CHAPTER 5.
FIRE CODE

Sections:

4-5.01    Title.

4-5.02    Adoption.

4-5.03    Amendments to California Fire Code.

4-5.01 Title.

The ordinance codified in this chapter shall be known and may be cited as the Fire Code of the City of Emeryville and will be referred to in this chapter as “this code.”

(Sec. 4, Ord. 22-014, eff. Jan. 1, 2023)

4-5.02 Adoption.

The following document is hereby adopted as the Fire Code of the City of Emeryville:

(a)    The 2021 International Fire Code (IFC), as amended by the state and known as the 2022 California Fire Code (CFC) including Sections 101.1, 103.2, 104.6, 104.11, and 107.2 and 503 (California Code of Regulations, Title 24, Part 9) as published by the International Code Council (ICC) and the California Building Standards Commission, and as further modified and amended by this Chapter.

A copy of this code is on file in the office of the City Clerk.

(Sec. 4, Ord. 22-014, eff. Jan. 1, 2023)

4-5.03 Amendments to California Fire Code.

(a)    Section 101.1 is amended to read as follows:

101.1 Title. These regulations shall be known as the Fire Code of the City of Emeryville hereinafter referred to as “this code”.

(b)    Section 103.2 is amended to read as follows:

103.2 Appointment. The fire code official shall be as specified in the Agreement between the City of Emeryville and the fire department serving the City of Emeryville.

(c)    Section 104.6 is amended to read as follows:

104.6 Official records. The City of Emeryville shall keep official records as required by Sections 104.6.1, 104.6.2, and 104.6.4. Such official records shall be retained for the longer period of time which is: 1) not less than five years; 2) for as long as the structure or activity to which such records relate remains in existence; or 3) as otherwise provided by the City of Emeryville Records Retention Schedule.

(d)    Section 107.2 is amended to read as follows:

107.2 Schedule of permit fees. A fee for each Plan review, permit or inspection shall be paid as required, in accordance with the City of Emeryville Master Fee Schedule.

(e)    Sections 903.2.1.2, 903.2.1.3, and 903.2.1.4 are deleted and Section 903.2.1 is amended to read as follows:

903.2.1 Group A. An automatic sprinkler system shall be installed in Group A, A-1, A-2, A-3, and A-4 occupancies as follows:

1.    When there is more than 3,000 square feet of floor fire area, or

2.    When the occupant load exceeds 100, or

3.    When the fire area is located on a floor other than a level of exit discharge serving such occupants, or

4.    When the building is 35 feet or more in height, or

5.    When the building is three or more stories, irrespective of height, or

6.    The fire area contains a multi-theater complex.

For Group A-5 occupancies, assembly occupancies on roofs, and multiple fire areas, automatic sprinkler systems shall be provided as indicated in Sections 903.2.1.5, 903.2.1.6, and 903.2.1.7, respectively.

(f)    Section 903.2.3 Group E is amended to read as follows:

Section 903.2.3 Group E. An automatic sprinkler system shall be installed in Group E occupancies as follows:

1.    A group E Fire area exceeds 3,000 square feet, or

2.    In rooms or areas with special hazards such as laboratories, vocational shops, and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored, or

3.    The group E fire area is located on a floor other than a level of exit discharge servicing such occupancies.

(g)    Sections 903.2.4.1 and 902.4.2, and 903.2.4.3 are deleted and Section 903.2.4 Group F-1 is amended to read as follows:

Section 903.2.4 Group F-1. An automatic sprinkler system shall be installed in Group F-1 occupancies as follows:

1.    A group F-1 Fire area exceeds 2,500 square feet, or

2.    A group F-1 fire area is located more than three stories above grade plan, or

3.    When the building is three or more stories, irrespective of height, or

4.    The height of the building is 35 feet or more.

(h)    Section 903.2.7.1 and 903.2.7.2 are deleted and Section 903.2.7 is amended to read as follows:

Section 903.2.7 Group M. An automatic sprinkler system shall be installed in Group M occupancies as follows:

1.    A Group M fire area exceeds 3,000 square feet, or

2.    In all buildings of Group M where storage of merchandise is in high piled or rack storage arrays, or

3.    When the building is three or more stories, irrespective of height, or

4.    The height of the building is 35 feet or more.

(i)    Section 903.2.9.1, 903.2.9.2, 903.2.10, 903.10.1 are deleted and Section 902.2.9 is amended to read as follows:

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy where one of the following conditions exists:

1.    A Group S fire area exceeds 3,000 square feet, or

2.    A Group S fire area is located more than three stories above grade plane, or

3.    The height of the building is 35 feet or more.

(j)    Section 903.2.13 is amended to read as follows:

Section 903.2.13 Group B and U.

General. An automatic fire extinguishing system shall be installed in all new Group B and U occupancies as follows:

1.    A total floor area of 3,000 square feet or more, or

2.    A height of 35 feet or more, or

3.    Three or more stories, irrespective of height.

(k)    Section 903.2.22 is added to read as follows:

Section 903.2.22 Renovations. Automated sprinkler systems shall be installed in all buildings or separate interest spaces that are substantially renovated as defined below.

1.    Buildings. (Entire building in single fee title ownership). The building or portion thereof is being renovated, rehabilitated, or reconstructed and the value of the improvements is equal to or greater than 50% of the replacement cost of the building.

2.    Separate Interests in Common Interest Developments. (Building is subdivided into multiple fee title ownership interests.) A separate interest in a common interest development is being renovated, rehabilitated, or reconstructed and the value of the improvements is equal to or greater than 50% or the replacement cost of said interest.

3.    Definition of Replacement Cost. In absence of proof to the contrary, replacement cost as used above shall mean the market value of the building or separate interest in a common interest development as determined by the Building Official at the time of submission of a building permit application.

(l)    Section 1103.5 is amended to read as follows:

Section 1103.5. Sprinkler Systems. An automatic sprinkler system shall be provided in existing buildings in accordance with sections 1103.5.1 through 1103.5.6

(m)    Section 1103.5.6 is added to read as follows:

Section 1103.5.6 Automatic sprinkler systems shall be installed in all existing buildings or in any separate interest in a common interest development, as those terms are defined in California Civil Code Section 1351, with a minimum total floor area of 3,000 square feet if:

1.    Subdivided Space or Subdivisions. The building or separate interest in a common interest development is being subdivided into multi-tenant spaces or being subdivided pursuant to the California Subdivision Map Act or the City’s Subdivision Regulations, or:

2.    Change of Use or Occupancy. The character of occupancy or use of the building or separate interest in a common interest development is being changed to a different division of the same occupancy or to a different occupancy as defined in California Building Code Chapter 3 Use and Occupancy Classification.

(Sec. 4, Ord. 22-014, eff. Jan. 1, 2023)