HomeMy WebLinkAboutT-3879 - Agreement/Covenant - 6/23/2006 r
PLEASE CONFORM
P. W. File No. 8541 Public Works Department
UGM No . 285 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3879
(Phase I of Tentative Tract No . 3879 )
THIS AGREEMENT is made this day of �Qc-4-o6er - 1987, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Spalding G. Wathen and Della
Wathen, Husband and Wife, Gloria Wathen, a Widow, and Gloria Wathen, as
Trustee of the Estate of Richard G . Wathen, deceased , 4470 N. Effie
St . . Fresno. CA 93726 , hereinafter collectively designated and called
the "Owner" , and Grupe Development Company - Northern California, a
California Corporation, 10282 N. Friant Road, Fresno, CA 93710,
hereinafter designated and called the "Developer" . The "Owner" and the
"Developer" shall hereinafter collectively and individually be referred
to as the "Subdivider" without regard for number or gender .
RECITALS
1 . The Subdivider has presented to the City a certain final map of
a proposed subdivision of land owned by the Subdivider and located within
the corporate limits of the City, and known and described as Tract
No. 3879, a copy of which map is attached to and made a part of this
Agreement, and said Subdivider has requested the City to accept the
dedications delineated and shown on said map for the use and purposes
specified thereon, and to otherwise approve said map in order that the
same may be recorded , as required by law.
2 . The City requires , as a condition precedent to the acceptance
and approval of said map, the dedication of such streets , highways and
public places and easements as are delineated and shown on said map, and
deems the same as necessary for the public use, and also requires that
any and all streets delineated and shown on said map shall be improved by
the construction and the installation of the improvements hereinafter
specified .
3 . Section 12-1012 of the Municipal Code of the City of Fresno
requires the Subdivider to enter into this Agreement with the City
whereby Subdivider agrees to do, perform and complete the work and
matters hereinafter in the Agreement mentioned and set forth in detail ,
within the time hereinafter mentioned , in consideration of the acceptance
of the offers of dedication by the City of Fresno.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the
streets, highways , public ways, easements and facilities as shown and
delineated on said map, and the approval of said map for filing and
recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider
and the City do hereby mutually agree as follows :
-2-
4 : The Subdivider shall perform the work and improvements
hereinafter specified on or before November 30, 1988 , except the sidewalk
and lot corner monumentation which shall be completed upon construction
of the residential dwellings in Tract 3879 but no later than November 30,
1989 , to the satisfaction of the Director of Public Works and/or the City
Engineer of the City as provided by Code . Issuance of building permits
for any structure within the subdivision shall conform to the
requirements of the Uniform Fire Code . The Subdivider ' s attention is
particularly called to Sections 10. 207 (a) , 10. 301 (c) and 10. 301(d) shown
in Exhibit "A" attached hereto and hereby made a part of this Agreement .
No occupancy permit shall be issued until an approved "all weather"
street frontage and access is constructed . The issuance of any occupancy
permits by the City for dwellings located within said subdivision shall
not be construed in any manner to constitute an acceptance and approval
of any or all of the streets and improvements in said subdivision. When
a delay occurs due to unforeseen causes beyond the control and without
the fault or negligence of the Subdivider, the time of completion may be
extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for
a time extension with the Director of Public Works prior t,o the above
noted date, who shall ascertain the facts and determine the extent of
justifiable delays, if any. The Director of Public Works shall give the
Subdivider written notice of his determination in writing, which shall be
final and conclusive.
5 . The work and improvements , more specifically shown on the
referenced plans and made a part hereof , shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications , "City Standards" , adopted September 11 , 1984 , by
Resolution No. 84-361 and as amended , at the sole cost and expense of the
Subtlivieler including all costs of engineering, inspection and testing.
-3-
6 '. The work and improvements are as follows :
a . Construct all landmarks , monuments and lot corners required
to locate land divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to
the City' s final acceptance of the subdivision and release of
securities , the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider ' s engineer or
surveyor for the final setting of all monuments required in the
subdivision.
b. All utility systems shall be installed underground .
Subdivider ' s attention is directed to the installation. of street
lights in accordance with Resolution No . 68-187 and Resolution
No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights . The
Subdivider shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc . , of standards and
luminaires shall be in accordance with Resolution No . 78-522 or any
amendments or modifications which may be adopted by Council prior to
the actual installation of the lights and shall be approved by the
City Traffic Engineer .
C . Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d . Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9 , Article 5 of the
Fresno Municipal Code and all applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.7012
of the Fresno Municipal Code.
f . As a condition of final map approval , the Subdivider is
required to pay a street tree fee in accordance with the master fee
resolution. In lieu of paying the street tree fee , the Subdivider
has posted improvement security in the amount of Eight Thousand Two
Hundred Twenty-Five and 00/100 Dollars ($8 , 225 . 00) to guarantee
planting and maintenance until time of occupancy of the required
trees by the Subdivider until the City accepts the street trees for
maintenance purposes .
Prior to planting any street trees in the subdivision, the Subdivider
agrees to submit a detailed landscaping plan for the entire
subdivision to the City Parks Department for approval . The plan
shall include the types , location, and number of trees proposed for
planting. The Subdivider agrees that the City shall not be obligated
to accept any tree for maintenance purposes which is not included in
the approved landscaping plan.
-4-
j
g. Perform and construct all work shown on the attached plans
(City Drawing Nos . 10-C-5147 through 10-C-5157 inclusive ; Water Job
3655; 15-C-6378 through 15-C-6388 inclusive; and FMFCD Drawing Nos .
DK-14-1 through DK-14-4 inclusive ) , unless specifically omitted
herein.
h. Install and complete all other street improvements required
by Section 12-1012 of the Fresno Municipal Code in accordance with
the City of Fresno standard Specifications and the construction plans .
i . The Subdivider has deposited with the City the sum of Two
Hundred Three Thousand Thirty and 06/100 Dollars ($203 , 030. 06) for
the following:
( 1) Inspection Fees
$33 , 971 . 45 Less $12 , 412 . 36 $21, 559 . 09
Paid w/ Early Construction Agreement
(2 ) Monument Check Fee
107 Lots @ $25 . 00/Lot $2 , 675 . 00
(3 ) Intersection Signing, 6 @ $120. 00 $720 . 00
(4 ) Traffic Regulatory Signing, 2 @ $35 . 00 $70 . 00
(5) Street Tree Inspection Fee
175 Trees @ $13 . 00 ea . $2 , 275 . 00
( 6) Sanitary Sewer Fees $-0-
See Item 11 Below
(Note: Major Facilities
Fee is to be paid at time
of development . )
Total Sewer Charges $-0-
(7) Water Charges $34 , 624 . 83
(a ) Fire Hydrant Charge (Zone District R-1/UGM)
1 ,037,711 SF @ $0. 75/100 SF $7 , 782 . 83
(b) UGM Well Development
Charge (Supply Well No. 101-S)
33 . 39 Ac @ $800 . 00/Ac $26 , 712 . 00
(c) Water Construction Charge
104 Lots @ $1 . 25 /Lot $130. 00
Total Water Charges $34 ,624 . 83
-5-
(8 ) UGM Major Street Charge; (Zone A)
33 . 39 Ac . @ $2 , 885 . 00/Ac $96 , 330. 15
(9 ) UGM Major Street Bridge Charge
(Zone A)
33 . 39 Ac . @ $30. 00/Ac $1, 001 . 70
(10) UGM At-Grade Railroad Crossing Fee,
Service Acreage Fee Fee
Area Rate
A-C 33 . 39 Ac $288 . 00 $9 , 616 . 32
A-E 33 . 39 Ac $160 . 00 $5 , 342 . 40
E-1-A 33 . 39 Ac $168 . 00 $5 , 609 . 52
Total Fee $20, 568 . 24
( 11) Millbrook Overlay Sewer
Service Area Fee
33 . 39 Ac @ $695 . 00/Ac $23 , 206 . 05
TOTAL FEES AND CHARGES $203 , 030. 06
( 12) Fee Deferrals-Present Credits-Future Reimbursements
(a ) UGM Fire Station Fee
Deferred by Covenant
Service Area No . (21)
Zone District (R-1/UGM)
33 . 39 Ac @ 1, 388 . 00/Ac $46, 345 . 32
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No . ( 1)
'Lone District (R-1/UGM)
3 . 39 Ac @ 982 . 00/Ac $32 ,788 . 98
(c) Sanitary Sewer Oversize Charge
Present Credit-Future Reimbursement
33 . 39 Ac @ 240 . 00/Ac $8 , 013 . 60
Less Oversize Credits [$76 , 800 . 00]
Net Charge $_0_
Future Reimbursements shall be made in accordance with
Section 9-503 . 2 of the Fresno Municipal Code
(UGM Reimbursement Area No. 3)
-6-
(d ) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
33 . 39 Ac @ 440 . 00/Ac $14 , 691 . 60
Less TGM Credits [$154 , 010. 00]
Net Charge $_0_
Future Reimbursements shall be made in accordance with
Section 14-107 . 1 (d) of the Fresno Municipal Code
(UGM Reimbursement Area A)
(e) UGM Traffic Signal Charges
Present Credit-Future Reimbursement
33 . 39 Ac @ 370 . 00/Ac $12 , 354 . 30
Less Signal Credit [$12 , 354 . 30]
Net Charge $_0_
Future Reimbursements shall be made in accordance with
Section 11-226 (f ) of the Fresno Municipal Code
(f) Fire Hydrant Reimbursement
9 F.H. @ 300 . 00/F.H. $2 ,700. 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1 (b) of the Fresno Municipal Code
7 . Subdivider has paid to the City of Fresno, in accordance with
Article 13 , Chapter 13 of the Fresno Municipal Code, the required fee to
defray the costs of constructing planned local drainage facilities for
the removal of surface and storm waters from the subdivision.
8 . It is agreed that the City shall inspect all work. All of the
work and improvements and materials shall be done, performed and
installed in strict accordance with the approved construction plans for
said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City, which said plans and specifications
and standards are hereby referred to and adopted and made a part of this
Agreement . In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California , Division of Highways . All of said work and
-7-
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
9 . Prior to the approval by the Council of the City of said final
map, the Subdivider shall furnish to the City:
a . Performance security in the sum of One Million One Hundred
Sixty-Eight Thousand and 00/100 Dollars ($1, 168 , 000 . 00) , which is
equal to 100% of the total estimated cost of the work required . Five
percent (5%) of said amount , Fifty-Eight Thousand Four. Hundred and
00/100 Dollars , ($58 , 400. 00) , shall be cash or a Certificate of
Deposit, all to be conditioned upon the faithful performance of this
Agreement ; and
b. Payment security in the sum of Five Hundred Eight-Four
Thousand and 00/100 Dollars ($584 ,000.00) , which is equal to 50% of
the total estimated cost of the work required to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them for said improvements . Bonds shall be by one or more duly
authorized corporate sureties subject to the approval of the City and
on forms furnished by the City.
C . Performance security in the sum of Eight Thousand Two
Hundred Twenty-Five and 00/100 Dollars ($8 , 225 . 00) , which is equal to
100% of the total estimated cost of street tree planting and
maintenance required . One hundred percent (100%) of said amount
shall be cash or a Certificate of Deposit, all to be conditioned upon
the faithful performance of this agreement.
d . Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
10. On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Eleven Thousand
Three Hundred Forty and 00/100 Dollars ($11, 340.00) , for guarantee and
warranty of the work for a period of one (1) year following acceptance
against any defective work or labor done or defective materials
furnished . In accordance with Section 12-1016 of the Fresno Municipal
Code , said warranty security shall be in the form of cash or a
Certificate of Deposit . The warranty security shall be returned to the
Subdivider, less any amount required to be used for fulfillment of the
warranty one ( 1) year after final acceptance of the subdivision
improvement .
-8-
11 . The City shall not be liable to the Subdivider or to any other
person, firm or corporation whatsoever , for any injury or damage that may
result to any person or property by or from any cause whatsoever in, on
or about the subdivision of said land covered by this Agreement, or any
part thereof . The Subdivider hereby releases and agrees to indemnify and
save the City harmless from and against any and all injuries to and
deaths of persons, and all claims, demands, costs , loss , damage and
liability, howsoever same may be caused , resulting directly or indirectly
from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto
pursuant to this Agreement, and also from all injuries to and deaths of
persons , and all claims, demands, costs , loss, damage and liability,
howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdivider ' s agents, employees and
subcontractors, while engaged in the performance of said work. The
Subdivider further agrees that the use for any purpose and by any person
of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times
prior to final acceptance by the City of the completed street and other
improvements thereon and therein.
12 . The Subdivider shall remedy any defective work or labor or any
defective materials and pay for any damage to other work resulting
therefrom which shall occur within a period of one ( 1) year from the date
of acceptance of the work.
13 . The Subdivider and his subcontractors shall pay for any
materials, provisions , and other supplies used in, upon, for, or about
the performance of the work contracted to be done, and for any work or
labor thereon of any kind, and for amounts due under the Unemployment
-9-
'Insurance Act of the State of California , with respect to such work or
labor, and shall file with the City pursuant to Section 3800 of the Labor
Code, a Certificate of Workers ' Compensation and shall maintain a valid
policy of Workers ' Compensation Insurance for ' the duration of the period
of construction.
14 . Initial soils compaction testing for public utility improvement
work within the right-of-way shall be ordered by and paid for by the City
of Fresno. Public utility improvements shall include street surface
improvements , sanitary and storm sewers , City water facilities and
irrigation lines . All other compaction testing for private utility
installations shall be paid for by the Subdivider or his agent .
Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and
direction of the City Engineer who shall determine locations and depths
to be tested . Any compaction tests failing to meet the City' s
requirements shall be reordered by the City and paid for by the
Subdivider or his agent. Billing for the private utility tests and any
required retesting due to failures shall be made directly to the
Subdivider or his agent.
15 . The Subdivider shall comply with Street, Plumbing. Building.
Electrical , Zoning Codes and any other codes of the City.
16 . It shall be the responsibility of the Subdivider to coordinate
all work done by his contractors and subcontractors , such as scheduling
the sequence of operations and the determination of liability if one
operation delays another . In no case shall representatives of the City
of Fresno be placed in the position of making decisions that are the
responsibility of the Subdivider . It shall further be the responsibility
of the Subdivider to give the City Engineer written notice not less than
-10-
two (2) working days in advance of the actual date on which work is to be
started . Failure on the part of the Subdivider to notify the City
Engineer may cause delay for which the Subdivider shall be solely
responsible .
17 . Whenever the Subdivider varies the period during which work is
carried on each day, he shall give due notice to the City Engineer so
that proper inspection may be provided . If Subdivider fails to duly
notify City as herein required , any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall
not relieve the Subdivider of any of his obligations to fulfill the
Agreement as prescribed . Defective work shall be made good , and
unsuitable materials may be rejected , notwithstanding the fact that such
defective work and unsuitable materials have been previously overlooked
by the Engineer or Inspector and accepted .
18 . Any damage to the sewer system, concrete work or street paving
that occurs after installation shall be made good to the satisfaction of
the City Engineer by the Subdivider before release of bond, or final
acceptance of completed work.
19 . Adequate dust control shall be maintained by the Subdivider on
all streets within and without the subdivision on which work is required
to be done under this Agreement from the time work is first commenced in
the subdivision until the paving of the streets is completed . "Adequate
dust control" as used herein shall mean the sprinkling of the streets
with water or the laying of a dust coat of oil thereon with sufficient
frequency to prevent the scattering of dust by wind or the activity of
vehicles and equipment onto any street area or private property adjacent
to the subdivision. Whenever in the opinion of the City Engineer
adequate dust control is not being maintained on any street or streets as
-11-
required by this paragraph. the City Engineer shall give notice to the
Subdivider to comply with the provisions of this paragraph forthwith.
Such notice may be personally served upon the Subdivider or, if the
Subdivider is not an individual , upon any person who has signed this
Agreement on behalf of the Subdivider or. at the election of the City
Engineer , such notice may be mailed to the Subdivider at his address on
file with the City Engineer . If , within twenty-four (24 ) hours after
such personal service of such notice or within forty-eight (48) hours
after the mailing thereof as herein provided. the Subdivider shall not
have commenced to maintain adequate dust control or shall at any time
thereafter fail to maintain adequate dust control , the City Engineer may,
without further notice of any kind , cause any such street or streets to
be sprinkled or oiled , as he may deem advisable to eliminate the
scattering of dust, by equipment and personnel of City or by contract as
the City Engineer shall determine, and the Subdivider agrees to pay to
City forthwith, upon receipt of billing therefor, the entire cost to City
of such sprinkling or oiling. When the surfacing on any existing street
is disturbed, this surfacing shall be replaced with temporary or
permanent surfacing within fourteen (14 ) calendar days , and the roadway
shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be
maintained during these operations .
20. Concrete curbs and gutters , the sanitary sewer system and house
connections , together with water mains , gas mains , and their respective
service connections , shall be completed in the streets and alleys before
starting the street and alley surfacing.
-12-
21 . Time is of the essence of this Agreement , and the same shall
bind and inure to the benefit of the parties hereto , their successors and
assigns .
22. No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or in part by the Subdivider
without the written consent of City.
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
MARVIN D. JOHNSON OWNER
ACTING PUBLIC WORKS DIRECTOR
a �;F- -ek-1-24XAL4.�
a ing G W th n
ATTEST:
Vella WAthLn
JACQUELINE L. RYLE
City Clerk
is Wathen, Trustee of the
By ( �.�n 1ti Estate of Richard G. Wathen, Deceased
Deputy
ria Wathen
DEVELOPER
APPROVED AS TO FORM: GRUPE DEVELOPMENT COMPANY -
NORTHERN CALIFORNIA, a
HAR Y WALLA California Corporation
City tto
BY BY]:YA 2
RICHARD C. STRONG, Director of Development
By
GSA: sn
2038dl306 (Attach Notary Acknowledgment)
-13-
7
r STATE OF CALIFORNIA Iss.
n COUNTY OF rFreano ►
E
O October 1 1987 before me,the undersigned,a Notary Public in and for
i=
said State,personally appeared Spaldin G. Wathen
c
d personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is
EDELLA WATHEN
a subcribed to the within instrument as the Attorney in Fact of
» j
LL yy
and acknowledged to me that he/"subscribed the name(s) OFFICIAL SEAL
ITO of DELLA WATHEN ANNA MALLET
C { NOTARY PUE3LIC C.ILIFOf ,'dtlr,l
r • PRINCIPAL OFFICE '.N
thereto as principal(s),and his/y&own name as Attorney in i -, FRESNO COUNTY
Fact. My Commission Expires Dec.21,199Df
>r
a
T WITNESS my d a d officia
a (This area for official notarial seal)
Signatur
v
0
0
I
C STATE OF CALIFOENIA las.
n COUNTY OF Fresno )
UOn October 1, 1987 before me,the undersigned,a Notary Public in and for t
o said State,personalty appeared Spalding C. Wathen
~ i
m
E
a
4 personally known to me(or proved to me on the basis of satis-
factory evidence)to be the person(s)whose name(s)is/are sub- OFFICIAL SU..L
scribed to the within instrument and acknowledged to me that
ANNA MALLET
NOTARY PUBLIC-CALIFORNIA
_ he/she/they executed the same. PRINCIPAL OFFICE IN
N FRESNO COUNTY
°�° WITNESS my hand and official se My Commission Exp!res Dec.21,1990
CD
g f
Signature g '� (This area for official notarial seal)
STATE OF CALIFORNIA
ss. I
. i
COUNTY OF
l!
On this day of in the year 1927
before me, the undersigned, a Notary Pub Ip in and for said State, personally appe red
��r.rir`.u.1��`ll�i n_.,.r d. ls-�.Et�^i�t. �t/ �►,—Tr u
OFFICIAL SEAL
PAT NK
I Notary P blcACalifornia personally known to me j
I FRESNO COUNTY (or proved to me on the basis of satisfactory evidence) to be the person_whose name_
My Comm. Exp.Aug. 18, 1990 %5 subscribed to the within instrument,and acknowledged to me that iLhe_
j executed it.
Ii 5250 No. P3!m Av.,0 402,Fresno,CA 93704
WITNESS my hand and official seal.
f 't
ACKNOWLEDGMENT—Gantral—Walcont Form 233CA—ntv.5.82 Notary Public in and for said State. +�
01982 WOLCOTTS.INC. (of"c4tt9.2) '
I
}
STATE OF CALIFORNIA FRESNO }ss.
COUNTY OF — ------_ --- _ —_-1
OCTOBER 6 1987
On_____— �.__ _.____._before me,the undersigned,a Notary Public in and for
said State,personally appeared RICHARD C. STRONG
personally known to me(or proved to me on the
E
a c basis of satisfactory evidence)to be the persons who executed the within instrument as—DIRECTOR OF
m DEVELOPMENT
LLE --__ __ PAKyd43UMK 9bMW� ,on behalf of_GRUPE_,_—,
0
o _DEVELOPMENT COMPANY—NORTHERN- CALIF.
m __..--.----
o m the corporation therein named,and acknowledged to me that o
C' �� P�p5% Il
o u such corporation executed the within instrument pursuant to its I �_ CAB �� t,
` NOTARY PUBLIC,-C.AG� ,:.;;'�li',j(
} by-laws ora resolution of its board of directors. 1;�a- PRiwil AL OFFICE IN �
C14 FRESNO COUNTY i►
w WITNESS my hand and official seal. My Commission Expires July 5, 1991=P
0
N
O
o Signature_ - (This area for official notarial seal)
A
• 1992 ECMON 10.201.10.205
Division II
GENERAL PROVISIONS
- Tampering with Fire Equlpment
Sec 10.01.No person shall molest,tamper with,damace or otherwise disturb
anv apparatus.equipment or appurtenance belonging to or under the supervision
and control of the fire department without authonty from the chief or his
authorized representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec. 10.:02.No person shall remove,tamper with or otherwise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi-
sions of this code except for the purpose of extinguishing fire,training purposes,
recharcine. or making necessary repairs. or when permitted by the fire depart-
ment. Whenever a fire appliance is removed as herein permitted, it shall be
replaced or rc:nstalled as soon as the purpose for which it was removed has been
accomplished.
Hydrant Use Approval
Sec. 10.203. No person shall use or operate any hydrant or other valves
installed on any water system intended for use by the chief for fire suppression
purposes and which is accessible to any public highway,alley or private wav open
to or generally used by the public,unless such person first secures a permit for use
from the chief.This section does not apply to the use of a hydrant or other valves
by a person employed by and authorized to make such use by the water company
which supplies water to such hydrants or other�alyes.
Tampering with Barricades,etc.
Sec. 10.20.1. No person, except a person authorized by the chief or a public
officer actino within the scope of his public duties,shall remove,unlock,destroy,
t:mper with or otherwise molest in anv manner any lock, gate,door, bamcade,
chain.enclosure, sign, tag or seal which has been lawfully installed by the fire
department or by its order or under its conuol.
Closure of Roads or Trails
Sec. 10.205.(a)General.The chief may install one or more gates,cables or
other barricades and securely lock the same to prevent the use by unauthorized
persons of any road that is not a public highway and over which the fire
department has the right to pass, whether by easement, license, municipal
ownership or otherwise, for purposes relating to fire prevention or control.
provided such action does not preclude the authonzed users of such road or trail
from using the same.
(b)Trespassing.No person,except a public officer acting within the scope of
his public duces,shall trespass upon any road or trail which has been closed and
obstructed in the manner authorized by this section without the express permis-
sion of the chief, nor shall any person park any vehicle so as to obstruct the
entrance to such road or trail.
39
. 1
10.206-10.209 UNIFORM FIRE CODE
Obstruction of Fire Protection Equipment
Sec. 10.206. No person shall place or keep any post, fence, vehicle, growth.
trash, storage or other material or thing near any fire hydrant, fire department
connection or fire protection system control valve that would prevent such
equipment or hydrant from being immediately discernible or in any other manner
deter or hinder the fire department from gaining immediate access to said
equipment or hydrant. A minimum 3-foot clear space shall be maintained around
the circumference of the ftre hydrants except as otherwise required or approved by
the chief.
Access Roadways for Fire Apparatus
Sec. 10.07. (a) Required Construction. Every building hereafter con-
structed shall be accessible to fire department apparatus by way of access road-
ways with all-weather driving surface of not less than 20 feet of unobstructed
width.with adequate roadwav turning radius capable of supporting the imposed
loads of fire app ararus and having a minimum of 13 feet 6 inches of vertical
clearance.Dead-end fire department access roads in excess of 150 feet lone shall
be provided with approved provisions for the turning around of fire department
apparatus.
EXCEPTION:When there are not more than two Group R. Division 3 or M
Occunancies as defined in the Building Code,the reoutremcnt of this sccuon may be
modified when.to the opinion of the chief.Ere-fighnne or rescue operations would
ria be tmpaucd.
(b) Obstruetinf;. The required width of access roadways shall not be
obstructed in any manner, including pari:ing of vehicles. NO PARKING signs or
ocher appropna;c notice,or both prohibiting obstructions may be required and
shall be maintained.
(c) Extrnt. The access roadwav shall be extended to within 150 feet of all
portions of the extenor walls of the first story of any building. Where the access
roadwav cannot be provided,approved fire protection system or systems shall be
provided as required and approved by the chief.
(d)Fire-protection Alternate.\%-here fire-protection systems approved by the
chief are provided,the at>ove required clearance may be modified.
(e)Ovcrsizine.The chief shall have the authonty to require an increase in the
minimum access widths wnere such width is not adequate for fire or rescue
operations.
(f)Bridges.�«tere a bridge is required to be used as access under this section,
it shall be constructed and maintained in accordance with the applicable sections
of the Building Code and using design live loading sufficient to carry the imposed
loads of the fire apparatus.
Premises Identification
Sec. 10.203. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall contrast with their
background.
40
2
1982 EDITION 10.209.10.30t
Key Box
Sec. 10.209. When access to or wiihin a structure or an arca is unduly difficult
because of secured openings or sphere immediate access is necessary for life.
saving or fire-ficntinv purposes.the chici may require a kcy box to be installed in i
an accessible location.The kev box shall he a t pe approved by the chief and shall F
contain kevs to vain necessary access as required by the chief.
Division III
INSTALLATION AND MAINTENANCE OF FiRE-
PROTECTION, LIFE-SAFETY SYSTEMS AND
APPLIANCES
Installation
Sec 10.301.(a)Type Required.The chief shall cicsi^nate the type and number
of fire appliances to be installed and maintained in and upon all buildin^_s and
premises in the jurisdiction other than private dwellin_^_s. This shall he done
accordine to the relative sevents• of probable fire. including the rapidity with
which it may spread. Such appliances shall be of a type suitable for the probable
class of fire associated with such building or premises and shall have approval of
the chief.
Portable fire ertineuishers shall be in accordance with U.F.C. Standard No.
10-1.
(b) Special Hazards. In occunancies of an especially hazardous nature or e
where special hazards exist in addition to the normal hazard of the occurancv.or i
where access for fire apparatus is unduly difficult. additional safecuaras mas•be
required consisting of additional fire appliance units, more than one type of
appliance,or special systems suitable for the protection of the hazard involved.
Such devices or appliances mas•consist of automatic fire alarm systems.automat-
ic sprinkler or water spray systems, standpinc and hose, fixed or portable fire E
cxtineuishcrs. suitable asbestos blankets, brcathine annaratus, manual or auto- '
mauc covers. carbon dioxide. foam, haloeenated and dry chemical or other
special fire-exuncuisninc systems. %%here such ss-stems are installed, thev shall
be in accordance with the applicable Uniform Fire Code Standards or standards of €
the!rational Fire Protection Association when Uniiorm Fire Code Standards do €
not apply.
(c) Water Supply. An approved water supply capable of suppling required
fire flow for fire protection shall be provided to all premises upon wnich buildings
or portions of buildines are hereafter constructed. When any portion of the
building protected is in excess of 150 feet from a water supply cin a public street.
there shall be provided, when required by the chief, on-site fire hydrants and
mains capable of supplying the required fire flow.
Water supply may consist of reservoirs, pressure tanks, elevated tanks. water
mains or otner fixed system capable of supplying the required fire flow. In setting
the requirements for fire flow,the chief may be guided by the standard published
41
3
10.301.10.303 UNIFORM FIRE CODE
by the Insurance Scrytce% Office. "Guide for Determination of Required Fire
Flow."
The location. number and type of fire hydrants connected to a water supply
caoahle of deliycnng the required fire flow shall be pro%ided on the public street
or on the site of the premises tobe protected as required and approved by the chief.
All hydrants shall be accessibic to the fire department apparatus by roadways
mccune the requirements of Section 10.207.
(d)Timinc of Installation.When fire protection facilities are to be installed by
the dctcioper, such faci!itics including all surface access roads shall be installed
and made serviceable prior to and during the time of construction. When alternate
methods of protection, as approved by the chief,are provided,the above may be
modified or waived.
(e)Approval and Testing. All fire alarm systems• fire hydrant systems, ffre-
extincufshinc systcros(including automatic sprinklers), wet and dry standpipes.
basement inic( pipes, and other tire-protection systems and pertincnts thereto
shall meet the zi-proyal of the fire department as to installation and location and
sha!i M subicct to such periodic tests as required by the chief. Plans and
s^:citicanons shall be submitted to the fire department for review and approval
pnor to construction.
r
Maintenance
Sec. 10.302.(a)General. All sprinkler systems, fire hydrant systems,stand-
-ire^ s}srems. tiro alarm systems. portabic fire extincuishers. smoke and heat
ventilators. smoke-removal systems and other fire-protective or extinguishing
systems or appliances shall be maintained in an operative condition at all times
and shall be replaced or repaired where defective.Fire-protective or extinguishing
Systems coyeraLe. spacing and specifications shall be maintained in accordance
with recocnized standards at all times.Such systems shall be extended.altered or
aucmented as necessary- to maintain and continue protection wricw er am
bwldinL so co,umm'd is altered, remodeled or added to. All additions. repairs.
a!tcrations and servicing shall be in accorcancc uith recognized standards.
ESCLPTION: Systems not required by this or any otncr cote need not be
extrnued,auerca nor aucmcnicd.
Soda-acid.foam.loaded stream•antifreeze and water fire exuncuishers of the
in%crtinc types shall not be recharged or placed in service for fire protection use.
(b)S'stems in High-rise Buildings.The building owner shall be responsible
for assunne that the fire and life safety systems required by Sections ISM and
1907 of the L:niform Building Code shall be maintained in an op�:raole condition
at all times. Unless otherwise required by the chief, quarterly tests of such
systems shall be conducted by qualified persons approved by the chief. A written
record shall be maintained and be made available to the inspection auttionty.
Vapor Liquid and Liquefied Gas Extinguishers
Sec. 10.303.(a)Prohibited Types.Vaporizing liquid emim,.uishers containing
carbon tctr2ch!orid:or chlorobromometnane shall not be installed or used in any
location for fire protection use.
42
4