CITY COUNCIL AGENDA ITEM
Meeting Date: July 22, 2003
Subject/Title: Adoption of an ordinance amendment adding Section 15.04.150,
to the City of Brentwood Municipal Code titled, “Section 904.2.1 of the
Uniform Building Code amended”, requiring an automatic fire-extinguishing
system on all commercial and industrial occupancies over 500 square feet in
Submitted by: Community Development Department (M. Oshinsky/L. Kidwell)
Approved by: John Stevenson, City Manager
Waive the second reading and adopt Ordinance No. 751 by adding Section
15.04.150 to the City of Brentwood Municipal Code titled, “Section 904.2.1
of the Uniform Building Code amended”, requiring an automatic
fire-extinguishing system on all commercial and industrial occupancies over
500 square feet in floor area.
At the City Council Meeting of June 24, 2003 Council introduced and waived
the first reading of Ordinance No. 751.
This ordinance amendment will require that all new commercial and industrial
buildings over 500 square feet to be protected by an automatic fire
There is no fiscal impact to the City. However, for the
commercial/industrial developers, the added cost of construction could be
$7,000 to $20,000, depending on building size or building use.
City Council Ordinance 751
ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING SECTION
15.04.150 OF THE CITY OF BRENTWOOD MUNICIPAL CODE TITLED, “SECTION 904.2.1
OF THE UNIFORM BUILDING CODE AMENDED”, REQUIRING AN AUTOMATIC
FIRE-EXTINGUISHING SYSTEM ON ALL COMMERCIAL AND INDUSTRIAL OCCUPANCIES OVER
500 SQUARE FEET IN FLOOR AREA.
WHEREAS, the City of Brentwood is committed to quality fire protection; and
WHEREAS, the City of Brentwood regulates the level of fire protection in new
construction by the adoption of the Uniform Building Codes as provided in
the Brentwood Municipal Code, Title 15; and
WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger
Dispatch on June 13, 2003 and posted, according to City policies of
Government Code 65090; and
WHEREAS, the City Council of the City of Brentwood held a public Hearing on
the proposed amendment on June 24, 2003 for the purpose of reviewing the
WHEREAS, after close of the hearing, the City Council considered all public
comments received both before and during the public hearing, the
presentation by City staff, the staff report, the recommendations, and all
other pertinent documents and associated actions regarding the proposed
ordinance amendment; and
WHEREAS, the City Council of the City of Brentwood makes the following
This amendment is consistent with the General Plan and other applicable City
plans, and is appropriate to the public interest; and
This amendment to the Uniform Building Code (UBC) as adopted by the City of
Brentwood is necessary due to climatic, geographic and topographical
conditions which exist in the City of Brentwood. These conditions increase
the potential for fire hazard within the community. The amendments proposed
are necessary to serve the public interest by reducing the fire risk to life
and property of the citizens of Brentwood.
1. Average yearly rainfall for the City is approximately 4-16”. This
rainfall normally occurs from October to April. During the summer months,
there is generally no measurable precipitation. Temperatures for this dry
period average from 80 degrees - 100 degrees F. and are frequently
accompanied by light to gusty westerly winds. The City is surrounded on the
windward side by grasslands which, in conjunction with the dry and windy
climatic conditions, create a hazardous situation which has led to extensive
grass and brush fires in recent years. With more development extending from
the urban core into these grass-covered areas, wind-driven fires could lead
to severe consequences, as has been the case on several occasions in similar
areas of the state.
2. Uniquely for a City of its size, the City is dissected by several
topographical features, including one major creek (Marsh Creek), one
railroad line (Southern Pacific), State Hwy. 4 and several high volume
hazardous material pipelines. Traffic between these areas is channeled into
several major thoroughfares which must cross the creek, railroad tracks and
highway by means of bridges, and at grade crossings.
Heavy traffic congestion on the City’s major streets already acts as a
barrier to timely response for fire equipment and emergency services. In the
event of an accident or other emergency at one of the key points or
intersections between a road and creek or highway, sections of the City
could become isolated or response time could be sufficiently slowed so as to
increase the risk of substantial injury or damage. For example, a routine
accident at Balfour and Concord Avenue would greatly reduce response times
to the southwestern portions of the City. With the inability of the fire
department to guarantee rapid response to various sections of the City, it
is necessary to mitigate this problem by requiring additional built-in
automatic life safety protection systems, which will provide for early
detection and initial fire control until the arrival of the fire-fighting
3. Eastern Contra Costa County is subject to ground tremors from large
seismic events on the San Andreas, Hayward and Calaveras Faults, the major
active faults in the San Francisco Bay Area. Directly to the south is the
active Greenville Fault. The largest recorded earthquake in this immediate
area occurred during a sequence of earthquakes on the Greenville Fault in
January and February of 1980. This earthquake had a magnitude of from 5.5 to
5.9 on the Richter Scale. Several smaller faults in or around the City
include the Las Positas Fault, the Tesla Fault and the Livermore Fault.
Seismological evidence indicates the probability of an earthquake in this
region ranging from 5 to 7 on the Richter Scale.
This potential for earthquakes influences fire protection planning for the
City. A major seismic event would create a citywide demand on fire
protection service which would be beyond the response capacity of the fire
department. This potential problem can be mitigated by requiring initial
fire control through the installation of automatic life safety protection
systems. Structural damage to the overpass or bridges connecting the City’s
various areas would seriously delay emergency vehicle access to these areas.
NOW THEREFORE, the City Council of the City of Brentwood does ordain that
Section 15.04.150 of the Brentwood Municipal is hereby amended to read as
15.04.150 Section 904.2.1 of the Uniform Building Code Amended.
904.2.1 Where required. In addition to the occupancies and locations set
forth in this section, an automatic fire-extinguishing system shall be
installed in all new commercial and industrial occupancies, when the floor
area exceeds 500 square feet.
Ordinance shall take effect on September 1, 2003.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 24th day of June, 2003,
and adopted on the 22nd day of July, 2003, by the following vote: