HomeMy WebLinkAboutT-3880 - Agreement/Covenant - 6/22/2006 � r`
P. W. File No. 8571 Public Works Department
UGM No. 286 City of Fresno
SUBDIVISION AGREEMENT
;:Tract No. 3880
A Planned Unit Development
THIS AGREEMENT is made this Z day of J LA--�I e 1991, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Chestnut Villa Partners , a
California General Partnership, 429 Santa Monica Boulevard, Santa Monica,
California 90401, hereinafter designated and called 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. 3880, 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.
Subdivision Agreement
Tract No. 3880
Page 2
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 .
4 . The Subdivider hereby warrants that any and all parties having
record title interest in the Subject Property which may ripen into a fee
have subordinated to this instrument .
5. All such instruments of subordination, if any, are attached
hereto and made a part of this instrument .
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
Subdivision Agreement
Tract No. 3880
Page 3
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:
6 . The Subdivider shall perform the work and improvements
hereinafter specified on or before July 31, 1992 , except the lot corner
monumentation which shall be completed upon construction of the
residential dwellings in Tract No . 3880 but no later than July 31 , 1993 ,
to the satisfaction of the Director of Public Works and/or the City
Engineer of the City as provided by Code. The Subdivision lot and street
trees shall be planted by July 31, 1993 , or upon occupancy of each
individual dwelling, whichever occurs first, to the satisfaction of the
Director of the City Parks Department as provided by Code. Issuance of
building permits for any structure within the subdivision shall conform
to the requirements of the Uniform Fire Code (UFC) . The Subdivider ' s
attention is particularly called to UFC Sections 10 . 207(a) , 10 . 301(c) ,
10.301(d) and 10 .301(e) 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 with
approved streetlighting on-line and operational . 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
Subdivision Agreement
Tract No . 3880
Page 4
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 to the above noted date, who shall ascertain the facts and
determine the extent of justifiable delays, if any. Extension of time
for completion of improvements ( including street tree planting) may be
granted by the Public Works Director with an extension fee from the
current Master Fee Schedule based upon the initial estimated total
improvement cost . The Director of Public Works shall give the Subdivider
written notice of his determination in writing, which shall be final and
conclusive.
7 . 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
Subdivider including all costs of engineering, inspection and testing .
8 . 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 undergound street light system
as • approved by the Traffic Engineer prior to final acceptance of the
Subdivision Agreement
Tract No . 3880
Page 5
subdivision. Height, type, spacing, etc. , of standards and
luminaires shall be in accordance with Resolution Nos . 78-522 and 88-229
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 . All "Dead-End" Streets created by this subdivision shall be
barricaded in accordance with City Standards within seven (7) days
from the time said streets are surfaced, or as directed by the City
Engineer.
g . Any temporary storm water retention basins constructed or
enlarged to serve this tract shall be fenced in accordance with City
Standards within seven (7) days from the time said basins become
operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance with Estimate No . E-523 .
The amounts identified below as "Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction.
Should the actual construction cost be less than the deposit, the
Subdivider shall be refunded the excess . Should the actual
construction cost be greater than the deposit, the Subdivider shall
be billed by the City of Fresno for the difference and shall be
directly responsible for payment .
i . As a condition of final map approval, the developer is
required to submit plans and profiles for street lighting .
Pursuant to Section 12-1013 (Improvement Plans and Profiles) of the
Fresno Municipal Code, the developer has posted security in the
amount of One Thousand and 00/100 Dollars ($1, 000 . 00) for the
required streetlighting improvement plans and profiles to be approved
by the City Engineer.
The developer agrees that, in the event the required plans and
profiles have not been submitted by the developer to the City for
approval within 90 days of the execution of this agreement by the
City, the City shall use the securities posted to cause the
preparation of the required streetlighting plans and profiles .
Subdivision Agreement
Tract No. 3880
Page 6
j . As a condition of final map approval the developer is
required to install landscaping and an irrigation system in a
(10)-foot landscape buffer strip along the East Fir and North
Chestnut Avenue frontage of the subdivision. The Subdivider has
executed and will record with the final map, Deed Covenants ,
Conditions and Restrictions (CC & R' s) guaranteeing the perpetual
maintenance and repair of the required landscaping and irrigation
system by the Homeowners Association.
Pursuant to Section 12-1013 ( Improvement Plans and Profiles) of the
Fresno Municipal Code, the developer has posted security in the
amount of Four Thousand Five Hundred and 00/100 Dollars ($4 , 500 . 00)
with the City guaranteeing the preparation of the detailed
landscaping and irrigation plans for the required landscaping to be
approved by the City.
The developer agrees that, in the event the required plans have not
been submitted by the developer to the City for approval within 90
days of the execution of this agreement by the City, the City shall
use the security posted to cause the preparation of the required
landscaping and irrigation plans .
k. 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 Three Thousand
Forty-Five and 00/100 Dollars ($3 , 045 . 00) to guarantee planting and
maintenance as called out by the Homeowners Association' s CC&R' s
until the City accepts the required landscape buffer trees .
Prior to planting any street trees in the subdivision, the Subdivider
agrees to submit a detailed landscaping plan for the above referenced
landscape buffer-strip of the 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.
1 . Perform and construct all work shown on the following
referenced plans (City Drawings J-3668 (5) sheets; 10-C-5214 and
10-C-5215 (2) sheets; R/W 15-A-5630; 15-C-6517 through 15-C-6520-D
(8) sheets; and Fresno Metropolitan Flood Control District Drawings
CM-20-1 and CM-20-2 (2) sheets) , unless specifically omitted herein.
M. 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 .
n. The Subdivider has deposited with the City the sum of
Fifty-One Thousand Four Hundred Fifty-Three and 56/100 Dollars
($51, 453 . 56) for the following :
Subdivision Agreement
Tract No. 3880
Page 7
(1) Inspection Fees $8, 602 . 88
(2) Monument Check Fee
56 Lots and one outlot @ $30 . 00/Lot $1, 710 . 00
(3) Intersection Signing, 2 @ $150 . 00 $300 . 00
(4) Traffic Regulatory Signing, 6 @ $38 . 00 $228 . 00
(5) Street Tree Inspection Fee
(Landscape Strip & Traffic Divider Islands)
35 Trees @ $23 . 00 ea . $805 . 00
(6) Sewer Trench Water Compaction Charge,
633 CY @ $0 . 08/CY $50 . 64
(7) Sanitary Sewer Fees $3 , 355 .20
(a) Oversize Charge
(UGM Reimbursement Area No . 1)
13 . 98 Ac @ $240 . 00/Ac $3 , 355 . 20
(Note: Major Facilities
Fee is to be paid at time
of development . )
Total Sewer Charges $3355 . 20
(8) Water Charges $36, 401 . 84
(a) "Wet-Tie" Charge $15 , 000 . 00
(Estimate No•. 523)
(b) Tap Charge
(Service Connections)
55-1" meters @ $275 . 00 ea. $15 , 125 00
Traffic Divider Is . Landscaping
5-2" meters @ $500 . 00 ea . $2 , 500 . 00
1-1. 5" meters @ $445 . 00 ea . $445 . 00
(c) Fire Hydrant Charge (Zone District R-1/UGM)
434 , 912 SF @ $0 . 75/100 SF $3, 261 . 84
(d) Water Construction Charge
56 Lots @ $1.25 /Lot $70 . 00
Total Water Charges $36 .401 . 84
Subdivision Agreement
Tract No . 3880
Page 8
TOTAL FEES AND CHARGES $51. 453 . 56
(9) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No . 7
Zone District R-1/UGM/CZ
13 . 98 Ac @ 1, 690 . 00/Ac $23 , 626 . 20
(b) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
13 .98 Ac @ $560 . 00/Ac $7, 828 . 80
Less TGM Credits [$8, 622 . 00}
Net Charge $ 0
Paid with Credit
Future Reimbursements shall be made in accordance with
Section 14-107. 1b of the Fresno Municipal Code
(c) Fire Hydrant Reimbursement
4 F.H. @ 300 . 00/F.H. $1, 200. 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1(d) of the Fresno Municipal Code
(UGM Reimbursement Area A)
9. 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.
10 . It is agreed that the City shall inspect all work. A11 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
Subdivision Agreement
Tract No. 3880
Page 9
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
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
11. 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 Two Hundred Thirty-Nine
Thousand and 00/100 Dollars ($239, 000 . 00) , which is equal to 100% of
the total estimated cost of the work required. Five percent (5%) of
said amount, Eleven Thousand Nine Hundred Fifty 00/100 Dollars
($11, 950 .00) , shall be cash or a Certificate of Deposit; the
remaining 95% Two Hundred Twenty-Seven Thousand Fifty and 00/100
Dollars ($227, 050 .00) shall be in the form of a bond or irrevocable
instrument of credit , all to be conditioned upon the faithful
performance of this Agreement; and
b. Payment security in the sum of One Hundred Nineteen Thousand
Five Hundred Dollars ($119,500. 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 Three Thousand Forty-Five
and 00/100 Dollars ($3 , 045 . 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 .
Subdivision Agreement
Tract No . 3880
Page 10
d. Performance in the sum of One Thousand and 00/100 Dollars
($1, 000 . 00) , which is equal to 100% of the total estimated cost of
the preparation of streetlighting improvement plans and profiles
required. One hundred percent (100%) of said amount shall be cash or
Certificate of Deposit all to be conditioned upon the faithful
performance of this agreement .
e. Performance security in the sum of Four Thousand Five
Hundred and 00/100 Dollars ($4 , 500 . 00) , which is equal to 100% of the
total estimated cost of the preparation of Landscaping/Irrigation and
Decorative Fence Plans 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 .
f . Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
12 . On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Five Thousand
Three Hundred Ninety and 00/100 Dollars ($5, 390 . 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.
13 . 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
Subdivision Agreement
Tract No . 3880
Page 11
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.
14 . 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.
15 . 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
Subdivision Agreement
Tract No . 3880
Page 12
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.
16 . 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.
17. The Subdivider shall comply with Street , Plumbing, Building,
Electrical, Zoning Codes and any other codes of the City.
18 . 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
Subdivision Agreement
Tract No. 3880
Page 13
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
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.
19 . 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.
20. 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.
21 . 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
Subdivision Agreement
Tract No . 3880
Page 14
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
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
Subdivision Agreement
Tract No. 3880
Page 15
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 .
22 . 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 .
23 . This Agreement shall in no way be construed as a grant by the
City of any rights to Owner to trespass upon land rightfully in the
possession of , or owned by, another , whether such land be privately or
publicly owned.
24 . 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.
25 . 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.
Subdivision Agreement
Tract No. 3880
Page 16
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
OWNER
MARVIN D. JOHNSON
PUBLIC WORKS IRECTOR
CHESTNUT VILLA PARTNERS
a California General Partnership
ATTEST
JACQUELINE L. RYLE By
CITY CLERK Dr . Scott Sturman, Partner
By Lc.r,aLL PLCL,m��
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
CITY ATTORNEY J/
By
(Attach Notary Acknowledgment)
L • . jd:LAND70/+898
Revised: 5/17/91
4
STATE OF CALIFORNIA
COUNTY OF Fresno ss.
On this 9 1 ---i-_ day of May in the year 1l,
•
n before me,the undersigned,a Notary Public in and for said County and
y State, personally appeared
Dr. Scott Sturman _
personally known to me .� `ANNE V. :01:nN
D
_ (or proved to me on the basis of satisfactory evidence) to be ��,
,i�•.; ':� =:-�' NOTARY PUBLIC
one of the partners of the partnership that executed the t, c�
u� ;� �. ti�.� .ES N0 GOUNTY, C,;LiFA
z within instrument, and acknowledged to me thaysuch--parinershi +
Q B p j My Commission Expires Feb993
executed the same. �``'`j
s
Signature
`�za�ne C. Ford
FA me (Typed or Printed)
Notary Public in and for said County and Statc
F.2193 R. 11/82 FOR NOTARY SEAL OR STAMP
.. :...
EXHIBIT "A"
10.101-10.201 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
OPERATIONS AT FIRES OR OTHER EMERGENCIES
Authority at Fires and Other Emergencies
Sec.10.101.The chief and his authorized representatives,as may be in charge
at the scene of a fire or other emergency involving the protection of life and/or
property or any part thereof, shall have the power and authority to direct such
operation as may be necessary to extinguish or control any fire, perform any
rescue operation, investigate the existence of suspected or reported fires, gas
leaks or other hazardous conditions or situations or of taking any other action
necessary in the reasonable performance of their duty. In the exercise of such
power,the chief may prohibit any person,vehicle,vessel or thing from approach-
ing the scene and may remove or cause to be removed or kept away from the scene
any vehicle,vessel or thing which may impede or interfere with the operations of
the fire department and,in the judgment of the chief,any person not actually and
usefiilly employed in the extinguishing of such fire or in the preservation of
property in the vicinity thereof.
Interference with Flre Department
See.10.102.Any person who obstructs the operations of the fire department in
connection with extinguishing any fire. or other emergency, or disobeys any
lawful command of the chief or officer of the fire department who may be in
charge at such a scene.or any part thereof,or any police officer assisting the fire
department,shall be guilty of a misdemeanor.
Authority to Barricade
See.10.103.The chief or other officer of the fire department in charge at the
sane of an emergency shall have the authority to place ropes,guards,barricades
or other obsuumons across any sweet, alley. place or private property in the
vicinity of such operation so as to prevent amdent or interference with the lawful
effom of the fire Arps tmeat to manage and control the situation and to handle
fire appowus.
Division II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.2101.No person shall molest,tamper with,damage or otherwise disturb
1
1988 EDITION 10.201-10.206
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire department without authority from the chief or his autho.
rized representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec.10.202.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,
recharging,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 reinstalled 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 way 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 valves.
Tampering with Barricades,etc.
Sec. 10.204. No person,except a person authorized by the chief or a public
officer acting within the scope of his public duties,shall remove,unlock,destroy,
tamper with or otherwise molest in any manner any lock,gate,door,barricade.
chain,enclosure, sien.tag or seal which has been lawfully installed by the fire
department or by its order or under its control.
Closure of Roads or Trails
Sec. 10.205.(a)General.The chief may require the installation and mainte-
nance: of gates or other approved barricades across roadways, trails or other
accessways,not including public streets,alleys or highways.
When required,gates and barricades shall be secured in an approved manner.
When required to be secured.roadways. trails and accessways shall not be used
except when authorised by the owner and the chief.
(b)Trespassing.No person,except a public officer acting within the scope of
his public duties.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 vetucle so as to obstruct the
entrance to such road or trail.
Obstruction of Flre Protection Equipment
See. 10.206. (a) General. No person shall place or keep any post. fence.
vehicle,growth.tush,storage or other n-Law tai 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
2
10.206-10.207 UNIFORM FIRE CODE
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 f ire hydrants except as otherwise required or approved by
the chief.
(b)Identification of Hydrants or Equipment.All fire protection equipment
or hydrants shall be clearly identif ied in a manner approved by the chief to prevent
1 panting or other obstruction.
Fire Apparatus Access Roads
Sec. 10.207.(a)General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
(b)Where Required.Fire apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first
story is located more than 150 feet from fire department vehicle access..*
EXCEPTIONS: 1.Wnen buttutngs are comptetelyprotected with an approved
automatic fire sprinkler system,the provisions of this section may be modified.
} 2. When access roadways cannot be installed due to topography, waterways,
nonnegotiable grades or other similar conditions,the chief may require additional
fue protection as specified in-Section 10.301(b).
3.When there are not more than two Group R.Division 3 or Group M Occupan-
cies,the requirements of this section may be modified,provided,in the opinion of
the chief,firs-fighting or rescue operations would not be impaired.
1 More than one fire apparatus road may be required when it is determined by the
chief that access by a single road may be impaired by vehicle congestion.
condition of terpin.climatic conditions or other factors that could limit access.
For high-piled combustible storage,see Section 81.109.
(c)Width.The unobstructured width of a fine apparatus access road shall be not
1 less than 20 feet.
(d)Vertical Clearance.Fire apparatus access roads shall have an unobstructed
vertical clearance of not less than 13 feet 6 inches.
EXCEPTION: Upon approval vertical clearance may be reduced.provided such
reduction does not impair access by firs apparatus and approved signs ars installed
and maintained indicating the established vertical clearance.
(e)Permissible Modifications.Vertical clearances or widths required by this
section shall be increased when.in the opinion of the chief.verticaJ clearances or
widths are not adequate to provide fire apparatus access.
(f)Surface.Firs apparatus access roads shall be designed and maintained to
1 support the imposed loads of fire apparatus and shall be provided with a surface so
as to provide all-weather driving capabilities.
(g)Turning Radius.The turning radius of a fire apparatus access road shall be
as•approved by the chief.
(h)Turnarounds.All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approves provisions for the hutting around of
fire apparatus.
*as measured by an unobstructed route around the
exterior of the buidling.
3
1988 EDITION 10.207-10.301
(i)Bridges.When 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 designed live loading sufficient to carry the imposed
loads of fire apparatus.
0)Grade.The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief.
(k)Obstruction.The required width of any fire apparatus access road shall not
be obstructed in any manner.including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
(1)Signs. When required.approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
Premises Identification
Sec. 10.208.(a)General.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.
(b)Street or Road Signs.When required by the chief.a street or road shall be
identified with approved signs. -
Key Box
Sec.10.209.When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for life-
saving or fire-fighting purposes.the chief may require a key box to be installed in
an accessible location.The key box shall be a type approved by the chief and shall
contain keys to gain 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 designate the type and number
of fire appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than pnvate dwellings. This shall be done
according to the relative seventy 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.
N
(b) Special Hszards. In occupancies of an especially hazardous nature or
where special hazards exist in addition to the normal hazard of the occupancy.or
d
10.301-10.302 UNIFORM FIRE CODE
where access for fire apparatus is unduly difficult,additional safeguards may 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 may consist of automatic fire alarm systems,auto-
matic sprinkler or water spray systems,standpipe and hose,fixed orportable fire
extinguishers.suitable asbestos blankets, breathing apparatus.manual or auto-
matic covers, carbon dioxide, foam, halogenated and dry chemical or other
special fire-extinguishing systems.Where such systems are installed,they shall
be in accordance with the applicable Uniform Fire Code Standards or standards of
the National Fire Protection Association when Uniform Fire Code Standards do
not apply.
(c)Water Supply.An approved water supply capable of supplying the required
fire flow for fire protection shall be provided to all premises upon which buildings
or portions of buildings are hereafter constructed. When any portion of the
building protected is in excess of 150 feet from a water supply on a public street,as
measured by an approved route around the exterior of the building,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
mainsorother fixed systems capable of providing the required fire flow.In setting
the requirements for fire flow, the chief may be guided by the provision in
Appendix III-A of this code.
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 to be protected as required and approved by the chief.
ALL hydrants shall be accessible to the fire department apparatus by roadways
meeting the requirements of Section 10.207.
'- (d) Fire Hydrant Markers. When required by the chief, hydrant locations
shall be identified by the installation of reflective markers.
(e)Thning of Installation.When fire protection facilities are to be installed by
the developer.such facilities 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.
(f)Approval and Testing.All fire alarm systems.fire hydrant systems,fire-
extinguishing systems(including automatic sprinklers),wet and dry standpipes.
basement inlet pipes,and other fire-protection systems and appurtenances thereto
shall meet the approval of the fire department as to installation and location and
shall be subject to such periodic tests as required by the chief.Plans and specifica-
tions shall be submitted to the fire department for review and approval prior to
construction.
MaIntename
See.10.302.(a)General.All sprinkler systems,fire hvdmnt systems, rand-
pipe systems, fire alarm systems. portable fire exunguishm. smoke and heat
5
1988 EDITION 10.302-10.304
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 coverage,spacing and specifications shall be maintained in accordance
with recognized standards at all times.Such systems shall be extended,altered or
augmented as necessary to maintain and continue protection whenever any build-
ing so equipped is altered,remodeled or added to.All additions,repairs,altem-
tions and servicing shall be in accordance with recognized standards.
EXCEPTION:Systems not required by this or any other code need not be
extended,altered nor augmented.
K
(b)Systems in High-rise Buildings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operable condition
at all times.Unless otherwise required by the chief,quarterly tests of such systems
shall be conducted by approved persons.A written record shall be maintained and
be made available to the inspection authority.
(c)Smoke-control Systems. Mechanical smoke-control systems, such as in
high-rise buildings, buildings containing atria,covered mall buildings and me-
chanical ventilation systems of smokeproof enclosures, shall be maintained in
operable condition at all times.Unless otherwise required by the chief,quarterly
tests of such systems shall be conducted by approved persons.A written record
shall be maintained and be made available to the inspection authority.
a
6