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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: April 8, 2003

Subject/Title: Discussion concerning satisfaction of Condition 14 of Planning Commission Design Review Resolution 01-28 Amended (AIG Baker Pad C Fire Sprinklers)

Submitted by: Community Development Department, M. Oshinsky/L. Kidwell

Approved by: John Stevenson, City Manager

RECOMMENDATION
Staffs recommendation is that Condition #14 has been met and it would be inappropriate to require sprinklers at this time when the reason for the sprinklers requirement does not exist and neither the UBC or the Fire Code require them. Staff stands ready to prepare a Commercial Fire Sprinkler Ordinance if that is the desire of the Council.

PREVIOUS ACTION
On September 17, 2002, the City of Brentwood Planning Commission amended Design Review Resolution 01-28 (AIG Baker) to include the proposed structure for Pad C. Original Design Review Requirements included the City of Brentwood Standard Conditions of Approval for Commercial and Industrial Projects. Condition 14 of those conditions requires “The Building, as proposed, shall be protected with an approved automatic fire sprinkler system due to the fire flow requirements in excess of Fire District requirements. Two sets of plans shall be submitted to the Contra Costa Fire District Office for review and approval prior to instillation. “

BACKGROUND
During the construction of the 5,000 square foot Hi Bar Hawaiian Bar-B-Q building on Pad C at AIG Baker’s Sand Creek Crossing, the Project Building Inspector questioned the contractor concerning the need for the instillation of an approved automatic fire sprinkler system. The Building Inspector was concerned that the construction progress would soon exceed the point at which an automatic fire sprinkler system could easily be installed. Looking for clarification, the Building Inspector contacted the Planning Division to determine if there were any Planning Conditions that might apply. In reviewing the Standard Conditions of Approval for Commercial and Industrial Projects, condition 14 was identified.

Initially, there seemed to be a requirement for an automatic fire sprinkler system. However, in researching all the facts, staff discovered:

• An approved automatic fire sprinkler system was not required by the Building Code based on use, occupant load, and conditions.
• An approved automatic fire sprinkler system was not required by the Fire Code based on hazard and size.
• The project was permitted by City of Brentwood Building Division with no sprinkler requirement because of the above bullet points.
• The project was permitted by the Contra Costa Fire District with no sprinkler requirements.
• Fire flows calculated and verified by the Fire District far exceed the Fire District’s requirements, which was specified as the reason in condition #14 for requiring sprinklers.

Either the Fire Code or the Building Code can trigger the requirement for an automatic fire sprinkler system and often times for different reasons. In this case, nether code required an approved automatic fire sprinkler system, and because there was no increased hazard due to inadequate fire flow, condition 14 was satisfied.

Councilman Petrovich asked that this item be brought to the full Council for review of 2 items.
1. Should Hi Bar Hawaiian Bar-B-Q be required to install sprinklers?
2. Does the Council wish to direct staff to draft a mandatory Fire Sprinkler Ordinance similar to the current Residential Fire Sprinkler Ordinance?
Staff has notified the developer that Council may reverse staffs decision that condition #14 had been met.

FISCAL IMPACT
None to the City, however it would increase construction costs for buildings and developments that don’t currently require them.


 

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