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DATE: October 21, 2013
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TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. derson, Fire Chief and Car Is. Fergus, Fire Marshal
A
SUBJECT: Intro uction (First Reading) of an Orig ance Repealing and Replacing Sections
17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal to
Adopt the 2013 California Fire Code, California Building Standards Code, Title
24, Part 9, , Based on the 2012 Edition of the International Fire Code
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance Repealing and Replacing
Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal Code to
Adopt the 2013 California Fire Code, California Building Standards Code, Title 24, Part 9,
Based on the 2012 Edition of the International Fire Code.
BACKGROUND
The Petaluma Fire Department last adopted the 2010 California Fire Code, based on the 2009
International Fire Code, on December 6, 2010. The 2013 California Building Standards Code,
California Code of Regulations (CCR), Title 24, was published in July, 2013 and becomes
effective automatically to all jurisdictions within California on January 1, 2014. The California
Fire Code is Part 9 of these regulations. The Fire Code establishes regulations for abating fire
hazards for all buildings and their uses. Prior to the effective date of January 1, 2014, local
jurisdictions have an opportunity to prepare amendments and additions to the codes to reflect
local conditions. The Fire Department has prepared the attached Ordinance that includes local
amendments and additions to the referenced sections of the California Building Standards Code
based on the findings of local climatic, geological and topographic conditions. The attached
Ordinance repeals and replaces the entire Fire Code chapter in the Municipal Code, Chapter
17.020, with a new Fire Code chapter, including a new numbering system, and new local
amendments.
DISCUSSION
The Petaluma Fire Department, as part of the Sonoma County Fire Prevention Officers, formed a
Countywide Code Adoption Committee ("the Committee"). The Committee was formed in 2013
and began reviewing the proposed International Fire Code, the California amendments and
Agenda Review:
City Attorne
�L/1 Finance Director City Manager������
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existing local City and County amendments. The intention of the Committee was to develop
standard countywide code adoption language. The proposed countywide amendments were
presented to stake holders throughout the county. Several meetings were hosted which were
open to the public and included contractors, developers, code officials, engineers, and architects.
The Committee developed a basic model of local code amendment language for Cites and Fire
Agencies to use as a standard for amendments throughout the County of Sonoma. The Petaluma
Fire Department used the county model language to develop its proposed 2013 California Fire
Code. Local changes and additions to the 2013 California Fire Code include, but are not limited
to:
1. Clarification of fire sprinkler requirements, which continue to be required in all new
buildings, with exceptions;
2. Clarification that additions to buildings increasing their square footage by 50% or
more must meet the requirements of new construction;
3. Clarification that remodels, alterations and/or repairs to buildings of 50% or more
must meet sprinkler requirements for new construction;
4. Reiteration that a change in occupancy classification that increases the life safety
hazard in that occupancy requires meeting the fire sprinkler requirements for new
construction;
5. Clarification of defensible space requirements from neighboring buildings or
structures;
6. Addition of a requirement for annual service tags/stickers on Fire Alarm panels;
7. Addition of a new requirements limiting the number of permitted fireworks booths,
adding a fireworks sale day and providing for a system to eliminate booths through
the abandonment of booth permits.
Sections of the 2013 California Fire Code that are left relatively unchanged from the previous
update (in 2010) refer to The Downtown sprinkler retrofit ordinance requirements.
As mentioned, these revisions are based on collaborative efforts between all fire agencies within
Sonoma County (County of Sonoma and the cities of Santa Rosa, Healdsburg, Sebastopol,
Rohnert Park, Windsor and Sonoma) in order to have similar language in the code, thus creating
uniformity in all fire codes throughout the county. In general, the submitted amendments do not
represent significant change from the existing code.
The California Building Standards Code, as updated and published, is generic to meet the needs
of all California. It becomes effective automatically within one hundred eighty (180) days after
publication. However, the State legislature recognized that local conditions differ throughout the
state, necessitating local amendments to the Building Standards Code to reflect these local
conditions. As such, local governments may amend the California Building Standards Code,
which includes the 2013 California Fire Code. Exhibit A of the Ordinance outlines the local
conditions that justify the amendments.
A
Because of the Building Standards Commission's intent to adopt new International Codes, it is
necessary to repeal completely the existing local fire code ordinance (Chapter 17.20 of the
Petaluma Municipal Code) in part so it aligns with the new numbering sequences of the
International Codes.
Adoption of the current California Building Standards Code, with the proposed amendments to
reflect local conditions, and implementation of same, will allow the City to address local
conditions that are unique to the City of Petaluma and assure the introduction of the latest
measures in life safety for new and remodeled construction in the community. Doing so will
further promote consistency by making the building and fire safety standards applicable to all
construction projects within the City. The Ordinance will take effect thirty days after its
adoption, but the new codes will become operative on January 1, 2014, the same day the
California Building Standards Code becomes operative throughout the state. This synchronizes
the applicability of the new Petaluma local code amendments and the new California Building
Standards Code to Petaluma projects. All plans submitted before January 1, 2014 will be
reviewed under the old code standards. Plans submitted on or after January 1, 2014 will be
reviewed under the new code standards.
FINANCIAL IMPACTS
There are no direct fiscal impacts to the City resulting from the adoption of this Ordinance.
ATTACHMENTS
1. Proposed Ordinance (with Exhibit A).
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ATTACHMENT 1
I ORDINANCE NO. N.C.S.
2
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4 Introduced by Seconded by
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11 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
12 REPEALING AND REPLACING SECTIONS 17.20.010, 17.20.040, 17.20.050
13 AND 17.20.060 OF THE PETALUMA MUNICIPAL CODE TO ADOPT THE
14 2013 CALIFORNIA FIRE CODE, CALIFORNIA BUILDING STANDARDS
15 CODE, TITLE 24, PART 9, BASED ON THE 2012 EDITION OF THE
16 INTERNATIONAL FIRE CODE, INCLUDING LOCAL AMENDMENTS
17 TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING
18 STANDARDS CODE
19
20
21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
22 FOLLOWS:
23
24 SECTION 1: Sections 17.20.010, 17.20.040, 17.20.050 and 17.20.060 of the
25 Petaluma Municipal Code are hereby repealed in their entirety.
26
27 SECTION 2: Pursuant to California Health and Safety Code section 17958.7, the
28 City Council makes the factual findings set forth in "Exhibit A" attached hereto and
29 incorporated herein by reference, and finds that the amendments made in this Ordinance to
30 the California Building Standards Code, Title 24, Part 9, 2013 California Fire Code, based
31 on the 2012 Edition of the International Fire Code, are reasonably necessary because of the
32 local climatic, geological or topographical conditions set forth in said Exhibit.
33
34 SECTION 3: Section 17.20.010 of the Petaluma Municipal Code is hereby added
35 to read as follows:
36
37 17.20.010 - ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE,
38 TITLE 24, PART 9, 2013 CALIFORNIA FIRE CODE, INCORPORATING
39 THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE
40
41 There is hereby adopted by the City of Petaluma for the purpose of prescribing
42 regulations governing conditions hazardous to life and property from lire,
4
1 hazardous materials or explosion, that certain Code and Standards known as the
2 California Code of Regulations Title 24, Part 9, 2013 California Fire Code(CFC),
3 incorporating the 2012 Edition of the International Fire Code, including
4 Appencies, Chapter 4, A, B, C, D, E, F, G, H, I, and J published by the
5 International Code Council and the California Building Standards Commission,
6 being particularly the 2013 Edition California Fire Code (CFC) and the whole
7 thereof, save and except such portions as are hereinafter deleted, added or
8 amended by this chapter. Not less than one copy of said code has been and is now
9 filed in the Office of the Clerk of the City and the same is adopted and
10 incorporated as fully as if set out at length herein and the provisions thereof shall
11 be controlling within the limits of the City.
12
13 SECTION 4: Section 17.20.040 of the Petaluma Municipal Code is hereby added
14 to read as follows:
15
16 17.20.040 - Establishment of Fire Hazard Severity Zone(s) (FHSZs)
17 (a) Limits related to Chapter 49 of the California Fire Code Requirements for
18 Wildland-Urban Interface Fire Areas as amended and adopted by City of Petaluma.
19 Chapter 49 shall apply to all real property with newly constructed buildings within
20 the City of Petaluma located within the (FHSZ) as designated by the Chief and the
21 Fire Resources Assessment Program (FRAP) map published by Cal Fire and as
22 amended by the Chief. A map of such areas is maintained in the office of the.Fire
23 Prevention Bureau.
24
25 SECTION 5: Section 17.20.050 of the Petaluma Municipal Code, entitled
26 "Amendments Made in the California Fire Code", is hereby added to include the following
27 additions, amendments and deletions to the 2013 California Fire Code:
28
29 CHAPTER 1 -- SCOPE AND ADMINISTRATION
30
31 Section 101.1 is amended to read as follows:
32
33 101.1 - Title. This chapter shall be known as the "2013 California Fire Code",
34 including the appendices and may be cited and referred to as such.
35
36 Section 102.3 is amended to read as follows:
37
38 102.3 - Change of Use or Occupancy. No change shall be made in the use or
39 occupancy of any structure that would place the structure in a different division of
40 the same group or occupancy or in a different group of occupancies, unless such
41 structure is made to comply with the requirements of this code, the California
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1 Building Code as adopted by the City of Petaluma City Council (City Council), and
2 the International Building Code. Subject to the approval of the Fire Code Official,
3 the use or occupancy of an existing structure shall be allowed to be changed and the
4 structure is allowed to be occupied for purposes in other groups without conforming
5 to all the requirements of this code, the California Building Code as adopted by the
6 City Council, and the International Building Code for those groups, provided the
7 new or proposed use is less hazardous, based on life and fire risk, than the existing
8 use.
9
10 Section 102.7.3 is added to read as follows:
11
12 102.7.3 - Supplemental Rules, Regulations and Standards. The Fire Code
13 Official is authorized to render interpretations of this code and to make and enforce
14 rules and supplemental regulations and to develop Fire Prevention Standards to
15 carry out the application and intent of its provisions.
16
17 Section 103.1.1 is added to read as follows:
18
19 103.1.1 - General. Where this code refers to the Department of Fire Prevention,
20 the Fire Prevention Bureau will be inserted. Where this code refers to the Fire
21 Marshal, the Fire Code Official will be inserted.
22
23 Section 104.3 is amended to read as follows:
24
25 104.3 - Right of Entry.
26
27 (a) The Fire Chief, or his authorized representative in the performance of duties
28 herein prescribed, shall have the right to enter upon and into any and all premises
29 under his jurisdiction, at all reasonable hours for the purpose of inspecting the same
30 to determine whether or not the provisions of this code and all applicable laws or
31 Ordinances pertaining to the protection of persons and property from fire, explosion
32 or exposure to hazardous materials are observed therein. Provided, however, that
33 an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of Civil
34 Procedure be first secured where entry is refused, except in an emergency situation.
35 No owner, occupant or any other person having charge, care or control of any
36 building or premises shall fail or neglect, after proper request is made as herein
37 provided to promptly permit entry therein by the Chief or his authorized
38 representative for the purpose of inspection and examination pursuant to this code.
39
40 (b) The Fire Chief, and his duly authorized representative, shall have the
41 authority to enter any building, or premises for the purpose of extinguishing or
42 controlling any fire, performing rescue operation, investigating the existence of
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1 suspected or reported fires, gas leaks or other hazardous conditions or taking any
2 other action necessary in the reasonable performance of their duty.
3
4 Section 104.7.2 is amended to read as follows:
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6 104.7.2 - Technical Assistance. To determine the acceptability of technologies,
7 processes, products, facilities, materials and uses attending the design, operation or
8 use of a building or premises subject to inspection by the Fire Code Official, the
9 Fire Code Official is authorized to require the owner or agent to provide, without
10 charge to the jurisdiction, a scope of work, technical opinion, and all the reports
11 necessary to verify compliance with the applicable codes and standards. The
12 opinion and report shall be prepared by a qualified engineer, specialist, and
13 laboratory or fire safety specialty organization acceptable to the Fire Code Official
14 and shall analyze the fire safety properties of the design, operation or use of the
15 building or premises and the facilities and appurtenances situated thereon, to
16 recommend necessary changes. The Fire Code Official is authorized to require
17 design submittals to be prepared by, and bear the stamp of, a registered design
18 professional.
19
20 Section 104.11.4 is added to read as follows:
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22 104.11.4 - Charges. The expense of securing any emergency that is within the
23 responsibility for enforcement of the Fire Chief as given in Section 104.11 is a
24 charge against the person who caused the emergency. Damages and expenses
25 incurred by any public agency having jurisdiction or any public agency assisting the
26 agency having jurisdiction shall constitute a debt of such person to the City and
27 shall be collectable by the Fire Chief for proper distribution in the same manner as
28 in the case of an obligation under an expressed or implied contract. Expenses as
29 stated above shall include, but not be limited to, equipment and personnel
30 committed and any payments required by the public agency to outside business
31 firms requested by the public agency to secure the emergency, monitor remediation
32 and clean up the site.
33
34 Section 105.1.4 is added to read as follows:
35
36 105.1.4 - New Materials and Permits. The Fire Chief and the Fire Code Official
37 may act as a committee to determine and specify any new regulated materials, and
38 shall establish processes or occupancies requiring permits in addition to those
39 enumerated in this code. The Fire Chief or designee shall post such list in a
40 conspicuous place in the office, and distribute copies thereof to interested persons.
41 Permits under this section shall be administered in accordance with Section 105.
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1 Section 105.6.8 (Table 105.6.8) is amended to read as follows:
2
3 Table: 105.6.8
4 Permit Amounts for Compressed Gases
Type of Gas Amount
(cubic feet at NTP)
Corrosive 200
Flammable (except liquefied petroleum gas) 200
Highly toxic Any Amount
Inert and simple asphyxiate 2,000
Oxidizing (including Oxygen) 200
Pyrophoric Any Amount
Toxic Any Amount
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6 Section 105.6.2.1 is added to read:
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8 105.6.2.1 — Apartment, Hotel, or Motel. An operational permit is required to
9 operate an apartment house, hotel, or motel.
10
11 Section 105.6.11.1 is added to read as follows:
12
13 105.6.11.1 - Day Care. An operational permit is required to operate a day care
14 facility with an occupant load of six (6) or more children.
15
16 Section 105.7.6.1 is added to read as follows:
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18 105.7.6.1 - Fixed Extinguishing System. A construction permit is required for
19 the installation of or modification to fixed extinguishing systems including but not
20 limited to protection of cooking equipment, protection of computers or other high
21 value items or systems other than fire sprinklers.
22
23 Section 105.6.29.1 is added to read as follows:
24
25 105.6.29.1 - Model Rockets Rental, Sale or Operation. An operational permit is
26 required to operate, manufacture, import, export, possess, store, rent or sell model
27 rockets as defined Health and Safety Code Section 12519.
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1 Section 105.6.39.1 is added to read as follows:
2
3 105.6.39.1 - Residential and Commercial Institutional Care Occupancy. An
4 operational permit is required to operate residential or commercial institutional care
5 occupancy. Occupancies complying with Health and Safety Code Section 13235
6 are exempt.
7
8 Section 105.6.39.2 is added to read as follows:
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10 105.6.39.2 - Retail Sales of Fireworks. An operational permit to engage in the
I I sales or distribution of state-approved fireworks is required.
12
13 Section 105.7.11.1 is added to read as follows:
14
15 105.7.11.1 - Medical Gas Systems. A construction permit is required to install a
16 medical gas system.
17
18 Section 105.7.12 is amended to read as follows:
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20 105.7.12 - Private Fire Hydrants and Underground Fire Main Installations.
21 A construction permit is required for the installation of any private fire hydrants
22 and/or underground fire mains to supply fire hydrant(s) and/or fire sprinklers.
23
24 Section 108.1 is amended to read as follows:
25
26 Section 108.1 - Appeals
27 (a) Appeals. Whenever the Fire Chief disapproves an application or refuses
28 to grant a permit applied for, Or when it is claimed that the provisions of the code
29 do not apply or that the true intent and meaning of the code have been
30 misconstrued or wrongly interpreted, the applicant may appeal from the decision
31 of the Fire Chief to the board of appeals, which is designated to be the,board,of
32 building review as heretofore established and appointed according to Chapter
33 17.08 of the Petaluma Municipal Code, within thirty (30) days from the date of
34 the decision appealed. The Fire Chief shall act as secretary of the board when it is
35 hearing appeals concerned with the Fire Code.
36 (b) Fireworks Booth Sales Permits. Notwithstanding Section (a), the
37 following appeals procedure shall apply exclusively to permits for Fireworks
38 Booths Sales under this Code. Any person aggrieved by a decision of the Fire
39 Chief, or his/her designee, to disapprove an application, refuse to grant a permit,
40 place conditions on a permit, or revoke a fireworks booth sales permit shall have a
41 right of appeal of the decision to the City Manager, or his/her designee. Such
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1 appeal shall be taken by filing a written notice of appeal with the City Clerk
2 within ten (10) days of the date of the decision. The appeal shall set forth the
3 grounds for the appeal and the name and address of the person requesting the
4 appeal. A failure to file a timely and complete appeal shall render the decision
5 final and conclusive. The City Manager shall, within.ten.(10) days of the,filingtof
6 the appeal, set a time and place for a hearing on the appeal. The appeal shall be
7 set no less than five (5) days after the filing of the appeal and no more than sixty
8 (60) days after the filing of the appeal. The City Manager's determination
9 following the hearing shall be in writing and shall contain a statement of the facts
10 upon which the determination is based. The City Manager's determination shall
11 be sent first-class U.S. mail, postage prepaid to the person requesting the appeal,
12 not later than ten (10) days following the date of such determination. The
13 determination of the City Manager shall be final and conclusive. (Ord..21,75 NCS
14 §3, 2004: Ord. 1997 NCS §1 (part), 1995.)
15
16 Section 108.3 is deleted in its entirety.
17
18 Section 109.4 is amended as follows:
19
20 109.4 - Violation Penalties
21
22 (a) Any violation of the provisions of this section shall be a misdemeanor.
23 Notwithstanding the preceding sentence, a violation of the provisions of this
24 section may be charged and prosecuted as an infraction at the discretion of the
25 City Attorney's office or other enforcing authority.
26
27 (b) A person is guilty of a separate offense for each day`during which he/she
28 commits, or continues or permits a violation of this chapter, or each time he/she
29 disobeys a valid order of an enforcement officer.
30
31 (c) Because of the serious threat of fire or injury posed by the use of
32 "Dangerous Fireworks" that can result from persistent or repeated failures to
33 comply with the provisions of this code and the effect of such conditions or
34 activities on the safety and the use and enjoyment of surrounding properties and
35 to the public health, safety and welfare, this Article imposes liability upon the
36 owners of residential real property for all violations of this code existing on their
37 residential real property. Each contiguous use, display and/or possession shall
38 constitute a separate violation and shall be subject to a separate administrative
39 fine.
40
41 (d) Nothing in this section shall prohibit a court from imposing restitution
42 upon any person convicted of a violation of the provisions of this section.
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1 (e) In addition to any other remedies available to the City under any
2 applicable state or federal statute or pursuant.to any other lawful power the City
3 may possess, any violation of this chapter may be prosecuted or enforced as a
4 nuisance and enforced by a civil court actioiv is•provided in:Chapter 1.13 of the
5 Petaluma Municipal Code or via administrative enforcement as a nuisance as
6 provided in Chapter 1.14 of the Petaluma Municipal Code as Chapters 1.13 and
7 1.14 may be amended from time to time.
8
9 (f) Administrative Citation pursuant to Petaluma Municipal Code Chapter
10 1.16. In addition to any other remedies available to the City under any applicable
11 state or federal statute or pursuant to any other lawful power the City may
12 possess, any violation of this Chapter may be enforced by administrative citation
13 pursuant to Chapter 1.16 of the Petaluma Municipal Code as Chapter 1.16 may be
14 amended from time to time.
15
16 (g) Administrative Citation pursuant to Health& Safety Code Section 12557.
17 In addition to any other remedies available to the City under any applicable state
18 or federal statute or pursuant to any other lawful power'the City may possess, any
19 violation of this Chapter may be enforced by administrative citation pursuant to
20 Health & Safety Code Section 12557 when a violation relates to the possession,
21 use, storage, sale and/or display of those fireworks classified as dangerous
22 fireworks as defined herein and/or the use of state-approved fireworks as defined
23 herein on or at dates, times and/or locations other than those permitted by this
24 Ordinance.
25
26 1. The imposition of fines related to dangerous fireworks under this
27 section 109.4(g) shall be limited to persons who possess, sell, use.and/or
28 display, or to the seizure of less than 25 pounds (gross weight) of such
29 dangerous fireworks.
30
31 2. Fines collected pursuant to this section 1094(g) shall not be
32 subject to Health & Safety Code section 12706, which provides that
33 certain fines collected by a court of the state be deposited:. with, and
34 disbursed by, the County Treasurer. However, the City shall provide cost
35 reimbursement to the State Fire Marshal pursuant to regulations as
36 adopted, or as may be adopted by the State Fire Marshal addressing,the
37 State Fire Marshal's cost for the transportation and disposal of dangerous
38 fireworks seized by the City, which ,costs will be part of any
39 administrative fine imposed. Unless and'until such regulations have been
40 adopted by the State of California, the City shall hold:in trust$250 or 25%
41 of any fine collected, whichever is greater; to cover the cost of
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reimbursement to the State Fire Marshal forrthe cost.oftransportation and
2 disposal of any dangerous fireworks seized by the City.
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4 3. Other than as expressly modified herein, enforcement of violations
5 by administrative citation pursuant to Health & Safety Code Section
6 12557 shall be subject to the provisions of Petaluma Municipal Code
7 Chapter 1.16.
8
9 Section 109.5 is added to read as follows:
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I 1 Section 109.5 - Authority to Issue Citations. The Fire Chief and members of
12 the Fire Prevention Bureau who have the discretionary duty to enforce a statute or
13 Ordinance may, pursuant to Section 836.5 of the California Penal Code and
14 subject to the provisions thereof; arrest a person without a warrant whenever the
15 Fire Chief or member of the Fire Prevention Bureau has reasonable cause to
16 believe that the person to be arrested has committed a violation in the presence of
17 the Fire Chief or member of the Fire Prevention Bureau which he or she has
18 discretionary duty to enforce, and to issue a notice to appear and to release such
19 person on his or her written promise to:appear in court, pursuant to the provisions
20 of Section 853.5 et seq. of the California Penal Code.
21
22 Section 111.1 is amended to read as follows:
23
24 111.1 - Order/Authority. Whenever the Fire Code Official finds any work
25 regulated by this code, the Petaluma Municipal Code or the Zoning Ordinance
26 being performed in a manner contrary to the provisions.of'this code; without a
27 permit, beyond the scope of the issued permit, in violation of this code, the
28 Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or
29 unsafe, the Fire Code Official is authorized to issue a stop work order.
30
31 Section 111.2 is amended to read as follows:
32
33 111.2 — Issuance. The stop work ordershall be in writing and shalfbe posted in a
34 visible location near the location where the work is being conducted. If the owner
35 or owner's agent is not on site at the time,of posting, a notice advising the reasons
36 for the stop work order issuance shall be hand delivered or mailed first-class to
37 the owner of the property involved, or to the owner's,agent, or to the person doing
38 the work. Upon issuance of a stop work order, the cited work shall immediately
39 cease. The stop work order shall state the reason for the order, the conditions
40 under which the cited work will be permitted to resume,.and the name and contact
41 information of the official or agency issuing the order.
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1 Section 111.3 is amended to read as follows:
2
3 111.3 - Emergencies/Unlawful Continuance. Where an emergency exists, the
4 Fire Code Official shall not be required to give written notice prior to stopping
5 work. Any person who continues to engage in any work after having been served
6 with a stop work order, except such work as that person is directed to perform to
7 remove a violation or unsafe condition, shall be guilty'of a misdemeanor.
8
9 Section 111.4 is amended to read as follows:
10
11 111.4 - Failure to Comply. Any person who shall continue any work after
12 having been served with a stop work order, except such work as that person is
13 directed to perform to remove a violation or unsafe condition, shall be subject to
14 the penalty provisions of the City of Petaluma Municipal Codes or state law:
15
16 Section 111.4.1 is added to read as follows:
17
18 111.4.1 - Removal of Posted Stop Work Order. Any person who removes a
19 posted stop work order without written consent of the Fire Code Official shall be
20 guilty of a misdemeanor.
21
22 Section 111.4.2 is added to read as follows:
23
24 111.4.2 - Response Required. Violators receiving a stop work order are required
25 to respond to the Fire Prevention Bureau within two (2) business days of the
26 issued notice to receive instructions on how to rescind the order.
27
28 Section 111.4.3 is added to read as follows:
29
30 111.4.3 - Permit Application Required. A fire permit application must be
31 submitted for approval within fifteen (15) working days following response to the
32 Fire Prevention Bureau. Plans will be reviewed and correction letters issued or
33 permit application approved within fifteen (15) working days of receipt by the
34 Fire Prevention Bureau. A response to any correction letter must be -submitted
35 within fifteen (15) working days of the date of the correctionjetter. Five working
36 days will be required to review this second submission and a permit approved for
37 issuance. Permits ready for issuance must be issued within five (5) working days
38 thereafter. All construction must be inspected as work progresses and signed off
39 by all (affected) departments within sixty (60) days of permit issuance.
40
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1 Section 111.4.4 is added to read as follows:
2
3 111.4.4-
4 111.4.4—Stop Work Order Penalty. The Fire.Code.Official may impose Stop Work Order
5 Penalties in accordance with Section 1.14.050 of this'code"and/or other applicable law.
6 CHAPTER 3–GENERAL PRECAUTIONS AGAINST FIRE
7
8 Section 304.1.2.1 is added to read as follows:
9
10 304.1.2.1 - Defensible Space-Neighboring Property. Persons:owning, leasing
11 or controlling property within areas requiring defensible, spaces are responsible
12 for maintaining a defensible space on the property,owned, leased or controlled by
13 said person, of not less than thirty feet (30') (9.1:44 m).around any building or
14 structure. Distances may be modified by the Fire Code Official because,of a site-
15 specific analysis based on local conditions.
16
17 Section 307.2.1.1 is added to read as follows:
18
19 307.2.1.1 – Use of Outdoor BBQs, Fireplaces and Fire.Pits. The use of outdoor
20 BBQs, fireplaces and fire pits shall meet the requirenients set forth-in the Petaluma
21 Fire Department's guidance document entitled Outdoor Fireplace/Fire Pit
22 Guidelines.
23
24 CHAPTER 5–FIRE SERVICE FEATURES
25
26 Section 501.1 is amended to read as follows:
27
28 501.1 - Scope. Fire service for buildings, structures andpremises shall comply
29 with this chapter. This section applies to residential and commercial
developments. Single family residential projects in approved rural areas shall
31 comply with the Fire Safety Standards. Design and construction shall be in
32 accordance with the following sections, unless otherwise authorized by the Fire
33 Code Official in accordance with Section 104.9 - Altematice Materials and
34 Methods.
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1 Section 502.1 is hereby amended to include the following definitions:
2
3 Fire Apparatus Access Road. A road that provides fire apparatus access from a
4 fire station to a facility, building or portion thereof., This i`s a genera] term
5 inclusive of all other terms such as fire lane, public street, private street, parking
6 lot lane and access roadway. Public streets may be defined by the standards of
7 the local agency having jurisdiction over the project.
8
9 Floor Area. The floor area used for calculating the required fire flow shall be the
10 total floor area of all floor levels within the exterior walls of a structure that are
11 under the horizontal projection of the roof, except as modified in Appendix
12 Section 8104 of the 2013 California Fire Code.
13
14 Section 503.2.6 is amended to read as follows:
15
16 503.2.6 - Bridges and Elevated Surfaces. Where a bridge or an elevated surface
17 is part of a fire apparatus access road, the bridge shall be constructed and
18 maintained in accordance with the American Association of State Highway and
19 Transportation Officials (AASHTO) Standard Specifications. Bridges and
20 elevated surfaces shall be designed for a live load sufficient to carry the imposed
21 loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
22 bridges when required by the Fire Code Official. Where elevated surfaces
23 designed for emergency vehicle use are adjacent to surfaces which are not
24 designed for such use, approved barriers, approved signs or both shall be installed
25 and maintained when required by the Fire Code Official.
26
27 Section 503.2.6.1 is added to read:
28
29 503.2.6.1 - Evaluation. All existing private bridges and elevated surfaces shall
30 be evaluated by a California licensed civil engineer experienced in structural
31 engineering or a California licensed structural engineer for the purposes of safety
32 and weight rating and the vehicle load limits shall be posted at both entrances to
33 bridges. Theses evaluations shall be performed at the direction of The Fire Code
34 Official.
35
36 Section 503.2.6.2 is added to read:
37
38 503.2.6.2 - Bridge Maintenance. All new and existing bridges and elevated
39 structures providing emergency access shall be routinely evaluated and
40 maintained in accordance with the American Association of State Highway and
41 Transportation Officials (AASFITO) Manual: "The Manual for Bridge
12
/s
1 Evaluation", First Edition, 2008, published by the American Association of State
2 Highway and Transportation Officials; or other approved standard.
3
4 Section 503.2.7.1 is added to read as follows:
5
6 503.2.7.1 - Grade Angles. The maximum allowable grade for driveways and
7 roadways used for fire apparatus access is twelve percent (12%). Special
8 allowances up to a maximum of eighteen percent (18%) may be granted with the
9 approval of the Fire Code Official and City Engineer.
10
11 Section 505.1 is amended to read as follows:
12
13 505.1 - Address Identification. New and existing buildings shall be provided
14 with approved illuminated address numbers or letters. They shall be installed on a
15 contrasting background and be plainly visible from the street or road fronting the
16 property. Address numbers shall be Arabic numerals or alphabetic letters. Where
17 access is by means of a private road and the building cannot-be viewed from the
18 public way, a monument, pole, or other approved sign or means shall be used to
19 identify the structure. Address identification shall comply with Fire Department
20 Standards.
21
22 Section 505.1.1 is added to read as follows:
23
24 505.1.1 - One and Two-Family Dwellings. Numbers for, one and two-family
25 dwellings shall be a minimum of four inches (4") (101.6mm) high with a
26 minimum stroke width of 0.5 inches (12.7 mm).
27
28 Section 505.1.2 is added to read as follows:
29
30 505.1.2 - Numbers for Other Than One and Two-Family Dwellings. _.
31 Numbers for other than one- and two-family dwellings shall be a minimum of
32 twelve inches (12") high with a minimum stroke width of one inch (1"). Suite and
33 unit directional numbers shall be a minimum of six inches (6") in height"with.a
34 minimum stroke width of 0.75 inches. Individual unit numbers shall be a
35 minimum of four inches (4") in height with a minimum of strike with of one-half
36 inch (1/2").
37
38
13
1 Section 505.1.3 is added to read as follows:
2
3 505.1.3 - Complex Directory. Where two (2) or more buildings are set back off
4 the street in excess of one hundred fifty feet (150') orrwhen required by the Fire
5 Code Official, an approved illuminated complex directory shall be provided at the
6 main entrances to the property.
7
8 Section 506.1 is amended to read as follows:
9
10 Section 506.1 - Key Boxes. When access to or within a structure or area is
11 determined to be unduly difficult by the Fire Code Official because of secured
12 openings (doors or gates) or due to the presence of hazardous materials or fire
13 protection systems, a key box shall be required to be installed at an accessible
14 location. The key box shall be an approved type and contaimthose keys necessary
15 to gain access.
16
17 Section 507.3.1 is added to read as follows:
18
19 507.3.1 - Adequate Water Supply. Minimum fire flow for buildings shall be
20 calculated as specified in California Fire Code Section B105 of Appendix B
21 "Fire-Flow Requirements for Buildings". If building fire flow calculations cannot
22 be made at the time of project submittal, the following fire flows shall apply.
23 When the building fire flow calculations are submitted, these flows shall be
24 adjusted in accordance with Appendix B:
25 • Single and Two Family Residential: 1,500 GPM
26 • Commercial, Industrial, Schools and Multi-Family Residential: 2,500
27 GPM
28 Fire flows for single-family dwellings may be reduced to the minimum flow as
29 permitted by Appendix B so long as the residual pressure shall be a minimum of
30 twenty pounds (20 lbs.) per square inch (psi) available for firefighting.
31
32 Section 507.5 is amended to read as follows:
33
34 507.5 - Fire Hydrant Systems. Fire hydrant systems shall comply with Sections
35 507.5.1 through 507.5.6 and Appendix C as amended.
36
37 Section 507.5.1 is amended to read as follows:
38
39 507.5.1 - Where Required. Where a portion of the facility or building hereafter
40 constructed or moved into or within the jurisdiction is more than 150 feet(45.179
14
1 m) from a hydrant on a fire apparatus access road, as measured by an approved
2 route around the exterior of the facility or building, on-site fire hydrants and
3 mains shall be provided where required by the Fire Code Official.
4
5 Section 507.5.1 the exception is deleted.
6
7 Section 507.5.1.2 is added to read as follows:
8
9 507.5.1.2 - Additional Requirements.
10 (a) Upon review of site conditions by the Fire. Department, fire hydrant
11 spacing requirements may be reduced or modified. Fire hydrants shall be placed
12 along all adjoining public and private streets and Fire Department access drives.
13 (b) Divided streets shall have hydrants located as required by the Fire Code
14 Official on both sides of the street and they shall be-staggered.to prevent.a hydrant
15 being placed directly across the divided street from another hydrant
16 (c) Types of Hydrants: Hydrants shall conform to the City of Petaluma Sewer
17 and Water Design and Construction Standards.
18
19 CHAPTER 7 — FIRE RESISTANCE-RATED CONSTRUCTION
20
21 Section 706 is added to read as follows:
22
23 706 - Repair of Breaches of Non-Rated Walls/Ceilings in. Fire Zone 1.
24 Breaches, openings, holes or other broken wall and ceiling,areas in buildings in
25 Fire Zone 1 (generally defined,as the Downtown Business.District) as defined in
26 Section 17.22 of the Petaluma Municipal Code shall be repaired, restored or
27 replaced when damaged, altered, breached, penetrated, removed or improperly
28 installed. Openings/breaches can be repaired with like,.rnaterial.such as lath and
29 plaster, sheetrock, plywood or other reasonable:barrier. The intent of this Section
30 is to close openings/breaches to limit the spread of fire and products of
31 combustion in the downtown business district buildings.
32
33 CHAPTER 9— FIRE PROTECTION SYSTEMS
34
35 901.7.6.1 is added to read as follows:
36
37 901.7.6.1 - Problematic and Unreliable Fire Alarms. The Fire Chief may
38 determine a fire alarm to be unreliable upon receipt of more than three (3) false
39 alarms within a twelve-month period. Upon making such a finding, the Fire Chief
40 may order the following:
15
r8
1 (a) For any nuisance alarm where the system is not restored, the Fire Chief
2 may require the system owner to provide standby personnel or take such other
3 measures as the Fire Chief deems appropriate. Such measures shall remain in
4 place until a fire department approved fire alarm maintenance firm certifies in
5 writing to the Fire Chief that the alarm system has been restored to a reliable
6 condition. The Fire Chief may require such tests as he deems necessary to
7 demonstrate the adequacy of the system.
8
9 (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma
10 fee schedule.
11
12 Section 903.2 is amended to read as follows:
13
14 903.2 - Where Required. Approved automatic sprinkler systems in new
15 buildings and structures shall be provided in locations described in this section.
16 Additional local requirements are described in Sections 903.2.1 through
17 903.2.19.1.2 and may supersede the following requirements. The most restrictive
18 requirement shall apply.
19
20 Section 903.2.20 is added to read as follows:
21
22 903.2.20 - Local Fire Sprinkler System Requirements.
23
24 Section 903.2.20.1 is added to read as follows:
25
26 903.2.20.1 - System Requirements. An approved automatic fire sprinkler system
27 shall be installed and maintained in all newly constructed buildings.
28 Exceptions:
29 1. Detached Group U occupancies one thousand square feet (1,000' sq.) or
30 less. Agricultural buildings and private riding arenas as approved by the Fire
31 or Building Code Official.
32 2. Detached pool houses up to one thousand square feet (1,000' sq.) in floor
33 area within fifty feet (50') of the pool and limited to a single bathroom.
34 3. Detached non-combustible motor vehicle fuel dispensing canopies
35 classified as a Group M occupancy.
36 4. A room above a detached garage used for storage only that does not
37 contain a bathroom, cooking or refrigeration facilities.
38 5. Detached carports of noncombustible construction with non-habitable
39 spaces above.
16
Ic
1 6. Detached Group B or M occupancies five hundred square feet (500' sq.)
2 or less.
3 Section 903.2.20.2 is added to read as follows:
4
5 903.2.20.2 — Additions-Residential. Additions to existing residential buildings
6 that increase the total square footage of existing floor area by fifty percent (50%)
7 or greater shall meet the requirements for a newly constructed building. This
8 requirement applies to the cumulative effect on square footage of 50% or,greater
9 as a result of additions taking place over a five year period involving one or more
10 building permits. All additions to residential buildings with an existing approved
11 automatic sprinkler system shall be required to extend the sprinkler system into
12 the addition.
13
14 Section 903.2.20.3 is added to read as follows:
15
16 903.2.20.3 - Remodels, Repairs and/or Alterations. Residential remodels,
17 repairs and/or alterations, individually or any combination thereof; involving fifty
I8 percent (50%) or greater of square footage of the existing floor area shall meet the
19 requirements for a newly constructed building. This requirement applies to the
20 cumulative effect on square footage of fifty percent (50%) orgreater as a result of
21 remodels, repairs and/or alterations taking place over'a five year period involving
22 one or more building permits.
23
24 Section 903.2.20.5 is added to read:
25
26 903.2.20.5 - Additions-Commercial and Multi-Family Additions. Additions to
27 existing commercial buildings that increase the total square footage of existing
28 floor area by twenty-five percent (25%) or greater shall meet the requirements for
29 a newly constructed building. All additions to commercial buildings with an
30 existing approved automatic sprinkler system shall be required to extend the
31 sprinklers into the addition.
32
33 Section 903.2.20.6 is added to read as follows:
34
35 903.2.20.6 - Remodels, Alterations or Repairs-Commercial. For remodels,
36 alterations and/or repairs to existing building(s) involving demolition, removal or
37 repair of fifty percent (50%) or greater of the structure, the building shall meet'the
38 automatic fire sprinkler requirements for a newly constructed building.
39
40 Exceptions: Alterations or additions made solely for the purpose of complying
41 with the American's with Disabilities Act.
42
17
Zo
1 Section 903.2.20.7 is added to read:
2
3 903.2.20.7 - Changes of Occupancy. When any change of occupancy occurs
4 where the proposed new occupancy classification is more hazardous based,on fire
5 and life safety risks as determined by the Fire Code Official including, but not
6 limited to, the conversion of residential buildings to condominiums, the building
7 shall meet the fire sprinkler requirements for a newly constructed building:
8
9 Section 903.2.20.8 is added to read:
10
11 903.2.20.8 - Residential Conversions. Fire sprinkler systems shall be installed in
12 all single-family dwellings that are converted to duplexes and/or multi-family
13 dwellings, bed and breakfasts, inns, lodging houses or similar uses...Fire;sprinkler
14 systems shall be installed in all conversions of a detached.garage into space
15 or sleeping space.
16
17 Section 903.2.20.9 is added to read as follows:
18
19 903.2.20.9 - Elevation of Existing Buildings. An automatic, fire extinguishing
20 system shall be installed throughout all existing buildings When the building is
21 elevated to three (3) or more stories or more than thirty-five feet (35') in height,
22 from grade to the exposed roof.
23
24 Exceptions: An automatic fire-extinguishing system need not be provided when
25 the area above thirty-five feet (35') is provided for aesthetic purposes only and is
26 a non-habitable space.
27
28 Section 903.2.20.10 is added to read:
29
30 903.2.20.10 - Installation of Automatic Fire Sprinklers in Pre-Existing
31 Buildings (Historic Downtown Business District).
32
33 (a) Geographic Boundary-Historic Downtown Business District: For the
34 purposes of this section, the Historic Downtown.Business,District shall include all
35 buildings located inside the geographic area generally formed by Kentucky Street
36 to the west, Washington Street to the north, the Petaluma River-:to the east and B
37 Street to the south. Also included in this section is 201 Washington Street
38 (Phoenix Theater) and 132 'Keller Street (formerly Tuttle Drug), as more
39 particularly described in Figure 1003.2.12.
18
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1
2 (b) Installation Requirements: An automatic sprinkler system-conforming to
3 the Standard for the Installation of Sprinkler- Systems (NEPA=13) shall be
4 installed in all existing buildings in the Historic Downtown Business District in
5 accordance with the following criteria:
6 (1) Kentucky Street and Western_Avenue:
7 a. In any building wherein change ofoccupancyoccurs.
8 b. In any building or occupancy where the square footage of the
9 building or occupancy is increased or alterations to the
10 structure are made pursuant to Section 903.2.19.3, Section
11 903.2.19.4, Section 903.2.19:5, Section. 903.2.19.6, Section
12 903.2.19.7 and Section 903.2.19.8 of this Ordinance.
13 c. All buildings with basements or space;belbw street grade used
14 for storage, business or public use shall have automatic fire
15 sprinklers installed within the basements or the below ,street
16 grade areas no later than December 31,'2010.
17 d. All buildings not meeting the criteria of(a) or (b) above..shall
18 have automatic fire sprinklers installed throughout the
19 structure, including all public, private, storage and/or
20 concealed spaces, as defined by the Standard for the
21 Installation of Sprinkler Systems (NFPA-13) by no later than
22 December 31, 2016.
23 (2) Petaluma Boulevard North: Automatic fire sprinkler requirements
24 shall not become effective until the City of Petaluma installs an
25 appropriate sized water main and laterals to the curb lines similar to the.
19
2L
1 main previously installed on Kentucky Streetiand Western Avenue. Upon
2 notice by the City of such installation, an automatic sprinkler system
3 conforming to the Standard for the Installation of Sprinkler Systems
4 (NFPA-13) shall be installed according to the,following criteria:
5 a. In any building wherein a change of occupancy occurs.
6 b. In any building or occupancy where the square footage of the
7 building or occupancy is increased or alternations to the
8 structure are made pursuant to Section 903.2.19.3, Section
9 903.2.19.4, Section 903.2.19.5, Section 903.2.19.6, Section
10 903.2.19.7 and Section 903.2.19.8 of this Ordinance.
11 c. All buildings with basements or space below street grade used
12 for storage, business or public use shall have automatic fire
13 sprinklers installed within the basements or the below street
14 grade areas, no later than.December 31 of-the year that is six
15 (6) years from the date of the water'main installation.
16 d. All buildings not meeting the criteria of(a) or (b) above shall
17 have automatic fire sprinklers installed throughout the
18 structure, including all public, private, storage and/or concealed
19 spaces, as defined by the Standard for the Installation of
20 Sprinklers (NFPA-l3), no later than December 31 of the year
21 that is twelve (12) years from the date of the water main
22 installation.
23 (3) Property Owner's Responsibility for System Installation:
24 a. The Property Owner shall be responsible for installation of the
25 lateral service from the curb line into the building. This also
26 includes isolation, check or other valves or devices, as
27 applicable.
28 b. The Property Owner shall be responsible for the-installation of
29 the automatic fire sprinkler system according to the Standard
30 for the Installation of Sprinkler Systems (NFPA-13).
31 (4) Plans and Specifications: Plans and Calculations (NFPA-13, Chapter
32 8) for the service lateral and fire sprinkler system shall be submitted to
33 and approved by the Fire Prevention Bureau prior to installation of
34 equipment and materials.
35 a. For the Kentucky Street installations that are required on or
36 before December 31, 2010 or December 31, 2016, all Plans and
37 Calculations for service lateral and sprinkler systems shall be
20
23
1 submitted no later than' June; 30, 2010 or June 30, 2016
2 respectively, with installation_ and'approval Of work to ,occur
3 prior to December 31, 2010 or December 34, 2016
4 respectively.
5 b. For Petaluma Boulevard North installations that occur in the
6 last year of the six (6) or twelve (12) year deadline (when
7 established) after the installation of the water main'by the City
8 of Petaluma, Plans and Calculations shall be,submitted in that,
9 last year no later than June 30°of that.year;.with installation and
10 approval of work to occur prior to December 31 of that last
11 year.
12
13 Section 903.3 is amended as follows:
14
15 903.3 - Installation Requirements. Sprinkler systems shall be designed and
16 installed in accordance with NFPA-13, NFPA 13R (ifapproved by the Fire Code
17 Official) and NFPA-13D. Pursuant to Section 102.7.1 and Section 105.1.4, the
18 Fire Code Official may require additional sprinkler coverage to mitigate certain
19 conditions such as access or water supply issues.
20
21 Section 903.3.1 is amended to read:
22
23 903.3.1 - Design Criteria. Fire sprinkler systems installed in 'buildings of
24 undetermined use shall be designed and installed to have a.desigmdensity of .33
25 gallons per minute per square foot over a minimum design area of three thousand
26 square feet (3,000' sq.). Where a subsequent occupancy change requires a;system
27 with greater capacity, it shall be the building owners'`'responsibility to upgrade the
28 system to the required density and meet any additional requirements of the Fire
29 Code at the time of such change.
30
31 Section 903.3.7 is amended to read as follows:
32
33 903.3.7 - Fire Department Connections. The location of fire department
34 connections (FDC's) shall be within fifty feet (50') of a°fire hydrant or as approved
35 by the Fire Code Official. Approved locking caps shall be provided on all newly
36 installed FDC's and on any existing FDC's found to be vandalized:
37
38 Section 903.4 is amended to read as follows:
39
40 903.4 - Sprinkler System Monitoring and Alarms. Except for Group R,
41 Division 3 Occupancies, all valves controlling the water supply for automatic
21
2'!
1 sprinkler systems, pumps, tanks, water levels, temperatures, :critical iair,pressure
2 and water flow switches shall bee electronically supervised:,Ual'vestwhen used for
3 standpipes are excluded from this provision unless, required by the Fire Code
4 Official.
5
6 Section 903.4.2 is amended to read as follows:
7
8 903.4.2 - Alarms. One (I) exterior approved audible and visual device, shall be
9 connected to every automatic fire sprinkler system in an approved location. Such
10 sprinkler water flow alarm devices shall be activated by water flow'equivalent to
11 the flow of a single sprinkler of the smallest orifice size installed in the system..
12 Where a building fire alarm system is installed, actuation of the automatic fire
13 sprinkler system shall actuate the building fire alarm system.
14 Every new commercial fire alarm system installed as a sprinkler system
15. monitoring alarm, including those systems activated solely"by fire sprinklers, shall
16 also function for the purpose of occupant notification, so that occupants of the
17 building shall be notified audibly and visually within each major suite or tenant
18 space. A minimum of one (I) notification device shall be located in each major
19 suite in a normally occupied location as determined by the Fire Code.Official or
20 building division.
21 Section 905.3.1 is amended to read as follows:
22
23 905.3.1 - Building Height. Class I standpipes shall be installed inbuildingsdhree
24 stories or over in height and/or if, in the opinion of the.Fire Chief, a hazard or
25 condition exists in which the installation of standpipes would"improve;firefighting
26 operations. Standpipes will be provided with approved outlets provided on each
27 floor level, including the roof when roof access is provided.,
28
29 Section 905.9 exception 2 is deleted.
30 Section 907.8.5.1 is added to read as follows:
31 907.8.5.1 — Fire Alarm Service Stickers/Tags. Upon completion of each annual
32 tire alarm service, the fire alarm contractor providing the service'shall affix a
33 sticker or tag to the main fire alarm panel which indicates the name of the fire
34 alarm company and the date of the service.
35
36
22
2s
1 Section 907.10 is added to read as follows:
2
3 907.10 - False Fire.Alarnrs. Owners of properties with^afire alarm system shall
4 maintain the system in accordance with section 907:8 False talarin fees shall be
5 assessed per the current adopted fee schedule.
6
7 CHAPTER 49 — REQUIREMENTS FOR WILDLAND-URBAN INTERFACE
8 FIRE AREAS
9
10 Section 4902.1 The following definition is amended to read as follows:'
11
12 Wildland-Urban Interface Fire Area. The geographical area located within any
13 Moderate, High or Very High Fire Flazard,Severity Zone as recommended by the
14 Cal Fire Director pursuant to Public Resource Code Sections 4201-4204 and
15 Government Code Sections 5.1175-51189 or in a High Fire,,Hazard Severity Zone
16 as identified by the Petaluma Fire and Resource Assessment Program(FRAP.)
17
18 Section 4906.2 is amended to read as follows:
19
20 4906.2 - Applicability. New buildings for which a building permit is•submitted on
21 or after January 1, 2011, that are located within any Moderate, High or Very High
22 Fire Hazard Severity Zone as designated by the Director. of Cal -Fire: or in any
23 Moderate, High or Very High Fire Hazard Severity'Zone as identified'by the Fire
24 Hazard Security Zone (FHSZ) map as defined,in Section.17:20.020 of the Petaluma
25 Municipal Fire Code shall comply with the following sections:
26 (a) Section 4907.1 2013 California Fire Code Defensible Space (moderate,
27 high, very high);
28 (b) Section 705A, 2013 California Building Code - Roofing (moderate,. high,
29 very high);
30 (c) Section 706A, 2013 California Building Code=Vents (moderate;;high, very
31 high);
32 (d) Section 707A 2013 California Building Code Exterior Covering
33 (moderate, high, very high);
34 (e) Section708A 2013 California Building Code—.Exterior Wind_ows and Doors
35 (high, very high);
36 (f) Section 709A 2013 California Building Code —Decking (high, very high);
37 and
38 (g) Section 710A 2013 California Building Code — Accessory Structures (high,
39 very high).
40
•
23
Z U'
Section 4907.1 is amended to read as follows:
2
3 4907.1 - Defensible Space. The area within the perimeter of "a parcel or
4 development where Fire Hazard Severity Zones (FHSZ) is implemented, providing
5 a key point of defense from any approaching fire. These,areassare characterized (but
6 not limited to) establishment and maintenance of emergency vehicle access,
7 emergency water supplies, street names, building identification, and fuel
8 modification measures.
9
10 Provisions for annual weed and brush abatement of the wildland-urban interface fire.
11 area and the developed area shall be the responsibility'of the.developer or property
12 owner. A plan may be required that outlines the provisions for weed abatement and
13 shall be prepared by the property owner and/or developer. When required, the plan
14 shall include, but not be limited to,the following elements:
15 (a) A defensible space of thirty feet (30') to one hundred feet (100'), depending
16 on grade and other factors around all structures, either manmade or natural, in
17 which material capable of allowing fire to spread unchecked must be cleared,
18 treated or modified to slow the rate and intensity of awapproaching wildfire.
19 (b) A ten-foot (10') firebreak on each side of hillside roads or driveways used
20 for emergency access; such firebreaks may be landscaped with fire resistive
21 vegetation.
22 (c) Where required, fire breaks and/or disked trails up to thirty feet (30') wide
23 shall be identified on the plan and maintained throughout the fire season; the
24 location of such breaks/trails shall be approved by'the;Fire,Code-Official.
25 (d) Other fire protection measures based on best management practices for
26 wildfire exposure protection as required by the Fire Code Official.
27
28 Section 4907.2 is added read as follows:
29
30 4907.2 - Ancillary Buildings and Structures. When required by the enforcing
31 agency, ancillary buildings and structures and detached accessory structures shall
32 comply with the provisions of this chapter.
33
34 CHAPTER 50 — HAZARDOUS MATERIALS
35
36 Section 5001.5.3 is added to read as follows: •
37
38 5001.5.3 - Electronic Reporting. All Hazardous Material Management Plans
39 (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be
40 submitted electronically in the California Electronic Reporting System (CERS) as
?4
2'J
1 required by the Fire Code,Official. All updates to HMMP and HMIS must be
2 made in CERS.
3
4 CHAPTER 56— EXPLOSIVES AND FIREWORKS.
5
6 Section 5602 is hereby amended to add the following definitions:
7
8 5602—Definitions
9
10 Affiliated Organization. For purposes of this Article, shall be presumed to;be the
11 following:
12
13 1. Organizations incorporated under the same ch'arteroriorganization
14 and their auxiliaries if the auxiliary is incorporated under.the;same charter;
15 2. Organizations sharing the same officers and/or place of meetings
16 and/or national parent organization;
17 3. Subdivisions and/or fractional divisions however named or
l8 delineated of organizations;
19 4. Sub-organizations, one of whose primary purpose is to provide
20 financial and/or manpower support to a parent nonprofit organization.
21 However, different organizations affiliated with.and officially-recognized by any
22 elementary, junior high and/or high school and/or school district.that serves, in
23 whole or in part, the residents of the City of Petaluma or any public. or private
24 community college, college and/or university located Within•_th'e boundaries of the
25 City of Petaluma shall not be presumed to be "affiliated'organizations" unless it
26 can be shown that they serve the same interest area or concern (i.e., boosters of
27 high school football and boosters of high school basketball would be presumed to
28 be two different, non-affiliated organizations).
29 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as
30 defined in Health and Safety Code sections 12505 and 12561, and the relevant
31 sections of Title 19, California Code of Regulations, Subchapter '6, which are
32 hereby incorporated by reference.
33
34 Fireworks Booth. Fireworks booth shall mean' any building, counter or other
35 structure of a temporary nature used in the sale offering for sale or display for
36 sale of"safe and sane fireworks".
37
38 Nonprofit Organization. For the purposes of this Chapter,'nonprofit organization
39 shall mean any nonprofit association, charity or corporation organized primarily
40 for veterans, patriotic, welfare, civic betterment, educational, youth development
25
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•
1 or charitable purposes pursuant to Internal"RevenueCode Sections 501 (c) 3, 4, 6,
2 7, 8, 10, 19, 23, or 26, Section,501 (d), Section.501.(e); or•which has been issued
3 a tax-exempt certificate as required under the Revenueiand Taxation Code of-the
4 State of California; or-a group which is an integral part of'a: recognizednational.
5 organization having such tax-exempt status; or a nonprofit organization affiliated
6 with and officially recognized by an elementary, junior high and/or high school
7 and/or school district that serves, in whole or in part, the residents of,the City of
8 Petaluma or public and/or private community college, college and/or university
9 which is located within the boundaries.of the Cityof•Petaluma.
10
11 Person. Person shall mean a natural person or a legal entity that-is also an owner,
12 tenant, lessee and/or other person with any right to possession or control.of the
13 property where a violation of this code occurred.
14
15 Piccolo Pete-Type Fireworks. Piccolo Pete-type.fireworks. are "safe and sane
16 fireworks" as defined in Health arid Safety Code Section 12529 and 12562 and the
17 relevant sections of Title 19, California Code of Regulations, Subchapter 6, which
18 are hereby incorporated by reference. "Piccolo Pete types fireworks"' are also
19 known and sometimes referred to and/or labeled as, and/or.have substantially the
20 same appearance and discharge characteristics.as, kit are not to "Piccolo
21 Pete," "Whistle Pete," "Nita Siren," "Whistling Phantom""Screaming Willy" and
22 "Whistling Pete".
23
24 Principal and Permanent Meeting Place. Principal and permanent meeting
25 place shall mean a permanent structure, playing field; geographic area or service
26 population which resides in or is located within the City of Petaluma.
27
28 Public Display of Fireworks. Public display of fireworks shall mean an
29 entertainment feature where the public is admitted Or permitted, to view the
30 display or discharge of fireworks by a licensed pyro-technician.
31
32 Qualified Applicant. Qualified applicant shall mean any group or,organization
33 which has met all of the following criteria fora continuous period of notless than
34 one full year preceding submittal of an application'for a permit to sell required by
35 this Chapter and which continues to meet the criteria for the duration of any
36 permit to sell issued by the City of Petaluma pursuant to Chapter: A nonprofit
37 organization as defined in this Chapter:
38
39 1. The organization must have its principal and permanent meeting
40 place within the City;
26
1 2. The organization must be one which provides 'direct and regular
2 community services and benefits to the residents ofthe City;
3 3. The,organization must have a_minimum bona,fidemembership of
4 at least twenty (20) members who either resi'd'e in the City, are employed
5 in the City or are owners or operators ofa business"or other establishment
6 located in the City;
7 4. Neither the organization nor any of its .officers and/or officials
8 have been found by any court or City administrative process, to be in
9 violation of any civil or criminal local, state or federal law relating to
10 fireworks within twenty-four calendar month's prior'to the organization's
11 submittal of an application for a permit to sell;
12 5. The organization has not had a permit• to sell fireworks, revoked
13 within twenty-four months prior, to the organization's 'submittal of an
14 application fora permit to sell.
15 Responsible Person. Responsible person shall mean a person who causes a
16 violation of this Chapter to occur or allows a violation to exist or continue, by his
17 or her action or failure to act, or whose agent,.employee or independent contractor
18 causes a violation to occur, or allows a violation to exist,or continue. There is a
19 rebuttable presumption that the record owner of a residential,`parcel, as shown on
20 the county's latest equalized property taxes assessment rolls, and a lessee of a
21 residential parcel has a notice of any.violation existing on said property. For
22 purposes of this Chapter, there may be more than one responsible person for a
23 violation. Any person, irrespective of age, found in violation of any provision of
24 this Chapter may be issued a citation in accordance with the provisions of this
25 Chapter. Every parent, guardian or other person, having the legal care,custody or
26 control of any person under the age of eighteen (18) years, who knows or
27 reasonably should know that;a'minor is,in violation of this Chapter, maybe issued
28 a citation in accordance with the provisions of this Chapter, in addition to any
29 citation that may be issued to the offending minor.
30
31 State-Approved Fireworks. State-approved fireworks shall mean "safe and sane
32 fireworks" as defined in Health,and Safety Code sections 12529 and 12562,and
33 the relevant sections of Title 19, California Code of.Regulations, Subchapter 6,
34 which are hereby incorporated by reference. State-approved fireworks are also
35 known, and sometimes referred to, as "safe and sane'fireworks”.
36
37 Section 5609 is added to read as follows:
38
39 5609 - Fireworks. Except as hereinafter provided, it shall be unlawful for any
40 person to possess, store, offer for sale, expose for sale, sell at retail or use or
27
30
1 explode any dangerous fireworks or explode any rocket, firecracker, Roman
2 candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core sparkler,
3 black cartridge or other combustible device or:explosive substance,'or,any kind of
4 fireworks or dangerous fireworks by whatsoever name known within the City of
5 Petaluma provided that the Fire Chief shall have power'to adopt reasonable rules
6 and regulations for the granting of permits for supervised public displays of
7 fireworks by a public agency, fair association, amusement park or other
8 organization or for the use of fireworks by artisans in pursuit of their trade.„Every
9 such use or display shall be handled by a competent operator approved by the Fire
10 Chief and shall be of such character and so located, discharged or fired as in the
11 opinion of the Fire Chief, after proper investigation, not to be hazardous to
12 property or endanger any person.
13
14 Exception: State-Approved Fireworks: It shall not be unlawful to possess or sell,
15 within the City, state-approved fireworks and/or safe and sane fireworks as
16 defined herein.
17
18 This section shall not apply to persons, busincssesorehtitiës licensed by the State
19 Fire Marshal as a wholesaler and/or import/export concern to legally possess or
20 sell fireworks, including those prohibited by this section, within the City for the
21 primary purpose of sale and distribution outside'the,:City.
22
23 Notwithstanding any provision of this code, the City Council, upon advice of the
24 Fire Chief, may in any given fireworks sales year prohibit the sale and use of
25 state-approved fireworks and/or safe and sane fireworks when it is determined
26 that conditions exist in the City, including but not limited to fire weather events,
27 fuel moisture, drought, limitations on available firefighting forces ]and/or other
28 condition, that create an extreme danger to the public health and safety and/or life
29 and property of the residents, businesses and visitors of the City.
30
31 5609.1 - Fireworks—Conditions of Sales
32 •
33 (a) It is unlawful for any person, firm, corporation; association,, or
34 organization to sell or offer for sale any fireworks within the City, except as
35 expressly permitted by this Ordinance.
36
37 (b) Time of Sale. Subject to the provisions of the State Fireworks Law
38 (California Health and Safety Code, Division 11, Part 2, Chapters 1-7, Health and
39 Safety Code Sections 12500-12801), and the provisions of this code, state-
40 approved fireworks, as defined in Section 12504 of the California Health and
41 Safety Code, may be sold within the City between the hours of 10:00 a.m. and
42 9:00 p.m. on June 301h, July E', July 2nd, July 3rd, and July 4'h. Pyrotechnic
28
31
l displays may deviate from.these restrictions subject'to applicable provisions of
2 the California Health and Safety Code, and'provided they are approved by the
3 Fire Chief or his designated representative.
4 ■
5 (c) Permit Required. No person, firm; corporation, association, or
6 organization shall sell fireworks within the City- unless they are a qualified
7 applicant and/or affiliated organization-of a;.qualified applicant.as defined in this
8 Chapter and have first obtained a permit therefore. Issuance'of°the 'permit. shall
9 fulfill all municipal licensing requirements and fire;safety=conditions outlined by
10 the Fire Department. All permit applications shall be received in the Fire
11 Prevention Bureau by no later than the last day' of May each,year. No .person,
12 firm, corporation, association or other organization, other than the qualified
13 applicant or its authorized representatives shall operate the booth for which the
14 permit is issued or share or otherwise participate in the profits Of the'operation of
15 such booth.
16
17 In addition to any fees established by resolution of the City Council 'for permit
18 application, processing, inspection and/or business licenses for any wholesale or
19 retail sales of state-approved fireworks, any qualified applicant for a permit.for
20 wholesale sales of state-approved fireworks "shall pay 'a.non-refundable "Public
21 Education and Compliance" fee, in an amount to be established by resolution of
22 the City Council, to cover the City's costs for enhanced public education and
23 enforcement of the regulations governing state-approved fireworks set forth in
24 this section. The "Public Education and Compliance" fee shall also include the
25 costs associated with the cleanup and removal of fireworks.debris left on public
26 rights-of-way, and all public properties such as City parks, City Hall and.other
27 City facilities.
28
29 Nonprofit organizations licensed and permitted to sell state-approved fireworks in
30 the City arc required to obtain a temporary sales tax-permit from;the local office
31 of the State Board of Equalization.
32
33 (d) Information Required on Permit. Each qualified applicant forsuch permit.
34 shall file a written application with the Fire Prevention Bureau showing the.
35 following information:
36 1. Name and address of qualified.applicant.
37 2. Location where the,qualified'applicant proposes to sell fireworks.
38 3. Places of storage for fireworks.
39 4. Evidence that the qualified applicant meets the criteria specified in
40 this code.
29
3A
1 (e) Organization(s) Authorized. to Sell. No pefmit to sell state-approved
2 fireworks shall be issued to any person except'thefoll"owing..
3
4 1. Organizations or local community service •associations which
5 constitute qualified applicants and/or affiliated organizations of a qualified
6 applicant, as defined in this Chapter.
7
8 (f) Determination of Eligibility by Fire Chief Right of Appeal. The Fire
9 Chief shall make a determination as to which_ organizations, including qualified
10 organizations, meet the criteria specified in Section 5. Any aggrieved applicant may
11 appeal the decision of the Fire Chief pursuant to Appendix Chapter 1, Section
12 108.1.
13
14 (g) Maximum Number of Permits to Sell. The maximum number of permits to
15 sell state-approved fireworks shall not exceed eighteen (18) booths. Any,person or
16 organization which sold fireworks from an outdoor temporary fireworks, booth in
17 the City of Petaluma pursuant to a permit issued in 2013 shall.be entitled to apply
18 for a permit, and upon meeting all of the standards and conditions set: forth in
19 Section 5609.1 shall receive such permit. Only one (1) permit per organization will
20 be allowed.
21
22 (h) Abandon Permits. Any previous permit holder who does not apply and
23 obtain a permit for each consecutive year shall,be deerned..to have abandoned the
24 right to such a permit. When a permit has been abandoned, the permit will not be
25 reissued or transferred to a new vendor.
26
27 (i) Revocation of Permits. If a fireworks booth permit is revoked by the Fire
28 Code Official because the permit holder failed to meet the;standards-and conditions
29 set forth on the permit, the permit may be considered abandoned.
30
31 (j) Total Number of Booths Permitted for an Entity, Organization, or Group.
32 Fireworks sales permits shall be limited to one (I) booth per qualified applicant.
33 The purpose of limiting booths to one (1) per applicant is to allow a maximum
34 number of entities, organizations or groups to participate in fireworks sales without
35 creating an unfair advantage for one group over another.
36
37 (k) Assignment of Available Permits for the 2014 Fireworks Year. If the
38 number of applications received up to and including the last day of May, 2014
39 exceeds the number of permits to be issued, the Fire.Code Official shall forward a
40 list of qualified applicants who did not hold permits to sell in the prior year to the
41 City Clerk who shall, not later than the 5th day of June, supervise an impartial
42 drawing to determine an order of priority for each application. Upon such
30
33
1 determination, the City Clerk "shall forward to the Fire :Code.Official .a list of
2 applications, numbered in order of priority drawn .for- investigation'and issuance.
3 Permits may be issued in order of priority drawn ,to' those on the list until the
4 maximum of eighteen (18) booths is reached.
5
6 (I) Insurance Requirements as Condition of Sale. Each applicant for a permit
7 shall file with the Bureau of Fire Prevention, prior to the issuance of any permit, a
8 policy of public liability insurance with applicable coverage of a minimum of one
9 million dollars ($1,000,000.) No policy will be acceptable which contains a
10 provision allowing for a deductible amount. The ,City, its officers, employees,
11 agents and volunteers shall be named as additional insured on such insurance policy
12 or certificate of insurance by a separate specific endorsement,in afonn acceptable
13 to the City's Risk Manager and City Attorney.
14
15 (m) Hold Harmless and Indemnification. The fireworks distributor and the non-
16, profit organization must agree in writing to indemnify, defend with counsel
17 acceptable to the City of Petaluma (hereinafter "City"), and hold harmless City and
18 its officers, officials, employees, agents and volunteers from and against any and all
19 liability, loss, damage, claims, expenses and costs (including, without limitation,
20 attorney's fees and costs and fees of litigation) (collectively "Liability") of every
21 nature arising out of or in connection with the Permit including, but not limited to,
22 any and all activities authorized, performed, allowed and/or required under the
23 Permit, except such Liability caused by the sole negligence ot:willful misconduct of
24 City.
25 (n) Authorization of Property Owner. The property owner(s) of record or their
26 designated representative with authority to agree to the,Applicant's conduct of the
27 sales/storage of fireworks on the identified property must-acknowledge in writing
28 that they have received and read the application for fireworks sales/storage from a
29 State-Approved Fireworks Booth to be located on The property identified in the
30 permit.
31 (o) Fireworks Booth Restrictions on Sales.
32 1. No booth shall be located within twenty-five feet (25') of
33 combustible buildings and/or building. openings (windows or doors) or
34 within fifty feet (50') of any flammable storage or within one hundred feet
35 (100') of any gasoline pump or distribution point: Location of booths is
36 contingent upon approval from the Fire Chief or designated representative.
37 2. No booth shall have a floor area in excess of seven hundred fifty
38 square feet (750' sq.). Each booth shall have at least two (2) exits. Each
39 booth in excess of forty feet (40') in length shall have at least three (3) exits
31
3`�
1 spaced approximately.equidistant apart;,provided, however, that in no case
2 shall the distance between the exits exceed:twenty-four"feet (24'). Exit doors
3 shall not be less than twenty-four inches (24") wide and six feet (6') in
4 height and shall swing:in'°the direction,of exit'travel.
5 3. All weeds and combustible materials shall be cleared in and.around
6 booth for a distance of at least twenty feet (20').
7 4. "No Smoking" signs shall be posted on the boo ths..No smoking shall
8 be allowed within any fireworks booth.
9 5. No person under'eighteen'(18)'years.of age shall sell or participate in
10 the sale of state-approved fireworks at such.booth No person under eighteen
11 (18) years of age shall be permitted inside the booth during hours of
12 operation. Each booth must have an adult in attendance and in charge of
13 operations whenever the booth contains, or is engaged in the sale of,
14 fireworks. The permit holder is solely responsible for ensuring the presence
15 of said adult. For the purpose of this section; the term "adult"shall mean any
16 person so defined under California law.
17 6. All unsold stock shall be removed from the booth and located in an
18 approved area immediately after close of business on each and every day of
19 operation.
20 7. All litter shall be removed on a daily basis..
21 8. The booth shall be removed from the temporary location and all litter
22 shall be removed by 12:00 noon on July 8th.
23 9. All retail sales of state-approved fireworks shall, be permitted only
24 from within a temporary booth. Sales from..any other building or structure
25 are prohibited.
26 10. Approved banners or other barricades to prohibit parking within
27 twenty feet(20') of the booth shall be provided.
28 11. No electrical devices or open flames are permitted within any booth.
29 Exception: A single electronic cash register is permitted in the booth: Power
30 for device shall be provided by a heavy duty type electric extension cord
31 with a minimum of fifteen (15) amp rating: There shall be no signs of
32 mechanical damage, fraying or exposed wire insulation to the cord.
33 Approval of extension cord subject to inspection by the fire inspector.
34
35 12. Signs must be posted on each booth stating "No fireworks permitted
36 in the unincorporated areas of Sonoma or Marin Counties".
32
35-
I 13. No person ,shall knowingly sell fireworks, to any person under
2 eighteen (18) years of age: Proof that the fireworks booth permit holder
3 demanded, was shown, and acted in reliance=upon, bona fide evidence of
4 age and identity in any sale of Fireworks'prohibitedlby this section "shall be a
5 defense to any proceedings for suspension or revocation of the permit
6 holder's state-approved fireworks permitor a criminal,proceeding instituted
7 by the City against the permit holder for violations of this section. For
8 purposes of this section bona fide evidence of age,and identity of purchaser
9 shall mean a document issued by a federal, state, county or municipal
10 government which contains a photograph and date of birth of the purchaser
I1 including, but not limited to, a valid California Driver's License or
12 Identification Card issued to a member of the Armed Forces. Signs shall be
13 posted in conspicuous places on and in the booth'indicating`"No Fireworks •
14 Sales to Persons Under the Age of 18 - Photo I.D. Required".
15
16 14. No person shall sleep or remain in any fireworks booth after close of
17 business each day or at any time when the booth is closed for business.
18
19 15. A fireworks booth need not comply ,with_ the provisions of the
20 Building Code of the City of Petaluma; provided, however, that every
21 fireworks booth shall be erected under the supervision of the Fire Chief who
22 shall require that the fireworks booth be constructed in a manner which will
23 reasonably ensure the safety of attendants and patrons.
24
25 16. Each fireworks booth shall be provided with a.nminimum of one (1)
26 model 2A10BC fire extinguisher and one (1) 5-gallon pressure water fire
27 extinguisher, in good working order and-:easily'accessible for use in case of
28 fire.
29
30 17. No person shall smoke within.twenty-five feet (25') of any safe and
31 sane fireworks booth. No person shall light, cause to be lighted or permit to
32 be lighted any fireworks or combustible material within fifty-feet (50') of
33 any state-approved fireworks booth.
34
35 (p) Limitations on Places and FIours of Discharge.
36 1. It shall be unlawful for any person to discharge any state-approved
37 fireworks in the City except between the hours of 10:00 a.m. to 11:00 p.in.
38 on July 4th.
39
40 2. It shall be unlawful for any person to ignite, discharge, project or
41 otherwise fire or use, any state-approved fireworks or permit the ignition,
33
3�
1 discharge or projection thereof, upon or over-.oronto the-property of another
2 without the property owner's consent or to ignite, 'discharge, project or
3 otherwise fire or make use of any state-approved fireworks within ten feet
4 (10') of any residence, dwelling or other' structure listed as a place of
5 habitation by human beings.
6
7 3. The use of state-approved fireworks in the City-shall be limited to
8 private property except as otherwise provided herein. No person shall ignite
9 or discharge any state-approved fireworks on private open areas such as
10 parks, parking lots or vacant property, withoutthe property owner'.'s.or his or
11 her designated agent's permission. No person shall:ignite or discharge any
12 state-approved fireworks on public or senii-public open areas-such as parks,
13 parking lots or vacant property, excluding public ,streets and sidewalks,
14 except as authorized by the Director of Parks and-Recreation and the Fire
15 Department, and, if applicable, the private property owner or his or her
16 designated agent.
17
18 4. Any person who discharges state-approved fireworks on public or
19 private property shall be responsible for the removal of all spent fireworks
20 debris and litter or rubbish associated with the discharge of fireworks, and
21 for disposition thereof in an appropriate trash:receptacle. Spent fireworks
22 debris shall be allowed to cool for at least thirty (30) rriinutes or immersed in
23 water before discarding to a trash receptacle.
24
25 5. No state-approved fireworks shall be discharged in the Fire' Hazard
26 Severity Zones (FHSZs) of the City, as established and approved by the
27 Petaluma Fire Department with the assistance of the.California Department
28 of Forestry and Fire Protection and within the boundaries set forth on the
29 FHSZ map as defined in Section 17.20.040 of:the<Petaluma Municipal Code
30 and kept on file in the Fire Code Official's. Office. All fireworks booths
31 shall post a notice of such fireworks ban and a map_ designating the FHSZ
32 restrictions, in the form provided by the Fire Code Official's office. Booth
33 operators shall advise persons purchasing state-approved fireworks to
34 review the notice and map and advise theni of the fireworks restrictions in
35 the FHSZ.
36
37 6. Supervision of minors. It shall.be:uhlawful for any person having the
38 care, custody or control of a .minor (under eighteen (18) years-of age) to
39 permit such minor to discharge, explode, fire or set off any dangerous,
40 illegal fireworks at any time, or to permit such minor to discharge or set off
41 any state-approved fireworks unless such minor does so under the direct
34
37
1 supervision of a person over eighteen (18) years Offage.and,during the hours
2 and on the day permitted by this section.
3
4 (q) Qualified Applicant Reporting Requirement. On.or.before.;November 1st of
5 any sales year for which a qualified applicant received a sale permit, the qualified
6 applicant shall submit to the Fire Code Official a financial statement by the
7 treasurer or financial officer of the qualified applicant setting forth the total gross
8 receipts from the fireworks stand operated by the qualified applicant; all expenses
9 incurred and paid in connection with the purchase of fireworks and the sale thereof;
10 and to whom and for what purpose the net proceeds were or will. disbursed,
11 along with the most recent report filed by the .qualified applicant with the State
12 Board of Equalization. The filing of the statement required by this section with the
13 City shall be a condition precedent to the granting of any-subsequent permit, and a
14 permit holder which fails to file such statement shall not be considered a qualified
15 applicant in any year subsequent to its failure to file. This shall be considered an
16 abandonment of the qualified applicants permit.
I7
18 (r) Any pennit issued under this section may be revoked by the Fire Chief in
19 case of any violation of this section or any terms or conditions of the permit. The
20 City Council may revoke said permit(s) and/or prohibit fireworks sales.at any time
21 it deems necessary to protect the health, safety and ,welfare of the citizens of the
22 City.
23
24 Section 5609.1.1 is hereby added to read as follows:
25
26 5609.1.1 - Reports to Council.
27
28 (a) On an annual basis, before June 15th of each calendar year, the Fire
29 Department will prepare and provide to the City Council an "education and
30 enforcement plan. The plan will include the following:.
31
32 1. Education and enforcement program to be implemented in a given
33 year; and
34 2. Other relevant information deemed necessary by the Fire Code.
35 Official to provide an overview of the City's experience in fireworks
36 enforcement relevant to that year's education and enforcement programs.
37
38
35
3V
1 (b) By no later than the last day of September, annually, the,Fire,Cbde:Official
2 will provide to the City Council a fireworks after-action. report The report. will
3 include the following:
4
5 1. An evaluation of the success or failure of the education and
6 enforcement plan; and
7
8 2. Relevant incident statistics for the period of`June 17 through July
9 16th.
10
11 (c) All information and records which are otherwise exempt from public
12 disclosure pursuant to the Public Records Act will remain exempt from disclosure,
13 despite inclusion of any such information and/or records in an education and
14 enforcement plan and/or after action report in order to avoid any unintended effect
15 on public safety operations.
16
17 Section 5609.2 is hereby added to read as follows:
18
19 5609.2 - Prohibition of Sale and Use of Fireworks. It,is unlawful for any person,
20 firm, corporation, association, organization or entity to 'sell Or 'offer for sale any
21 fireworks within the City except as expressly permitted by this Ordinance. It is
22 unlawful for any person, firm, corporation, association, organization or entity to use
23 any fireworks within the City except as expressly permitted by this Ordinance.
24
25 Section 5609.3 is hereby added to read as follows:
26
27 5609.3 - Storage of Fireworks. The storage and use of fireworks:inside buildings is
28 prohibited.
29
30 Exceptions: State-approved fireworks purchased by the public for individual or
31 family use.
32
33 Section 5609.3.1 is hereby added to read as follows:
34
35 5609.3.1 - Storage of State-Approved Fireworks-Retail. The storage of state-
36 approved fireworks by those conducting retail sales shall be in a=non-combustible
37 container or magazine as approved by the Fire Code Official. The location of said
38 storage shall be within the City limits of Petaluma and be approved by the Fire
39 Code Official.
40
41
36
35
1 Section 5609.3.2 is hereby added to read as follows:
2
3 5609.3.2 - Prohibition Against Modification and Discharge.;ofState-Approved
4 Fireworks. No person shall modify, tamper with, disassemble, rearrange and/or
5 combine the contents or original packaging of any state approved firework, nor in
6 any way remove the original packaging labels.
7
8 Section 5609.3.2.1 is hereby added to read as follows:
9
10 5609.3.2.1 - Prohibition Against Possession, Use, Display 6r Discharge of
11 Modified State-Approved Fireworks. No person shall possess, use, display,
12 discharge or explode any state-approved firework that has been tampered with,
13 disassembled and/or rearranged, nor shall any person possess,. use, display,
14 discharge, explode or combine the contents of multiple state-approved fireworks or
15 combine, tape or change the originally intended purpose of state-approved
16 fireworks.
17
18 Section 5609.3.2.2 is hereby added to read as follows:
19
20 5609.3.2.2 - Prohibition Against Sale and Discharge of .Piccolo Pete-Type
21 Fireworks.
22
23 (a) Notwithstanding the provisions of Section 3309.2, nonperson shall sell, use,
24 distribute, give away or discharge, at any time, on any day, any "Piccolo Pete-type
25 firework" or any firework having substantially the same°appearance;and discharge
26 characteristics as any of these. Additionally, any retail sale, gift, or donation of any
27 "Piccolo Pete-type firework" (or any firework having substantially the same
28 appearance and discharge characteristics as any of these) shall be°a=violation of this
29 section.
30
31 (b) Except as otherwise provided herein, it shall be lawful for any person to
32 possess and/or transport any "Piccolo Pete-type firework" within the City of
33 Petaluma.
34
35 (c) This section shall not apply to persons, businesses or entities licensed by the
36 State Fire Marshal as a wholesaler and/or import/export concern to legally possess
37 or sell fireworks, including those prohibited by this section, within the City for the
38 primary purpose of sale and distribution outside the City.
39
37
1 APPENDIX B'-FIRE-FLOW REQUIREMENTS FOR BUILDINGS
2
3 Section B105.1 is amended to'read as follows:
4
5 8105.1 - One- and Two-Family Dwellings. The minimum fire-flow requirements
6 for one- and two-family dwellings having afire-flow calculation area which does
7 not exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute (5678.11
8 L/min). Fire-flow and flow duration for dwellings having a fire-flow calculation
9 area in excess of 3,600 square feet (344.5 ni2) shall not be less than that specified in
10 Table.B 105.1 of the 2013 California Fire Code.
11
12 Section 13105.2 is amended to read as follows:
13
14 B105.2 - Buildings Other Than One- and Two-Family Dwellings.. The minimum
15 fire-flow and flow duration for buildings other than one- and two-family dwellings
16 shall be as.specified in Table 13.105.1.
17
18 Exceptions: A reduction in required fire-flow of up to fifty percent (50%), as
19 approved, is allowed when the building is provided with an approved automatic
20 sprinkler system installed in accordance with other sections of this code. The
21 resulting fire-flow-shall not be less than fifteen hundred gallons per minute (1,500
22 gpm) for the prescribedkduration as specified in Table B105.1.
23
24 APPENDIX C— FIRE HYDRANT LOCATIONS AND DISTRIBUTION
25
26 Section C105.1 is amended to read as follows:
27
28 C105.1 - Hydrant.'Spacing. The average spacing between fire hydrants shall not
29 exceed that listed in Table C105.1.
30
31 Exceptions: The Fire Chief is authorized to allow deviations from this section
32 where existing fire hydrants provide all or a portion of the required fire hydrant
33 service.
34
35 Table C105.1 of Appendix C: Footnotes (f) and (g) are added to read as follows:
36
37 (1) For commercial, industrial and multifamily residential dwellings, average
38 spacing shall be no greater than three hundred feet (300').
39
40 (g) A fire hydrant shall be located within fifty feet (50') of the FDC, or as
41 approved by the Fire Code Official.
42
38
fir.
1 APPENDIX D-FIRE AP.PARATUS:'ACCESS ROADS
2
3 Section:D103:2ris amended to read as follows:
4
5 D103.2 - Grade. The grade of fire apparatus access roads shall be in accordance
6 with the City of Petaluma standards for public streets or as approved by the Fire
7 Chief.
8
9 Section D103.3 is hereby amended to read as follows:
10
1'1 D103.3 - Turning Radius. The minimum turning radius shall be determined by the
12 Fire Code Official.or'as approved by local standards.
13
14 Section D103.4 is amended. read as follows:
15
16 D103.4 - Dead Ends. Dead-end fire apparatus access roads in excess of one
17 hundred fifty feet (150') (45.720 m) shall be provided with width and turnaround
18 provisions in accordance with the local agency requirements for public streets or as
19 approved by local standards.
20
21 Table D103.4is'deleted"in its entirety.
22
23 Section D103.6 is amended to read as follows:
24
25 D103.6 - Signs. Where required by the Fire Code Official, fire apparatus access
26 roads shall be marked with permanent NO PARKING-FIRE LANE signs
27 complying with the California Vehicle Code and tire department standards.
28
29 Section D104.2 is amended to-deletetheexception and read as follows:
30
31 D104.2 - Buildings Exceeding 62,000 Square Feet in Area. Buildings or facilities
32 having a gross building area of more than 62,000 square feet (5,760.m2) shall be
33 provided with two(2) separate and approved lire apparatus access roads.
34
35 Section D106.1 is amended to delete the exception and read as follows:
36
37 D106.1 - Projects Having More Than Fifty (50) Dwelling Units. Multiple-family
38 residential projects having more than fifty' (50) dwelling units shall be provided
39 with two (2) separate and approved fire apparatus access roads.
40
41 Section.D106.2.is hereby deleted.
42
39
1 Section.D107.1 is-amended to delete exceptions I and 2 and reathas`follows:
2
3 D107.1. - One- or Two-Family Dwelling Residential Developments.
4 Developments of one- and two-family dwellings where the number of.dwelling
5 units exceeds fifty (50) shall be provided with two (2) separate and approved fire
6 apparatus access roads and shall meet the:requirements of section D104.3.
7
8 SECTION 6: Section 17.20.060 of the Petaluma Municipal Code is hereby added to read
9 as follows:
10
11 17.20.060 - New Materials, Processes or Occupancies Which May Require
12 Permits. The City Manager, the Fire Chief and the Fire Code Official shall act as a
13 committee to determine and specify, after giving affected persons an opportunity to
14 be heard, any new materials, processes or occupancies for which permits are
15 required in addition to those;now enumerated in this code. The Fire Code Official
16 shall post such list in a conspicuous place at the Fire, Prevention Bureau and
17 distribute copies thereof to interested persons.
18
19 SECTION 7: If any part of this Ordinance is for any reason held to be
20 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
21 decision will not affect the validity of the remaining parts of this Ordinance. The City
22 Council of the-City of Petaluma hereby declares that it would have passed and adopted this
23 Ordinance and each of its provisions irrespective of any part being held invalid.
24
25 SECTION 8: The City, Council finds that this Ordinance is not subject to the
26 California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
27 CEQA Guidelines because the activity has no potential for resulting in a direct or
28 reasonably foreseeable indirect physical change in the environment, and pursuant to
29 Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as
30 defined in Section 15378) of the CEQA Guidelines.
31
32 SECTION'9: This Ordinance will become effective thirty days after the date of its
33 adoption by the.Petaluma.City Council; however, the provisions of this Ordinance will not
34 become operative until January 1, 2014, at the same time that the 2013 Edition of the
35 California Building Standards Code takes effect
36
37 SECTION 10: In accordance with California Health and Safety Code Section
38 17958.7, the City Clerk is hereby directed to file this Ordinance and the attached findings
39 of fact with the California Building Standards Commission prior to the effective date of
40 this Ordinanctspecified above.
41
40
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1 SECTION 12: The City Clerk is hereby directed to post and/or publish this
2 Ordinance or a synopsis for the period;and in the manner required by the City Charter.
3
4
5
6 INTRODUCED and ordered posted/published this day of , 2013.
7
8 ADOPTED this day of ,2013 by the following vote:
9
10
11 AYES:
12 NOES:.
13 ABSENT:
14
15
16
17
18
19 David Glass, Mayor
20
21
22
23
24 ATTEST: APPROVED AS TO FORM:
25
26
27
28
29
30 Claire Cooper, City Clerk Eric Danly, City Attorney
31
32
33
34
35
36
37
4I
EXHIBIT "A"
FINDINGS OF FACT AND NEED FOR CHANGES'OR MODIFICATIONS
TO THE CALIFORNIA-FIRE CODE, 2013:EDITION WITH CALIFORNIA
AMENDMENTS, DUE TO LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health
and Safety: Code, the governing body of the City of Petaluma in its Ordinance adopting and
amending the 2013 Edition of the California Fire Code, changes or modifies certain provisions of
the California Building Standards Code as it pertains to the regulation of buildings used for
human habitation. A copy of the text of such changes or modifications is attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the'State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of(1) major
loss fires, (2). major earthquake damage and (3) the potential for life and property loss, making
the changes or modifications in the California Fire Code and the State Building Standards Code
necessary in order to provide;a reasonable degree of property security and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate' the
modifications to.the California.Fire Code and California Building Standards Code.
CLIMATIC (a).
Precipitation;- Precipitation ranges from twenty inches (20") to approximately twenty-five inches
(25") per year. Approximately ninety, percent (90%) falls during the months of November
through April and ten percent (10%) from May through October. Severe flooding occurred
during the months of January and March, 1995 and in 199&and 2006.
Relative I-Iumidity:' Humidity generally ranges from fifty percent (50%) during daytime and
eighty-six'percent (86%) at night. It,,drops to twenty'percent '(20%n) during the summer months
and occasionally drops lower during the months of September through November.
Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit Average
summer`highs are in the'78-85 degree range.
Exhibit A to Ordinance
Page I
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Winds: Prevailing winds are from thenorthwest..However,.winds are•experienced'from virtually
every direction at one time'.or. Velocities are generally.in the.5 45 mph range, gusting to
7.4-30.mph,:particularly duffing the Sitinmertinioriths. Extreme winds;;up to 50.mph, have been
known to occur.
Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in
the community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires
and conflagrations. The winds experienced in this area also adversely impact structure fires in
buildings in close proximity to one another. Winds can carry sparks and burning branches to
other structures, thus spreading the the and causing conflagrations. In building fires, winds can
literally force fires back into the building and create a blowtorch effect, in addition to preventing
natural ventilation and cross-ventilation efforts. Petaluma's downtown and surrounding areas
contain numerous historic and older buildings that are located very close together, which
exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs.
TOPOGRAPHIC.(b)
The topographic fire environment of a community is primarily the combination of two factors:
the area's physical geographic characteristics and the historic pattern of urban-suburban
development. These two factors; alone and combined, create a mixture of environments which
ultimately determine the areas'fire protection needs.
The basic geographical boundaries of the City include`.hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the City through
the central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
population estimated at 58,000. TheCity's service area is!a conglomeration of bay, plains, hills,
valleys, and ridges. Currently, within the City, are three (3) fire stations and fifty-three (53) fire
personnel (58 when fully staffed). Because of the size of the City of Petaluma, the characteristics
of the fire environment changes from one location to the next. For example, the central
downtown area contains older buildings situated close together, which increases the ability of
fire to spread.from One building to the next. In contrast, some of the properties on the outlying
hills are far apart, 'but contain large grassy acreages that promote quickly-spreading wildfires
during the leng dry season.
The City's development pattern also contributes to its unique fire protection needs.
Development has traditionally occurred on the flat lands (0 —5%u slope) in the'central and eastern
portions of the City. However, over the last ten (10) years, development has spread into the hills
and the smaller valleys and canyons. This development has significantly increased the service
area for the City's fire department and has added complicated logistical challenges for getting
fire'equipment to remote fires or fires on steep hillsides. The majority of the hillsides in these
Exhibit A to Ordinance
Page 2
NGa
areas have slopes ranging from 15 30%. As'a basic rule of thumb, the rate of spread will double
as the slope percentage doubles, all other factors.remaining the same.
The local vegetation further contributes to fire dangers in the City: Petaluma's semi-arid
Mediterranean-type,climate produces vegetation similar to that of most of Sonoma County. In
the long`.periods of the year with little or no rain (April through October), this vegetation
provides ready fuel for fast-spreading wildfires.
Moreover, some of the structures in the City have combustible wood-shingle or shake roofs. This
very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
spread of fire to adjacent buildings.
GEOLOGICAL(c)
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two (2) active earthquake faults (San Andreas and Hayward-Rodgers Creek) affect
the Petaluma area. Approximately fifty percent (50%) of the City's land surface is in the high-to-
moderate seismic hazard zones:
The majority of the City's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone, also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the;greatest.threat to the largest number
people, should a significant seismic event occur. The City's resources' would have to be
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller
single-dwellings and structures:
Other variables that may intensify the fire danger after a major seismic event include:
• The extent of the water system;
• The extent,of isolation due to bridge and/or freeway overpass collapse;
• The extent of roadway damage and/or amount.ofdebris blocking?the roadways;
• Climatic conditions (hot, dry weather with high winds);
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk to life during;normal business'hours;
• The availability of timely y,mutual.aid or assistance from neighboring departments, which
will likely have similar emergencies at the same,time; and
• The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.
Exhibit A to Ordinance
Page 3
Y
CONCLUSION
Local climatic, geological and topographic conditions impact' fire protection efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this,community.
Further, they inipact potential damage to all structures from earthquake and .subsequent fire.
Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
mitigate the effects of the above conditions.
Furthermore; California Health & Safety Code (CFI&SC) Section 17958.7 requires that the
modification or change to which findings refer be expressly marked and identified. Therefore,
the following table provides code sections that will be modified by this Ordinance which are
building standards as defined in CH&SC Section 18909, and the associated referenced
conditions for modification due to local climatic, geologic and topographical conditions.
Section Number Local Climatic, Geologic and Topographical Conditions
302.1.1 a, b, c
304.1.2.1 a, b
307.2.1.1 a, b, c
307.4.2.1 a, b, c
307.5 a, b, c
903.2.20.2 a, b,,c
903.2.20.3 a, b.'c
903.2.20.4 a. b; c
903.4.2 c
907.8.5.1 a, b,c
5001.5.3 Required by California state law
5609.1 a, b,c
Exhibit A to Ordinance
Page 4
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