HomeMy WebLinkAboutT-3905 - Agreement/Covenant - 6/23/2006 N '
P. W. File No. 8557 Public Works Department
UGM No. 283 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3905
GREENBRIER KNOLLS
THIS AGREEMENT is made this day of 1988 , by and
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between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Riverview Estates , 7545 North Del
Mar Avenue, #204 , Fresno, California 93711, 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. 3905, Greenbrier Knolls , 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.
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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 :
4 . The Subdivider shall perform the work and improvements
hereinafter specified on or before January 30, 1989 , except the sidewalk
and lot corner monumentation which shall be completed upon construction
of the residential dwellings in Tract No. 3905 but no later than
January 30, 1990, to the satisfaction of the Director of Public Works
and/or the City Engineer of the City as provided by Code. Issuance of
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, 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 fora 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 to 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
Subdivider including all costs of engineering, inspection and testing.
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.
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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. 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 developer is
required to install landscaping and an irrigation system in a
variable width landscape easement along the frontages of North
Del Mar and North Glenn Avenues and West Audubon Drive of the
subdivision. The Subdivider has executed a covenant with the City of
Fresno guaranteeing maintenance of the required landscaping until
such time as a Maintenance District has been formed to provide for
continued care and maintenance of the required landscaping. The
Subdivider also agrees to sign a petition asking the Council to
include this Tract in the existing District .
g. Perform and construct all work shown on the attached plans
(Street Construction Plans : 15-C-6465 through 15-C-6467 , Storm Drain
Plans : DI-A-1. Sewer and Water Improvement Plans : 10-C-5167 through
10-C-5170) , unless specifically omitted herein.
h. Install and complete all other street improvements required
by Section 12-1012 of t'he Fresno Municipal Code in accordance with
the City of Fresno standard Specifications and the construction plans .
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i . The Subdivider has deposited with the City the sum of One
Hundred Six Thousand Four Hundred Eighty One and 06/100 Dollars
($106,481. 06) for the following:
(1) Inspection Fees
$11 ,918 .72 Less $4 , 128 . 32 for
Early Construction Agreement $7,790. 40
(2 ) Intersection Signing, 3 @ $120. 00 $360. 00
(3 ) Traffic Regulatory Signing, 2 @ $35 . 00 $70.00
(4 ) Monument Check Fee
34 Lots @ $25 . 00/Lot $850.00
(5) Street Trees, 95 @ $60.00 $5 , 700.00
(6) UGM Fire Station Fee:
(Service Area No. 13 )
Zone District R-1/UGM
10. 59 Ac @ $251 .00/Ac $2 , 658 .09
Zone District O/UGM
2 . 56 Ac @ $No Fee/Ac $-0-
(7) UGM Park Fee:
(Service Area No. 6 )
Zone District R-1/UGM)
Outlot 'A' 1 . 19 Ac @ $1, 800. 00/Ac $2, 142 .00
Zone District O/UGM
Outlot 'B ' 2 . 56 Ac @ $556 . 00/Ac $1 ,423 . 36
Remainder of Tract Fees Deferred by Covenant
See 15 (a) below
(8 ) Sanitary Sewer Fees $3 , 156 . 00
(a) Lateral Charge $-0-
(Note: Lots 11 and 12 taking services off an existing
sewer main. All other lots are receiving service from
adjacent existing sewer mains installed by the
Developer , Riverview Estates , from previous tracts)
(b) Oversize Charge
(UGM Reimbursement Area No. 7)
13 . 15 Ac @ $240 . 00/Ac $3 , 156 . 00
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(Note: Major Facilities
Fee• is to be paid at time
of development . )
Total Sewer Charges $3 , 156 . 00
(9) Water Charges $14 , 650. 00
(a ) Fire Hydrant Charge (Zone District R-1/UGM)
326,004 SF @ $. 75/100 SF $2 , 445 . 03
Note: This does not include
Outlot 'B ' open space
(b) Transmission Grid Main
(UGM Reimbursement Area No. A)
13 . 15 Ac @ $440 . 00/Ac $5 ,786 . 00
(c) UGM Well Development
Charge (Supply Well No. 153 )
13 . 15 Ac @ $485 . 00/Ac $6 , 377 . 75
(d) Water Construction Charge
33 Lots @ $1 . 25/Lot $41. 25
Total Water Charges $14 , 650 . 00
(10) UGM Major Street Charge; (Zone District A)
12 . 41 Ac. @ $2, 885 . 00/Ac $35, 802 . 85
(11) UGM Major Street Bridge Charge
(Zone District A)
12 . 41 Ac. @ $30. 00/Ac $372 . 30
(12) UGM Traffic Signal Charge,
12 . 41 Ac @ $370 . 00/Ac $4 , 591 . 70
(13 ) UGM At-Grade Railroad Crossing Fee,
(Service Area A-D)
12 . 41 AC @ $236 . 00/Ac $2 , 928 .76
(Service Area A-E)
12 . 41 Ac '@ $160. 00/Ac $1, 985 . 60
(14) Landscape Maintenance District,
including Outlot ' B ' but not Outlot 'A' $22, 000. 00
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TOTAL FEES AND CHARGES $106 , 481 . 06
(15) Fee Deferrals-Present Credits-Future Reimbursements
(a ) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No . 6
Zone District R-1/UGM
9 . 40 Ac @ $1, 800 . 00/Ac $16 , 920. 00
(b) Fire Hydrant Reimbursement
3 F.H. @ $300. 00/F.H. $900.00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b 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
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
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1 .!
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 Three Hundred Twenty Five
Thousand Eight Hundred and 00/100 Dollars ($325, 800 . 00) , which is
equal to 100% of the total estimated cost of the work required . Five
percent (5%) of said amount, Sixteen Thousand Two Hundred Ninety and
00/100 Dollars ($16, 290.00) , 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 -One Hundred Sixty Two
Thousand Nine Hundred and 00/100 Dollars ($162 , 900 . 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 . 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 Six Thousand Two
Hundred Fifty Eight and 00/100 Dollars ($6, 258 .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 .
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
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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 al`1 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
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
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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
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
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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
required by this paragraph, the City Engineer shall give notice to the
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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.
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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
RIVERVIEW ESTATES ,
MARVIN D. JOHNSON a Partnership
PUBLIC WO KS DIRECTOR
BARGAIN HOMES, INC . ,
a California Corporat ' Partner
ATTES : B /.� l'�
Victor Roz sky, Presida�
JACQUELINE L. RYLE
CITY CLERK v BETTER HOMES INC. ,
By a California Corporation, Partner
Deputy
By: /�4 zz�
tanley . S aresident
APPROVED AS TO FORM:
HARVEY WALLACE
CITY ATTORNEY
By �' (Attach Notary Acknowledgment)
LR:my
3039d/339
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.................................................................
STATE OF CALIFORNIA O) SMECO
a
COUNTY OF FRESNO SS. TITLE INSURANCE
)
' a On this the 13th day of--!-' 198 8 ,before me,the undersigned,a Notary Public in and for
a N said State,personally appeared VICTOR ROZNOVSKY
o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President,
a fs�bl�aliy?�c)idiu��6�b �r NaYa1�Xo}Fr lfirKt} sYs?bl t t7�oYnl�r?izl+idiz?FrX1b16�tNeupXr ld�@�iz }fel$YaXX*K)6 rli►W6V&Me
ljrof BARGAIN
HOMES,� T NC_ the corporation that FOR NOTARY SEAL OR STAMP
C7 executed the within instrument on behalf of R T V F.R V T RW
ESTATES the part-
nership that executed the within instrument,and acknowledged to me
that such corporation executed the same as such partner and thatARLENE EAVES
`:'. such partnership executed the same. • NOTARY PUBLIC
4) m WITNESS my hand and official seal. l �' FRESNO COUNTY,CALIFORNIA
My Commission Expires July 1.1991
C? N
U TCP CZ�e-O
Signature
STATE OF CALIFORNIA1
SAFECO
FRESNO
a )j SS. TITLE INSURANCE
COUNTY OF
a On this the 13th day of JANUARY 19 88 ,before me,the undersigned,a Notary Public in and for
a said State,personally appeared STANLEY SPANO
o personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
President,
a
yP`� XrlljrYcd6Diidi�tXXiXirX7�tXXiY�fi?itX3EXXfX�fi3d�cXvYtlXr �tH1Ye?� s?fs�bd�J�XXx7dd�lr :tHeY►nlit�Iid�i�dQdhe
Xlf�of BETTER
Li HOMES, INC_ the corporation that FOR NOTARY SEAL OR STAMP
(� executed the within instrument on behalf of R T V F.R V T F.W_
ESTATES the part-
nership that executed the within instrument,and acknowledged to me
that such corporation executed the same as such partner and that ARLENE EAVES
°D such partnership executed the same.
> NOTARY PUBLIC
0 WITNESS m hand and official seal. •
cL a y FRESNO COUNTY, CALIFORNIA
rn A
rn � My Commission Expires July 1, 1991
U
Signature
EXHIBIT "A"
1985 EDITION 10.101-10.201
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
usefully employed in the extinguishing of such fire or in the preservation of
property in the vicinity thereof.
Interference with Fire Department
Sec.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
Sec. 10.103.The chief or other officer of the fire department in charge at the
scene of an emergency shall have the authority to place ropes,guards,barricades
or other obstructions across any street, alley, place or private property in the
vicinity of such operation so as to prevent accident or interference with the lawful
efforts of the fire department to manage and control the situation and to handle
fire apparatus.
Division II
GENERAL PROVISIONS
Tampering with Fire Equipment
Sec 10.201.No person shall molest,tamper with,damage or otherwise disturb
39
i1)
'10.201-10.206 UNIFORM FIRE CODE
any apparatus,equipment or appurtenance belonging to or under the supervision
and control of the fire department without authority from the chief or his
authorized 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,sign,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 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 authorized 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 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 vehicle so as to obstruct the
entrance to such road or trail.
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
40
(2}
1985 EDITION 10.206-10.207
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 fire hydrants except as otherwise required or approved by
the chief.
Fire Apparatus Access Roads
Sec. 10.207. (a)General. Fire apparatus access roads shall be provided and i
maintained in accordance with the provisions of this section.
(b)Where Required.Fire apparatus access roads shall be required for every s
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.When conditions prevent the installation of an approved fire
apparatus access road, the chief may permit the installation of a fire-protection
system or systems in lieu of a road,provided the system or systems are not otherwise
required by this or any other code.
2.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,fire-fighting or rescue operations would not be impaired.
(c)Permissible Modifications.Clearances or widths required by this section
may be increased when, in the opinion of the chief, minimum clearances or
widths are not adequate to provide fire apparatus access.For high-piled combusti-
ble storage,see Section 81.109.
(d)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.
(e)Width.The minimum unobstructed width of a fire apparatus access road
shall be not less than 20 feet.
(f) Vertical Clearance. All fire apparatus access roads shall have an unob-
structed 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 fire apparatus and approved signs are installed
and maintained indicating the established vertical clearance.
(g)Tbrning Radius.The turning radius of a fire apparatus access road shall be
as approved by the chief.
(h)Tbrnarounds. All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the turning around of 11
fire apparatus.
(i)Bridges.When a bridge is required to be used as access under this section,it
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 31
loads of fire apparatus. 12
(j)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 j
41
(3)
10.207-10.301 UNIFORM FIRE CODE
widths and clearances established under this section shall be maintained at all
s 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. 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.
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 private dwellings. This shall be done
according to the relative severity 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 extinguishers shall be in accordance with U.F.C. Standard No.
10-1.
(b) Special Hazards. In occupancies of an especially hazardous nature or
where special hazards exist in addition to the normal hazard of the occupancy,or
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,automat-
ic sprinkler or water spray systems. standpipe and hose, fixed or portable 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.
42
(4)
1985'EDITION 10.301-10.302
(c) Water Supply. An approved water supply capable of supplying 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,
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 other 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
by the Insurance Services Office, "Guide for Determination of Required Fire
Flow."
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)Timing 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.
(e)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 pertinents 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
specifications shall be submitted to the fire department for review and approval
prior to construction.
Maintenance
Sec. 10.302.(a)General.All sprinkler systems,fire hydrant systems,stand-
pipe systems, fire alarm systems, portable fire extinguishers, 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 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
building so equipped is altered, remodeled or added to. All additions, repairs,
alterations 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.
Soda-acid,foam,loaded stream,antifreeze and water fire extinguishers of the
inverting types shall not be recharged or placed in service for fire protection use.
(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
43
(5)