HomeMy WebLinkAboutT-4056 - Agreement/Covenant - 6/28/2006 ti
I
P. W. File No . 8858 Public Works Department
UGM No . 192 City of Fresno
SUBDIVISION AGREEMENT
Tract No . 4056
'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590 '
THIS AGREEMENT is made this 24-_ day of Tu LY 1990, by
and between the City of Fresno, a Municipal Corporation, hereinafter
designated and called the "City, " and Pacific Homes, a California Limited
Partnership P. O. Box 7676, Fresno, California 93747, 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. 4056, 'Fancher Creek Ranch III ' , 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 . 4056 , 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
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
recording as provided and required by law, it is mutually agreed and
Subdivision Agreement
Tract No. 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 3
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, 1991, except the sidewalk
construction and lot corner monumentation which shall be completed upon
construction of the residential dwellings in Tract No . 4056 but no later
than July 31, 1992, to the satisfaction of the Director of Public Works
and/or the City Engineer of the City as provided by Code . Issuance of
building permits for any structure within the subdivision shall conform
to the requirements of the Uniform Fire Code (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. 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
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 4
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. 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.
Subdiv'ision Agreement
Tract No. 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 5
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-749 .
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 . Perform and construct all work shown on the attached plans
(City Drawing Nos . 10-C-5601 through 20-C-5606 with Water Job
No . 3737 (6 sheets) inclusive, 15-C-7325 through 15-C-7334 (10 sheets
inclusive, Street Light Plan 4-C-134 (1 sheet) inclusive and Fresno
Metropolitan Flood Control District No . BE-6-1 through BE-6-2 (2
sheets) inclusive) , unless specifically omitted herein.
j . 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 .
k. The Subdivider has deposited with the City the sum of
Seventy One Thousand Six Hundred Sixty-Two and 69/100 Dollars
($71, 662 . 69) for the following :
(1) Inspection Fees = $20, 681. 99 Less $9 , 860 .32 $10, 821. 67
Paid with Early Sewer, Storm Sewer and
Water Construction Agreement
(2) Monument Check Fee
81 Lots @ $30 . 00/Lot $2 ,430 .00
(3) Intersection Signing, 11 @ $165 . 00/Ea $1, 815 . 00
(4) Traffic Regulatory Signing, 14 @ $73 . 00/Ea $1, 022 . 00
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 6
(5) Street Trees, 99 @ $87 . 00/Ea $8, 613 . 00
(6) Sanitary Sewer Fees $Q
(Note: Major Facilities Sewer Charge
to be paid as each lot is developed at
the current rate of $200/unit . )
(7) Water Charges $26, 207 .22
(a) Tap Charge
(Service Connections)
8.1-1" meters @ $275 . 00/Ea $22 , 275 . 00
(b) Fire Hydrant Charge (Zone District R-1/UGM)
510, 796 . 00 SF @ $0 . 75/100 SF $3 , 830 . 97
(c) Water Construction Charge
81 Lots @ $1. 25/Lot $101. 25
Total Water Charges $26,207.22
(8) UGM Major Street Bridge Charge
(Zone D-1/E-2)
15 .98 Ac @ $210 . 00/Ac $3 , 355 . 80
(9) UGM Traffic Signal Charge,
15 . 98 Ac @ $860 . 00/Ac $13 ,742 . 80
(10) Landscape Maintenance District Fee $3 , 655 .20
TOTAL FEES AND CHARGES $71. 662 . 69
(11) Fee Deferrals-Present Credits-Future Reimbursements
(a) UGM Fire Station Fee
Deferred by Covenant
Service Area No. 15
Zone District R-1/UGM
15 . 98 Ac @ $605 . 00/Ac $9 , 667 . 90
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No. 3590
Page 7
(b) UGM Neighborhood Park Fee
Deferred by Covenant
Service Area No . 2
Zone District R-1/UGM
15 .98 Ac @ $1, 650 . 00/Ac $26, 367 .00
(c) Sanitary Sewer Oversize Charge
Present Credit-Future Reimbursement
15 . 98 Ac @ $240. 00/Ac $3, 835 .20
Less Oversize Credits [$19 , 374 . 89]
Net Charge $Q
Paid with Credits
Future Reimbursements shall be made in accordance with
Section 9-503 . 2 of the Fresno Municipal Code
(UGM Reimbursement Area No . 34)
(d) Transmission Grid Main Charge -
Present Credit-Future Reimbursement
15 . 98 Ac @ $440. 00/Ac $7, 031.20
Less TGM Credits [$50, 511. 20]
Net Charge $Q
Paid with Credits
Future Reimbursements shall be made in accordance with
Section 14-107. 1(d) of the Fresno Municipal Code
(UGM Reimbursement Area D)
(e) UGM Major Street Charge
Present Credit-Future Reimbursement
Zone D-1/E-2
15 . 98 Ac @ $2, 180 . 00/Ac $34 , 836 . 40
Less Major Street Credit [$58, 021 .40]
Net Charge $Q
Paid with credits
Future Reimbursements shall be made in accordance with
Section 11-226(f) of the Fresno Municipal Code
(f) Fire Hydrant Reimbursement
7 F.H. @ $300 . 00/F.H. $2, 100 . 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b of the Fresno Municipal Code
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 8
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. 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.
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 Five Hundred Seventy-Six
Thousand Five Hundred and 00/100 Dollars ($576, 500 . 00) , which is
equal to 100% of the total estimated cost of the work required. Five
percent (5%) of said amount, Twenty-Eight Thousand Eight Hundred
Twenty-Five and 00/100 Dollars ($28, 825 .00)', shall be cash or a
Certificate of Deposit; the remaining 95%, Five Hundred Forty-Seven
Thousand" Six Hundred Seventy-Five and 00/100 Dollars ($547, 675 . 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
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No. 3590
Page 9
b. Payment security in the sum of Two Hundred Eighty-Eight
Thousand Two Hundred Fifty and 00/100 Dollars ($288, 250 . 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.
d. 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 Eight Thousand
Three Hundred Eighty-Two and 50/100 Dollars ($8, 382 . 50) , 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
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
Subdivision Agreement
Tract No. 4056 , 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 10
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
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
Subdivision Agreement
Tract No. 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 11
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
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
Subdivision Agreement
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 12
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
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
Subdivision Agreement
Tract No. 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 13
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
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 .
Subdivision Agreement
Tract No. 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No. 3590
Page 14
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 . 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 .
24 . 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 . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
Page 15
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
PACIFIC HOMES, a California
MARVIN D. JOHNSON Limited Partnership
PUBLIC VQRK DIRECTOR
BY: SUTTER STREET DEVELOPMENT
COMPANY, Inc. , a California
Corporation, General
Partner
ATTEST:
JACQUELINE L. RYLE By:
CITY CLERK David A: Dyck, President
By
eputy
APPROVED AS TO FORM:
HARVEY WALLACE
CITY TORNEY
By (Attach Notary Acknowledgment)
-- T.R-my -- —-
CAT.NO.NNO0636
TO 21954 CA(1-83) QC TICOR TITLE INSURANCE
(Corporation as a Partner of a Partnership) J
STATE OF CALIFORNIA
COUNTY OF Fresno
On mix Z 9 Ig9C before me, the undersigned, a Notary Public in and for
said State, personally appeared David A Dyck
K personally known to me or proved to me on the basis of satisfactory evidence to be the person who executeds
Id
the within instrument as the I'resiclent,and ------------------------
----------------- personally known to me or proved to me (inthebasis of satisfactory evidence
to be the person who executed the within instrument as the Secretary of
Sutter Street I)evelopInent Cofnpany, Inc.
the corporation that executed the wiihin instrument on
behalf of I'aC i h_iC I lomcs, <a I,iln i tett - --
Partnor-lun the partnership that executed ;_ LINDA RAY �
the within instrument, and acknowledged to me that such fJUTi,RY PUBLIC
corporation executed the same as such partner and that It ''r;4�gr� FiEY2 CCUNTY, C4�IFCRNIA '
such partnership executed the sante. Ij� I
WITNESS my hand and official seal. yyComm,,ss:onFx;tresMzy29,1993 1
. I/t
Signature '.i^ t`( `fi _ �� (This area for official notarial seal)
Tract No . 4056, 'Fancher Creek Ranch III '
Phase III of Tentative Tract No . 3590
P.W. File No. 192
SUBORDINATION
The undersigned as holder of the beneficial interest in and under
that certain Deed of Trust recorded on June 2919 90,
in the office of the Fresno County Recorder in Book N/A
Page N/A Document No. 90076192 of which the
Deed of Trust in by and between PACIFIC HOMES , A LIMITED PARTNERSHIP
as Trustor, THE CALIFORNIA-SANSOME CORPORATION , as Trustee,
and THE BANK OF CALIFORNIA, N.A. , as Beneficiary, hereby
expressly subordinates said Deed of Trust and its beneficial interest
thereto to the foregoing Subdivision Agreement of Tract No. 4056,
'Fancher Creek Ranch III , Phase III of Tentative Tract No . 3590 .
DATED: 19
THE BANK OF CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF Fresno SS.
LIZOn this 3rdday of July in the year
1990 before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
Kat-harinp Karst personally known
to me (or proved to me on the basis of satisfactory evidence) to be the
Vice President, a'nff/
z
O_ / ( tthy'/ I L/ J•L 1/ / L / / / / / /
~ t^4� P#�ri/�F�Y��'!Or 1Q'�IF��� 110 �/�dk/V4�kidlotAit4VEt14 OFFICIAL SEAL +
�
PATRICIA JOHNSON
O 4(YeiiVej NAI
NOTARY PUBLIC-CALIIORNIA
0.W 1`20falVof the corporation that executed the within Instrument, and PRINCIPAL OFFICE IN
.1 0 acknowledged to me that such corporation executed the within instru• FRESNO COl1NTY
w
0
mens pursuant to its by-laws or a resolution of its board of directors. My Commission Exp.1an.13.1992
O
O
t
u o Signature
= a Qgicia Johnsw
U
H
Name (Typed or Printed)
.Notary Public in and for said County and State
EXHIBIT "A"
10.101-10.201 UNIFORM FIRE CODE
PART 111
GENERAL PROVISIONS FOR
FIRE SAFETY
. ARTICLE 10
FIRE PROTECTION
Division I
OPERATIONS AT FIRES OR OTHER EMERGENCIES
Authority at Fires and Other Emergencies
See.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 rut. or other emergency, or disobeys any
lawful command of the chief or officer of the fur: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
1
1968 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 fur
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 fue 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 fine 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 fine
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 1
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 authorized 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 vehicle so as to obstruct the
entrance to such road or trail.
Obstruction of Fire Protection Equipment
Sec. 10.206. (a) General. No person shall place or keep any post, fence,
vehicle.growth.trash,storage or other material or thing near any fire hydrant,fur
department connection or fine 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 fire 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 identified in a manner approved by the chief to prevent
I parking 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 nwre than 150 ferr from fire department vehicle access..*
EXCEPTIONS: 1.W nen burrumgs are comptetetyprotected with an approved
automatic firs sprizWer system,the provisions of this section may be modified.
2. When access roadways canna be installed due to topography,waterways,
nonnegotiable grades or other similar conditions,the chief may require additional
firs protection as specified in Section 10.301(b).
3.When there we tot 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.
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 terrain,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 fire apparatus access road shall be not
less than 20 feet.
(d)Vertical Clearance.Fire apparatus access roads shall have an unobstructed
1 vertical clearance of not less than 13 feet 6 inches.
EXCEPTION:Upon approval vertical clearance maybe reduced,provided such
reduction does not impair access by firs apparatus and approved signs are 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.vertical clearances or
widths are not adequate to provide fire apparatus access.
g (f)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
j 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)lbruaroonds.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
fire apparatus.
*as measured by an unobstructed route around the
exterior of the buidling.
3
ISM 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.
(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 requited
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 Identiflcatlon
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 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.
K
(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
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 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.,
(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
l 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
mains or other 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)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.
(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.
Malntanamm
See.10.302.(a)General.All sprinkler systems,fire hydrant systems,stand-
pipe systems, fire alarm systems, portable fire extinguishers, 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,altera-
tions and servicing shat!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
shat!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- is
chanical ventilation systems of smokeproof enclosures,shall be maintained in
operable condition at aU 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.
s
6