HomeMy WebLinkAboutT-4155 - Agreement/Covenant - 6/27/2006 f
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P. W. File No. 8986 Public Works Department
CUP No. 90-30 City of Fresno
SUBDIVISION AGREEMENT
Tract No . 4155
Royal Oaks Estates
THIS AGREEMENT is made this l7 day of 19_q/ ,
by and between the City of Fresno , a Municipal Corporation, hereinafter
designated and called the "City, " and DWIGHT G . NELSON, a married man, as
his sole and separate property, c/o Company Five, 3400 McCall Avenue,
Suite 100, Selma, California, 93662, 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 .
4155, Royal Oaks Estates, a copy of which map is attached to and made a
part of this Agreement, and said Subdivider has requested the City to
Subdivision Agreement
Tract No. 4155
Page 2
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 .
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 .
Subdivision Agreement
Tract No. 4155
Page 3
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 :
6 . The Subdivider shall perform the work and improvements
hereinafter specified on or before September 30 , 1992 , except the
sidewalk construction and lot corner monumentation which shall be
completed upon construction of the residential dwellings in Tract
No. 4155 but no later than September 30, 1993 , to the satisfaction of the
Director of Public Works and/or the City Engineer of the City as provided
by Code. The Subdivision lot and buffer trees shall be planted by
September 30, 1993 , or upon occupancy of each individual dwelling ,
whichever occurs first, to the satisfaction of the director of the City
Parks Department as provided by code. Issuance of building permits for
any structure within the subdivision shall conform to the requirements of
the Uniform Fire Code (UFC) . The Subdivider ' s attention is particularly
called to UFC Sections 10 . 207(a) , 10 .301(c) , 10 .301(d) and 10 . 301(e)
shown in Exhibit "A" attached hereto and hereby made a part of this
Agreement. No occupancy permit shall be issued until an approved "all
weather" street frontage and access is constructed with approved
streetlighting on line and operational . The issuance of any
Subdivision Agreement
Tract No. 4155
Page 4
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. Extension of time
for completion of improvements (including street trees planting) may be
granted by the Public Works Director with an extension fee from the
current Master Fee Schedule based upon the initial estimated total
improvement cost . The Director of Public Works shall give the Subdivider
written notice of his determination in writing, which shall be final and
conclusive.
7. The work and improvements, more specifically shown on the
referenced plans and made a part hereof , . shall be done in accordance with
the construction standards contained in the City of Fresno Standard
Specifications, "City Standards" , adopted September 11 , 1984 , by
Resolution No. 84-361 and as amended, at the sole cost and expense of the
Subdivider including all costs of engineering , inspection and testing .
8 . The work and improvements are as follows :
a . Construct all landmarks, monuments and lot corners required
to locate land divisions shown on the Final Map.
Subdivision Agreement
Tract No. 4155
Page 5
Pursuant to Section 66497 of the State Subdivision Map Act, prior to
the City' s final acceptance of the subdivision and release of
securities , the Subdivider shall submit evidence to the City of
Fresno of payment and receipt thereof by the Subdivider ' s engineer or
surveyor for the final setting of all monuments required in the
subdivision.
b. All utility systems shall be installed underground.
Subdivider ' s attention is directed to the installation of street
lights in accordance with Resolution No . 68-187 and Resolution
No . 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights . The
Subdivider shall construct a complete underground street light system
as approved by the Traffic Engineer prior to final acceptance of the
subdivision. Height, type, spacing, etc. of standards and luminaires
shall be in accordance with Resolution Nos . 78-522 and 88-229 or any
amendments or modifications which may be adopted by Council prior to
the actual installation of the lights and shall be approved by the
City Traffic Engineer .
c. Water main extensions and services shall be provided in
accordance with applicable provisions of Chapter 14 , Article 1 of the
Fresno Municipal Code and all applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in
accordance with applicable provisions of Chapter 9 , Article 5 of the
Fresno Municipal Code and all applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120 . 7012
of the Fresno Municipal Code.
f . All "Dead-End" Streets crested 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-11390 .
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 .
Subdivision Agreement
Tract No. 4155
Page 6
i . As a condition of final map approval the developer is
required to install landscaping and an irrigation system in a 10-foot
landscape easement along the South Martin Luther King Jr . Boulevard
frontage 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 .
k. As a condition of final map approval, the Subdivider is
required to pay a street tree fee in accordance with the master fee
resolution. In lieu of paying the street tree fee, the Subdivider
has accepted responsibility for the buffer street tree planting and
has posted improvement security in the amount of Six Hundred Nine and
00/100 Dollars ($609 .00) to guarantee planting and maintenance until
time of occupancy of the required trees by the Subdivider until the
City accepts the buffer 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 10-foot
landscape easement on the Martin Luther King Jr . Boulevard frontage
of the subdivision to the City Parks Department for approval . The
plan shall include the types, location, and number of trees and show
all landscaping proposed for planting on public and/or City
controlled property. 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.
j . 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 the paying the street tree fee, the
Subdivider has accepted responsibility for lot street tree planting
and has posted Performance Security in the amount of One Thousand
Nine Hundred Fourteen and 00/100 Dollars ($1, 914 . 00) to secure
planting and maintenance until acceptance of the lot street trees by
the City Parks Department and occupancy and maintenance by lot owners .
Prior to planting any street trees in the Subdivision the Subdivider
agrees to submit a detailed landscaping plan of all front lots as per
Conditional Use Permit No. 90-30 to the City Parks Department for
approval . The plan shall include the types, location, and number of
trees and show all landscaping proposed for planting on Public and/or
City controlled property. The Subdivider agrees that the City shall
not be obligated to accept any tree which is not included in the
approved landscaping plan.
Subdivision Agreement
Tract No . 4155
Page 7
1 . Perform and construct all work shown on the following
referenced plans [City Drawing Nos : 10-C-5994 through 10-C-5995 with
Water Job No. 3939 (2 sheets) inclusive, 4-C-196 (1 sheet) inclusive
and 15-C-7565 through 15-C-7570 (6 sheets) inclusive] , unless
specifically omitted herein.
M. Install and complete all other street improvements required
by Section 12-1012 of the Fresno Municipal Code in accordance with
the City of Fresno standard Specifications and the construction plans.
n. The Subdivider has deposited with the City the sum of Forty
Seven Thousand Two Hundred Forty-Three and 47/100 Dollars
($47, 243 . 47) for the following:
(1) Inspection Fees $8, 217. 24
(2) Monument Check Fee
22 Lots @ $30 . 00/Lot (Min $200 . 00) $660 . 00
(3) Intersection Signing, 2 @ $165 . 00/Ea $330 . 00
(4) Traffic Regulatory and Warning Signing,
2 @ $73 . 00/Ea $146 . 00
(5) Street Trees Inspection Fee
(Privately planted lot street trees to
be maintained by the lot owners)
22 Street Trees @ $23 . 00/Tree $506 . 00
Street Tree Inspection Fee
(Privately planted buffer street trees
to be maintained by the City Landscape
Maintenance District)
7 Trees @ $23 .00/Tree $161. 00
(6) FMFCD Drainage Fee (Drainage Area "ss" )
- 4 . 9159 Ac @ $2 , 450 . 00/Ac $12, 044 .00
(7) Sewer Trench Water Compaction Charge,
596. 00 CY @ $0 . 08/CY $47 . 68
(8) Sanitary Sewer Fees $4 , 033 . 30
(a) Lateral Charge
532 . 0 LF @ $5. 00/LF $2, 660 . 00
Subdivision Agreement
Tract No. 4155
Page 8
(b) Oversize Charge
4 .43 Ac @ $310 . 00/Ac $1,373 .30
(Note: Major Facilities Sewer Service
Charge to be paid as each lot is developed
at the current rate. )
Total Sewer Charges $4 , 033 .30
(9) Water Charges $19 ,299 . 05
(a) "Wet-Tie" Charge $6,700 . 00
(Estimate No. 11390)
(Water Job No . 3939)
(b) Tap Charge
(Service Connections)
South Martin Luther King Jr . Boulevard
Landscape
1-2" Meter @ $500 . 00/Ea $500 . 00
All lots
22-1" Meters @ $275. 00/Ea $6, 050 . 00
(c) Frontage
532 . 0 LF @ $3 .25/LF $1, 729 . 00
(d) Fire Hydrant Charge
(Zone District R-1)
158, 873 . 0 SF @ $0. 75/100 SF $1, 191. 55
(e) Transmission Grid Main
4 .43 Ac @ $700. 00/Ac $3 , 101. 00
(f) Water Construction Charge
22 Lots @ $1, �5 /Lot $27 . 50
Total Water Charges $19 , 299 . 05
(10) Landscape Maintenance District Fee $1, 799 . 20
TOTAL FEES AND CHARGES $47, 243 .47
Subdivision Agreement
Tract No. 4155
Page 9
(11) Fee Deferrals-Present Credits-Future Reimbursements
(a) Fire Hydrant Reimbursement
2 F.H. @ $300 . 00/F.H. $600. 00
Future Reimbursements shall be made in accordance with
Section 14-107 . 1b of the Fresno Municipal Code.
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.
a . The Subdivider allocates lots 10 and 11 for use as tem orary
facilities to alleviate the flooding and drainage problem anticipated
to be caused by this subdivision and its improvements until such time
as the City, through its Public Works Director, releases in writing
such lots from such use. The Subdivider shall improve such
facilities pursuant to City approved construction plans and upon
completion of such improvements the owner shall maintain such
facilities and the City will be permitted to enter such lots for the
purposes of inspection and to regulate the use of and access to such
facilities until such written release is issued.
The Subdivider shall not commence any backfilling operation of
the temporary facilities unless the Public Works Director so
authorizes in writing . The Subdivider agrees that the City may deny
issuance of any building permit relating to such lots until the City
issues its written release.
No written release shall be issued unless the City Engineer is
satisfied that all temporary facilities have been backfilled and
compacted properly and all temporary drainage structures, such as
inlets, outlets, pipes, and similar structures, have been plugged,
removed, and disposed of in accordance with the Standard
Specifications of the City.
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
Subdivision Agreement
Tract No. 4155
Page 10
Standard Specifications of the City, which said plans and specifications
and standards are hereby referred to and adopted and made a part of this
Agreement . In case there are not any standard specifications of the City
for any of said work, it is agreed that the same shall be done and
performed in accordance with the standards and specifications of the
State of California, Division of Highways . All of said work and
improvements and materials shall be done, performed and installed under
the inspection of and to the satisfaction of the City Engineer of the
City.
11 . Prior to the approval by the Council of the City of said final
map, the Subdivider shall furnish to the City:
a . Performance security in the sum of Two Hundred Twenty-One
Thousand and 00/100 Dollars ($221,000 . 00) , which is equal to 100% of
the total estimated cost of the work required. Five percent (5%) of
said amount, Eleven Thousand Fifty and 00/100 Dollars ($11, 050 . 00) ,
shall be cash or a Certificate of Deposit; the remaining 95%, Two
Hundred Nine Thousand Nine Hundred Fifty and 00/100 Dollars
($209 , 950 . 00) shall be in the form of a bond or irrevocable
instrument of credit; all to be conditioned upon the faithful
performance of this Agreement; and
b. Payment security in the sum of One Hundred Ten Thousand Five
Hundred and 00/100 Dollars ($110, 500 . 00) , which is equal to 50% of
the total estimated cost of the work required to secure payment to
all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment
to them for said improvements .
Bonds shall be by one or more duly authorized corporate sureties
subject to the approval of the City and on forms furnished by the
City.
c. Performance security in -the sum of Six Hundred Nine and
00/100 Dollars ($609 . 00) , which is equal to 100% of the total
estimated cost of buffer street tree planting and maintenance
required. One hundred percent (100%) of said amount shall be cash or
a Certificate of Deposit, all to be conditioned upon the faithful
performance of this agreement .
Subdivision Agreement
Tract No. 4155
Page 11
d. Performance security in the sum of One Thousand Nine Hundred
Fourteen and 00/100 Dollars ($1 , 914 .00) , which is equal to 100% of
the total estimated cost of lot 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 .
e. Any and all other improvement security as required by Fresno
Municipal Code, Section 12-1016 .
12 . On acceptance of the required work, warranty security shall be
furnished to or retained by the City, in the amount of Five Thousand Two
Hundred Ten and 00/100 Dollars ($5 , 210 . 00) , for guarantee and warranty of
the work for a period of one ( 1) year following acceptance against any
defective work or labor done or defective materials furnished. ' In
accordance with Section 12-1016 of the Fresno Municipal Code, said
warranty security shall be in the form of cash or a Certificate of
Deposit .. The warranty security shall be returned to the Subdivider, less
any amount required to be used for fulfillment of the warranty one ( 1)
year after final acceptance of the subdivision improvement .
13 . This Agreement shall in no way be construed as a grant by the
City of any rights to Owner to trespass upon land rightfully in the
possession of, or owned by, another, whether such land be privately or
publicly owned.
14 . 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
Subdivision Agreement
Tract No. 4155
Page 12
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.
15 . 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.
16 . 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
Subdivision Agreement
Tract No. 4155
Page 13
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.
17. 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.
18. The Subdivider shall comply with Street, Plumbing , Building,
Electrical, Zoning Codes and any other codes of the City.
19 . It shall be the responsibility of the Subdivider to coordinate
all work done by his contractors and subcontractors , such as scheduling
the sequence of operations and the determination of liability if one
operation delays another . In no case shall representatives of the City
Subdivision Agreement
Tract No. 4155
Page 14
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.
20. 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.
21. 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.
22 . 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
Subdivision Agreement
Tract No. 4155
Page 15
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
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
Subdivision Agreement
Tract No. 4155
Page 16
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 .
23 . 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.
24 . Time is of the essence of this Agreement , and the same shall
bind and inure to the benefit of the parties hereto, their successors and
assigns .
25 . No assignment of this Agreement or of any duty or obligation of
performance hereunder shall be made in whole or , in part by the Subdivider
without the written consent of City.
Subdivision Agreement
Tract No. 4155
Page 17
The parties have executed this Agreement on the day and year first
above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
MARVIN D. JOHNSON, DIRECTOR DWIGHT G . NELSON, a married
PUBLIC WORK PARTMENT man, as his sole and separate
property
jWN*-U--
ATTEST
Dwi
on
JACQUELINE L. RYLE
CITY CLERK
By C,�dQnY,.�w�.
Deputy
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney
By (Attach Notary Acknowledgment)
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S STATE OF CALIFORNIA
COUNTY OF Fresno } SS.
i On this 22nd day of August in the year
7 ' 1991
y , before me, the undersigned, a Notary Public in
and for said Count '
d State, ers pally appeared
DwlgRt Ga �1eison
OFMOL SM
personally known to me (or proved to me on the basis of satisfactory BARBARA E. PASCHAL
< NOTARY PUBLIC-CALIFORNIA
c evidence) to be the person whose name • PRINCIPAL OFFICE IN
is subscribed to the within instrument and FRESNOCOUNTY
W = acknowledged that he executed the My Commission Exp.IN 16,1995
J
same.
O
Signature
U
= n Barbara E. Paschal
U
V) Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R6/84 FOR NOTARY SEAL OR STAMP
EXHIBIT "A"
10.101.10.201 UNIFORM FIRE CODE
PART III
GENERAL PROVISIONS FOR
FIRE SAFETY
ARTICLE 10
FIRE PROTECTION
Division I
OPERATIONS AT FIRES OR OTHER EMERGENCIES
Authority at Fires and Other EnmwWclea
See.10.101.The chief and his authorized representatives.as may be in charge
at the sax of a fire or other emergency involving the protection of We 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 tatting 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 appmoach-
ing the sane 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 fun: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
Sea 10.102.Any person who obstructs the operations of the fire department in
connection with extinguishing any fire. or other emergency. or disobeys any
lawful command of the chief or officer of the fire department who may be in
charge at such a scene.or any part thereof.or any police officer assisting the fire
department.shall be guilty of a misdemeanor.
Authority to Barricade
See.10.103.The chief or other officer of the fire department in charge at the
sane of an emergency shall have the authority to place ropes.guards.barricades
or other obstructions across any street, alley. place or private property in the
vicinity of sucb operauoo so as to prevent amdent or interference with the lawful
efforts of the fire department to manage and control the situation and to handle
fire apparatus.
Division it
GENERAL PROVISIONS
Tampering with Flre Equipment
See 10.2101.`10 person shall molest.tamper with.damage or otherwise disturb
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1986 EDITION 10.201-10.206
any apparatus.equipment or appurtenance belonging to or under the supervision
and control of the fire department without authonty from the chief or his autho-
rized representative to do so.
Tampering with Fire Hydrant or Fire Appliance
Sec.10.202.No person shall remove,tamper with or otherwise disturb any fire
hydrant or fire appliance required to be installed or maintained under the provi-
sions of this code except for the purpose of extinguishing fire,training purposes.
recharging,or making necessary repairs,or when permitted by the fire depart-
ment. Whenever a flue 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 fust 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 dudes,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 Tralls
Sec-10.205.(a)General.The chief may require the installation and mainte-
nance of gates or other approved barricades across roadways. trails or other
accessways,not including public streets,alleys or highways.
When required,gates and barricades shall be secured in an approved manner.
When required to be secured,roadways,trails and accessways shall not be used
except when authorized by the owner and the chief. ;
(b)Trespassing.No person,except a public officer acting within the scope of
his public dudes,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 Protectlon Equlptmsnt
See. 10.206: (a) General. No person shall place or keep any post, fence.
vehicle.growth.trash.stomp or other matenal or ruing tint any fere hydraM fire
department connection or fire protection system comml valve that would prevent
such equipment or hydrant from being immediately discernible or in any other
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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
parking or other obstruction.
Firs Apparatus Accen Roads
See. 10.207.(a)General. Fire apparatus access roads shall be provided and
maintained in accordance with the provisions of this section.
(b)Where Required.Fn:apparatus access roads shall be required for every
building hereafter constructed when any portion of an exterior wall of the first
story is located more than 150 feet from fire devartment vehicle access.�
} EXCErnONS: 1.W nen buntings are compteteryprotected with an approved
automatic fire sprinkler 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
foe protection as specified in Section 10.301(b).
3.When there we 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,fur-fighting or rescue operations would not be impaired.
More than one fire apparatus road may be requited 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)Verdeal Clearance.Fre apparatus access roads shall have an unobstructed
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 fur apparatus and approved signs are installed
and mainta ned indicating the established vertical clearance.
(e)Permissible ifodifications. Vertical clearances or widths required by this
f section shall be increased when.in the opinion of the chief,vertical clearances or
widths are nes adequate to provide fire apparatus access.
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� (f)Surface.Foe 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.
(g)Turning Radius.Slat turning radius of a fire apparatus access road shall be
as approved by the chief.
(h)Thruarounds.All dead-end fire apparatus access roads in excess of 150
feet in length shall be provided with approved provisions for the rurnrrg around of
fire apparatus.
*as measured by an ,=bstructed route arcund the
exterior of the buidli,^g.
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1988 EDITION 10.297-19.301
(i)Bridges.when a bridge is required to be used as access under this section.it
shall be constructed and maintained in accordance with the applicable sections of
the Building Code and using designed live loading sufficient to carry the imposed
loads of fire apparatus.
0)Grade.The gradient for a fire apparatus access road shall not exceed the
maximum approved by the chief.
(k)Obstruction.The required width of any fire apparatus access road shall not
be obstructed in any manner,including parking of vehicles. Minimum required
widths and clearances established under this section shall be maintained at all
times.
(1)Signs. When required,approved signs or other approved notices shall be
provided and maintained for fire apparatus access roads to identify such roads and
prohibit the obstruction thereof or both.
Promises Identification
Sec.10.208.(a)General.Approved numbers or addresses shall be placed on
all new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property.Said numbers shall contrast with their
background.
(b)Street or Road Signs.When required by the chief,a street or road shall be i
identified with approved signs.
Key Box
See.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 fine 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 seventy of probable fire, including the rapidity with
which it may spread.Such appliances shall be of a type suitable for the probable
etas of fire associated with such building or premises and shall have approval of
the chief.
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(b)Special Hazards. In occupancies of an especially hazardous name or
where special hazards exist in addition to the normal hazard of the occupancy.or
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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 coven, 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 Associadon when Uniform Fire Code Standards do
not apply.
l (c)Water Supply.An approved water supply capable of supplying the required
fire flow for fire protection shall be provided to all premises upon which buildings
} or portions of buildings are hereafter constructed. When any portion of the
i 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.Insetting
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
oron 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 starkers.
(e)TIming of Installallon.When fire protection facilities are to be installed by
the developer:such facilides 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 installauon and location and
shall be subject to such periodic tests as required by the chief.Plans and specifica-
tions shall be submutted to the fire department for review and approval pnor to
• coasavctioa.
Malrttartutca
See.10.302.(a)General.All sprinkler systems,fire hydrant systems,stand-
pipe systems, fire alarm systems, portable fire extinguishers. smoke and heat
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3
19U EDMON 10.102-10.304
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.Fite-protective or exiinguishin g
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 shall be in accordance with recognized standards.
EXCEPTION:Systems not required by this or any ober code need not be
extended.altered nor augmented.
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(b)Systems in High-rise Buildings.The building owner shall be responsible
for assuring that the fire and life safety systems required by Sections 1807 and
1907 of the Uniform Building Code shall be maintained in an operable condition
at all times.Unless otherwise required by the chief,quarterly tests of such systems ;
shall be conducted by approved persons.A written record shall be maintained and
be made available to the inspection authority.
(c)Smoke-control Systems. Mechanical smoke-control systems,such as in
high-rise buildings,buildings containing atria,covered mall buildings and me-
chanical ventilation systems of smokeproof enclosures, shall be maintained in
operable condition at all times.Unless otherwise required by the chief,quarterly
tests of such systems shall be conducted by approved persons.A written record
shall be maintained and be made available to the inspection authority.
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