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Article 2. Restrictions in Fire Zones
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Chapter 7A of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

701A--SCOPE, PURPOSE AND APPLICATION

701A.1 Scope. This chapter applies to building materials, systems and or assemblies used in the exterior design and construction of new buildings and structures, additions, alterations, repairs and re-roofs located within a Wildland-Urban Interface (WUI) Fire Area as defined in Section 702A.

701A.2 Purpose. The purpose of this Chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any building or structure in the Wildland-Urban Interface (WUI) Fire Area to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses.

701A.3 Application. New buildings located in any Fire Hazard Severity Zone or new buildings and structures, additions, alterations, repairs and re-roofs located in any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter. This shall include all new buildings and structures, additions, alterations, repairs and re-roofs with residential, commercial, educational, institutional or similar occupancy type uses, which shall be referred to in this chapter as "applicable building(s)" (see definition in Section 702A), as well as new buildings and structures, additions, alterations, repairs and re-roofs accessory to those applicable buildings (see Exceptions 1 and 4).

Exceptions:

1.    Group U occupancy accessory buildings or structures, of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

2.    Group U occupancy agricultural buildings or structures, as defined in Section 202 of this code of any size located at least 50 feet (15 240 mm) from an applicable building.

3.    Group C occupancy special buildings or structures conforming to the limitations specified in Section 450.4.1.

4.    New accessory buildings and miscellaneous structures specified in Section 710A shall comply only with the requirements of that section.

5.    Additions to and remodels of buildings originally constructed prior to July 1, 2008.

701A.3.1 Application date and where required. New buildings for which an application for a building permit is submitted on or after July 1, 2008 located in any Fire Hazard Severity Zone or buildings and structures, additions, alterations, repairs and re-roofs for which an application for a building permit is submitted on or after July 1, 2008 located in the Wildland Interface Fire Area shall comply with all sections of this chapter., including all of the following areas:

1.    All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:

1.1.    Moderate Fire Hazard Severity Zones.

1.2.    High Fire Hazard Severity Zones.

1.3.    Very-High Fire Hazard Severity Zones.

2.    Land designated as Very-High Fire Hazard Severity Zone by cities and other local agencies.

3.    Land designated as Wildland Interface Fire Area by cities and other local agencies.

Exceptions:

1.    New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter.

2.    New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland Interface Fire Area designated by cities and other local agencies for which an application for a building permit is submitted on or after December 1, 2005 but prior to July 1, 2008, shall only comply with the following sections of this chapter:

2.1.    Section 705A--Roofing.

2.2. Section 706A--Attic Ventilation.

702A--DEFINITIONS

APPLICABLE BUILDING. A building or structure that has residential, commercial, educational, institutional or similar occupancy type use.

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to time. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: the eastern section of the University of California, Berkeley main campus, block number 2042 (Alameda County Assessor’s parcel numbering (APN) system), to the east city line; all of the Clark-Kerr campus, block number 7690, to the east city line; all of block number 7680 in the City of Berkeley; portions of block number 1702 in the City of Berkeley. See Exhibit A for the specific parcels by APN and address.

FIRE ZONE 3 encompasses those areas designated as Environmental Safety--Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

LOCAL RESPONSIBILITY AREA (LRA). Areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district. Fire Zones 2 and 3 are designated as Local Responsibility Area.

WILDLAND-URBAN INTERFACE (WUI). A geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Fire Zones 2 and 3 are designated as Wildland-Urban Interface (WUI) Fire Area.

705A--ROOFING

705A.1 General. Roofs shall comply with the requirements of Chapter 7A and Chapter 15. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer’s installation instructions. Roof assemblies in the Fire Hazard Severity Zones shall be Class A rating when tested in accordance with ASTM E108 or UL790.

Wooden shakes and shingles are prohibited roof coverings regardless of the assembly rating of the roof system.

Exception: Replacement of less than 50% of the roof area within a 5-year period.

705A.5 Spark Arrestors. All chimneys of fireplaces, stoves, barbecues or heating appliances using solid fuel shall be provided with an approved spark arrestor whenever modification has been made to any of these appliances, or whenever a structure is re-roofed. The net free area of the spark arrestor shall be not less than four times the net free area of the outlet of the chimney. The spark arrestor shall have heat and corrosion resistance equivalent to twelve-gauge wire, nineteen-gauge galvanized wire, or twenty-four-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than one-half inch and shall not block the passage of spheres having a diameter of less than three-eighths inch. The arrestor shall be securely attached to the chimney or stovepipe and shall be adequately supported. The use of bands, mollies, masonry anchors or mortar ties are recommended depending upon the individual need.

707A--EXTERIOR COVERING

707A.3.2 Replacement of Exterior Wall Covering. Materials for replacement of existing exterior wall covering shall meet or exceed the standards set forth in this Chapter.

Exception: Where less than 50% of any wall surface is being replaced or repaired, and the matching of the new plane to the existing plane on that wall is not possible.

711A--UNDERGROUND UTILITY CONNECTIONS

711A.1 Underground utility connections. For new construction, provisions shall be made for the undergrounding of all utilities serving the property, including but not limited to electrical, telephone and cable television, by the installation of appropriately sized underground conduits extending from the street property.

712A--ADDITIONAL REQUIREMENTS IN FIRE ZONE THREE

712A.1 General. In addition to meeting the other requirements of this Chapter, buildings or structures hereinafter erected, constructed, moved, altered, added, or repaired within Fire Zone Three shall comply with the following requirements for buildings and structures.

712A.2 Fire warning system. All residential units shall be equipped with a Fire Warning System as specified by the residential smoke detector requirements of the current edition of the California Building Code and with an audible exterior alarm. The exterior alarm must meet the requirements of NFPA 72 or equivalent and generate 45 decibels ten feet from the alarm, or more.

712A.3 Automatic fire sprinklers systems. Automatic fire sprinkler system requirements shall be as set forth in Berkeley Fire Code Section 903.2.24.

712A.4 Utilities. Utilities, pipes, furnaces, water heaters or other mechanical devices located in an exposed underfloor area of a building or structure shall be enclosed with material as required for exterior one hour fire resistive construction. Adequate covered access openings for servicing and ventilation of such facilities shall be provided as required by appropriate codes.

712A.5 Control of brush or vegetation. Brush and vegetation shall be controlled as required in the Berkeley Fire Code.

712A.6 Special Conditions. The following additional conditions must be met:

1.    Public access roads and fire trails. No person(s) shall use any public access road or fire trail for the storage of any construction material, stationary construction equipment, construction office, portable refuse container, or earth from any grading or excavating.

2.    Water Service. The water service to the site shall be installed with a 3/4" hose bib connection prior to beginning any wood framing. The person responsible for the construction shall have at the site a 75 ft 3/4" hose available.

Exhibit A

Parcels in Addition to the Combined Hillside District 

The following additional parcels by Assessor’s Parcel Number and address are included in Fire Zone Two:

Parcel Number (APN)

Address

048-7680-001-02

3 Tanglewood Road

048-7680-002-01

5 Tanglewood Road

048-7680-031-00

7 Tanglewood Road

048-7680-019-00

11 Tanglewood Road

048-7680-014-00

19 Tanglewood Road

048-7680-032-01

25 Tanglewood Road

048-7680-027-00

29 Tanglewood Road

054-1702-067-00

10 Tanglewood Road

054-1702-068-00

18 Tanglewood Road

054-1702-069-00

22 Tanglewood Road

054-1702-070-00

28 Tanglewood Road

054-1702-063-00

2701 Belrose Avenue

054-1702-076-00

2715 Belrose Avenue

054-1702-075-00

2721 Belrose Avenue

054-1702-074-00

2729 Belrose Avenue

054-1702-073-00

2737 Belrose Avenue

054-1702-112-00

2801 Claremont Boulevard

054-1702-123-01

2811 Claremont Boulevard

054-1702-122-00

2815 Claremont Boulevard

054-1702-120-01

2821 Claremont Boulevard

054-1702-114-01

2816 Claremont Avenue

054-1702-115-00

2820 Claremont Avenue

054-1702-072-00

3005 Garber Street

054-1702-071-00

3015 Garber Street

054-1702-113-00

3020 Garber Street

054-1702-116-00

3017 Avalon Avenue

(Ord. 7839-NS § 1, 2022)