 5000 square feet when, 1) the building is constructed or, 2) for existing buildings, when there is a “change in use” from a less hazardous occupancy to a higher hazard occupancy. If Council approves these changes it will provide increased fire safety for the community, simplify the Fire Code and make it easier for staff and members of the public to understand. Staff is not recommending any changes to the existing residential sprinkler ordinance.
BACKGROUND
The fire code is revised and adopted approximately every three years. Sunnyvale is currently using the 2001 California Fire Code (with local amendments) that was adopted by Council on August 27, 2002. During the public hearing in 2002 concerns were raised about several fire safety issues in the downtown area, specifically in the 100 block of S. Murphy:
a) most of the buildings were not installed with fire sprinklers
b) the possibility of a fire spreading from one building to another because the buildings did not have fire sprinklers
Council directed staff to create a Council Study Issue for 2003. Staff brought information on this issue back to Council at the December 2, 2003 Council Study Session. Council provided preliminary direction to staff regarding fire safety requirements and directed staff to prepare a report with proposed ordinance changes and bring it to Council for public hearing. Council also requested additional information on several related items (see “Discussion” section).
Existing Ordinance Requirements – Commercial Occupancies
For new non-residential construction, installation of automatic sprinklers is required if the required fire flow (amount of water available for firefighting) exceeds 2,000 gallons per minute (gpm) or if the proposed floor area exceeds 10,000 square feet. Required fire flow is determined from California Fire Code Appendix III-A, a table that bases fire flow on the type of construction of the building and square footage. The Municipal Code also includes more restrictive sprinkler requirements for certain occupancy classifications. For example: Assembly occupancies where alcoholic beverages are consumed must have sprinklers when the area exceeds 5,000 square feet. Also, most occupancies classified as “hazardous” due to usage of chemicals must have sprinklers.
Tenant Improvements (remodels) to commercial buildings require sprinklers when additions are made, or when alterations or repairs are made to more than 50 percent of the existing floor area in a 12-month period.
Existing Ordinance Requirements – Residential Occupancies
Sprinkler systems must be installed in all new residential construction.
Existing multi-family (three or more dwelling units) buildings must be sprinklered when additions are done or when alterations or repairs are made to more than 50 percent of the existing floor area in a twelve month period.
For one and two family dwellings sprinklers are required whenever an addition increases the living space by 50% or more (unless the remodel is less than 500 square feet). Multiple additions of less than 50 percent of the existing square footage to the same structure are currently permitted as long as they do not occur in the same twelve-month period.
DISCUSSION
Information Requested by Council
Council also requested additional information on the following:
1. Dollar loss and loss of life from fires in the downtown area
Dollar loss for fires from year 2000 to present is $94,475 ($22,175 structure loss and $72,300 contents loss). There was one fatality (in a sprinklered building) and one injury to a firefighter. See Attachment A for details.
2. Incentives other cities have used to encourage installation of fire sprinklers in commercial buildings
The California Building Code allows certain “trade-offs” when a sprinkler system is provided in a building. The trade-offs may take the form of reduced building fire resistance ratings, increase in allowable stories, increase in allowable building area, or increased exit travel distance. Jurisdictions may offer other “incentives” to encourage property owners to install sprinkler systems. Fire officials may allow fire flow (water available for fire fighting) to be reduced by up to 75 percent of that required for an unsprinklered building. Other “incentives” may be reduced permit fees, increased project density, reduced roadway widths, increased travel distances to hydrants or increased length of dead end roadways.
For example: As part of a project to replace old, small water mains, the City of Petaluma is bringing a fire service water lateral from the water main to the easement area for buildings in the project area. There is no cost to the business for this fire service line. The City of San Luis Obispo waives permit fees for retro-active or voluntary installations and will also reimburse owners of buildings in the downtown area for the costs to install the underground fire service line. The cities of San Luis Obispo and Redding both allow distances to fire hydrants to be extended under some circumstances when sprinklers are provided.
3. If owners of residential properties have escaped the residential fire sprinkler ordinance requirement for remodels (sprinklers required when remodeling 50% or greater) by remodeling two different times - less than 50% each time.
The Sunnyvale residential sprinkler requirements have been in effect since 1987. In the subsequent 16 years there have been many homeowners who have completed additions less than 50 percent of existing square footage. It is not known how many have completed subsequent additions to the same structure where the total square footage of the two remodels has exceeded 50% of the square footage of the dwelling and sprinklers were not installed. The City’s computer system used by the Community Development Department's Building Safety Division does not track this information. Staff believes that if this has occurred, it is rare and is not a deliberate act to avoid the cost of installing sprinklers. The money saved by not adding sprinklers is not significant enough to outweigh the cost and inconvenience of a second remodel project.
Commercial Fire Sprinkler Ordinance – Square Footage Requirement
Staff recommends amending the current Sunnyvale Fire Code sprinkler requirements so that sprinklers are required in all non-residential buildings when the square footage exceeds 5,000 square feet. Staff believes this is reasonable and provides a greater level of fire protection for life and property. If Council approves the changes, the sprinkler requirements based on required fire flow would conflict and, therefore, would be eliminated.
Staff believes this is a reasonable change for the following reasons:
The amended Fire Code would be less complicated than the prior version; the code is easier to understand and enforce; the use of the 5,000 square foot threshold is consistent with a majority of respondents to a 2003 sprinkler ordinance survey within California.
Commercial Fire Sprinkler Ordinance – “Change in Use” Requirement (Before Council for the first time)
Staff brings to Council for consideration a new additional requirement for sprinklers to be installed in existing buildings whenever there is a change in use from a less hazardous occupancy to a more hazardous occupancy. An example of this is a change from a retail store to an assembly occupancy (e.g. restaurant or bar). If approved by Council, this would be an additional, new "stand alone" requirement for sprinklers.
Residential Sprinkler Ordinance
Staff believes that the existing residential sprinkler ordinance requiring sprinklers in all new construction is reasonable and effective as currently written.
For residential remodels Council could amend the current sprinkler requirements to require that sprinklers be installed when residential additions (one and two family dwellings) exceed 50 percent of the square footage existing at the time of purchase by the current owner.
FISCAL IMPACT
None
PUBLIC CONTACT
Council Agenda
Sunnyvale Chamber of Commerce
Downtown Business Association
Building Industry Association; Tri-County Apartment Association
Silicon Valley Manufacturers Group
Advanced Micro Devices
Applied Materials
Juniper Networks
Lockheed-Martin Corporation
Network Appliance
Yahoo Corporation
Sunnyvale Sun
ALTERNATIVES
1. Amend Sunnyvale Municipal Code Section 16.52.250 and adopt the resolution of findings to require sprinklers in all commercial buildings greater than 5,000 square feet.
This amendment would eliminate the need for the "fire flow" table - California Fire Code Appendix III-A, a table that bases fire flow on the type of construction of the building and square footage.
2. Amend Sunnyvale Municipal Code Section16.52.250 and adopt the resolution of findings to require sprinklers in all commercial buildings greater than 5,000 square feet when there is a “change in use” from a less hazardous occupancy to a higher hazard occupancy.
3. Amend Sunnyvale Municipal Code Section 16.52.250 and adopt the resolution of findings to require sprinklers be installed in one and two family residential occupancies when remodels/additions exceed 50 percent of the square footage existing at the time of purchase by the current owner.
4. Do not amend Sunnyvale Municipal Code Section 16.52.250.
RECOMMENDATION
Staff recommends Alternative #1 and 2.
Prepared By:
Byron Pipkin
Public Safety Captain
Reviewed By:
Michael Maehler
Acting Director of Public Safety
Approved By:
Amy Chan
Acting City Manager
Attachments
A. Downtown Building Fires and Loss Since January 2000
B. Amendments to Sunnyvale Municipal Code Chapter 16.52 (referred to as the Sunnyvale Fire Code)
C. Resolution of the City Council of the City of Sunnyvale