Fresno Municipal Code Art. 7 Alternative Building Standards for Joint Living and Work Quarters

Footnotes:

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Editor's note— Ord. 2007-102, § 1, effective January 20, 2008, amended the Code by adding new provisions to be numbered as Ch. 11, Art. 1, Div. 5. Due to the reorganization of the Code, the editor has codified the provisions as a new Ch. 11, Art. 7 at the direction of the City.

The purpose of this division is to provide alternative building standards for the conversion of existing buildings, or portions thereof, from commercial or industrial uses to Joint Living and Work Quarters. The alternative standards are designed to provide a reasonable level of safety to the building occupants, and are in conformance with the provisions of Section 17958.11 of the California Health and Safety Code.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Nothing in this division shall be construed to allow the reduction of the seismic or fire and life safety elements of an existing building, where such elements provide a greater level of protection than the minimum requirements established by this division. The alternative building standards of this division may be applied when the commercial or industrial uses in an existing building are converted (change of use or occupancy) to joint living and work quarter(s) provided:

(a) Designated Area. The building is located in the area surrounded by State Highway 99, State Highway, 180 and State Highway 41 in central Fresno.

(b) General Fire and Life Safety Requirements for All Existing Buildings. All existing buildings that are converted shall comply or be made to comply with all of the building area, height, number of stories, type of construction, occupancy, means of egress and other fire and life safety requirements of this code for a new building of the same use or occupancy, except as provided in this division.

(Added Ord. 2005-102, § 2, eff. 9-20-05; Am. Ord. 2007-102, § 1, eff. 1-20-08).

For the purpose of this division, certain terms are defined as follows:

(a) Guidelines for Seismic Retrofit of Existing Buildings means the July 2001 edition of the Guidelines for Seismic Retrofit of Existing Buildings, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601-2298.

(b) Joint Living and Work Quarters shall mean a residential occupancy of one or more rooms or floors used as a dwelling unit with adequate working space reserved for, and regularly used by, one or more persons residing therein pursuant to Health and Safety Code (H&S) Section 17958.11(a).

(c) Qualified Historical Building or Structure shall mean any building deemed a "qualified historical building or structure" pursuant to the State Historical Building Code, as it may be amended from time to time.

(d) State Historical Building Code shall mean Part 8, Title 24 of the California Code of Regulations and published as Part 8 of the Historical Building Code. The State Historical Building Code is duplicated in Division II, Chapter 34 of the California Building Code.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

A joint living and work quarter shall not be used for public sales purposes or for instructional classes when either is inconsistent with residential use. No hazardous activities such as, but not limited to, welding, open flame, or storage of flammable liquids shall occur in the Joint Living and Work Quarter.

EXCEPTION: In buildings three stories or less in height, activities such as welding, open flame, or minimal storage of flammable liquids may be allowed provided written approval is obtained from the Building Official.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

(Added Ord. 2007-102, § 1, eff. 1-20-08).

When applying this division, dwelling units or joint living and work quarters shall be classified as Group R, Division 1 occupancy and comply with all Group R, Division 1 occupancy requirements of the Code, except as provided in this division.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing ceiling height within a unit may be maintained, provided the ceiling height is not less than seven feet, except that the ceiling height above a mezzanine may be six feet six inches to any structural projections from the ceiling.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Every room below the fourth story where occupants sleep shall be provided with an emergency escape or rescue window or door, which complies with the requirements of C.B.C. Section 310.4.

EXCEPTION: The emergency escape or rescue window or door may open directly into an existing court, provided:

(1) The court is accessible to the Fire Department.

(2) The court is provided with a minimum of one direct exit to a corridor, exit stairway, exit passageway, exterior exit stairway, exterior exit balcony, or exterior exit ramp, or existing fire escape. The existing fire escape shall be structurally sound and shall not serve as an exit for an assembly use.

(3) All openings in walls surrounding the court shall be protected as required by C.B.C. Section 503.3 or be provided with a water curtain designed in accordance with NFPA #13.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing construction of the exterior walls may be maintained without complying with current exterior fire resistive wall construction. Existing unprotected exterior openings, which are not allowed or are required to be protected due to their proximity to a property line, may be maintained without complying with the requirements of C.B.C. Section 503.2, provided the openings are protected with a water curtain designed in accordance with NFPA #13. Openings in the exterior walls that are not allowed by C.B.C. Section 503.2, due to their proximity to a property line, may not be used to satisfy other code requirements, such as, light and ventilation, smoke control or emergency escape.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing high-rise buildings shall provide a smoke control system in all portions of the building including basements. The smoke control system shall meet the requirements of C.B.C. Section 905 or all the requirements of this division.

EXCEPTION: The following areas are exempt:

(1) New or existing rooms less than 50 square feet in area.

(2) New or existing rooms located at or above grade level provided the room has a direct exit to the exterior of the building.

(3) Floor levels with open able windows or breakable tempered glass panels in the exterior walls. The area of the open able windows or panels shall not be less than 20 square feet per 50 linear foot interval around the building perimeter. Tempered glass panels shall have no coating or film applied which will modify its' breaking characteristics. Panels shall be identified in a manner approved by the Fire Department.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Smoke-control system shall provide at least six air changes per hour for all areas within the building including basements, provide exhaust to the exterior of the building, and provide an adequate makeup air supply that is uniformly distributed.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

If a smoke-control system serves more than one floor, then smoke dampers shall (i) be installed in the main exhaust air ducts and the main supply air ducts serving each floor and (ii) comply with the activation requirements of C.B.C. Section 713.10.2. The smoke dampers shall be installed in a manner that will prevent the movement of smoke from one floor to another floor when the dampers are closed. The vertical risers of the main exhaust air duct shall be installed in metal ducts complying with the requirements for product-conveying ducts in Chapter 5 and 6 of the Mechanical Code.

In the firefighter's control panel, all smoke dampers within the same smoke-control zone shall be actuated by one On-Auto-Off switch in accordance with C.B.C. Section 905.13.2, except that an alternate actuation method may be allowed when approved by both the Fire Department and the Department.

Combination fire and smoke dampers, and smoke dampers shall be listed to conform to UL 555 and they shall be accessible for inspection, service and repair. Pneumatic tubing to operate these dampers shall be of noncombustible materials.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

The firefighter's control panel shall comply with all the requirements of C.B.C. Section 905.13, except that graphically depicted representation of the building may be omitted when accepted by the Fire Department. The firefighter's control panel shall monitor and be capable of overriding the Mechanical Test Panel. The Mechanical Test Panel is a separate control panel which provides controls and displays the status of the ventilation fans, dampers, and other smoke control devices as required by C.B.C. Section 905 and shall be located in the same room as the Firefighter's Control Panel.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Upon completion and before final approval of the installation of a smoke control system required by this code, a smoke control performance test, complying with the testing procedures of C.B.C. Section 905.15, shall be used to verify the rate of air-flow and proper operation as specified in this division. Tests shall be conducted in the presence of both the Fire Department and the Building Department. Prior to conducting the required smoke control performance test, a preliminary performance report shall be submitted to the Department by a person, holding a Certificate of Qualification as required by C.B.C. Section 905.15, verifying that the performance criteria of the Department have been met.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing air conditioning and ventilation systems may be used as part of the smoke-control system. Existing return air plenum and approved fiberglass air ducts may be used as part of the smoke-control system. A smoke exhaust system shall be designed in a manner that will prevent smoke from going from one room to another, except when two or more rooms are connected together by means of a permanent unobstructed opening at least 20 square feet with a minimum three feet dimension, then the rooms shall be considered as one room for the purpose of designing the smoke-control system.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Fire sprinkler system and standpipe system shall be provided as required for a new building of the same height, type of construction and occupancy. The fire sprinkler system, if required, shall be installed in accordance with NFPA #13.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

If a fire alarm system is required by C.B.C. Section 310.10 or 403.5 for a new building of the same type of construction and occupancy, or installed at the option of the owner, then the entire building shall have fire alarm systems that are in full compliance with C.B.C. Section 310.10. In a high-rise building, the fire alarm systems shall be supplied by a generator used as an emergency system in accordance with C.B.C. Section 403.8.3. For all other buildings, an alternate source of power may be used provided it is approved by both the Fire Department and the Building Department. High-rise buildings shall be provided with a central control station (fire control room) that complies with all the requirements of C.B.C. Section 403.6.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

In high-rise buildings, diesel or/and electric fire pumps shall be provided as required for a new building. Fire pump and generator (combustion engines and gas turbines) rooms shall be separated with a minimum one-hour occupancy separation from adjoining rooms and from each other. Combustion air and room ventilation air shall be required by the Building and Mechanical Codes, except that the room ventilation exhaust may be considered as environmental air.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

The portion of the building converted to a joint living and work quarter shall be provided with means of egress as required for a new building, except that the alternative requirements of Sections 11-100.514.1 through 11-100.515.5 may be used. An existing fire escape which is in good operating condition may be used as a second means of egress.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

All public corridors and public hallways serving the occupants shall comply with all the requirements of C.B.C. Section 1007.6, except as follows:

(a) Existing nonconforming fire-resistive walls and ceiling of a corridor constructed of wood lath and plaster which are in good condition may be acceptable as equivalent to the required one-hour fire-resistive construction.

(b) Existing doors between the corridor and the living unit that are part of the historic fabric of a qualified historical building may be allowed to remain provided approved smoke gaskets and self-closing and latching devices to prevent smoke penetration are installed on the door, or the existing door shall be replaced with a door conforming to the requirements of C.B.C. Section 1004.3.4.3.2.1.

(c) Glazing elements that are part of the historic fabric of a qualified historical building and located in corridors may be allowed to remain provided the fixed transoms, glass doors and other glazed openings are provided with smoke gaskets, and one layer of 518-inch type "X" drywall on the room side or other acceptable fire rated protection.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

An existing dead-end corridor which exceeds 20 feet in length and serves the occupants of a living quarter may remain, provided the dead-end corridor complies with all of the following:

(a) The dead-end corridor shall be constructed as described above for the full length of the dead-end corridor.

(b) The dead-end corridor shall not exceed 40 feet in length.

(c) A door with a magnetic hold-open device shall be placed across the corridor to create a vestibule located furthest from the open end of the dead-end corridor. The placement of the door shall be located not more than 20 feet from the open end of the dead-end corridor and the occupant load of the vestibule shall be less than 10 occupants.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Means of egress illumination, exit signs, floor-level exit signs and exit path markings serving a Dwelling unit shall comply with C.B.C. Sections 1003.2.8, 1003.2.9 and 1007.6.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

All exit stairways shall be enclosed and shall comply with all the requirements of C.B.C. Section 1005.3.3. Existing exit stairway enclosures may be allowed to pass through the first-floor elevator lobby, provided an approved fire-rated smoke-sealed door is placed in front of the elevator door on the first floor or there is another exit stairway enclosure leading directly to the public way. A photoluminescent stairwell marking system shall be provided as a condition of the adaptive re-use building permit for buildings with more than 2 stories. Installation shall be in accordance with Fire Department installation guidelines.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

If pressurization of exit stairway enclosure is required, then a mechanical ventilation system shall be provided. The mechanical ventilation system shall provide a uniform air velocity of not less than 50 feet per minute while maintaining a positive pressure (not exceeding 25 pounds force on an interior door) relative to the adjacent areas and discharging this air to the outside of the building. The mechanical ventilation system shall be activated simultaneously with the fire sprinkler system or the smoke detector system. The mechanical ventilation system shall be supplied with primary and secondary sources of power. The primary power shall be provided by the power system supplied by the public utilities. The secondary power shall be from an approved standby source complying with the Electrical Code.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

The conversion of an existing building or portion thereof to a joint living and work quarter(s) shall be considered residential occupancy for the purpose of applying accessibility (disabled access) requirements.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Habitable rooms shall be provided with natural ventilation by means of operable exterior openings with an area of not less than one thirtieth of the floor area of the room. In lieu of required operable exterior openings, a mechanical ventilation system may be provided.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Windows or skylights with a total area not less than one fifteenth of the floor area of the room may be used to satisfy the natural light requirements. Kitchens may be provided with artificial light.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Public corridors or hallways shall be provided with an adequate ventilation system when all the habitable rooms in dwelling units on the floor do not have operable exterior openings that comply with the requirements of C.B.C. Section 1203.3. Adequate ventilation system for the public corridors or hallways shall mean either operable exterior window or permanent exterior opening having a minimum area of five square feet, or a mechanical ventilation system which complies with the requirements of C.B.C. Section 1203.3.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

A window may open into an existing court for light and ventilation, provided, the court is has adequate access at the bottom of the court for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom of the court from the court to the exterior of the building, unless the court opens to a yard or public way. The horizontal air intake shall not be less than 10 square feet in cross-sectional area and shall lead to the exterior of the building. The construction of the horizontal air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive construction. A mechanical ventilation system complying with the Mechanical Code may vent the court in lieu of the horizontal air intake.

EXCEPTION: when approved by the building official, an existing court may be deemed adequate for the purpose of providing light and ventilation based upon the area and height of the court.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing construction may remain without complying with the sound transmission insulation requirements for any newly created dwelling unit or joint living and work unit. All new construction shall comply with sound transmission requirements of C.B.C. Section 1208A.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

All new HVAC and new lighting systems shall comply with the current energy conservation requirements contained in Part 6 of Title 24 of the California Code of Regulations (California Energy Code). An existing building with a dwelling unit or joint living and work quarter need not comply with the building envelope requirements of the California Energy Code, if the building envelope is not altered in anyway due to compliance with other code requirements.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

The conversion of any portion of an existing building to joint living and work quarter shall be considered a "substantial alteration." All existing buildings shall be analyzed for 75 percent of the design basis ground motion, as defined in C.B.C. Section 1627 and as specified in C.B.C. Section 1629.1, but in no event shall there be a reduction in the capacity of the seismic force resisting system where such system provides a greater level of protection than the minimum requirements established by this division. Performance-based engineering analysis and design procedures may be used to evaluate the existing structure and the design of strengthening elements when approved by the building official. All new structural elements shall meet current detailing requirements of C.B.C. Section 1633.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

All electrical systems and installations for joint living and work quarter and other alterations in adjoining areas shall be designed in accordance with the Electrical Code. Wiring shall be as required for a residential occupancy.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

All mechanical systems shall comply with the requirements of the Mechanical Code. The ventilation system for the corridor shall be designed independently of the ventilation system for the joint living and work quarter or any other adjoining rooms. When a corridor is divided by the placement of self-closing door(s), the ventilation system shall be designed for each portion of the corridor, except when the doors have magnetic hold-open devices, the adjoining corridors may be considered as one space for the purpose of designing the ventilation system. An existing heating and/or cooling system may be used in lieu of the ventilation system for the corridor, provided the heating and/or cooling system is independent from the heating and/or cooling system for the dwelling or joint living and work quarter or from any other adjoining rooms.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Existing elevators need to comply with the State Elevator Safety Order of Sub-chapter 6, of Chapter 4, Division 1 of Title 8 of the California Code of Regulations. Existing freight elevators shall not be used as passenger elevators.

(Added Ord. 2007-102, § 1, eff. 1-20-08).

Qualified Historical Buildings may use the State Historical Building Code.

(Added Ord. 2007-102, § 1, eff. 1-20-08).