HomeMy WebLinkAboutT-3989 - Agreement/Covenant - 6/28/2006 P. W. File No. 8716 Public Works Department
UGM No. 317 City of Fresno
SUBDIVISION AGREEMENT
Tract No. 3989
"AMERICANA SHORES"
THIS AGREEMENT is made this �+I)day of -July 1988, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Spalding G. Wathen, Della Wathen,
Gloria Wathen, Richard G. Wathen Testamentary Trust and Americana Shores,
a California Limited Partnership c/o Newcity Corporation, 5464 North Palm
Avenue, Fresno, California 93704 , hereinafter designated and called the
"Subdivider. " and Grupe Development Company - Northern California, a
California Corporation. hereinafter designated and called "Guarantor"
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. 3989, Americana Shores , a copy of which map is attached to and made a
part of this Agreement, and said Subdivider has requested the City to
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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 :
9 . The Subdivider shall perform the work and improvements
hereinafter specified on or before September 30, 1989 , to the
satisfaction of the Director of Public Works and/or the City Engineer and
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the Parks, Recreation and Community Services Director 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 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 referenced below,
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.
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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. 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.
C. 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.
d . Lot drainage shall be in accordance with Section 13-120.7012
of the Fresno Municipal Code.
e. 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 Two Thousand Two
Hundred Twenty and 00/100 ($2, 220. 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.
f . , The Subdivider has deposited with the City the sum of Four
Thousand Five Hundred Eighty-Nine and 97/100 Dollars ($4 . 589 . 97 ) for
the following:
( 1) Monument Check Fee
88 Lots @ $25 . 00/Lot $2 . 200. 00
(2) Traffic Regulatory Signing, 8 @ $35 . 00 $280.00
(3 ) Street Tree Inspection Fee
37 Trees @ $23 .00 ea . $851 .00
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(4) UGM Fire Station Fee;
(Service Area No. 21; Zone District R-1/UGM)
Charged for Lots 4. 5 and 6 Only
17 . 56 Ac @ $1, 388 .00/Ac = $24 , 373 . 28
Less 23, 698 . 19 Deferred $675.09
(5) UGM Park Fee;
(Service Area No. 1; Zone District R-1/UGM)
Charged for lots 4 , 5 and 6 Only
17 .56 Ac @ $982 .00/Ac = $17, 243 . 92
Less $16,766 .29 Deferred $477 . 63
(6) Water Charges $106 .25
(a) Water Construction Charge
85 Lots @ $1.25 /Lot $106 . 25
Total Water Charges $106 . 25
TOTAL FEES AND CHARGES $4 . 589 . 97
(7) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No. 21
Zone District R-1/UGM
17. 56 Ac @ 1, 388 .00/Ac = $24 , 373 . 18
Less $675 .09 Paid for lots 4 , 5 and 6
Total Deferred $23 , 698 . 19
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No. 1
Zone District R-1/UGM
17 . 56 Ac @ 982 . 00/Ac = $17, 243 . 92
Less $477 . 63 Paid for Lots 4 . 5 and 6
Total Deferred $16. 766 . 29
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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 Standard Specifications of the
City, which said 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.
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 Eleven Thousand and
00/100 Dollars ($11,000.00) , which is equal to 100% of the total
estimated cost of the monumentation required . Said security shall be
a Certificate of Time Deposit or a bond by a corporate surety or
sureties authorized to do business in the State of California and
acceptable to the City. The bond will be released only when the work
has been completed and accepted by the City. " Should the work not be
provided as specified in this agreement, this security will be used
by the Public Works Director to accomplish the required
monumentation. If the security is not sufficient to pay the cost of
the monumentation, the subdivider will remain liable to the City for
the excess cost thereof .
b. Performance security in the sum of Two Thousand Two Thousand
Twenty and 00/100 Dollars ($2 , 220. 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 .
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c. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016.
10. 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.
11. 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.
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12. 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
policy of Workers ' Compensation Insurance for the duration of the period
of construction.
13 . The Subdivider shall comply with Street. Plumbing. Building.
Electrical . Zoning Codes and any other codes of the City.
14 . 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
Engineer may cause delay for which the Subdivider- shall be solely
responsible.
15 . 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 .
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16. 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 FRESTIO SUBDIVIDER
a Municipal Corporation
(VtMPUBL
RVIND. JOHNSON Spal ' ng G. atIC RKS IRE
Della Wathen
6111 - Gtoxi'.9.
PHIL DAHER y�C/97TH .T.N SCJ'
PARKS. RECREATION AND
COMMUNITY SERVICES DIRECTOR Gloria Wathen
. RICHARD G. WATHEN TESTAMENTARY TRUST
Tvu**-
/���cliwrTrAc
APPROVED AS TO FORM: By. \.Jl
Gloria M. Wathen, Trustee
HARVEY WALLACE
CITY 4ZTORNEY AMERICANA SHORES, a California
Limited Partnership
By
NEWCITY CORPORATION
a California Corporation
General Partner
By: l
Don Pitarre, President
GUARANTOR
GRUPE DEVELOPMENT COMPANY -
NORTHERN CALIFORNIA, a
Califor rporat . n
By: -<G
Rfetrard C. nq
Director of Development
GSA:mv
6216d/398 (Attach Notary Acknowledgement )
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STATE OF CALIFORNIA )
ss.
COUNTY OF FRESNO )
on this �'�'h da of UIS+ in the
year �, before me '10in
n 0. personally
appeared AY1fkpy1V 7T. ME leSto , personally known to me (or
proved to me on the b sis of satisfactory evidence) to be the persons
who executed this instrument as &' 6i aYl�+ Director of
the Public Works Department and _ Director of the Parks,
Recreation, and Community Services Department and acknowledged to me
that the City of Fresno executed it.
JACQUELINE L. RYLE, CMC
City Clerk
By -!
Deputy
Dated:
:t
STATE OF CALIFORNIA
COUNTY OF Fresno } ss.
CL
On this 13th day of_J111Y in the year
:4 1988 before me, the undersigned, a Notary Public in
H
and for said County and State, personally appeared
Spalding G_ Wathen and Della Wathen OFFICIAL SEAL
C-at-)N
EMMA KATAOKA
personally known to me (or proved to me on the basis of satisfactory NOTARY PUBLIC-CALIFORNIA
NOTARY BOND FILED IN
D evidence) to be the person- whose,name
FRESNO COUNTY
> are subscribed to the within instrument and My Comeasslon Expos Jan,1g,1990
acknowledged that they executed the
J -
same.
O l
it Signature
U C '
V 4
Emma Katziaka
Name (Typed or Printed)
STATE OF CALIFORNIA
COUNTY OF Fresno } Ss.
On this —U±b- day of July in the year 1988
before me,the undersigned,a Notary Public in and for said County and
N State, personally appeared Richard G Wathen Jr
CPFFICI4L ZEAL
personally known ON
EMMA KATAOKA
to me (or proved to me on the basis of satisfactory evidence) to be theNOTARY Pl18LIC CALIFORNIA
person whose name isNOTARY BOND FILED IN
< FRESNO COUNTY
LL subscribed to the within instrument,as the Attorney in fact of MY Commiss60n Expires Jan. 191gg0
= Gloria Wathen and Gloria M. Wathen
s
= and acknowledged to me that he aubscribc J the name
W. o f Gloria Wathen & h M W th
Orlt ereio as principal
and his own name as Attorney
.0In in fact. /
u Signature
e e
o Emma Kataoka a
in Name (Typed or Printed)
Notary Public in and for said County and State
c
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA
COUNTY OF FRESNO
On �,/�( f L� 19107, before me the undersigned,
a Notary Public in and for saiid State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument on
behalf of the Corporation therein named, and acknowledged to me
that the Corporation executed it.
WITNESS my hand and official seal.
A
sr OMMAL SEAL
COLLEENALFANO Colleen Alfano
;'Say NOTARY PUBLIC•CALIFORNIA
i7 FRESNO COUNTY
My Comm.Expires Aug_23,1991 NOTARY PUBT4/IC IN AND FOR SAID STATE
STATE OFCALIFORNIA
COUNTY OF FRESNO
On
a Notary ' 19 �� before me the undersigned,
Publi in and for paid State
personally appeared
personally y known to me (or proved to me on
evidence) to be the a basis of satisfactory
person who executed the within instrument on
behalf of the Corporation therein named, and acknowledged to me
that the Corporation executed it.
WITNESS my hand and official seal .
OFFICIAL
COLLEEN ALFANO /r' "'
•1�Q ti
NOT PUBLIC•
FRESNOCpUN71yORMA Colleen Alfano
MY Comm.Expires Aug. NOTARY PUBLIC IN AND
23,1991
FOR SAID STATE
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
rezcue 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
(1)
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)
N-
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
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 Inc lint
story is located more than 150 feet from fire department vehicle access.
EXCEPTIONS: I.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 desiened 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)Tlurning Radius.The turning radius of a fire apparatus access road shall be
as approved by the chief.
(h)lbrnarounds. All dead-end fire apparatus access roads in excess of 150 1
feet in length shall be provided with approved provisions for the turning around of
fire apparatus. i<
(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 3
maximum approved by the chief. I
(k)Obstruction.The required width of any fire apparatus access road shall not I
be obstructed in any manner, including puking of vehicles. Minimum required 1
41
(3)
10.207-10.301 UNIFORM FIRE CODE
widths and clearances established under this section shall be maintained at all
3 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
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