HomeMy WebLinkAboutAgenda Bill 4.E 11/15/2010V . .
M- i a
6 6
Agevidc/Item # 4.E
DATE: November 15, 2010
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry B. An rson, Fire Chief and Cary D. Fergus, Interim Fire Marshal
SUBJECT: Introdu irs eading) of an Ordinance Repealing Chapter 17.20 of the
Petaluma Municipal Code and Adding a New Chapter 17.20 Adopting the
California Building Standards Code, Title 24, Part 9, the 2010 California Fire
Code, Based on the 2009 Edition of the International Fire Code
RECOMMENDA'T'ION
It is recommended that the City Council adopt the attached Ordinance Repealing Chapter 17.20
of the Petaluma Municipal Code and Adding a New Chapter 17.20 Adopting the California
Building Standards Code, Title 24, Part 9, the 2010 California Fire Code, Based on the 2009
Edition of the International Fire Code.
BACKGROUND
The Petaluma Fire Department last adopted the 2007 Fire Code, based on the 2006 International
Fire Code, on November 19, 2007. The 2010 California Building Standards Code, California
Code of Regulations (CCR), Title 24, was published in July, 2010 and becomes effective
automatically to all jurisdictions within California on January 1, 2011. 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, 2011, 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 Ordinance repeals all
prior provisions of the Municipal Code and replaces the chapters with a new numbering system
and 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 2009
and began reviewing the proposed International Fire Code, the California amendments, and
existing local City and County amendments. The intention of the Committee was to develop
Agenda Review:
City Attorney Finance Director City Manager
1
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 2010 California Fire
Code. Local changes and additions to the 2010 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% must
meet the requirements of new construction;
3. Clarification that alterations or repairs to buildings of more than 50% must meet
sprinkler requirements for new constructions.
4. Reiterated that an increased life safety hazard change in occupancy classification
requires meeting the fire sprinkler requirements for new construction;
5. Added defensible space requirements from neighboring buildings or structures;
6. Added visible alarm devices to exterior buildings for firefighter safety;
7. Added CalFire and REACO solar photovoltaic power system installations /standards
requirements be consistent with state and local standards;
8. Clarification of procedures for problematic and unreliable fire alarm systems;
9. Added "Stop Work Order Section" which is consistent with Building and
Enforcement Codes; and
10. Added countywide standards for building identification.
Sections of the 2010 California Fire Code that are left relatively unchanged from the previous
update (in 2007) refer to:
1. The Downtown sprinkler retrofit ordinance requirements; and
2. Safe and sane fireworks sales and use requirements.
As mentioned, these revisions are based on collaborative efforts between all fire agencies within
Sonoma County (County of Sonoma and 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 2010 California Fire Code. Exhibit A to the Ordinance outlines the local
conditions that justify the amendments.
Because of the Building Standards Commission's intent to adopt new International Codes, it is
necessary to take the existing local fire code ordinance (Chapter 17.20 of the Petaluma
Municipal Code) and repeal it completely. Repealing the old ordinance requires it to be re-
written 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 January 1, 2011. All plans
submitted before January 1, 2011 will be reviewed under the old code standards. Plans
submitted on or after January 1, 2011 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 amended
Ordinance.
ATTACHMENTS
Proposed Draft Ordinance (with Exhibit A).
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
ORDINANCE NO.
Introduced by
N.C.S.
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING CHAPTER 17.20 OF THE PETALUMA MUNICIPAL CODE
AND ADDING A NEW CHAPTER 17.20 ADOPTING THE CALIFORNIA BUILDING
STANDARDS CODE, TITLE 24, PART 9, 2010 CALIFORNIA FIRE CODE,
BASED ON THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
SECTION 1: Section 17.20 of the Petaluma Municipal Code, entitled "Fire Code," and
the underlying ordinances, are hereby repealed in their entirety.
SECTION 2: Pursuant to California Health and Safety "Code section 17958.7, the City
Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated herein
by reference, and finds that the amendments made in this ordinance to the California Building
Standards Code, Title 24, Part 9, 2010 California Fire Code, based on the 2009 Edition of the
International Fire Code, are reasonably necessary because of the local climatic, geological or
topographical conditions set forth in said Exhibit.
SECTION 3: Section 17.20.010 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.010 - ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE,
TITLE 24, PART 9, 2010 CALIFORNIA FIRE CODE, INCORPORATING
THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE
There is hereby adopted by the City of Petaluma for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire,
hazardous materials or explosion, that certain Code and Standards known as the
California Code of Regulations Title 24, Part 9, 2010 California Fire Code (CFC),
incorporating the 2009 Edition of the International Fire Code, including Appendix
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Chapters 4, B, C, D, E, F, G, H, I, and J published by the International Code
Council and the California Building Standards Commission, being particularly the
2010 Edition California Fire Code (CFC) and the whole thereof, .save and except
such portions as are hereinafter deleted, added or amended by this chapter. Not
less than one copy of said code has been and is now filed in the Office of the
Clerk of the City and the same is adopted and incorporated as fully as if set out at
length herein and the provisions thereof shall be controlling within the limits of
the City.
SECTION 4: Section 17.20.040 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.040 - Establishment of Fire Hazard Severity Zone(s) (FHSZ)
(a) Limits related to Chapter 49 of the California Fire Code Requirements for
Wildland -Urban Interface Fire Areas as amended and adopted by City of Petaluma.
Chapter 49 shall apply to all real property with newly constructed buildings within
the City of Petaluma located within the fire hazard severity zone as designated by
the Chief and the Fire Resources Assessment Program (FRAP) map published by
Cal Fire and as amended by the Chief. A map of such areas is maintained in the
office of the Fire Prevention Bureau.
SECTION 5: Section 17.20.050 of the Petaluma Municipal Code, entitled "Amendments
Made in the California Fire Code ", is hereby added to include the following additions,
amendments and deletions to the 2010 California Fire Code:
CHAPTER 1 -- SCOPE AND ADMINISTRATION
Section 101.1 is amended to read as follows:
101.1 - Title. This chapter shall be known as the "2010 California Fire Code ",
including the appendices and may be cited and referred to as such.
Section 102.3 is amended to read as follows:
102.3 - Change of Use or Occupancy. No change shall be made in the use or
occupancy of any structure that would place the structure in a different division of
the same group or occupancy or in a different group of occupancies, unless such
structure is made to comply with the requirements of this code, the California
Building Code as adopted by the City of Petaluma City Council (City Council), and
the International Building Code. Subject to the approval of the fire code official, the
use or occupancy of an existing structure shall be allowed to be changed and the
2
I structure is allowed to be occupied for purposes in other groups without conforming
2 to all the requirements of this code, the California Building Code as adopted by the
3 City Council, and the International Building Code for those groups, provided the
4 new or proposed use is less hazardous, based on life and fire risk, than the existing
5 use.
6
7 Section 102.7.1 is added to read as follows:
8
9 102.7.1 - Supplemental Rules, Regulations and Standards. The fire code official
10 is authorized to render interpretations of this code and to make and enforce rules
I 1 and supplemental regulations and to develop Fire Prevention Standards to carry out
12 the application and intent of its provisions.
13
14 Section 103.1.1 is added to read as follows:
15
16 103.1.1 - General. Where this code refers to the Department of Fire Prevention,
17 the division of the Fire Prevention Bureau will be inserted. Where this code refers
18 to Fire Code Official, the Fire Marshal will be inserted.
19
20 Section 104.3 is amended to read as follows:
21
22 104.3 - Right of Entry
23
24 (a) The Fire Chief, or his authorized representative in the performance of duties
25 herein prescribed, shall have the right to enter upon and into any and all premises
26 under his jurisdiction, at all reasonable hours for the purpose of inspecting the same
27 to determine whether or not the provisions of this code and all applicable laws or
28 ordinances pertaining to the protection of persons and property from fire, explosion
29 or exposure to hazardous materials are observed therein. Provided, however, that
30 an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of Civil
31 Procedure be first secured where entry is refused, except in an emergency situation.
32 No owner, occupant or any other person having charge, care or control of any
33 building or premises shall fail or neglect, after proper request is made as herein
34 provided to promptly permit entry therein by the Chief or his authorized
35 representative for the purpose of inspection and examination pursuant to this code.
IN
37 (b) The Fire Chief, and his duly authorized representative, shall have the
38 authority to enter any building, or premises for the purpose of extinguishing or
39 controlling any fire, performing rescue operation, investigating the existence of
40 suspected or reported fires, gas leaks or other hazardous conditions or taking any
41 other action necessary in the reasonable performance of their duty.
42
I Section 104.7.2 is amended to read as follows:
2
3 104.7.2 - Technical Assistance. To determine the acceptability of technologies,
4 processes, products, facilities, materials and uses attending the design, operation or
5 use of a building or premises subject to inspection by the Fire Marshal, the Fire
6 Marshal is authorized to require the owner or agent to provide, without charge to
7 the jurisdiction, a scope of work, technical opinion, and all the reports necessary to
8 verify compliance with the applicable codes and standards. The opinion and report
9 shall be prepared by a qualified engineer, specialist, and laboratory or fire safety
10 specialty organization acceptable to the Fire Marshal and shall analyze the fire
11 safety properties of the design, operation or use of the building or premises and the
12 facilities and appurtenances situated thereon, to recommend necessary changes.
13 The Fire Marshal is authorized to require design submittals to be prepared by, and
14 bear the stamp of, a registered design professional.
15
16 Section 104.11.4 is added to read as follows:
17
18 104.11.4 - Charges. The expense of securing any emergency that is within the
19 responsibility for enforcement of the Fire Chief as given in Section 104.11 is a
20 charge against the person who caused the emergency. Damages and expenses
21 incurred by any public agency having jurisdiction or any public agency assisting the
22 agency having jurisdiction shall constitute a debt of such person to the City and
23 shall be collectable by the Fire Chief for proper distribution in the same manner as
24 in the case of an obligation under an expressed or implied contract. Expenses as
25 stated above shall include, but not be limited to, equipment and personnel
26 committed and any payments required by the public agency to outside business
27 firms requested by the public agency to secure the emergency, monitor remediation
28 and clean up the site.
29
30 Section 105.1.4 is added to read as follows:
31
32 105.1.4 - New Materials and Permits. The Fire Chief and the Fire Marshal may
33 act as a committee to determine and specify any new regulated materials, and shall
34 establish processes or occupancies requiring permits in addition to those
35 enumerated in this code. The Fire Chief or designee shall post such list in a
36 conspicuous place in the office, and distribute copies thereof to interested persons.
37 Permits under this section shall be administered in accordance with Section 105.
38
39
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 105.6.8 ('fable 105.6.8) is amended to read as follows:
'fable: 105.6.8
Permit Amounts for Compressed Cases
Type of Gas
Amount
(cubic feet at NTP)
Corrosive
200
Flammable (except liquified petroleum gas)
200
Highly toxic
Any Amount
Inert and simple asphyxiant
2,000
Oxidizing (including Oxygen)
200
Pyrophoric
Any Amount
Toxic
Any Amount
Section 105.6.2.1 is added to read:
105.6.2.1 — Apartment, hotel, or Motel. An operational permit is required to
operate an apartment house, hotel, or motel.
Section 105.6.11.1 is added to read as follows:
105.6.11.1 - Day Care. An operational permit is required to operate a day care
facility with an occupant load of six (6) or more children.
Section 105.6.29.1 is added to read as follows:
105.6.29.1 - Model Rockets Rental, Sale or Operation. An operational permit is
required to operate, manufacture, import, export, possess, store, rent or sell model
rockets as defined Health and Safety Code Section 12519.
Section 105.6.39.1 is added to read as follows:
105.6.39.1 - Residential and Commercial Institutional Care Occupancy. An
operational permit is required to operate residential or commercial institutional care
occupancy. Occupancies complying with Health and Safety Code Section 13235
are exempt.
Section 105.6.39.2 is added to read as follows:
105.6.39.2 - Retail Sales of fireworks. An operational permit to engage in the
sales or distribution of state - approved fireworks is required.
5
6
I Section 105.7.6.1 is added to read as follows:
2
3 105.7.6.1 - Fixed Extinguishing System. A construction permit is required for
4 the installation of or modification to fixed extinguishing systems including but not
5 limited to cooking, protection of computers or other high value items or systems
6 other than fire sprinklers.
7
8 Section 105.7.10.1 is added to read as follows:
9
10 105.7.10.1 Medical Gas Systems. A construction permit is required to install a
11 medical gas system.
12
13 Section 105.7.11 is amended to read as follows:
14
15 105.7.11 - Private Fire hydrants and Underground Fire Main Installations.
16 A construction permit is required for the installation of any private fire hydrants
17 and /or underground fire main to supply fire hydrant(s) and /or fire sprinklers.
18
19 Section 108.1 is amended to read as follows:
20
21 Section 108.1 - Appeals
22 (a) Appeals. Whenever the Fire Chief disapproves an application or refuses
23 to grant a permit applied for, or when it is claimed that the provisions of the code
24 do not apply or that the true intent and meaning of the code have been
25 misconstrued or wrongly interpreted, the applicant may appeal from the decision
26 of the Fire Chief to the board of appeals, which is designated to be the board of
27 building review as heretofore established and appointed according to Chapter
28 17.08 of the Petaluma Municipal Code, within thirty (30) days from the date of
29 the decision appealed. The Fire Chief shall act as secretary of the board when it is
30 hearing appeals concerned with the Fire Code.
31 (b) Fireworks Booth Sales Permits. Notwithstanding Section (a), the
32 following appeals procedure shall apply exclusively to permits for Fireworks
33 Booths Sales under this Code. Any person aggrieved by a decision of the Fire
34 Chief, or his /her designee, to disapprove an application, refuse to grant a permit,
35 place conditions on a permit, or revoke a fireworks booth sales permit shall have a
36 right of appeal of the decision to the City Manager, or his /her designee. Such
37 appeal shall be taken by filing a written notice of appeal with the City Clerk
38 within ten (10) days of the date of the decision. The appeal shall set forth the
39 grounds for the appeal and the name and address of the person requesting the
40 appeal. A failure to file a timely and complete appeal shall render the decision
41 final and conclusive. The City Manager shall, within ten (10) days of the filing of
6
1
I the appeal, set a time and place for a hearing on the appeal'. The appeal shall be
2 set no less than five (5) days after the filing of the appeal and no more than sixty
3 (60) days after the filing of the appeal. The City Manager's determination
4 following the hearing shall be in writing and shall contain a statement of the facts
5 upon which the determination is based. The City Manager's determination shall
6 be sent first -class U.S. mail, postage prepaid to the person requesting the appeal,
7 not later than ten (10) days following the date of such determination. The
8 determination of the City Manager shall be final and conclusive. (Ord. 2175 NCS
9 §3, 2004: Ord. 1997 NCS §1 (part), 1995.)
H
11 Section 108.3 is deleted in its entirety.
12
13 Section 109.3 is amended as follows:
14
15 109.3 - Violation Penalties
1.6
17 (a) Any violation of the provisions of this section shall be a misdemeanor.
18 Notwithstanding the preceding sentence, a violation of the provisions of this
19 section may be charged and prosecuted as an infraction at the discretion of the
20 City Attorney's office or other enforcing authority.
21
22 (b) A person is guilty of a separate offense for each day during which he /she
23 commits, or continues or permits a violation of this chapter, or each time he /she
24 disobeys a valid order of an enforcement officer.
25
26 (c) Because of the serious threat of fire or injury posed by the use of
'27 "Dangerous Fireworks" that can result from persistent or repeated failures to
28 comply with the provisions of this code and the effect of such conditions or
29 activities on the safety and the use and enjoyment of surrounding properties and
30 to the public health, safety and welfare, this Article imposes liability upon the
31 owners of residential real property for all violations of this code existing on their
32 residential realproperty. Each contiguous use, display and /or possession shall
33 constitute a separate violation and shall be subject to a separate administrative
34 fine.
35
36 (d) Nothing in this section shall prohibit a court from imposing restitution
37 upon convicted of a violation of the provisions of this section.
38
39 (e) In addition to any other remedies available to the city under any applicable
40 state or federal statute or pursuant to any other lawful power the city may possess,
41 any violation of this chapter may be prosecuted or enforced as a nuisance and
42 enforced by a civil court action as provided in Chapter 1.13 of the Petaluma
10
I Municipal Code, or via administrative enforcement as a nuisance as provided in
2 Chapter 1.14 of the Petaluma Municipal Code as Chapters 1.13 and 1.14 may be
3 amended from time to time.
4
5 (f) Administrative Citation pursuant to Petaluma Municipal Code Chapter
6 1.16. In addition to any other remedies available to the city under any applicable
7 state or federal statute or pursuant to any other lawful power the city may possess,
8 any violation of this Chapter may be enforced by administrative citation pursuant
9 to Chapter 1.16 of the Petaluma Municipal Code as Chapter. 1.16 may be amended
1 -0 from time to time.
11
12 (g) Administrative Citation pursuant to Health & Safety Code Section 12557.
13 In addition to any other remedies available to the city under any applicable state
14 or federal statute or pursuant to any other lawful power the city may possess, any
15 violation of this Chapter may be enforced by administrative citation pursuant to
16 Health & Safety Code Section 12557 when a violation relates to the possession,
17 use, storage, sale and/or display of those fireworks classified as dangerous
18 fireworks as defined herein and /or the use of state - approved fireworks as defined
19 herein on or at dates, times and /or locations other than those permitted by this
20 ordinance.
21
22 1. The imposition of fines related to dangerous fireworks under this
23 section 109.3.G shall be limited to persons who possess, sell, use and/or
24 display, or to the seizure of less than 25 pounds (gross weight) of such
25 dangerous fireworks.
26
27
2. Fines collected pursuant to this section 109.3,G shall not be subject
28
to Health & Safety Code section 12706, which provides that certain fines
29
collected by a court of the state be deposited with,. and. disbursed by, the
30
County Treasurer. However, the city shall provide cost reimbursement to
3,1
the State Fire Marshal pursuant to regulations as adopted, or as may be
32
adopted by the State Fire Marshal addressing the State Fire Marshal's cost
33
for the transportation and disposal of dangerous fireworks seized by the
34
city, which costs will be part of any administrative fine imposed. Unless
35
and until such regulations have been adopted by the State of California,
36
the city shall hold in trust $250 or 25% of any fine collected, whichever is
37
greater; to cover the cost of reimbursement to the State Fire Marshal for
38
the cost of transportation and disposal of any dangerous fireworks seized
39
by the city.
40
41
3. Other than as expressly modified herein, enforcement of violations
42
by administrative citation pursuant to Health & Safety Code Section
8
1 12557 shall be subject to the provisions of Petaluma' Municipal Code
2 Chapter 1.16.
3
4 Section 109.4 is added to read as follows:
5
6 Section 109.4 - Authority to Issue Citations. The Fire Chief and members of
7 the Fire Prevention Bureau who have the discretionary duty to enforce a statute or
8 ordinance may, pursuant to Section 836.5 of the California Penal Code and
9 subject to the provisions thereof, arrest a person without a warrant whenever the
10 Fire Chief or member of the Fire Prevention Bureau has reasonable cause to
11 believe that the person to be arrested has committed a violation in the presence of
12 the Fire Chief or member of the Fire Prevention Bureau which he or she has
13 discretionary duty to enforce and to issue a notice to appear and to release such
14 person on his or her written promise to appear in court, pursuant to the provisions
15 of Section 853.5 et seq. of the California Penal Code.
16
17 Section 111.1 (Stop Work Order) is amended to read as follows:
18
19 111.1 - Order /Authority. Whenever the fire code official finds any work
20 regulated by this code, the Petaluma Municipal Code or the Zoning Ordinance
21 being performed in a manner contrary to the provisions of this code, without a
22 permit, beyond the scope of the issued permit, in violation of this code, the
23 Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or
24 unsafe, the fire code official is authorized to issue a stop work order.
25
26 Section 111.2 is amended to read as follows:
27
28 111.2 — Issuance. The stop work order shall be in writing and shall be posted in a
29 visible location near the location where the work is being conducted. 1f the owner
30 or owner's agent is not on site at the time of posting, a notice advising the reasons
31 for the stop work order issuance shall be hand delivered or mailed first -class to
32 the owner of the property involved, or to the owner's agent, ,or to the person doing
33 the work. Upon issuance of a stop work order,. the cited, work shall immediately
34 cease. The stop work order shall state the reason for the order, the conditions
35 under which the cited work will be permitted to resume, and the name and contact
36 information of the official or agency issuing the order.
9YA
38 Section 111.3 is amended to read as follows:
39
40 111.3 - Emergencies[Unlawful Continuance. Where an emergency exists, the
41 fire code official shall not be required to give written notice prior to stopping
42 work. Any person who continues to engage in any work after having been served
9
1 _
I with a stop work order, except such work as that person is directed to perform to
2 remove a violation or unsafe condition, shall be guilty of a misdemeanor.
3
4 Section 111.4 is amended to read as follows:
5
6 111.4 - Failure to Comply. Any person who shall continue any work after
7 having been served with a stop work order, except such work as that person is
8 directed to perform to remove a violation or unsafe condition, shall be subject to
9 the penalty provisions of the City of Petaluma Municipal Codes or state law.
10
11 Section 111.4.1 is added to read as follows:
12
13 111.4.1 - Removal of Posted Stop Work Order. Any person who removes a
14 posted stop work order without written consent of the fire code official shall be
15 guilty of a misdemeanor.
16
17 Section 111.4.2 is added to read as follows:
18
19 111.4.2 - Response Required. Violators receiving a stop work order are required
20 to respond to the Fire Prevention Bureau within two (2) business days of the
21 issued notice to receive instructions on how to rescind the order.
22
23 Section 111.4.3 is added to read as follows:
iz!
25 111.4.3 - Permit Application Required. A fire permit application must be
26 submitted for approval within fifteen (15) working days following response to the
27 Fire Prevention Bureau. Plans will be reviewed and correction letters issued or
28 permit application approved within fifteen (15) working days of receipt by the
29 Fire Prevention Bureau. A response to any correction letter must be submitted
30 within fifteen (15) working days of the date of the correction letter. Five working
31 days will be required to review this second submission and a permit approved for
32 issuance. Permits ready for issuance must be issued within five (5) working.days
33 thereafter. All construction must be inspected as work progresses and signed off
34 by all (affected) departments within sixty (60) days of permit issuance.
35
36 Section 111.4.4 is added to read as follows:
38 111.4.4 - Fee. An additional fee of five times the permit fee shall be added to each
39 permit subject to a stop work order.
40
41
10
I CHAPTER 2 -- DEFINITIONS
2
.3 Section 202 is hereby amended to add the following definitions:
4
5 202 - General Definitions
6
7 Affiliated Organization. For purposes of this Article, shall be presumed to be the
8 following:
9
10 i. Organizations incorporated under the same charter or organization
11 and their auxiliaries if the auxiliary is incorporated under the same charter;
12 ii. Organizations sharing the same officers and /or place of meetings
13 and /or national parent organization;
14 iii. Subdivisions and/or fractional divisions however named or
15 delineated of organizations;
16 iv. Sub - organizations, one of whose primary purpose is to provide
17 financial and/or manpower support to a parent nonprofit organization.
18 However, different organizations affiliated with and officially recognized by any
19 elementary, junior high and /or high school and /or school district that serves, in
20 whole or in part, the residents of the City of Petaluma or any public or private
21 community college, college and /or university located within the boundaries of the
22 City of Petaluma shall not be presumed to be "affiliated organizations" unless it
.23 can be shown that they serve the same interest area or concern. (i.e., boosters of
24 high school football and boosters of high school basketball would be presumed to
25 be two different, non - affiliated organizations).
lut
27 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as
28 defined in Health and Safety Code sections 12505 and 12561 and the relevant
29 sections of Title 19, California Code of Regulations, Subchapter 6, which are
30 hereby incorporated by reference.
31
32 Fireworks Booth. Fireworks booth shall mean any building, counter, or other
33 structure of a temporary nature used in the sale, offering for sale, or display for
34 sale of "Safe and Sane Fireworks."
35
36 Nonprofit Organization. For the purposes of this Chapter, nonprofit organization
37 shall mean any nonprofit association, charity or corporation organized primarily
38 for veterans, patriotic, welfare, civic betterment, educational, youth development
'39 or charitable purposes pursuant to Internal Revenue Code Sections 501 (c) 3, 4, 6,
40 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or which has been issued
H
I a tax - exempt certificate as required under the Revenue and Taxation Code of the
2 State of California; or a group which is an integral part of a recognized national
3 organization having such tax - exempt status; or a nonprof t `organization affiliated
4 with and officially recognized by an elementary, junior high and /or high school
5 and/or school district that serves, in whole or in part, the residents of the City of
6 Petaluma or public and /or private community college, college and /or university
7 which is located within the boundaries of the City of Petaluma.
8
9 Person. Person shall mean a natural person or a legal entity that is also an owner,
10 tenant, lessee and /or other person with any right to possession or control of the
11 property where a violation of this code occurred.
12
13 Piccolo Pete - Type Fireworks. Piccolo Pete -type fireworks are "safe and sane
14 fireworks" as defined in. Health and Safety Code Section 12529 and 12562 and the
15 relevant sections of Title 19, California Code of Regulations, Subchapter 6, which
16 are hereby incorporated by reference. "Piccolo Pete -type fireworks" are also
17 known and sometimes referred to and /or labeled as, and/or have substantially the
18 same appearance and. discharge characteristics as, but are not limited to: "Piccolo
19 Pete," "Whistle Pete," "Hite Siren," "Whistling Phantom," "Screaming Willy,"
20 and "Whistling Pete."
21
22 Principal sand Permanent Meeting Place. Principal and permanent meeting
23 place shall mean a permanent structure, playing field, geographic area or service
24 population which resides in or is located within the City of Petaluma.
25
26 Public Display of Fireworks_. Public display of fireworks shall mean an
27 entertainment feature where the public is admitted or permitted to view the
28 display or discharge of fireworks by a licensed pyro- technician.
29
30 Qualified Applicant. Qualified applicant shall mean any group or organization
31 which has met all of the following criteria for a continuous period of not less than
32 one full year preceding submittal of an application for a permit to sell required by
33 this Chapter and which continues to meet the criteria for the duration of any
34 permit to sell issued by the City of Petaluma pursuant to this Chapter. A nonprofit
35 organization as defined in this Chapter:
36
37 i. The organization must have its principal and permanent meeting
38 place within the City;
39 ii. The organization must be one which provides direct and regular
40 community services and benefits to the residents of the City;
12
1 iii. The organization must have a minimum bona fide membership of
2 at least twenty (20) members who either reside, in'the City, are employed
3 in the City, or are owners or operators of a business or other establishment
4 located in the City;
5 iv. Neither the organization nor any of its officers and/or officials
6 have been found by any court or city administrative process to be in
7 violation of any civil or criminal local, state or federal law relating to
8 fireworks within twenty -four calendar months prior to the organization's
9 submittal of an application for a permit to sell;
10 V. The organization has not had a permit to sell fireworks revoked
11 within twenty -four months prior to the organization's submittal of an
12 application for a permit to sell.
13
14 Responsible Person. Responsible person shall mean a person who causes a
15 violation of this Chapter to occur or allows a violation to exist or continue, by his
16 or her action or failure to act, or whose agent, employee or independent contractor
17 causes a violation to occur, or allows a violation to exist or continue. There is a
18 rebuttable presumption that the record owner of a residential parcel, as shown on
1.9 the county's latest equalized property taxes assessment rolls and a lessee of a
20 residential parcel has a notice of any violation existing on said property. For
21 purposes of this Chapter, there may be more than one responsible person fora
22 violation. Any person, irrespective of age, found in violation of any provision of
23 this Chapter may be issued a citation in accordance with the provisions of this
24 Chapter. Every parent, guardian or other person, having the legal care, custody or
25 control of any person under the age of eighteen (18) years, who knows or -
26 reasonably should know that a minor is in violation of this Chapter, may be issued
27 a citation in accordance with the provisions of this Chapter, in addition to any
28 citation that may be issued to the offending minor.
29
30 State- Approved Fireworks. State: approved fireworks shall mean "safe and
31 sane" fireworks as defined in Health and Safety Code sections 12529 and 12562
32 and the relevant sections of Title 19, California Code of Regulations, Subchapter
33 6, which are hereby incorporated by reference. State - approved fireworks are also
34 known, and sometimes referred to, as "safe and sane fireworks".
Mi
36 CHAPTER 3 — GENERAL PRECAUTI ®NS AGAINST FIRE
37
38 Section 304.1.2.1 is added to read as follows:
39
40 304.1.2.1 - Defensible Space- Neighboring Property. Persons owning, leasing,
41 or controlling property within areas requiring defensible spaces are responsible
13 y
t�
I for maintaining a defensible space on the property owned, leased or controlled by
2 said,person, within a distance of not less than thirty feet 30')'(91.467 m) from
3 any neighboring building or structure. Distances maybe modified by the Fire
4 Code Official because of a site - specific analysis based on local conditions.
5
6 CHAPTER 5 — FIRE SERVICE FEATURES
7
8 Section 501.1 is amended to read as follows:
9
10 501.1 - Scope. Fire service for buildings, structures and premises shall comply
11 with this chapter. This section applies to residential and commercial
12 developments. Single family. residential projects in approved rural areas shall
13 comply with the Fire Safety Standards. Design and construction shall be in
14 accordance with the following sections, unless otherwise authorized by the Fire
15 Code Official in accordance with Section 104.9 - Alternative Materials and
16 Methods.
17
18 Section 502.1 is hereby amended to include the following definitions:
19
20 Fire Apparatus Access Road. A road that provides fire apparatus access from a
21 fire station to a facility, building or portion thereof. This is a general term
22 inclusive of all other terms such as fire lane, public street, private street, and
23 parking lot lane and access roadway. Public streets may be defined by the
24 standards of the local agency having jurisdiction over the project.
25
26 Floor Area. The floor area used for calculating the required fire flow shall be the
27 total floor area of all floor levels within the exterior walls of a structure that are
28 under the horizontal projection of the roof, except as modified in Appendix
29 Section B 104 of the 2010 California Fire Code.
30
31 Section 503.2.6 is amended to read as follows:
32
33 503:2.6 Bridges and Elevated Surfaces. Where a bridge or an. elevated surface
34 is part of a fire apparatus access road, the bridge shall be constructed and
35 maintained in accordance with the American Association of State Highway and
36 Transportation Officials (AASHTO) Standard Specifications. Bridges and
37 elevated surfaces shall be designed for a live load sufficient to carry the imposed
38 loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
39 bridges when required by the Fire Code Official. Where elevated surfaces
40 designed for emergency vehicle use are adjacent to surfaces which are not
41 designed for such use, approved barriers, approved signs or both shall be installed
42 and maintained when required by the Fire Code Official.
43
14
l-7
Section 503.2.6.1 is added to read:
503.2.6.1 - Evaluation. All. existing private bridges and' elevated surfaces shall
be evaluated by a California licensed civil engineer experienced in structural
engineering or a California licensed structural engineer, for the. purposes of safety
and weight rating, and the vehicle load limits shall be posted at both entrances to
bridges. Theses evaluations shall be performed at the direction of the Fire
Marshal.
Section 503.2:6.2 is added' to read:
503.2.6.2 Bridge, Maintenance. All new and existing bridges and elevated
structures providing emergency access shall be routinely evaluated and
maintained in accordance with the American Association of State Highway and
Transportation Officials ,(AASHTO) Manual: "The Manual for Bridge
Evaluation ", First Edition 2008, published by the American Association of State
Highway and Transportation Officials; or other approved standard.
Section 503.2.7.1 is added to read as follows:
503.2.7.1 - Grade Angles. The maximum allowable grade for driveways and
roadways used for fire apparatus access is twelve percent (12%). Special
allowances up to a maximum of eighteen percent (18 %) may be granted with the
approval of the Fire Marshal and City Engineer. For driveways not required for
fire apparatus access provisions for increases in the grade can comply with
Article 20 -411 of the Petaluma Zoning Ordinance.
Section 505.1 is. amended, to read as follows:
505.1 - Address Identifieation. New and existing buildings shall be provided
with approved illuminated address numbers or letters. They shall be installed on a
contrasting background and be plainly visible from the street or road froriting the
property. Address numbers shall be Arabic numerals or alphabetic letters. Where
access is by means of a private road and the building cannot be viewed from the
public way, a monument, pole, or other approved sign or means shall be used to
identify the structure. Address identification shall comply with Fire Department
Standards.
15
l
2
�3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 505.1.1 is added to read 'as follows:
505.1.1 - One and Family Dwellings. Numbers for one and two - family
dwellings shall be a minimum of four inches'(4 ") (101.6mrn) high with a
minimum stroke width of 0.5 inches (12.7 mm).
Section 505.1.2 is added to read as follows:
505.1.2 - Numbers for Other Than One and Two- Family Dwellings. Numbers
for other than one and two- family dwellings shall be a minimum of twelve inches
(12 ") high with a minimum stroke width of one inch (P). Suite and unit
directional numbers shall be a minimum of six inches (6 ") in height with a
minimum stroke width of 0.75 inches. Individual unit numbers shall be a
minimum of four inches (47 in height with a minimum of strike with of 0.5
inches."
Section 505.1.3 is added to read as follows:
505.1.3 Complex Directory. Where two (2) or more buildings are set back off
the street in excess of one hundred fifty feet (.150') or when required by the Fire
Code Official, an approved illuminated complex directory shall be provided at the
main entrances to the property.
Section 506.1 is amended to read as follows:
Section 506.1 - Key Boxes. When access to or within a structure or area is
determined to be unduly difficult by the Fire Code Official because of secured
openings (doors or gates), or due to the presence of hazardous materials or fire
protection systems .a key box shall be required to be installed at an accessible
location. The key box shall be an approved type and contain those keys necessary
to gain access.
Section 507.3.1 is added to read as follows:
507.3.1 - Adequate Water Supply. Minimum fire flow for buildings shall be
calculated as specified in California Fire Code Section B 10 5 of Appendix B
"Fire -Flow Requirements for Buildings ". If building fire flow calculations cannot
be made at the time of project submittal, the following fire flows shall apply.
When the building fire flow calculations are submitted, these flows shall be
adjusted in accordance with Appendix B:
16
1 ® Single and Two Family Residential: 1,500 GPM
2 ® Commercial, Industrial, Schools and Multi - family Residential: 2,500
3 GPM
4 Fire flows for single - family dwellings may be reduced to the minimum flow as
5 permitted by Appendix B so long as the residual pressure shall be a minimum of
6 twenty pounds (20 lbs) per square foot available for firefighting.
7
8 Section 507.5 is amended to read as follows:
9
10 507.5 - Fire Hydrant Systems. Fire hydrant systems shall comply with Sections
11 507.5.1 through 507.5.6 and Appendix C as amended.
12
13 Section 507.5.1 is amended to read as follows:
14
15 507.5.1 - Where Required. Where a portion of the facility or building hereafter
16 constructed or moved into or within the jurisdiction is more than 150 feet (45.179
17 m) from a hydrant on a fire apparatus access road, as measured by an approved
18 route around the exterior of the facility or building, on -site fire hydrants and
19 mains shall be provided where required by the Fire Code Official.
20
21 Section 507.5.1 the exception is deleted.
22
23 Section 507.5.1.1 is added to read as follows:
24
25 507.5.1.1 - Additional Requirements.
26 (a) Upon review of site conditions by the Fire Department, fire hydrant
27 spacing requirements may be reduced or modified. Fire hydrants shall be placed
28 along all adjoining public and private streets and Fire Department access drives.
29 (b) Divided streets shall have hydrants located as required by the Fire Code
30 Official on both sides of the street, and they shall be staggered to prevent a
31 hydrant being placed directly across the divided street from another hydrant.
32
33
34
35
(c) Types of Hydrants: Hydrants shall conform to the City of Petaluma Sewer
and Water Design, and Construction Standards.
I CHAPTER 6 -- BUILDING SERVICES AND SYSTEMS
2
3 Section 605.11 is 'added to read as follows:
4
5 605.11 - Solar Photovoltaic Systems. Photovoltaic power systems shall be
6 installed in accordance with this code, the California Building Code, California
7 Electrical Code and Petaluma Fire and Building, Departments Standard for
8 Installation of Photovoltaic Power Systems.
9
10 CHAPTER 7 — FIRE- RESISTANCE -RATED CONSTRUCTION
11
12 Section 705 is added to read as follows:
13
14 705 - Repair of Breaches of Non -Rated Walls /Ceilings in Fire Zone 1.
15 Breaches, openings, holes or other broken wall and ceiling areas. in buildings in
16 Fire Zone 1 (generally defined as the downtown business district) as defined in
17 Section 17.22 of the Petaluma Municipal Code shall be repaired, restored or
18 replaced when damaged, altered, breached, penetrated, reinoved or improperly
19 installed. Openings/breaches can be repaired with like material such as lath and
20 plaster, sheetrock, plywood or other reasonable barrier'. The intent of this Section
21 is to close openings /breaches to limit the spread of fire and products of
22 combustion in the downtown business district.
23
24 CHAPTER 9 – FIRE PROTECTION SYSTEMS
25
26 Subsection 901.7.6.1 is added to read as follows:
27
28 901.7.6.1 - Problematic and Unreliable Fire Alarms. The Fire Chief may
29 determine a fire alarm to be unreliable upon receipt of more than three (3) false
30 alarms within a twelve -month period. Upon making such a finding, the Fire Chief
31 may order the following:
32 (a) For any nuisance alarm where the system is not restored, the Fire Chief
33 may require the system owner to provide standby personnel or take such other
34 measures, as the Fire Chief deems appropriate. Such measures shall remain in
35 place until a fire department approved fire alarm maintenance firm certifies in
36 writing to the Fire Chief that the alarm system has been restored to a reliable
37 condition.. The Fire Chief may require such tests as he deems necessary to
38 demonstrate the adequacy of the system.
39
40 (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma
41 Fee Ordinance.
42
18
I Section 903.2 is amended to read as follows:
2
3 903.2 - Where Required. Approved automatic sprinkler systems in new
4 buildings and structures shall be provided in, locations described in this section.
5, Additional local requirements are described in Sections 903.2.1 through 903.2.18
6 and may supersede the following requirements. The most restrictive requirement
7 shall apply.
8
9 Section 903.2.19 is added to read as follows:
10
11 903.2.19 - Local Fire Sprinkler System Requirements.
12
13 Section 903:2.19.1 is added to read as follows:
14
15 903.2.19.1. - System Requirements. An approved automatic fire sprinkler
16 system shall be installed and maintained in all newly constructed buildings.
17 Exceptions
18 1. Detached Group U occupancies one thousand square feet (1,000' sq.) or
1:9 less. Agricultural buildings and private riding arenas as approved by the Fire
20 or Building Code Official.
21 2. Detached pool houses up to one thousand square feet (1,000' sq.) in floor
22 area within fifty feet (50') of the pool and limited to a single bathroom.
23 3. Detached non - combustible motor vehicle fuel dispensing canopies
24 classified as a Group M occupancy.
25 4. A room above a detached garage used for storage only that does not
26 contain a bathroom, cooking or refrigeration facilities.
27 5. Detached carports of noncombustible construction with non - habitable
2.8 spaces above.
29 6. Detached Group B or M occupancies five hundred square feet (500' sq
30 or less.
31
32
33
34
35
36
37
38
39
Section 903.2.19.2 is added to read as follows:
903.2.19:2 - .Additions - Residential. Additions to existing residential buildings
that increase the total square footage of existing floor area by fifty percent (50 %)
or greater ,shall meet the requirements for a newly constructed building. All
additions to residential buildings with an existing approved automatic sprinkler
system shall be required to extend the sprinkler system into the addition.
19
OU
H
1 Section 903.2.19.3 is added to read:
2
3 . 903.2.19.3 - Additions - 'Commercial and Multi - Family Additions. Additions
4 to existing commercial buildings that increase the'l total square footage of existing
5 floor area by twenty -five percent (25 %) or greater shall meet the requirements for
6 a newly constructed building. All additions to commercial buildings with an
7 existing approved automatic sprinkler system shall be required to extend the
8 sprinklers into the addition.
9
10 Section 903.2.19.4 is added to read as follows:
11
12 903.2.19.4 - Remodels, Alterations, or Repairs. For alterations or repairs to
13 existing building(s) involving demolition, removal, or repair of more than fifty
14 percent (50 %) of the structure, the building shall meet the automatic fire sprinkler
15 requirements for a newly constructed building.
16
17 Exceptions Alterations or additions made solely for the purpose of complying
18 with the American's with Disabilities Act.
19
20 Section 903.2.19.5 is added to read:
21
22 903.2.19.5 - Changes of Occupancy. When any change of occupancy occurs
23 where the proposed new occupancy classification is more hazardous based on fire
24 and life safety risks as determined by the Fire Code Official, 'including, but not
25 limited to, the conversion, of residential buildings to condominiums the building
26 shall meet the fire sprinkler requirements for a newly constructed building.
27
28 Section 903.2.19.6 is added to read:
29
30 903.2.19.6 Residential Conversions and Additions. Fire sprinkler systems
3 shall `be installed in all single - family dwellings that are converted to duplexes
32' and/6vinulti- family dwellings, bed and breakfasts, inns, lodging houses, or
33 similar ,uses. All additions to residences with an existing sprinkler system shall be
34 required to extend the sprinkler system into the addition. Existing residences in
35 which an addition is constructed and no fire sprinkler system has been previously
36 installed will not be required to install a sprinkler system in either the existing
37 structure or the addition.
38
'39 Section 903.2.19.7 is added to read as follows:
40
41 903.2.19.7 - Elevation of Existing Buildings. An automatic fire extinguishing
42 system shall be installed throughout all existing buildings'when the building is
20
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
elevated to: three (3) or more stories, or more than thirty -five feet (35') in height,
from grade to the exposed roof.
Exceptions An !automatic fire- extinguishing system need not be provided when the
area, above thirty -five feet (35') is provided for aesthetic purposes only and is a non -
habitable space.
Section 903.2.1'9.8 is added to read:
903.2.19.8 Installation of Automatic Fire Sprinklers in Pre - Existing
Buildings (Historic Downtown Business District).
(a) Geographic Boundary- Historic Downtown Business District: For the
purposes of this section„ the Historic Downtown Business District shall include all
buildings located inside .the geographic area generally formed by Kentucky Street
to the west, Washington Street to the north, the Petaluma River to the east, and B
Street to the south. Also included in this section is 201 Washington Street
(Phoenix Theater) and 132 Keller Street (formerly Tuttle Drug), as more
particularly described in Figure 1003.2.12.
', i .•j f ly,;
i as
fir°
\ ¢ t
20
Figure 1003.2.12
(b) Installation. Requirements: An automatic sprinkler system conforming to
the Standard for the Installation of Sprinkler Systems (NFPA13) shall be installed
in all existing buildings in the Historic Downtown Business District in accordance
with the following criteria:
Kentucky Street and Western Avenue:
a. In any building wherein a change of occupancy occurs.
21
I b. Tn any_building or occupancy where the square _footage of-the
-2, building or occupancy is increased or alterations to the
3 structure are made pursuant to Section 903.2.19.3, Section
4 903.2.19.4, Section. 903.2.1:9.5, Section 903.2.19.6, Section
5 903.2.1.9.7 and Section 903.2.19.8 of this ordinance.
6 c. All buildings with basements or space below street grade used
7 for storage, business, or public use shall have automatic fire
8 sprinklers installed within the basements or the below street
9 grade areas no later than December 31, 2010.
10 d. All buildings not meeting the criteria of (a) or (b) above shall
11 have automatic fire sprinklers installed throughout the
12 structure, including all public, private, storage and /or
13 concealed spaces, as defined by the Standard for the
14 lnstallation of Sprinkler Systems (NFPA13) by no later than
15 December 31, 2016.
16 (2) Petaluma Boulevard North: Automatic fire sprinkler requirements
17 shall not become effective until the City of Petaluma installs an
18 appropriate sized water main and laterals to the curb lines similar to the
19 main previously installed on Kentucky Street and Western Avenue. Upon
20 notice by the City of such installation, an automatic sprinkler system
21 conforming 'to the Standard for the Installation of Sprinkler Systems
.22 (NFPA -13) shall 'be installed according to the following criteria:
23 a. In any building wherein a change of occupancy occurs.
24 b. In any building or occupancy where the square footage of the
25 building or occupancy is increased or alternations to the
26 structure are made pursuant to Section 903.2.19.3, Section
27 9012.19.4, Section 903.2.19.5, Section 903.2.19.6, Section
28 903.2.19.7 and Section 903.2.19.8 of this ordinance.
29 c. All buildings with basements or space below street grade used.
30 for storage, business or public use shall have automatic fire
31 sprinklers installed within the basements or the below street
32 grade areas, no later than December 31 of the year that is six
33 (6) years from the date of the water main installation.
34 d. All buildings not meeting the criteria of (a) or (b) above shall
35 have automatic fire sprinklers installed throughout the
36 structure,. including all public, private, storage and /or concealed
37 spaces, as defined by the Standard for the Installation of
38 Sprinklers (NFPA -13), no later than .December 31 of the year
22
. �J
1 that is twelve (12) years from the date of the water main
2 installation.
3 e. Property Owner's.Responsibility for System Installation:
4 (1) The - Property Owner shall. be responsible for installation
5 of the lateral service from the curb line into the
6 building. This also includes isolation, check or other
7 valves or devices, as applicable.
8 (2) The Property Owner shall be responsible for the
9 installation of the automatic fire sprinkler system
10 according to the Standard for the Installation of
11 Sprinkler Systems (NFPA -13).
12 f. Plans and Specifications: Plans and Calculations (NFPA -13,
13 Chapter 8) for the service lateral and fire. sprinkler system shall
14 be submitted to and approved by the Fire Prevention Bureau
15 prior to installation of equipment and materials.
16 (1) For the Kentucky Street installations that are required
17 on or before December 31, 2010 or December 31, 2016,
1.8 all Plans and Calculations for service lateral and
19 sprinkler systems shall be submitted no later than June
20 30, 2010 or June 30, 2016 respectively, with installation
21 and approval of work to occur prior to December 31,
22 2010 or December 31, 2016 respectively.
23 (2) For Petaluma Boulevard North installations that occur
24 in the last year of the six (6) or twelve (12) year
25 deadline (when established) after the installation of the
26 water main by the City of Petaluma, Plans and
27 Calculations shall be submitted in that last year no later
28 . than June 30 of that year, with installation and approval
29 of work to occur prior to December 31 of that last year.
30
31 Section 903.3 is amended as follows
32
33 903.3 - Installation Requirements. Sprinkler systems shall be designed and
34 installed in accordance with NFPA 13; NFPA 13R (if approved by the Fire Code
35 Official); and NFPA 13D. Pursuant to Section 102.7.1 and Section 105.1.4 the
36 Fire Code Official may require additional sprinkler coverage to mitigate certain
37 conditions such as access or water supply issues.
38
39
23
p� VJ
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20'
21
2`2
23
24
25
26
27
28
29
30
31
32
33
34
Section 903.3.1 i's amended to read:
903.3.1 Design Criteria. Fire sprinkler systems .installed in buildings of
undetermined use shall be designed and installed to have a. design density of .33
gallons per minute per square foot over a minimum design area of three thousand
square feet (3,000' sq.). Where a subsequent occupancy change requires a system
with greater capacity, it shall be the building owners' responsibility to upgrade the
system to the required density and meet any additional requirements of the Fire
Code at the time of such change.
Section 903.3.7 is amended to read as follows:
903.3.7 - Fire Department Connections. The location of fire department
connections (FDC's) shall be approved by the Fire Code Official. Approved
locking caps shall be on all newly installed FDC's and on any existing
FDC's found to be vandalized.
Section 903.4 is amended to read as follows:
903.4 - Sprinkler System Monitoring and Alarms. Except for Group R,
Division 3 Occupancies, all valves controlling the water supply for automatic
sprinkler systems, pumps, tanks, water levels, temperatures, critical air pressure,
and water flow switches shall be electronically supervised. Valves when used for
standpipes are excluded from this provision unless required by the Fire Code
Official.
Section 903.4.2 is amended..to read as follows:
903.4.2 - Alarms. One (1) exterior approved audible and visual device shall be
connected to every lautornatic fire sprinkler system in an approved location. Such
sprinkler waterflow alarm devices shall be activated by waterflow equivalent to
the flow of a single sprinkler of the smallest orifice size installed in the system.
Where a building fire alarm system is installed, actuation -of the automatic fire
sprinkler system shall actuate the building fire alarm system.
Every new commercial fire alarm system installed as a sprinkler system
monitoring alarm shall also function for the purpose of evacuation, including
those systems activated solely by fire sprinkler systems, so that occupants.of the
building shall be notified audibly and visually within each suite or building
division. A minimum of one (1) device shall be located in each major suite as
determined by the Fire Marshal or building division in a normally occupied
location.
24
I Section. 905.3.1 is amended to read as follows:
2
3 905.3.1 - Building. Height. Class I standpipes shall be installed in buildings three
4 stories or over in height and /or if, in the opinion of the Fire Chief, a hazard or
5 condition exists in which the installation of standpipes would improve firefighting
6 operations. Standpipes will be provided with approved outlets provided on each
7 floor level, including the roof when roof access is provided.
8
9 Section 905.9 Exception 2 is deleted.
10
11 Section 907.9.6 is added to read as follows:
12
1.3 907.9.6 - False Fire Alarms. Owners of properties with a fire alarm system shall
14 maintain the system in accordance with section 907.9.5. False alarm fees shall be
15 assessed per the current adopted fee schedule.
16
17 CHAPTER 27 — HAZARDOUS MATERIALS
18
19 Section 2701.5.3 is added to read as follows:
20
21 2701.5.3 - Electronic Reporting. All Hazardous Material Management Plans
22 (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be
23 submitted electronically as required by the Fire Code Official.
24
25 Section 2703.3:1 is amended to read as follows:
26
27 2703.3.1 - Unauthorized Discharges. Any suspected or actual hazardous
28 material, as defined by'this `code, including any actual carcinogen, which escapes
29 into the environment through an unauthorized release shall be reported to the Fire
30 Chief immediately upon discovery, regardless of whether°the.release occurs on or
3`1 off the site of the permitted facility and the following procedures required in
32 accordance with Sections 2703.1.1.1 through 2703.3.1.4 shall be followed.
33
34 CHAPTER 33 — EXPLOSIVES AND FIREWORKS
35
36 Section 3310 is 'added to read as follows:
37
38 3310 - Fireworks. Except as hereinafter provided, it shall be unlawful for any
39 person to possess, store, offer for sale, expose for sale, sell at retail, or use or
40 explode any dangerous fireworks or explode any rocket, firecracker, Roman
41 candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core sparkler,
25
�8
I black cartridge, or other combustible device or explosive substance, or any kind
2 of fireworks or dangerous fireworks by whatsoever name known within the City
3 of Petaluma; provided that the Fire Chief shall.have power to adopt -reasonable
4 rules and regulations for the granting of permits for supervised public displays of
5 fireworks by a public agency, fair association, amusement park or other
6 organization or for the use of fireworks by artisans in pursuit of their trade. Every
7 such use or display shall be handled by a competent operator approved by the Fire
8 Chief, and shall be of such character and so located, discharged or fired as in the
9 opinion of the Fire Chief, after proper investigation, not to be hazardous to
10 property or endanger any person.
11
12 Exceptions: State - Approved Fireworks: It shall not be unlawful to possess or
13 sell, within the city, state- approved fireworks and /or safe and sane fireworks as
14 defined herein.
15
16. This section shall not apply to persons, businesses or entities licensed by the State
17 Fire Marshal as a wholesaler and/or import/export concern to legally possess or
18 sell fireworks, including those prohibited by this section within the city for the
19 primary purpose of sale and distribution outside the city.
20
2.1 Notwithstanding any provision of this code, the. City Council, upon advice of the
22 Fire Chief, may in any given fireworks sales year prohibit the sale and use of
23 state - approved fireworks and /or safe and sane fireworks when it is determined
24 that conditions exist in the City, including but not limited to fire weather events,
25 fuel moisture, drought, limitations on available firefighting forces and /or other
26 condition, that create an extreme danger to the public health and safety and /or life
27 and property of the residents, businesses and visitors of the city.
28
29 3310.1 - Fireworks — Conditions of Sales
30
31 (a) It is unlawful for any person, firm, corporation, association, or
32 organization to sell or offer for sale any fireworks within the City, except as,.
33 expressly permitted by this ordinance.
34
35 (b) Time of Sale. Subject to the provisions of the State Fireworks Law
36 (California Health and Safety Code, Division 11, Part 2, Chapters 1 -7, Health and
37 Safety Code Sections 12500- 12801), and the provisions of this code, state -
38 approved fireworks, as defined in Section 12504 of the California Health and
39 Safety Code, may be sold within the city between the hours of 10:00 a.m. and
40 9:00 p.m. on July 1 st, July 2nd, July 3rd and July 4th. Pyrotechnic displays may
41 deviate from these restrictions subject to applicable provisions of the California
26 q
1
I �
..
2.
3
4
5
6
7
8
9
10
11
1'2
13
14
15
1.6
17
18.
19
20
21
22
23
24
25
26
27
28
29
30
3:1
32
33
34
35
36
37
38
39
40
41
Health and Safety Code; and provid'ed they are approved by'the Fire Chief or his
designated representative.
(c) Permit Required. No person, firm, corporation, association, or
organization shall sell fireworks within the City unless they are a qualified
applicant and /or affiliated organization of a qualified applicant as defined in this
Chapter and have first obtained. a permit therefore. Issuance of the permit shall
fulfill all municipal licensing requirements and fire safety conditions outlined by
the Fire Department. All permit applications shall be received in the Fire
Marshal's office by no later ihan the last day of May each year. No person, firm,
corporation, association or other organization, other than the qualified applicant or
its authorized representatives shall operate the booth for which the permit is
issued or share or otherwise participate in the profits of the operation of such
booth.
In addition to any fees established by resolution of the City Council for permit
application, processing, inspection and/or business licenses for any wholesale or
retail sales of state - approved fireworks, any qualified applicant for a permit for
wholesale sales of state- approved fireworks shall pay a non - refundable "Public
Education and Compliance" fee, in an amount to be established by resolution of
the City Council, to cover'the city's costs for enhanced public education and
enforcement of the regulations governing state - approved' fireworks set forth in
this section. The "Public Education. and Compliance" fee shall also include the
costs associated with the cleanup and removal of fireworks debris left on public
rights -of way, and all public properties such as city parks, city hall and other city
facilities.
Nonprofit organizations licensed and permitted to sell state - approved fireworks in
the City are required to obtain a temporary sales tax permit from the local office
of the State, Board of Equalization.
(d) Information Required on Permit. Each qualified applicant for such permit
shall file a written.application with the Bureau of Fire Prevention showing the
following' information:
1.. Name and address of qualified applicant.
2. Location where the qualified applicant proposes to sell fireworks.
3. Places of 'storage for fireworks.
4. Evidence that the qualified applicant meets the criteria specified in
this code.
27
3W
1
(e) Organization(s) Authorized to Sell. No permit to sell state- approved fireworks shall
2
be issued to any person excepulie following.
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
2. Any person, organization or entity which sold fireworks for profit
91
in the city for three (3) or more consecutive years, including and prior to
TO
the 2007 fireworks sales period, shall be entitled (grandfathered) to apply
11
and obtain.a permit for each year after the 2007 fireworks sales season up
.12
to and including the 2010 fireworks sales year. Those for -profit entities
13
who qualify. shall be allowed to continue to obtain a fireworks sale permit
14
until the 2010, sales year, provided that they continue to apply for and
15
obtain a permit to sell in each consecutive year following the year 2007.
16
For -profit entities that are grandfathered shall not be allowed to transfer,
17
sell, or otherwise give their right to sell fireworks to any individual,
I8
organization or entity not previously named on their fireworks permit
19
applications on or before 2007. No for -profit entity will be permitted to
20
sell fireworks in the city after the 2010 sales year.
2.1
22
(f) Determination of Eligibility by Fire Chief — Right of Appeal. The Fire
23
Chief shall make a:determination as to which organizations, including qualified
24
organizations, meet the criteria specified in Section 5. Any aggrieved applicant
25
may appeal the decision of the Fire Chief pursuant to Appendix Chapter 1,
26
Section 108.1.
27
28
(g) Maximum Number of Permits to Sell. The maximum number of permits
29
to sell state - approved fireworks shall not exceed a maximum of twenty -two (22)
30
booths. If the number of applications received up to and including the last day of
3!1
May of each year exceeds the number of permits to be issued, qualified applicants
32
which held permits to sell 'during the preceding year and grandfathered for - profit.
33
prior permittees under Section 5 shall have first priority for the available permits.
34
If there are any additional permits available, the Fire Marshal shall forward a list
35'
of qualified. applicants who did not hold permits to sell in the prior year to the
36
City Clerk. who shall, not later than the 5th day of June, supervise an impartial
37
drawing to determine an order of priority for each application. Upon such
38
determination, the City Clerk shall forward to the Fire Marshal a list of
39
applications, numbered in order of priority drawn for investigation and issuance.
40
Permits may be issued<in order of priority drawn to those on the list until the
41
maximum of twenty -two (22) booths is reached.
42
28
I (h) Total Number of Booths Permitted for an Entity; Organization, or Group.
2 Fireworks sales'permits shall be limited to one booth per qualified applicant. The
3 purpose of limiting booths to one (1) per applicant is to allow a maximum number
4 of entities, organizations, or groups to participate `in. fireworks sales.
5
6 If the total number of permit applications received does not exceed the twenty -
7 two (22) booth maximum,, a qualified applicant may petition the Fire Marshal to
,8 set up an additional booth, not to exceed a total of two (2) per applicant. A
9 grandfathered for - profit prior permittee under Section 5 may not increase for the
10 new sales year the'numb.er of booths permitted in the immediately preceding year.
11
12 If the number of applications for multiple booths received up to and including the
13 last day of May of each year exceeds the number of permits to be issued, the Fire
14 Marshal shall forward a list of qualified applicants who are requesting a second
15 booth to the City Clerk who shall, not later than on the 5th day of June, supervise
16 an impartial drawing to determine an order of priority for each,application. Upon
17 such determination, the City Clerk shall forward to the Fire Marshal a list of
18 applications, numbered'in order of priority as drawn. Additional booths and
19 permits will be awarded to each qualified applicant in order of priority drawn
20 until the maximum of twenty -two (22) booths is reached.
21
22 Multiple booth permits shall be given for that year only. The process for awarding
23 additional. booths per qualified applicant shall begin anew each year.
24
25 (i) Insurance Requirements as Condition of Sale. Each applicant for a permit
26 shall file with the Bureau of Fire Prevention, prior to the issuance of any permit, a
27 policy of public liability :insurance with applicable coverage of at least
28 $300,000.00 /500,000:00. No policy will be acceptable which contains a provision
29 allowing for a deductible amount. The city, its officers, employees, and agents
30 shall be named as additional'insured on such insurance policy or certificate of
31: insurance by a separate specific endorsement in a form acceptable to the city's
32 Risk Manager and City Attorney.
33
34 0) Fireworks Booth — Restrictions on Sales.
35
1. No booth shall be located within twenty -five feet (25') of
36
combustible buildings and /or building openings (windows or doors) or
37
within fifty feet (50') of any flammable storage or within one hundred feet
38
(10.0') of any gasoline pump or distribution point. Location of booths is
39
contingent upon approval from the Fire Chief or designated representative.
40
2. No booth shall have a floor area in excess of seven hundred fifty
41
square feet (750' sq.). Each booth shall have at least two (2) exits. Each
3a
I
booth in excess"of °forty. feet (40') in length shall have at least three (3)
2
exits spaced :,approx. imately equidistant apart; provided,, however, that in
3
no case shall the,,distance between the exits exceed . -four feet (24').
4
Exit doors shall not be Jess than twenty -four inches (24 ") wide and six feet
5
(6') in height and shall swing in the direction of exit travel.
6
3. All weeds and combustible materials shall be cleared in and around
7
booth for a distance of at least twenty feet (20').
8
4. "No Smoking" signs shall be posted` on the booths. No smoking
9
shall be allowed within any fireworks booth.
10
5. No person under eighteen (18) years of 'age shall sell or participate
11
in the sale of state - approved fireworks at such booth. No person under
12
eighteen (18) years of age shall be permitted inside the booth during hours
13
of operation. Each booth must have an adult in attendance and in charge of
14
operations whenever the booth contains, or is engaged in the sale of,
15
fireworks. The permittee is solely responsible for ensuring the presence of
16
said adult. For the purpose of this section, the term ".adult" shall mean any
17
person so defined under California law.
18
6. All unsold stock shall be removed from the booth and located in an
19
approved area immediately after close of business on each and every day
20
of operation.
21
7. All litter shall'be removed on a daily basis.
22
8. The booth shall be removed from the temporary location and all
23
litter shall be removed by noon on July 8th.
24
9. All retail sales of state - approved' fireworks shall be permitted only
25
from within a temporary booth. Sales from any other building or structure
26
are prohibited.
27 10. Approved banners or other barricades to prohibit parking within
28 twenty feet.(20') of the booth shall be provided.
29 11:. No electrical devices or open flames are permitted within any
30 booth.
31
Exception A single electronic cash register is permitted in the booth.
32
Power for device shall be provided by a heavy duty type electric extension
33
cord with a minimum of fifteen (15) amp rating. There shall be no signs of
34
mechanical damage, fraying or exposed wire insulation to the cord.
35
Approval of extension cord subject to inspection by the fire inspector.
36
37
12. Signs must be posted on each booth stating "No fireworks
38
permitted in the unincorporated areas of Sonoma or Marin Counties ".
39
30
li W
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3'1
32
33
34
35
36
37
38
39
40
41
13. No person shall knowingly sell fireworks to any person under
eighteen (1$) years of age. Proof that the fireworks booth permittee
demanded, was shown, and acted in reliance upon, bona fide evidence of
age and identity in any sale of fireworks prohibited by this section shall be
a defense to any proceedings for suspension or revocation of the
permittee's state- approved fireworks permit: or .a criminal proceeding
instituted by the city against the permittee for violations of this section.
For purposes of this section bona fide evidence of age and identity of
purchaser shall mean a document issued by a federal state, county or
municipal government which contains a photograph and date of birth of
the purchaser including, but not limited to, a valid. California Driver's
License, or Identification Card issued to a member of the Armed Forces.
Signs shall .be'posted in conspicuous places on and in the booth indicating
"No Fireworks Sales to Persons Under the Age of 18 - Photo I.D.
Required ".
14. No person shall sleep or remain in any fireworks booth after close
of business each day or at any time when the booth is closed for business.
15. A fireworks booth need not comply with the provisions of the
Building Code of the City of Petaluma; provided, however, that every
fireworks booth shall be erected under the supervision of the Fire Chief
who shall require that the fireworks booth be constructed in a manner
which will reasonably ensure the safety of attendants and patrons.
16. Each fireworks booth shall be provided with a minimum of one (1)
model 2A1OBC fire extinguisher and one (1) ,5- gallon pressure water fire
extinguisher, in good working order and easily accessible for use in case
of fire.
17. No person shall smoke within twenty -five feet (25') of any safe
and sane fireworks booth. No person shall light, cause to be lighted or
permit to be lighted any ,fireworks or combustible material within fifty feet
(50') of any state - approved fireworks booth.
(k) Limitations on Places and Hours of Discharge.
1. It shall be unlawful for any person to discharge any state- approved
fireworks in the city except between the hours of 10 :00 a.m. to 11:00 p.m.
on July 4th.
31
.. 1
2. It shall, be unlawful for any person to ignite,, discharge, project or
'2
otherwise fire or use, any state - approved fireworks, or permit the ignition,
3
discharge or projection thereof, upon or over or onto the property of
4
another without the property owner's consent, or to ignite, discharge,
5
project or otherwise fire or makeuse of any state- approved fireworks
6
within ten feet (10') of any residence, dwelling or other structure listed as
7
a place of habitation by human beings. .
8
9
3. The use of state - approved fireworks in the city shall be limited to
10
private property except as otherwise provided herein. No person shall
11
ignite or discharge any state- approved fireworks on private open areas
12
such as parks, parking lots or vacant property, without the property
13
owner's or his or her designated agent's permission. No person shall ignite
14
or discharge any :state- approved fireworks on public or semi- public open
15
areas such as parks, parking lots or vacant property, excluding public
1 : 6
streets and sidewalks, except as authorized by the Director of Parks and
17
Recreation and the Fire Department, and, if applicable, the private
18
property owner or his or her designated agent.
19
20
4. Any person who discharges state - approved (reworks on public or
21
private property shall be responsible for the removal of all spent fireworks
22
debris and litter or rubbish associated with the discharge of fireworks, and
23
for disposition thereof in an appropriate trash receptacle. Spent fireworks
24
debris shall be allowed to cool for at least thirty (30) minutes or immersed
25
in water before discarding to a trash receptacle.
26
27
5. No state-approved fireworks shall be.discharged.in the Fire Hazard
28
Severity Zones (FHSZ) of the city, as established and approved by the
29
Petaluma Fire Department with the assistance.of the California
30
Department of Forestry and Fire Protection and within the boundaries set
. ° 3:1
forth on the FHSZ map as defined in Section 17.20:040 of the Petaluma
3�2
Municipal Code and kept on file in the Fire Marshal's Office. All
33
fireworks booths shall post a notice of such .fireworks ban and a map
34
designatng'the FHSZ'restrictions, in the form provided by the Fire
35
Marshal's office. Booth operators shall advise persons purchasing state -
36
approved fireworks to review the notice and map and advise them of the
37
fireworks restrictions in the FHS :Z.
38
39
6. Supervision of minors. It shall be unlawful for any person having
40
the care, custody or control of a minor (under eighteen (18) years of age)
41
to permit such minor to discharge, explode, fire or set off any dangerous,
-42
illegal fireworks at any time, or to permit such minor to discharge or set
32
1
off any state- approved fireworks unless such minor does so under the
2,
direct supervision of a person over eighteen '(18) years of age and during
3
the-hours and' on the day permitted by this section.
4
5
(1) .Qualified Applicant Reporting Requirement. On or before November 1 st
6
of any sales year for which a qualified-applicant received a sale permit, the
7
qualified applicant;shall submit to the Fire Marshal a financial statement by the
8
treasurer or financial officer of the .qualified applicant setting forth the total gross
9
receipts from the fireworks stand operated bythe qualified applicant; all expenses
10
incurred and paid in connection with the purchase of fireworks and the sale
11
thereof, and to whom and for what purpose the net proceeds were or will be
J 2
disbursed, along with the most recent report filed by the qualified applicant with
13
the State Board of Equalization. The filing of the statement required by this
14
section with the city, shall be a condition precedent` to the granting of any
15
subsequent permit; and a permttee which fails to file such statement shall not be
16
considered a qualified applicant in any year subsequent to its failure to file.
.17
18
(m) Any permit 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
21
time it deems necessary to protect the health, safety and welfare of the citizens of
22
the city.
23
24
Section 3310.1.1 is hereby added to read as follows:
25
26
3310.1.1 - 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.
34 .2. Other relevant information deemed necessary by the Fire Marshal
35 to provide an overview of the city's experience in fireworks enforcement
36 relevant to that year's education and enforcement programs.
37
38 (b) By no later than the last day of September, annually, the Fire Marshal will
39 provide to the City Council a fireworks after - action report. The report will include
40 the following:
41
33 f
2)40
i
1
2
3
4
5
6
7
8
9
10
11
12
13
.14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
, 31
32
33
34
3'5
36
37
38
39
40
41
42
1. An evaluation of the:`success or failure of `the education and enforcement
plan.
2. Relevant incident statistics for the period of June 17 through July 16th
(c) All information and records which are otherwise exempt from public
disclosure pursuant to the Public Records Act will remain exempt from
disclosure, despite inclusion of any such information and /or records in an
education and enforcement plan and/or after action report in order to avoid any
unintended effect on public safety operations.
Section 3310.2 is hereby : added to read as follows:
3310.2 - Prohibition on Sale and Use of Fireworks. It is unlawful for any
person, firm, corporation, association, organization or entity to sell or offer for
sale any fireworks within the city except as expressly .permitted by this ordinance.
It is unlawful for any = person, firm, corporation, association, organization or entity
to use any fireworks - within the city except as expressly permitted by this
ordinance.
Section 3310.3 is hereby added to read as follows:
3310.3 Storage of Fireworks. The storage and use of fireworks inside buildings
is prohibited.
Exceptions State - approved fireworks purchased by the public for individual or
family use.
Section 3310.3.1 is hereby added to read as follows:
3310.3.1 - Storage of State- Approved Fireworks Retail. The storage of state-
approved fireworks by those conducting retail sales shall be in a non - combustible
container or magazine as approved by the Fire Marshal: The location of said
storage shall be within the City limits of Petaluma and be approved by the Fire
Marshal.
Section 3310.3.2 is hereby, added to read as follows:
3310.3.2 - Prohibition Against Modification and Discharge of.State- Approved
)Fireworks. No person shall modify, tamper with, disassemble, rearrange and/or
combine -the contents or original packaging of any state - approved firework, nor in
any way remove the original packaging labels.
34
2 Section 3310:12:1 is hereby added to read as follows:
3
4 3310:3:2.1 - Prohibition Against Possession, Use;, Display or Discharge of
5 Modified!State- Approved Fireworks, No person shall possess, use, display
6 discharge or explode any state - approved firework that has been tampered with,
7 disassembled and /or rearranged, nor shall any person possess, use, display,
8 discharge explode or combine the contents of multiple state- approved fireworks,
9 or combine, change the originally intended purpose of state - approved
10 fireworks.
11
12 Section 3310.3.2.2 is hereby added to read as follows:
.13
14 3310.3.2.2 - Prohibition Against Sale and Discharge of Piccolo Pete -Type
15 Fireworks
16
17 (a) Notwithstanding the provisions of Section 3309.2, no person shall sell,
18 use, distribute, give away or discharge, at any time, on any day, any "Piccolo
19 Pete -type firework" or any firework having substantially the same appearance and
20 discharge characteristics as any of these. Additionally, any retail sale, gift, or
21 donation of any "Piccolo Pete -type firework" (or any firework having
22 substantially the same appearance and discharge characteristics as any of these)
23 shall be a violation of this section.
24
25 (b) Except as otherwise provided herein, it shall be lawful for any person to
26 possess and /or transport any "Piccolo Pete -type firework" within the City of
27 Petaluma.
28
29 (c) This section shall not apply to persons, businesses or entities licensed by
30 the State Fire Marshal as a wholesaler and /or import/export concern to legally
31 possess or sell fireworks, including those prohibited by this section, within the
32
City for the primary purpose of sale and distribution outside the City.
33
34 CHAPTE11•49 – REQUIREMENTS FOR WILDLAND -URBAN
35 I'NTERIFACE FIRE AREAS
36
37 Section. 49;02.1 The following definition is amended to read as follows:
38
39 Wildland -Urban Interface Fire Area. The geographical area located within any
40 Moderate, High or Very High Fire Severity Zone as recommended by the CDF
41 Director pursuant to Public Resource Code Sections 4201 -4204 and
35
u 0
1 Government Code Secti'ons.51175 -51189 or in a High Fire ,Severity Zone as
2 identified by the Petaluma FRAP.
3,
4 Section 4906.2 is amended to read as follows:
5
6 4906.2 Applicability. New buildings for which a building permit is , submitted
7 on or after January 1, 2011„ that are located within any Moderate, High or Very
8 High Fire Severity Zone as designated by the Director of Cal Fire or in any
9 Moderate, High or Very High Fire Severity Zone as identified by the Fire Hazard
10 Security Zone.,(FHSZ) map as. defined in Section 17.20.020 of the Petaluma
Ill Municipal Fire Code shall comply with the following sections:
12 (a) Section 4907.1 California Fire Code Defensible Space (moderate,
13 high, very high);
14 (b) Section 705A, 2010 California Building Code – Roofing
15 (moderate, high, very high);
16 (c) Section 706A, 2010 California Building Code - Vents (moderate,
17 high, very high);
18 (d) Section 707A 2010 California Building Code - Exterior Covering
19 (moderate, high, very high);
20 (e) Section708A 2010 California Building Code – Exterior Windows
21 and Doors (high, very high);
22 (f) Section,. 709A 2010 California Building Code – Decking (high,
23 very high); and
24 (g) Section 710A 2010 California Building Code – Accessory
25 Structures (high, very high).
26
27 Section 4907.1 is amended to read as follows:
28
9 4907.1 - Defensible Space. The area .within the perimeter of a parcel or
2
30
development where Fire Hazard Severity Zones (FHSZ),is implemented,
31 providing a key point of defense from any approaching: fire. These areas are
32 characterized (but not limited to) establishment and maintenance of emergency
33 vehicle access; emergency water supplies, street names, building identification,
34 and fuel modification measures.
35
36 Provisions for annual weed and brush abatement of the wildland -urban interface
37 fire area and the developed area shall be the responsibility of the developer or
38 property owner. A plan may be required that outlines the provisions for weed
36
I abatement and shall be prepared by the property owner and /dr'developer. When
2 required, the plan shall include, but not be limited to, the following elements:
3 (a) - A. defensible space ofthirtyfeet (30') to one hundred feet (10.0');
4 depending on grade and other factors around all structures, either manmade or
5 natural in which material capable of allowing fire to spread unchecked must be
6 cleared, treated or modified to slow the rate and intensity of an approaching
7 wildfire.
8 (b) A ten -foot (10') firebreak on each side of hillside roads or driveways used
9 for emergency access; such firebreaks may be landscaped with fire resistive
10 vegetation.
11 (c) Where required, fire breaks and /or disked trails up to thirty feet (30') wide
12 shall be identified on the plan and maintained throughout the fire season; the
13 location of such breaks /trails shall be approved by the Fire Code Official.
14 (d) Other fire ;protection measures based on best management practices for
1.5 wildfire exposure protection as required by the Fire Code Official.
16
17 Section 4907.2 is added read as follows:
18
1.9 4907.2 - Ancillary, Buildings, and Structures. When required by the enforcing
20 agency, ancillary buildings and structures and detached accessory structures shall
21 comply with the provisions of this chapter.
22 APPENDIX B — FAZE -FLOW REQUIREMENTS FOR. BUILDINGS
23
24 Section B105J is amended to read as follows:
25
26 B105.1 - One and Two- Family Dwellings. The minimum fire -flow
27 requirements for one- and two- family dwellings having a fire -flow calculation
28 area which does not exceed 3,600 square feet (344.5 m2) shall be 1,500 gallons
29
per minute (5678.11 L /min). Fire -flow and flow duration for dwellings having a
30 fire -flow calculation area in excess of 3,600 square feet (344.5 m2) shall not be
31 less than that specified in Table B 105.1 of the 2010 California Fire Code.
32
33
37 i1
Section B105.2 is amended to read as follows:
2
3' 8105.2 - Buildings Other Than One- and Two = Family Dwellings. The
4 minimum fire-flow and flow duration for buildings other than one- and two -
5 family dwellings shall be as specified in Table B105.1.
6
7 Exceptions A reduction in required fire -flow of up to fifty percent (50 %), as
8 approved, is allowed when the building is provided with an approved automatic
9 sprinkler system installed in accordance with other sections of this code. The
10 resulting fire -flow shall not be less than fifteen hundred.gallons per minute (1,500
11 gpm) for the prescribed duration as specified in Table B105.1.
12
13 APPENDIX C — FIRE HYDRANT LOCATIONS AND DISTRIBUTION
14
15 Section C105.1 is amended to read as follows:
16
17 C105.1 - Hydrant Spacing. `The average spacing between fire hydrants shall not
18 exceed that listed in Table C105.1.
19
20 Exceptions The Fire. Chief is authorized to allow deviations from this section
21 where existing fire hydrants provide all or a portion of the required fire hydrant
22 service.
23
24 Table C105.1 of Appendix C: Footnotes (f) and (g) are added to read as follows:
25
26 (f) For commercial, industrial and multifamily residential dwellings, average
27 spacing shall be no greater than three hundred feet (300').
28
29 (g) A fire hydrant shall be located within fifty feet (50') of the FDC, or as
30 approved by the Fire Code Official.
31;
32 A.PPEN-DIX D — FIRE APPARATUS ACCESS ROADS
33
34 Section 0103.2 amended to read as follows:
35
36 01'03.2 -Grade. The grade of fire apparatus access roads shall be in accordance
37 with the City of Petaluma standards for public streets or as approved by the Fire
38 Chief.
39
40
38
,
1 '
, Section D103.3 is hereby'amended to read as follows:
2.
3 D103.3 Turning Radius:" The minimum turning'radius shall' be determined by
. 4 the Fire Code Official or as approved by local standards.
5
6 Section D103.4 is amended to read as follows:
7
8 D103.4 - Dead Ends. Dead -end fire apparatus access roads in excess of one
9 hundred fifty feet (I50') (45.720 m) shall be provided with width and turnaround
10 provisions in accordance with .the local agency requirements for public streets or
11 as approved by.local standards.
12
13 Table D103.4 is deleted in its entirety.
14
15 Section D103.6 is amended to read as follows:
16
17 D103.6 - Signs.. Where required by the Fire Code Official, fire apparatus access
18 roads shall be marked with permanent NO PARKING- FIRE,'LANE signs
19 complying with the California Vehicle Code and fire department standards.
20
21 Section D1.04.2 is amended to delete the Exception and read as follows:
22
23 D104.2 - Buildings Exceeding 62,000 Square Feet in Area. Buildings or
24 facilities having a gross building area of more than 62,000 square feet (5,760 m2)
25 shall be provided with, two (2) separate and approved fire apparatus access roads.
26
27 Section DIW1 is amended to delete the exception and read as.follows:
28
29 D106.1 - Projects having more than fifty (50) dwelling units. Multiple- family
30 residential projects having more than fifty (50) dwelling units shall "'be provided
31 with two (2) separate and approved fire apparatus access roads.
32'
33 Section 13406:2 is hereby deleted.
34
35 Section D107.1 is amended to delete Exceptions 1 and 2 and read as follows:
36
37 D107.1 - One- or Two - Family Dwelling Residential Developments.
38 Developments of one - and two- family dwellings where the number of dwelling
39 units exceeds fifty (50) shall be provided with two (2) separate and approved fire
40 apparatus access roads and shall meet the requirements of section D104.3.
41`
39
w .
SECTION 6: Section 17.20.060 of the Petaluma Municipal Code is hereby added to read`
2." as follows:
3
4 17.20.060 New Materials, Processes or Occupancies Which May Require
5 Permits..The City Manager, the Fire Chief and the Chief of the Bureau of Fire
6 Prevention shall act as a committee to determine and specify, after giving affected
7 persons an opportunity to be heard, any new materials, processes or occupancies
8 for which permits are required in addition to those now enumerated in this code.
9 The Chief of the Bureau of Fire Prevention shall post such_list in a conspicuous
10 place at the Bureau of Fire Prevention and distribute copies thereof to interested
11 persons.
12
13 SECTION 7: The City Clerk is hereby directed to file this ordinance and the attached
14 findings of fact with the California Building Standards Commission.
15
16 SECTION 8: All former ordinances or parts thereof conflicting or inconsistent with the
17 provisions of this ordinance or ofthe Code or Standards hereby adopted are hereby repealed.
18
19 SECTION 9: • If.any section, subsection, sentence, clause or, phrase or word of this
20 ordinance is for any reason held to be unconstitutional; unlawful or otherwise invalid by a court of
21 competent jurisdiction, such decision shall, not affect the validity of the remaining portions of this
22 ordinance. The City Council of the City of Petaluma hereby declares that it would have passed
23 and,adopted this ordinance and each and all provisions thereof irrespective of the fact that any one
24 or more of said provisions be declared unconstitutional, unlawful or otherwise.invalid.
25
26 SECTION 10: The City Council finds that this Ordinance is not subject to the California
27 Environmental. Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
28 in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
29 (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
30 no potential for resulting' in physical change to the environment, directly or indirectly.
3,1
32`° "^ SECTION 11 This ordinance shall become effective thirty (30) days after the date of its
3'3 adoptionby the -Petaluma City Council; and its provisions shall become applicable on January 1,
34 2011.
3'5
36,
40
I
SECTION 12:
The City Clerk is. hereby further directed to post and publish this ordinance
Zi
or a synopsis of this ordinance for the period and in the manner required by the City Charter.
3
4
5
6
INTRODUCED and ordered posted /published this day of , 2010.
7
8
ADOPTED this
day of , 2010 by the following vote:
9
10
AYES:
11
NOES:
12
ABSENT:
13
1.4
15
16
17
18
Mayor
19
20
21
22
ATTEST:
APPROVED AS TO FORM:
23
24
25
26
27
28
,
City Clerk
City Attorney
29
30
32
33
34
35
41 U
1 �I
EXHIBIT "A"
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2010 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 2010 Edition of the California Fire Code, changes or modifies certain provisions of
the California Building Standardst 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
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 1998 and 2006.
Relative Humidity Humidity generally ranges from fifty percent (50 %) during daytime and
eighty -six percent (86 %) at night. It drops to twenty percent (20 %) 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 1 (�
Winds Prevailing winds are from,the northwest. However, winds, are experienced from virtually
every direction at one °time or another: Velocities are - generally in the 5 -1.5: mph range, gusting to
7.4730 itph,.'particularly.during the summer months. 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 fire 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
Thel 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
estimated at 5 7000 Tfie r city's service area is miles and contains an urban
a conglomeration pop y g omeration of bay, plains, hills,
valleys, and ridges. Within the city are three (3) fire stations and fifty -six (56) fire personnel.
Because of the size of the City of Petaluma, the characteristics of the fire environment changes
For dings
sit
r bull ,
fr situated c to the next. Fo
lose together, which increases a he central downtown area contamsldin
older
g ability of fire to, spread from one building,
wi the next
In,contrast; some of the properties on the outlying hills, are far apart, but contain large grassy
acreages 'that p "rorote ° qukkly- spreading wildfires during the long 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% 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 areas
Exhibit A to Ordinance
- Page 2 � /
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 wild land fire, furthering the
spread of fire to adjacent buildings.
GEOLOGICAL
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 the Hayward - Rodgers Creek)
affect the Petaluma area. Approximately fifty percent (5,0%)l 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, 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 damage to the water system;
• The extent of isolation due to bridge and /or freeway overpass collapse;
• Th
e ,extent of roadway damage and/or amount of debris blocking the roadways;
• . Climatic conditions (hot, dry` weather with high winds);
e Time of day, which will influence the amount of traffic on roadways and could intensify
the risk of life during' normal business hours;
4 The avai" lability' of timely .mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time; and
Exhibit A to Ordinance
Page 3
m The large .Portion, of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.,
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 impact 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 (CH &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
102.3
a,b,c
102.7.1
a, b, c
104.3
a, b, c
104.11.4
a, b, c
105.2
a,b,c
109.3
a b, c
111.4
a, b, c
503.1.1
a, b, c
503.2.1
a, b, c
503.2.3
a, b, c
503.2.4
a, b, c
503.2.6
a, b, c
503.2.6.1
a, b, c
503.2.6.2
a, b, c
5012.7
a, b c
5.03:4
a, b, c
505.1
a, b, c
505.1-.1
a, b, c
505.1.2
a, c
506.1
a, b
5:07.5
a,b,c
507.5.1
a, b, 'c
5 "10.1
b, c
605.11
a, b, c
901.7.7
a, b
903.2
a, b, c
Exhibit A to Ordinance
Page 4 l C,
Section Number Local Climatic; 6eol6 c and Ton02raphical Conditions
903.2.19
a, b, c
903.2..19.1
a, b, c
903.2.19.2
a, b, c
903.2.19.3
a, b, c
903.2.49.4
a, b, c
903.2.19.5
a, b, c
903.2.19.6
a, b, c
903.3
a, b, c
903.3.1
a, b, c
903.3.7
a, b, c
903.4
a, b, c
903.4.1
a, b
903.4.2
a, b
905.3.1
a, b, c
907.2.8.1
a, b
907.2.9.1
a, b
2701.5.3
a, b
2703.3.1
a, b, c
.3301.1
a, b, c
4902.1
a, b, c
4906.2
a, b, c
4907
a, b, c
4907.1
a, b, c
Appendix Ch. B105.
a, b
Appendix Ch B105.2
a, b
Table C 105.1 f
a, b
Table C 105.1 g
a, b
Appendix. Ch. D,103.2
a, b
Appendix Ch. D103.3
a, b
Appendix Ch. D 1.03.4
a, b, c
Appendix Ch. D 103.4.1
a, b, c
Appendix Ch. D103.4.2
a, b, c
Table D 103.4
a, b, c
Appendix Ch. D 103.6
a, b
Appendix Ch. D 104.2
a, b
Appendix Ch. D106.1
a, b
Appendix Ch. D 107.1
a, b
Exhibit A to Ordinance
Page 5
X19