HomeMy WebLinkAboutOrdinance 2392 N.C.S. 12/06/20101
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EFFECTIVE DATE
OF ORDINANCE
January 6, 2011
Introduced by
David Rabbitt
ORDINANCE NO. 2392 N.C.S.
Seconded by
Mike Healy
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underlying ordinances, are hereby repealed in their entirety.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
Ordinance No. 2392 N.C.S.
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(CFC), incorporating the 2009 Edition of the International Fire Code, including
Appendix 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
Ordinance No. 2392 N.C.S.
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code official, the use or occupancy of an existing structure shall be allowed to be
changed and the structure is allowed to be occupied for purposes in other
groups without conforming to all the requirements of this code, the California
Building Code as adopted by the City Council, and the International Building
Code for those groups, provided the new or proposed use is less hazardous,
based on life and fire risk, than the existing use.
Section 102.7.1 is added to read as follows:
102.7.1 - Supplemental Rules, Regulations and Standards. The fire code official is
authorized to render interpretations of this code and to make and enforce. rules
and supplemental regulations and to develop Fire Prevention Standards to carry
out the application and intent of its provisions.
Section 103.1.1 is added to read as follows:
103.1.1 - General. Where this code refers to the Department of Fire Prevention,
the division of the Fire Prevention Bureau will be inserted. Where this code refers
to Fire Code Official, the Fire Marshal will be inserted.
Section 104.3 is amended to read as follows:
104.3 - Right of Entry
(a) The Fire Chief, or his authorized representative in the performance of
duties herein prescribed, shall have the right to enter upon and into any and all
premises under his jurisdiction, at all reasonable hours for the purpose of
inspecting the same to determine whether or not the provisions of this code and
all applicable laws or ordinances pertaining to the protection of persons and
property from fire, explosion or exposure to hazardous materials are observed
therein. Provided, however, that an inspection warrant, issued pursuant to Title
13, Part 3 of the Code of Civil Procedure be first secured where entry is refused,
except in an emergency situation. No owner, occupant or any other person
having charge, care or control of any building or premises shall fail or neglect,
after proper request is made as herein provided to promptly permit entry therein
by the Chief or his authorized representative for the purpose of inspection and
examination pursuant to this code.
(b) The Fire Chief, and his duly authorized representative, shall have the
authority to enter any building, or premises for the purpose of extinguishing or
controlling any fire, performing rescue operation, investigating the existence of
Ordinance No. 2392 N.C.S. Page 3
1 suspected or reported fires, gas leaks or other hazardous conditions or taking any
2 other action necessary in the reasonable performance of their duty.
3
4 Section 104.7.2 is amended to read as follows:
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6 104.7.2 - Technical Assistance. To determine the acceptability of technologies,
7 processes, products, facilities, materials and uses attending the design, operation
8 or use of a building or premises subject to inspection by the Fire Marshal, the Fire
9 Marshal is authorized to require the owner or agent to provide, without charge to
10 the jurisdiction, a scope of work, technical opinion, and all the reports necessary
11 to verify compliance with the applicable codes and standards. The opinion and
12 report shall be prepared by a qualified engineer, specialist, and laboratory or fire
13 safety specialty organization acceptable to the Fire Marshal and shall analyze
14 the fire safety properties of the design, operation or use of the building or
15 premises and the facilities and appurtenances situated thereon, to recommend
16 necessary changes. The Fire Marshal is authorized to require design submittals to
17 be prepared by, and bear the stamp of, a registered design professional.
18
19 Section 104.11.4 is added to read as follows:
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21 104.11.4 - Charges. The expense of securing any emergency that is within the
22 responsibility for enforcement of the Fire Chief as given in Section 104.11 is a
23 charge against the person who caused the emergency. Damages and expenses
24 incurred by any public agency having jurisdiction or any public agency assisting
25 the agency having jurisdiction shall constitute a debt of such person to the City
26 and shall be collectable by the Fire Chief for proper distribution in the same
27 manner as in the case of an obligation under an expressed or implied contract.
28 Expenses as stated above shall include, but not be limited to, equipment and
29 personnel committed and any payments required by the public agency to
30 outside business firms requested by the public agency to secure the emergency,
31 monitor remediation and clean up the site.
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33 Section 105.1.4 is added to read as follows:
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35 105.1.4 - New Materials and Permits. The Fire Chief and the Fire Marshal may act
36 as a committee to determine and specify any new regulated materials, and shall
37 establish processes or occupancies requiring permits in addition to those
38 enumerated in this code. The Fire Chief or designee shall post such list in a
39 conspicuous place in the office, and distribute copies thereof to interested
40 persons. Permits under this section shall be administered in accordance with
41 Section 105.
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Ordinance No. 2392 N.C.S. Page 4
1 Section 105.6.8 (Table 105.6.8) is amended to read as follows:
2
3 Table: 105.6.8
4 Permit Amounts for Compressed Gases
Type of Gas
Amount
cubic feet at NTP
Corrosive
200
Flammable (except liquified petroleum
as
200
Highly toxic
Any Amount
Inert and simple asphyxiant
2,000
Oxidizing (including Oxygen)
200
P ro horic
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.
Ordinance No. 2392 N.C.S. Page 5
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Section 105.7.6.1 is added to read as follows:
105.7.6.1 - Fixed Extinguishing System. A construction permit is required for the
installation of or modification to fixed extinguishing systems including but not
limited to cooking, protection of computers or other high value items or systems
other than fire sprinklers.
Section 105.7.10.1 is added to read as follows:
105.7.10.1 - Medical Gas Systems. A construction permit is required to install a
medical gas system.
Section 105.7.11 is amended to read as follows:
105.7.11 - Private Fire Hydrants and Underground Fire Main Installations. A
construction permit is required for the installation of any private fire hydrants
and /or underground fire main to supply fire hydrant(s) and /or fire sprinklers.
Section 108.1 is amended to read as follows:
Section 108.1 - Appeals
(a) Appeals. Whenever the Fire Chief disapproves an application or refuses
to grant a permit applied for, or when it is claimed that the provisions of the
code do not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Fire Chief to the board of appeals, which is designated to be
the board of building review as heretofore established and appointed
according to Chapter 17.08 of the Petaluma Municipal Code, within thirty (30)
days from the date of the decision appealed. The Fire Chief shall act as
secretary of the board when it is hearing appeals concerned with the Fire
Code.
(b) Fireworks Booth Sales Permits. Notwithstanding Section (a), the following
appeals procedure shall apply exclusively to permits for Fireworks Booths Sales
under this Code. Any person aggrieved by a decision of the Fire Chief, or
his /her designee, to disapprove an application, refuse to grant a permit, place
conditions on a permit, or revoke a fireworks booth sales permit shall have a
right of appeal of the decision to the City Manager, or his /her designee. Such
appeal shall be taken by filing a written notice of appeal with the City Clerk
within ten (10) days of the date of the decision. The appeal shall set forth the
grounds for the appeal and the name and address of the person requesting
Ordinance No. 2392 N.C.S.
Page 6
the appeal. A failure to file a timely and complete appeal shall render the
decision final and conclusive. The City Manager shall, within ten (10) days of the
filing of the appeal, set a time and place for a hearing on the appeal. The
appeal shall be set no less than five (5) days after the filing of the appeal and
no more than sixty (60) days after the filing of the appeal. The City Manager's
determination following the hearing shall be in writing and shall contain a
statement of the facts upon which the determination is based. The City
Manager's determination shall be sent first -class U.S. mail, postage prepaid to
the person requesting the appeal, not later than ten (10) days following the
date of such determination. The determination of the City Manager shall be
final and conclusive. (Ord. 2175 NCS §3, 2004: Ord. 1997 NCS § 1 (part), 1995.)
Section 108.3 is deleted in its entirety.
Section 109.3 is amended as follows:
109.3 - Violation Penalties
(a) Any violation of the provisions of this section shall be a misdemeanor.
Notwithstanding the preceding sentence, a violation of the provisions of this
section may be charged and prosecuted as an infraction at the discretion of
the City Attorney's office or other enforcing authority.
(b) A person is guilty of a separate offense for each day during which
he /she commits, or continues or permits a violation of this chapter, or each time
he /she disobeys a valid order of an enforcement officer.
(c) Because of the serious threat of fire or injury posed by the use of
"Dangerous Fireworks" that can result from persistent or repeated failures to
comply with the provisions of this code and the effect of such conditions or
activities on the safety and the use and enjoyment of surrounding properties
and to the public health, safety and welfare, this Article imposes liability upon
the owners of residential real property for all violations of this code existing on
their residential real property. Each contiguous use, display and /or possession
shall constitute a separate violation and shall be subject to a separate
administrative fine.
(d) Nothing in this section shall prohibit a court from imposing restitution
upon any person convicted of a violation of the provisions of this section.
Ordinance No. 2392 N.C.S. Page 7
(e) In addition to any other remedies available to the city under any
applicable state or federal statute or pursuant to any other lawful power the
city may possess, any violation of this chapter may be prosecuted or enforced
as a nuisance and enforced by a civil court action as provided in Chapter 1.13
of the Petaluma Municipal Code or via administrative enforcement as a
nuisance as provided in Chapter 1.14 of the Petaluma Municipal Code as
Chapters 1.13 and 1.14 may be amended from time to time.
(f) Administrative Citation pursuant to Petaluma Municipal Code Chapter
1.16. In addition to any other remedies available to the city under any
applicable state or federal statute or pursuant to any other lawful power the
city may possess, any violation of this Chapter may be enforced by
administrative citation pursuant to Chapter 1.16 of the Petaluma Municipal
Code as Chapter 1.16 may be amended from time to time.
(g) Administrative Citation pursuant to Health & Safety Code Section 12557.
In addition to any other remedies available to the city under any applicable
state or federal statute or pursuant to any other lawful power the city may
possess, any violation of this Chapter may be enforced by administrative
citation pursuant to Health & Safety Code Section 12557 when a violation
relates to the possession, use, storage, sale and /or display of those fireworks
classified as dangerous fireworks as defined herein and /or the use of state -
approved fireworks as defined herein on or at dates, times and /or locations
other than those permitted by this ordinance.
1. The imposition of fines related to dangerous fireworks under this
section 109.3.G shall be limited to persons who possess, sell, use and /or
display, or to the seizure of less than 25 pounds (gross weight) of such
dangerous fireworks.
2. Fines collected pursuant to this section 109.3.G shall not be
subject to Health & Safety Code section 12706, which provides that
certain fines collected by a court of the state be deposited with, and
disbursed by, the County Treasurer. However, the city shall provide cost
reimbursement to the State Fire Marshal pursuant to regulations as
adopted, or as may be adopted by the State Fire Marshal addressing
the State Fire Marshal's cost for the transportation and disposal of
dangerous fireworks seized by the city, which costs will be part of any
administrative fine imposed. Unless and until such regulations have been
adopted by the State of California, the city shall hold in trust $250 or 25%
of any fine collected whichever is greater, to cover the cost of
Ordinance No. 2392 N.C.S. Page 8
reimbursement to the State Fire Marshal for the cost of transportation
and disposal of any dangerous fireworks seized by the city.
3. Other than as expressly modified herein, enforcement of
violations by administrative citation pursuant to Health & Safety Code
Section 12557 shall be subject to the provisions of Petaluma Municipal
Code Chapter 1.16.
Section 109.4 is added to read as follows:
Section 109.4 - Authority to Issue Citations. The Fire Chief and members of the
Fire Prevention Bureau who have the discretionary duty to enforce a statute or
ordinance may, pursuant to Section 836.5 of the California Penal Code and
subject to the provisions thereof, arrest a person without a warrant whenever
the Fire Chief or member of the Fire Prevention Bureau has reasonable cause to
believe that the person to be arrested has committed a violation in the
presence of the Fire Chief or member of the Fire Prevention Bureau which he or
she has discretionary duty to enforce, and to issue a notice to appear and to
release such person on his or her written promise to appear in court, pursuant to
the provisions of Section 853.5 et seq. of the California Penal Code.
Section 111.1 (Stop Work Order) is amended to read as follows:
111.1 - Order /Authority. Whenever the fire code official finds any work
regulated by this code, the Petaluma Municipal Code or the Zoning Ordinance
being performed in a manner contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of this code, the
Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or
unsafe, the fire code official is authorized to issue a stop work order.
Section 111.2 is amended to read as follows:
111.2 - Issuance. The stop work order shall be in writing and shall be posted in a
visible location near the location where the work is being conducted. If the
owner or owner's agent is not on site at the time of posting, a notice advising
the reasons for the stop work order issuance shall be hand delivered or mailed
first -class to the owner of the property involved, or to the owner's agent, or to
the person doing the work. Upon issuance of a stop work order, the cited work
shall immediately cease. The stop work order shall state the reason for the
order, the conditions under which the cited work will be permitted to resume,
Ordinance No. 2392 N.C.S. Page 9
and the name and contact information of the official or agency issuing the
order.
Section 111.3 is amended to read as follows:
111.3 - Emergencies /Unlawful Continuance. Where an emergency exists, the
fire code official shall not be required to give written notice prior to stopping
work. Any person who continues to engage in any work after having been
served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be guilty of a
misdemeanor.
Section 111.4 is amended to read as follows:
111.4 - Failure to Comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be subject to the
penalty provisions of the City of Petaluma Municipal Codes or state law.
Section 111.4.1 is added to read as follows:
111.4.1 - Removal of Posted Stop Work Order. Any person who removes a
posted stop work order without written consent of the fire code official shall be
guilty of a misdemeanor.
Section 111.4.2 is added to read as follows:
111.4.2 - Response Required. Violators receiving a stop work order are required
to respond to the Fire Prevention Bureau within two (2) business days of the
issued notice to receive instructions on how to rescind the order.
Section 111.4.3 is added to read as follows:
111.4.3 - Permit Application Required. A fire permit application must be
submitted for approval within fifteen (15) working days following response to the
Fire Prevention Bureau. Plans will be reviewed and correction letters issued or
permit application approved within fifteen (15) working days of receipt by the
Fire Prevention Bureau. A response to any correction letter must be submitted
within fifteen (15) working days of the date of the correction letter. Five working
days will be required to review this second submission and a permit approved
for issuance. Permits ready for issuance must be issued within five (5) working
days thereafter. All construction must be inspected as work progresses and
Ordinance No. 2392 N.C.S. Page 10
1 signed off by all (affected) departments within sixty (60) days of permit
2 issuance.
3
4 Section 111.4.4 is added to read as follows:
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6 111.4.4 - Fee. An additional fee of five times the permit fee shall be added to
7 each permit subject to a stop work order.
8
9 CHAPTER 2 -- DEFINITIONS
10
11 Section 202 is hereby amended to add the following definitions:
12
13 202 - General Definitions
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15 Affiliated Organization. For purposes of this Article, shall be presumed to be the
16 following:
17
18 i. Organizations incorporated under the same charter or
19 organization and their auxiliaries if the auxiliary is incorporated under the
20 same charter;
21 ii. Organizations sharing the same officers and /or place of
22 meetings and /or national parent organization;
23 iii. Subdivisions and /or fractional divisions however named or
24 delineated of organizations;
25 iv. Sub - organizations, one of whose primary purpose is to provide
26 financial and /or manpower support to a parent nonprofit organization.
27 However, different organizations affiliated with and officially recognized by any
28 elementary, junior high and /or high school and /or school district that serves, in
29 whole or in part, the residents of the City of Petaluma or any public or private
30 community college, college and /or university located within the boundaries of
31 the City of Petaluma shall not be presumed to be "affiliated organizations"
32 unless it can be shown that they serve the same interest area or concern (i.e.,
33 boosters of high school football and boosters of high school basketball would
34 be presumed to be two different, non - affiliated organizations).
35
36 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as
37 defined in Health and Safety Code sections 12505 and 12561 and the relevant
38 sections of Title 19, California Code of Regulations, Subchapter 6, which are
39 hereby incorporated by reference.
Ordinance No. 2392 N.C.S. Page 11
Fireworks Booth. Fireworks booth shall mean any building, counter, or other
structure of a temporary nature used in the sale, offering for sale, or display for
sale of "Safe and Sane Fireworks."
Nonprofit Organization. For the purposes of this Chapter, nonprofit organization
shall mean any nonprofit association, charity or corporation organized primarily
for veterans, patriotic, welfare, civic betterment, educational, youth
development or charitable purposes pursuant to Internal Revenue Code
Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or
which has been issued a tax - exempt certificate as required under the Revenue
and Taxation Code of the State of California; or a group which is an integral
part of a recognized national organization having such tax - exempt status; or a
nonprofit organization affiliated with and officially recognized by an
elementary, junior high and /or high school and /or school district that serves, in
whole or in part, the residents of the City of Petaluma or public and /or private
community college, college and /or university which is located within the
boundaries of the City of Petaluma.
Person. Person shall mean a natural person or a legal entity that is also an
owner, tenant, lessee and /or other person with any right to possession or control
of the property where a violation of this code occurred.
Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane
fireworks" as defined in Health and Safety Code Section 12529 and 12562 and
the relevant sections of Title 19, California Code of Regulations, Subchapter 6,
which are hereby incorporated by reference. "Piccolo Pete -type fireworks" are
also known and sometimes referred to and /or labeled as, and /or have
substantially the same appearance and discharge characteristics as, but are
not limited to: "Piccolo Pete," "Whistle Pete," "Nice Siren," "Whistling Phantom,"
"Screaming Willy," and "Whistling Pete."
Principal and Permanent Meeting Place. Principal and permanent meeting
place shall mean a permanent structure, playing field, geographic area or
service population which resides in or is located within the City of Petaluma.
Public Display of Fireworks. Public display of fireworks shall mean an
entertainment feature where the public is admitted or permitted to view the
display or discharge of fireworks by a licensed pyro- technician.
Ordinance No. 2392 N.C.S. Page 12
Qualified Applicant. Qualified applicant shall mean any group or organization
which has met all of the following criteria for a continuous period of not less
than one full year preceding submittal of an application for a permit to sell
required by this Chapter and which continues to meet the criteria for the
duration of any permit to sell issued by the City of Petaluma pursuant to this
Chapter. A nonprofit organization as defined in this Chapter:
8 i. The organization must have its principal and permanent meeting
9 place within the City;
10 ii. The organization must be one which provides direct and regular
11 community services and benefits to the residents of the City;
12 iii. The organization must have a minimum bona fide membership
13 of at least twenty (20) members who either reside in the City, are
14 employed in the City, or are owners or operators of a business or other
15 establishment located in the City;
16 iv. Neither the organization nor any of its officers and /or officials
17 have been found by any court or city administrative process to be in
18 violation of any civil or criminal local, state or federal law relating to
19 fireworks within twenty -four calendar months prior to the organization's
20 submittal of an application for a permit to sell;
21 V. The organization has not had a permit to sell fireworks revoked
22 within twenty -four months prior to the organization's submittal of an
23 application for a permit to sell.
24
25 Responsible Person. Responsible person shall mean a person who causes a
26 violation of this Chapter to occur or allows a violation to exist or continue, by his
27 or her action or failure to act, or whose agent, employee or independent
28 contractor causes a violation to occur, or allows a violation to exist or continue.
29 There is a rebuttable presumption that the record owner of a residential parcel,
30 as shown on the county's latest equalized property taxes assessment rolls, and a
31 lessee of a residential parcel has a notice of any violation existing on said
32 property. For purposes of this Chapter, there may be more than one responsible
33 person for a violation. Any person, irrespective of age, found in violation of any
34 provision of this Chapter may be issued a citation in accordance with the
35 provisions of this Chapter. Every parent, guardian or other person, having the
36 legal care, custody or control of any person under the age of eighteen (18)
37 years, who knows or reasonably should know that a minor is in violation of this
38 Chapter, may be issued a citation in accordance with the provisions of this
39 Chapter, in addition to any citation that may be issued to the offending minor.
Ordinance No. 2392 N.C.S. Page 13
State - Approved Fireworks. State - approved fireworks shall mean "safe and
sane" fireworks as defined in Health and Safety Code sections 12529 and 12562
and the relevant sections of Title 19, California Code of Regulations, Subchapter
6, which are hereby incorporated by reference. State - approved fireworks are
also known, and sometimes referred to, as "safe and sane fireworks ".
CHAPTER 3 - GENERAL PRECAUTIONS AGAINST FIRE
Section 304.1.2.1 is added to read as follows:
304.1.2.1 - Defensible Space- Neighboring Property. Persons owning, leasing, or
controlling property within areas requiring defensible spaces are responsible for
maintaining a defensible space on the property owned, leased or controlled by
said person, within a distance of not less than thirty feet (30') (91.467 m) from
any neighboring building or structure. Distances may be modified by the Fire
Code Official because of a site - specific analysis based on local conditions.
CHAPTER 5 - FIRE SERVICE FEATURES
Section 501.1 is amended to read as follows:
501.1 - Scope. Fire service for buildings, structures and premises shall comply
with this chapter. This section applies to residential and commercial
developments. Single family residential projects in approved rural areas shall
comply with the Fire Safety Standards. Design and construction shall be in
accordance with the following sections, unless otherwise authorized by the Fire
Code Official in accordance with Section 104.9 - Alternative Materials and
Methods.
Section 502.1 is hereby amended to include the following definitions:
Fire Apparatus Access Road. A road that provides fire apparatus access from a
fire station to a facility, building or portion thereof. This is a general term inclusive
of all other terms such as fire lane, public street, private street, and parking lot
lane and access roadway. Public streets may be defined by the standards of
the local agency having jurisdiction over the project.
Floor Area. The floor area used for calculating the required fire flow shall be the
total floor area of all floor levels within the exterior walls of a structure that are
under the horizontal projection of the roof, except as modified in Appendix
Section 8104 of the 2010 California Fire Code.
Ordinance No. 2392 N.C.S. Page 14
Section 503.2.6 is amended to read as follows:
503.2.6 - Bridges and Elevated Surfaces. Where a bridge or an elevated
surface is part of a fire apparatus access road, the bridge shall be constructed
and maintained in accordance with the American Association of State
Highway and Transportation Officials (AASHTO) Standard Specifications. Bridges
and elevated surfaces shall be designed for a live load sufficient to carry the
imposed loads of fire apparatus. Vehicle load limits shall be posted at both
entrances to bridges when required by the Fire Code Official. Where elevated
surfaces designed for emergency vehicle use are adjacent to surfaces which
are not designed for such use, approved barriers, approved signs or both shall
be installed and maintained when required by the Fire Code Official.
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.
Ordinance No. 2392 N.C.S. Page 15
Section 505.1 is amended to read as follows:
505.1 - Address Identification. 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 fronting
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.
Section 505.1.1 is added to read as follows:
505.1.1 - One and Two - Family Dwellings. Numbers for one and two - family
dwellings shall be a minimum of four inches (4 ") (101.6mm) 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 (1 "). 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 (4 ") 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:
37 Section 506.1 - Key Boxes. When access to or within a structure or area is
38 determined to be unduly difficult by the Fire Code Official because of secured
39 openings (doors or gates), or due to the presence of hazardous materials or fire
40 protection systems a key box shall be required to be installed at an accessible
Ordinance No. 2392 N.C.S. Page 16
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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 B105 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:
• Single and Two Family Residential: 1,500 GPM
• Commercial, Industrial, Schools and Multi - family Residential: 2,500
GPM
Fire flows for single - family dwellings may be reduced to the minimum flow as
permitted by Appendix B so long as the residual pressure shall be a minimum of
twenty pounds (20 Ibs) per square foot available for firefighting.
Section 507.5 is amended to read as follows:
507.5 - Fire Hydrant Systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and Appendix C as amended.
Section 507.5.1 is amended to read as follows:
507.5.1 - Where Required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 150 feet (45.179
m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on -site fire
hydrants and mains shall be provided where required by the Fire Code Official.
Section 507.5.1 the exception is deleted.
Section 507.5.1.1 is added to read as follows:
507.5.1.1 - Additional Requirements.
(a) Upon review of site conditions by the Fire Department, fire hydrant
spacing requirements may be reduced or modified. Fire hydrants shall be
placed along all adjoining public and private streets and Fire Department
access drives.
Ordinance No. 2392 N.C.S.
Page 17
1 (b) Divided streets shall have hydrants located as required by the Fire Code
2 Official on both sides of the street, and they shall be staggered to prevent a
3 hydrant being placed directly across the divided street from another hydrant.
4 (c) Types of Hydrants: Hydrants shall conform to the City of Petaluma Sewer
5 and Water Design and Construction Standards.
CHAPTER 6 - -- BUILDING SERVICES AND SYSTEMS
Section 605.11 is added to read as follows:
605.11 - Solar Photovoltaic Systems. Photovoltaic power systems shall be
installed in accordance with this code, the California Building Code, California
Electrical Code and Petaluma Fire and Building Departments Standard for
Installation of Photovoltaic Power Systems.
CHAPTER 7 -- FIRE- RESISTANCE -RATED CONSTRUCTION
Section 705 is added to read as follows:
705 - Repair of Breaches of Non -Rated Walls /Ceilings in Fire Zone 1. Breaches,
openings, holes or other broken wall and ceiling areas in buildings in Fire Zone 1
(generally defined as the downtown business district) as defined in Section
17.22 of the Petaluma Municipal Code shall be repaired, restored or replaced
when damaged, altered, breached, penetrated, removed or improperly
installed. Openings /breaches can be repaired with like material such as lath
and plaster, sheetrock, plywood or other reasonable barrier. The intent of this
Section is to close openings /breaches to limit the spread of fire and products of
combustion in the downtown business district.
CHAPTER 9 - FIRE PROTECTION SYSTEMS
Subsection 901.7.6.1 is added to read as follows:
901.7.6.1 - Problematic and Unreliable Fire Alarms. The Fire Chief may
determine a fire alarm to be unreliable upon receipt of more than three (3)
false alarms within a twelve -month period. Upon making such a finding, the Fire
Chief may order the following:
38 (a) For any nuisance alarm where the system is not restored, the Fire Chief
39 may require the system owner to provide standby personnel or take such other
Ordinance No. 2392 N.C.S. Page 18
measures, as the Fire Chief deems appropriate. Such measures shall remain in
place until a fire department approved fire alarm maintenance firm certifies in
writing to the Fire Chief that the alarm system has been restored to a reliable
condition. The Fire Chief may require such tests as he deems necessary to
demonstrate the adequacy of the system.
(b) Require the owner to pay mitigation fees pursuant to the City of
Petaluma Fee Ordinance.
Section 903.2 is amended to read as follows:
903.2 - Where Required. Approved automatic sprinkler systems in new buildings
and structures shall be provided in locations described in this section.
Additional local requirements are described in Sections 903.2.1 through 903.2.18
and may supersede the following requirements. The most restrictive
requirement shall apply.
Section 903.2.19 is added to read as follows:
903.2.19 - Local Fire Sprinkler System Requirements.
Section 903.2.19.1 is added to read as follows:
903.2.19.1. - System Requirements. An approved automatic fire sprinkler system
shall be installed and maintained in all newly constructed buildings.
26 Exceptions
27 1. Detached Group U occupancies one thousand square feet (1,000' sq.)
28 or less. Agricultural buildings and private riding arenas as approved by the
29 Fire or Building Code Official.
30 2. Detached pool houses up to one thousand square feet (1,000' sq.) in
31 floor area within fifty feet (50') of the pool and limited to a single bathroom.
32 3. Detached non - combustible motor vehicle fuel dispensing canopies
33 classified as a Group M occupancy.
34 4. A room above a detached garage used for storage only that does not
35 contain a bathroom, cooking or refrigeration facilities.
36 5. Detached carports of noncombustible construction with non- habitable
37 spaces above.
Ordinance No. 2392 N.C.S. Page 19
1 6. Detached Group B or M occupancies five hundred square feet (500'
2 sq.) or less.
3
4 Section 903.2.19.2 is added to read as follows:
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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.
Section 903.2.19.3 is added to read:
903.2.19.3 - Additions - Commercial and Multi- Family Additions. Additions to
existing commercial buildings that increase the total square footage of existing
floor area by twenty -five percent (250) or greater shall meet the requirements
for a newly constructed building. All additions to commercial buildings with an
existing approved automatic sprinkler system shall be required to extend the
sprinklers into the addition.
Section 903.2.19.4 is added to read as follows:
903.2.19.4 - Remodels, Alterations, or Repairs. For alterations or repairs to
existing building(s) involving demolition, removal, or repair of more than fifty
percent (50 %) of the structure, the building shall meet the automatic fire
sprinkler requirements for a newly constructed building.
Exceptions Alterations or additions made solely for the purpose of complying
with the American's with Disabilities Act.
Section 903.2.19.5 is added to read:
903.2.19.5 - Changes of Occupancy. When any change of occupancy occurs
where the proposed new occupancy classification is more hazardous based on
fire and life safety risks as determined by the Fire Code Official, including, but
not limited to, the conversion of residential buildings to condominiums the
building shall meet the fire sprinkler requirements for a newly constructed
building.
Section 903.2.19.6 is added to read:
Ordinance No. 2392 N.C.S. Page 20
903.2.19.6 - Residential Conversions and Additions. Fire sprinkler systems shall be
installed in all single - family dwellings that are converted to duplexes and /or
multi - family dwellings, bed and breakfasts, inns, lodging houses, or similar uses.
All additions to residences with an existing sprinkler system shall be required to
extend the sprinkler system into the addition. Existing residences in which an
addition is constructed and no fire sprinkler system has been previously installed
will not be required to install a sprinkler system in either the existing structure or
the addition.
Section 903.2.19.7 is added to read as follows:
903.2.19.7 - Elevation of Existing Buildings. An automatic fire extinguishing
system shall be installed throughout all existing buildings when the building is
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 903.2.19.8 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.
Ordinance No. 2392 N.C.S. Page 21
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(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:
(1) Kentucky Street and Western Avenue:
a. In any building wherein a change of occupancy occurs.
b. In any building or occupancy where the square footage of
the building or occupancy is increased or alterations to the
structure are made pursuant to Section 903.2.19.3, Section
903.2.19.4, Section 903.2.19.5, Section 903.2.19.6, Section
903.2.19.7 and Section 903.2.19.8 of this ordinance.
c. All buildings with basements or space below street grade
used for storage, business, or public use shall have automatic
fire sprinklers installed within the basements or the below
street grade areas no later than December 31, 2010.
d. All buildings not meeting the criteria of (a) or (b) above shall
have automatic fire sprinklers installed throughout the
structure, including all public, private, storage and /or
concealed spaces, as defined by the Standard for the
Installation of Sprinkler Systems (NFPA13) by no later than
December 31, 2016.
(2) Petaluma Boulevard North: Automatic fire sprinkler requirements
shall not become effective until the City of Petaluma installs an
Ordinance No. 2392 N.C.S.
Page 22
1 appropriate sized water main and laterals to the curb lines similar to the
2 main previously installed on Kentucky Street and Western Avenue. Upon
3 notice by the City of such installation, an automatic sprinkler system
4 conforming to the Standard for the Installation of Sprinkler Systems
5 (NFPA -13) shall be installed according to the following criteria:
6 a. In any building wherein a change of occupancy occurs.
7 b. In any building or occupancy where the square footage of
8 the building or occupancy is increased or alternations to the
9 structure are made pursuant to Section 903.2.19.3, Section
10 903.2.19.4, Section 903.2.19.5, Section 903.2.19.6, Section
11 903.2.19.7 and Section 903.2.19.8 of this ordinance.
12 c. All buildings with basements or space below street grade
13 used for storage, business or public use shall have automatic
14 fire sprinklers installed within the basements or the below
15 street grade areas, no later than December 31 of the year
16 that is six (6) years from the date of the water main
17 installation.
18 d. All buildings not meeting the criteria of (a) or (b) above shall
19 have automatic fire sprinklers installed throughout the
20 structure, including all public, private, storage and /or
21 concealed spaces, as defined by the Standard for the
22 Installation of Sprinklers (NFPA -13), no later than December
23 31 of the year that is twelve (12) years from the date of the
24 water main installation.
25 e. Property Owner's Responsibility for System Installation:
26 (1) The Property Owner shall be responsible for installation
27 of the lateral service from the curb line into the
28 building. This also includes isolation, check or other
29 valves or devices, as applicable.
30 (2) The Property Owner shall be responsible for the
31 installation of the automatic fire sprinkler system
32 according to the Standard for the Installation of
33 Sprinkler Systems (NFPA -13).
34 f. Plans and Specifications: Plans and Calculations (NFPA -13,
35 Chapter 8) for the service lateral and fire sprinkler system shall
Ordinance No. 2392 N.C.S. Page 23
1 be submitted to and approved by the Fire Prevention Bureau
2 prior to installation of equipment and materials.
3 (1) For the Kentucky Street installations that are required
4 on or before December 31, 2010 or December 31,
5 2016, all Plans and Calculations for service lateral and
6 sprinkler systems shall be submitted no later than June
7 30, 2010 or June 30, 2016 respectively, with installation
$ and approval of work to occur prior to December 31,
9 2010 or December 31, 2016 respectively.
0 (2) For Petaluma Boulevard North installations that occur
1 in the last year of the six (6) or twelve (12) year
2 deadline (when established) after the installation of
3 the water main by the City of Petaluma, Plans and
4 Calculations shall be submitted in that last year no
5 later than June 30 of that year, with installation and
6 approval of work to occur prior to December 31 of
7 that last year.
Section 903.3 is amended as follows
903.3 - Installation Requirements. Sprinkler systems shall be designed and
installed in accordance with NFPA 13; NFPA 13R (if approved by the Fire Code
Official); and NFPA 13D. Pursuant to Section 102.7.1 and Section 105.1.4 the
Fire Code Official may require additional sprinkler coverage to mitigate certain
conditions such as access or water supply issues.
Section 903.3.1 is 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
Ordinance No. 2392 N.C.S. Page 24
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locking caps shall be provided 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 automatic 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.
Section 905.3.1 is amended to read as follows:
905.3.1 - Building Height. Class I standpipes shall be installed in buildings three
stories or over in height and /or if, in the opinion of the Fire Chief, a hazard or
condition exists in which the installation of standpipes would improve firefighting
operations. Standpipes will be provided with approved outlets provided on
each floor level, including the roof when roof access is provided.
Section 905.9 Exception 2 is deleted.
Section 907.9.6 is added to read as follows:
Ordinance No. 2392 N.C.S.
Page 25
907.9.6 - False Fire Alarms. Owners of properties with a fire alarm system shall
maintain the system in accordance with section 907.9.5. False alarm fees shall
be assessed per the current adopted fee schedule.
CHAPTER 27 - HAZARDOUS MATERIALS
Section 2701.5.3 is added to read as follows:
2701.5.3 - Electronic Reporting. All Hazardous Material Management Plans
(HMMP) and Hazardous Material Inventory Statements (HMIS) shall be submitted
electronically as required by the Fire Code Official.
Section 2703.3.1 is amended to read as follows:
2703.3.1 - Unauthorized Discharges. Any suspected or actual hazardous
material, as defined by this code, including any actual carcinogen, which
escapes into the environment through an unauthorized release shall be
reported to the Fire Chief immediately upon discovery, regardless of whether
the release occurs on or off the site of the permitted facility and the following
procedures required in accordance with Sections 2703.1.1.1 through 2703.3.1.4
shall be followed.
CHAPTER 33 - EXPLOSIVES AND FIREWORKS
Section 3310 is added to read as follows:
3310 - Fireworks. Except as hereinafter provided, it shall be unlawful for any
person to possess, store, offer for sale, expose for sale, sell at retail, or use or
explode any dangerous fireworks or explode any rocket, firecracker, Roman
candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core
sparkler, black cartridge, or other combustible device or explosive substance,
or any kind of fireworks or dangerous fireworks by whatsoever name known
within the City of Petaluma; provided that the Fire Chief shall have power to
adopt reasonable rules and regulations for the granting of permits for
supervised public displays of fireworks by a public agency, fair association,
amusement park or other organization or for the use of fireworks by artisans in
pursuit of their trade. Every such use or display shall be handled by a
competent operator approved by the Fire Chief, and shall be of such
character and so located, discharged or fired as in the opinion of the Fire Chief,
after proper investigation, not to be hazardous to property or endanger any
person.
Ordinance No. 2392 N.C.S. Page 26
Exceptions: State - Approved Fireworks: It shall not be unlawful to possess or sell,
within the city, state - approved fireworks and /or safe and sane fireworks as
defined herein.
This section shall not apply to persons, businesses or entities licensed by the
State Fire Marshal as a wholesaler and /or import /export concern to legally
possess or sell fireworks, including those prohibited by this section, within the city
for the primary purpose of sale and distribution outside the city.
Notwithstanding any provision of this code, the City Council, upon advice of
the Fire Chief, may in any given fireworks sales year prohibit the sale and use of
state - approved fireworks and /or safe and sane fireworks when it is determined
that conditions exist in the City, including but not limited to fire weather events,
fuel moisture, drought, limitations on available firefighting forces and /or other
condition, that create an extreme danger to the public health and safety
and /or life and property of the residents, businesses and visitors of the city.
3310.1 - Fireworks —Conditions of Sales
(a) It is unlawful for any person, firm, corporation, association, or
organization to sell or offer for sale any fireworks within the City, except as
expressly permitted by this ordinance.
(b) Time of Sale. Subject to the provisions of the State Fireworks Law
(California Health and Safety Code, Division 11, Part 2, Chapters 1 -7, Health and
Safety Code Sections 12500- 12801), and the provisions of this code, state -
approved fireworks, as defined in Section 12504 of the California Health and
Safety Code, may be sold within the city between the hours of 10:00 a.m. and
9:00 p.m. on July 1st, July 2nd, July 3rd and July 4th. Pyrotechnic displays may
deviate from these restrictions subject to applicable provisions of the California
Health and Safety Code, and provided 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 than the last day of May each year. No person, firm,
Ordinance No. 2392 N.C.S. Page 27
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.
(e) Organization(s) Authorized to Sell. No permit to sell state- approved fireworks shall
be issued to any person except the following.
1. Organizations or local community service associations which
constitute qualified applicants and /or affiliated organizations of a
qualified applicant, as defined in this Chapter.
2. Any person, organization or entity which sold fireworks for profit in
the city for three (3) or more consecutive years, including and prior to
the 2007 fireworks sales period, shall be entitled (grandfathered) to
Ordinance No. 2392 N.C.S. Page 28
apply and obtain a permit for each year after the 2007 fireworks sales
season up to and including the 2010 fireworks sales year. Those for - profit
entities who qualify shall be allowed to continue to obtain a fireworks
sale permit until the 2010 sales year, provided that they continue to
apply for and obtain a permit to sell in each consecutive year following
the year 2007. For - profit entities that are grandfathered shall not be
allowed to transfer, sell, or otherwise give their right to sell fireworks to
any individual, organization or entity not previously named on their
fireworks permit applications on or before 2007. No for - profit entity will be
permitted to sell fireworks in the city after the 2010 sales year.
(f) Determination of Eligibility by Fire Chief — Right of Appeal. The Fire
Chief shall make a determination as to which organizations, including qualified
organizations, meet the criteria specified in Section 5. Any aggrieved applicant
may appeal the decision of the Fire Chief pursuant to Appendix Chapter 1,
Section 108.1.
(g) Maximum Number of Permits to Sell. The maximum number of permits to
sell state - approved fireworks shall not exceed a maximum of twenty -two (22)
booths. If the number of applications received up to and including the last day
of May of each year exceeds the number of permits to be issued, qualified
applicants which held permits to sell during the preceding year and
grandfathered for - profit prior permittees under Section 5 shall have first priority
for the available permits. If there are any additional permits available, the Fire
Marshal shall forward a list of qualified applicants who did not hold permits to
sell in the prior year to the City Clerk who shall, not later than the 5th day of
June, supervise an impartial drawing to determine an order of priority for each
application. Upon such determination, the City Clerk shall forward to the Fire
Marshal a list of applications, numbered in order of priority drawn for
investigation and issuance. Permits may be issued in order of priority drawn to
those on the list until the maximum of twenty -two (22) booths is reached.
(h) Total Number of Booths Permitted for an Entity, Organization, or Group.
Fireworks sales permits shall be limited to one booth per qualified applicant. The
purpose of limiting booths to one (1) per applicant is to allow a maximum
number of entities, organizations, or groups to participate in fireworks sales.
If the total number of permit applications received does not exceed the
twenty -two (22) booth maximum, a qualified applicant may petition the Fire
Marshal to set up an additional booth, not to exceed a total of two (2) per
applicant. A grandfathered for - profit prior permittee under Section 5 may not
Ordinance No. 2392 N.C.S. Page 29
increase for the new sales year the number of booths permitted in the
immediately preceding year.
If the number of applications for multiple booths received up to and including
the last day of May of each year exceeds the number of permits to be issued,
the Fire Marshal shall forward a list of qualified applicants who are requesting a
second booth to the City Clerk who shall, not later than on the 5th day of June,
supervise an impartial drawing to determine an order of priority for each
application. Upon such determination, the City Clerk shall forward to the Fire
Marshal a list of applications, numbered in order of priority as drawn. Additional
booths and permits will be awarded to each qualified applicant in order of
priority drawn until the maximum of twenty -two (22) booths is reached.
Multiple booth permits shall be given for that year only. The process for
awarding additional booths per qualified applicant shall begin anew each
year.
(i) Insurance Requirements as Condition of Sale. Each applicant for a
permit shall file with the Bureau of Fire Prevention, prior to the issuance of any
permit, a policy of public liability insurance with applicable coverage of at least
$300,000.00 /500,000.00. No policy will be acceptable which contains a provision
allowing for a deductible amount. The city, its officers, employees, and agents
shall be named as additional insured on such insurance policy or certificate of
insurance by a separate specific endorsement in a form acceptable to the
city's Risk Manager and City Attorney.
(j) Fireworks Booth — Restrictions on Sales.
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1. No booth shall be located within twenty -five feet (25') of
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combustible buildings and /or building openings (windows or doors) or
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within fifty feet (50') of any flammable storage or within one hundred
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feet (100') of any gasoline pump or distribution point. Location of booths
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is contingent upon approval from the Fire Chief or designated
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representative.
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2. No booth shall have a floor area in excess of seven hundred fifty
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square feet (750' sq.). Each booth shall have at least two (2) exits. Each
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booth in excess of forty feet (40') in length shall have at least three (3)
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exits spaced approximately equidistant apart; provided, however, that
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in no case shall the distance between the exits exceed twenty -four feet
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(24'). Exit doors shall not be less than twenty -four inches (24 ") wide and
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six feet (6') in height and shall swing in the direction of exit travel.
Ordinance No. 2392 N.C.S. Page 30
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3. All weeds and combustible materials shall be cleared in and
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around booth for a distance of at least twenty feet (20').
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4. "No Smoking" signs shall be posted on the booths. No smoking
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shall be allowed within any fireworks booth.
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5. No person under eighteen (18) years of age shall sell or
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participate in the sale of state - approved fireworks at such booth. No
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person under eighteen (18) years of age shall be permitted inside the
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booth during hours of operation. Each booth must have an adult in
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attendance and in charge of operations whenever the booth contains,
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or is engaged in the sale of, fireworks. The permittee is solely responsible
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for ensuring the presence of said adult. For the purpose of this section,
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the term "adult" shall mean any person so defined under California law.
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b. All unsold stock shall be removed from the booth and located in
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an approved area immediately after close of business on each and
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every day of operation.
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7. All litter shall be removed on a daily basis.
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8. The booth shall be removed from the temporary location and all
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litter shall be removed by noon on July 8th.
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9. All retail sales of state - approved fireworks shall be permitted only
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from within a temporary booth. Sales from any other building or structure
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are prohibited.
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10. Approved banners or other barricades to prohibit parking within
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twenty feet (20') of the booth shall be provided.
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1 1. No electrical devices or open flames are permitted within any
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booth.
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Exception A single electronic cash register is permitted in the booth.
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Power for device shall be provided by a heavy duty type electric
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extension cord with a minimum of fifteen (15) amp rating. There shall be
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no signs of mechanical damage, fraying or exposed wire insulation to
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the cord. Approval of extension cord subject to inspection by the fire
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inspector.
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12. Signs must be posted on each booth stating "No fireworks
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permitted in the unincorporated areas of Sonoma or Marin Counties ".
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Ordinance No. 2392 N.C.S. Page 31
13. No person shall knowingly sell fireworks to any person under
eighteen (18) 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 2A 1 OBC 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.
Ordinance No. 2392 N.C.S. Page 32
2. It shall be unlawful for any person to ignite, discharge, project or
otherwise fire or use, any state - approved fireworks, or permit the ignition,
discharge or projection thereof, upon or over or onto the property of
another without the property owner's consent, or to ignite, discharge,
project or otherwise fire or make use of any state - approved fireworks
within ten feet (10') of any residence, dwelling or other structure listed as
a place of habitation by human beings.
3. The use of state - approved fireworks in the city shall be limited to
private property except as otherwise provided herein. No person shall
ignite or discharge any state - approved fireworks on private open areas
such as parks, parking lots or vacant property, without the property
owner's or his or her designated agent's permission. No person shall
ignite or discharge any state - approved fireworks on public or semi-
public open areas such as parks, parking lots or vacant property,
excluding public streets and sidewalks, except as authorized by the
Director of Parks and Recreation and the Fire Department, and, if
applicable, the private property owner or his or her designated agent.
4. Any person who discharges state - approved fireworks on public
or private property shall be responsible for the removal of all spent
fireworks debris and litter or rubbish associated with the discharge of
fireworks, and for disposition thereof in an appropriate trash receptacle.
Spent fireworks debris shall be allowed to cool for at least thirty (30)
minutes or immersed in water before discarding to a trash receptacle.
5. No state - approved fireworks shall be discharged in the Fire
Hazard Severity Zones (FHSZ) of the city, as established and approved by
the Petaluma Fire Department with the assistance of the California
Department of Forestry and Fire Protection and within the boundaries set
forth on the FHSZ map as defined in Section 17.20.040 of the Petaluma
Municipal Code and kept on file in the Fire Marshal's Office. All fireworks
booths shall post a notice of such fireworks ban and a map designating
the FHSZ restrictions, in the form provided by the Fire Marshal's office.
Booth operators shall advise persons purchasing state - approved
fireworks to review the notice and map and advise them of the fireworks
restrictions in the FHSZ.
6. Supervision of minors. It shall be unlawful for any person having
the care, custody or control of a minor (under eighteen (18) years of
age) to permit such minor to discharge, explode, fire or set off any
Ordinance No. 2392 N.C.S. Page 33
dangerous, illegal fireworks at any time, or to permit such minor to
discharge or set off any state - approved fireworks unless such minor does
so under the direct supervision of a person over eighteen (18) years of
age and during the hours and on the day permitted by this section.
(1) Qualified Applicant Reporting Requirement. On or before November 1 st
of any sales year for which a qualified applicant received a sale permit, the
qualified applicant shall submit to the Fire Marshal a financial statement by the
treasurer or financial officer of the qualified applicant setting forth the total
gross receipts from the fireworks stand operated by the qualified applicant; all
expenses incurred and paid in connection with the purchase of fireworks and
the sale thereof; and to whom and for what purpose the net proceeds were or
will be disbursed, along with the most recent report filed by the qualified
applicant with the State Board of Equalization. The filing of the statement
required by this section with the city shall be a condition precedent to the
granting of any subsequent permit, and a permittee which fails to file such
statement shall not be considered a qualified applicant in any year subsequent
to its failure to file.
(m) Any permit issued under this section may be revoked by the Fire Chief in
case of any violation of this section or any terms or conditions of the permit. The
City Council may revoke said permit(s) and /or prohibit fireworks sales at any
time it deems necessary to protect the health, safety and welfare of the citizens
of the city.
Section 3310.1.1 is hereby added to read as follows:
3310. 1.1 - Reports to Council.
(a) On an annual basis, before June 15th of each calendar year, the fire
department will prepare and provide to the City Council an education and
enforcement plan. The plan will include the following:
1. Education and enforcement program to be implemented in a
given year.
36 2. Other relevant information deemed necessary by the Fire
37 Marshal to provide an overview of the city's experience in fireworks
38 enforcement relevant to that year's education and enforcement
39 programs.
40
Ordinance No. 2392 N.C.S. Page 34
(b) By no later than the last day of September, annually, the Fire Marshal will
provide to the City Council a fireworks after - action report. The report will include
the following:
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_
Ordinance No. 2392 N.C.S. Page 35
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.
Section 3310.3.2.1 is hereby added to read as follows:
3310.3.2.1 - Prohibition Against Possession, Use, Display or Discharge of Modified
State - Approved Fireworks. No person shall possess, use, display, discharge or
explode any state - approved firework that has been tampered with,
disassembled and /or rearranged, nor shall any person possess, use, display,
discharge, explode or combine the contents of multiple state - approved
fireworks, or combine, tape or change the originally intended purpose of state-
approved fireworks.
Section 3310.3.2.2 is hereby added to read as follows:
3310.3.2.2 - Prohibition Against Sale and Discharge of Piccolo Pete -Type
Fireworks
(a) Notwithstanding the provisions of Section 3309.2, no person shall sell, use,
distribute, give away or discharge, at any time, on any day, any "Piccolo Pete -
type firework" or any firework having substantially the some appearance and
discharge characteristics as any of these. Additionally, any retail sale, gift, or
donation of any "Piccolo Pete -type firework" (or any firework having
substantially the same appearance and discharge characteristics as any of
these) shall be a violation of this section.
(b) Except as otherwise provided herein, it shall be lawful for any person to
possess and /or transport any "Piccolo Pete -type firework" within the City of
Petaluma.
(c) This section shall not apply to persons, businesses or entities licensed by
the State Fire Marshal as a wholesaler and /or import /export concern to legally
possess or sell fireworks, including those prohibited by this section, within the City
for the primary purpose of sale and distribution outside the City.
CHAPTER 49 - REQUIREMENTS FOR WILDLAND -URBAN INTERFACE FIRE AREAS
Section 4902.1 The following definition is amended to read as follows:
Ordinance No. 2392 N.C.S. Page 36
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Wildland -Urban Interface Fire Area. The geographical area located within any
Moderate, High or Very High Fire Severity Zone as recommended by the CDF
Director pursuant to Public Resource Code Sections 4201 -4204 and
Government Code Sections 51175-51189 or in a High Fire Severity Zone as
identified by the Petaluma FRAP.
Section 4906.2 is amended to read as follows:
4906.2 - Applicability. New buildings for which a building permit is submitted on
or after January 1, 2011, that are located within any Moderate, High or Very
High Fire Severity Zone as designated by the Director of Cal Fire or in any
Moderate, High or Very High Fire Severity Zone as identified by the Fire Hazard
Security Zone (FHSZ) map as defined in Section 17.20.020 of the Petaluma
Municipal Fire Code shall comply with the following sections:
(a) Section 4907.1 California Fire Code
Defensible Space
(moderate, high, very high);
(b) Section 705A, 2010 California Building Code -
Roofing
(moderate, high, very high);
(c) Section 706A, 2010 California Building Code
- Vents (moderate,
high, very high);
(d) Section 707A 2010 California Building Code
- Exterior Covering
(moderate, high, very high);
(e) Section708A 2010 California Building Code
- Exterior Windows
and Doors (high, very high);
(f) Section 709A 2010 California Building Code -
Decking (high, very
high); and
(g) Section 710A 2010 California Building Code - Accessory
Structures (high, very high).
Section 4907.1 is amended to read as follows:
4907.1 - Defensible Space. The area within the perimeter of a parcel or
development where Fire Hazard Severity Zones (FHSZ) is implemented, providing
a key point of defense from any approaching fire. These areas are
characterized (but not limited to) establishment and maintenance of
emergency vehicle access, emergency water supplies, street names, building
identification, and fuel modification measures.
Ordinance No. 2392 N.C.S.
Page 37
1 Provisions for annual weed and brush abatement of the wildland -urban
2 interface fire area and the developed area shall be the responsibility of the
3 developer or property owner. A plan may be required that outlines the
4 provisions for weed abatement and shall be prepared by the property owner
5 and /or developer. When required, the plan shall include, but not be limited to,
6 the following elements:
7 (a) A defensible space of thirty feet (30') to one hundred feet (100');
8 depending on grade and other factors around all structures, either manmade
9 or natural, in which material capable of allowing fire to spread unchecked must
10 be cleared, treated or modified to slow the rate and intensity of an
11 approaching wildfire.
12 (b) A ten -foot (10') firebreak on each side of hillside roads or driveways
13 used for emergency access; such firebreaks may be landscaped with fire
14 resistive vegetation.
15 (c) Where required, fire breaks and /or disked trails up to thirty feet (30')
16 wide shall be identified on the plan and maintained throughout the fire season;
17 the location of such breaks /trails shall be approved by the Fire Code Official.
18 (d) Other fire protection measures based on best management practices
19 for wildfire exposure protection as required by the Fire Code Official.
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21 Section 4907.2 is added read as follows:
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23 4907.2 - Ancillary Buildings and Structures. When required by the enforcing
24 agency, ancillary buildings and structures and detached accessory structures
25 shall comply with the provisions of this chapter.
26 APPENDIX B - FIRE -FLOW REQUIREMENTS FOR BUILDINGS
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28 Section 13105.1 is amended to read as follows:
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30 B105.1 - One- and Two - Family Dwellings. The minimum fire -flow requirements
31 for one- and two - family dwellings having a fire -flow calculation area which
32 does not exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute
33 (5678.11 L /min). Fire -flow and flow duration for dwellings having a fire -flow
34 calculation area in excess of 3,600 square feet (344.5 m2) shall not be less than
35 that specified in Table B 105.1 of the 2010 California Fire Code.
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Ordinance No. 2392 N.C.S. Page 38
Section 8105.2 is amended to read as follows:
B105.2 - Buildings Other Than One- and Two - Family Dwellings. The minimum fire -
flow and flow duration for buildings other than one- and two - family dwellings
shall be as specified in Table 13105.1.
Exceptions A reduction in required fire -flow of up to fifty percent (50 %), as
approved, is allowed when the building is provided with an approved
automatic sprinkler system installed in accordance with other sections of this
code. The resulting fire -flow shall not be less than fifteen hundred gallons per
minute (1,500 gpm) for the prescribed duration as specified in Table B 105.1.
APPENDIX C - FIRE HYDRANT LOCATIONS AND DISTRIBUTION
Section C105.1 is amended to read as follows:
C105.1 - Hydrant Spacing. The average spacing between fire hydrants shall not
exceed that listed in Table C 105.1.
Exceptions The Fire Chief is authorized to allow deviations from this section
where existing fire hydrants provide all or a portion of the required fire hydrant
service.
Table C105.1 of Appendix C: Footnotes (f) and (g) are added to read as follows:
(f) For commercial, industrial and multifamily residential dwellings, average
spacing shall be no greater than three hundred feet (300').
(g) A fire hydrant shall be located within fifty feet (50') of the FDC, or as
approved by the Fire Code Official.
APPENDIX D - FIRE APPARATUS ACCESS ROADS
Section D103.2 is amended to read as follows:
D103.2 - Grade. The grade of fire apparatus access roads shall be in
accordance with the City of Petaluma standards for public streets or as
approved by the Fire Chief.
Ordinance No. 2392 N.C.S. Page 39
Section D103.3 is hereby amended to read as follows:
D103.3 - Turning Radius. The minimum turning radius shall be determined by the
Fire Code Official or as approved by local standards.
Section D103.4 is amended to read as follows:
D103.4 - Dead Ends. Dead -end fire apparatus access roads in excess of one
hundred fifty feet (150') (45.720 m) shall be provided with width and turnaround
provisions in accordance with the local agency requirements for public streets
or as approved by local standards.
Table D103.4 is deleted in its entirety.
Section D103.6 is amended to read as follows:
D103.6 - Signs. Where required by the Fire Code Official, fire apparatus access
roads shall be marked with permanent NO PARKING -FIRE LANE signs complying
with the California Vehicle Code and fire department standards.
Section D104.2 is amended to delete the Exception and read as follows:
D104.2 - Buildings Exceeding 62,000 Square Feet in Area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5,760 m2) shall be
provided with two (2) separate and approved fire apparatus access roads.
Section D106.1 is amended to delete the exception and read as follows:
D106.1 - Projects having more than fifty (50) dwelling units. Multiple - family
residential projects having more than fifty (50) dwelling units shall be provided
with two (2) separate and approved fire apparatus access roads.
Section D106.2 is hereby deleted.
Section D107.1 is amended to delete Exceptions 1 and 2 and read as follows:
D107.1 - One- or Two - Family Dwelling Residential Developments. Developments
of one- and two - family dwellings where the number of dwelling units exceeds
fifty (50) shall be provided with two (2) separate and approved fire apparatus
access roads and shall meet the requirements of section D 104.3.
Ordinance No. 2392 N.C.S. Page 40
1 SECTION 6: Section 17.20.060 of the Petaluma Municipal Code is hereby added to read
2 as follows:
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17.20.060 - New Materials, Processes or Occupancies Which May Require
Permits. The City Manager, the Fire Chief and the Chief of the Bureau of Fire
Prevention shall act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials, processes or
occupancies for which permits are required in addition to those now
enumerated in this code. The Chief of the Bureau of Fire Prevention shall post
such list in a conspicuous place at the Bureau of Fire Prevention and distribute
copies thereof to interested persons.
SECTION 7: The City Clerk is hereby directed to file this ordinance and the attached
findings of fact with the California Building Standards Commission.
SECTION 8: All former ordinances or parts thereof conflicting or inconsistent with the
provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed.
SECTION 9: If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
SECTION 10: The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c) (2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 11: This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council, and its provisions shall become applicable on January
1, 2011.
Ordinance No. 2392 N.C.S. Page 41
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SECTION 12: The City Clerk is hereby further directed to post and publish this ordinance
or a synopsis of this ordinance for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted / published this 15th day of November, 2010.
ADOPTED this 6th day of December, 2010 by the following vote:
Ayes:
Noes:
Abstain
Absent:
ATTEST:
Barrett, Vice Mayor Glass, Harris, Healy, Renee, Rabbitt, Mayor Torliatt
None
None
None
Claire Cooper, City Clerk
APPROVED AS LO IFO
Eric W. Danly, City
Ordinance No. 2392 N.C.S.
Page 42
Exhibit A
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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 Standards Code as it pertains to the regulation of buildings used for
human habitation. A copy of the text of such changes or modifications is attached.
FINDINGS Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIO 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.
29 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.
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 -15 mph range, gusting to
7.4 -30 mph, 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
Ordinance No. 2392 N.C.S.
Page 43
1 and conflagrations. The winds experienced in this area also adversely impact structure fires in
2 buildings in close proximity to one another. Winds can carry sparks and burning branches to
3 other structures, thus spreading the fire and causing conflagrations. In building fires, winds can
4 literally force fires back into the building and create a blowtorch effect, in addition to
5 preventing "natural" ventilation and cross - ventilation efforts. Petaluma's downtown and
6 surrounding areas contain numerous historic and older buildings that are located very close
7 together, which exacerbates the fire danger from dry conditions, wind, and shake /shingle roofs.
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TOPOGRAPHIC
The. topographic fire environment of a community is primarily the combination of two factors:
the area's physical geographic characteristics and the historic pattern of urban - suburban
development. These two factors, alone and combined, create a mixture of environments which
ultimately determine the areas' fire protection needs.
The basic geographical boundaries of the city include hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the city through
the central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
population estimated at 57,000. The city's service area is a conglomeration 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
from one location to the next. For example, the central downtown area contains older buildings
situated close together, which increases the ability of fire to spread from one building to the
next. In contrast, some of the properties on the outlying hills are far apart, but contain large
grassy acreages that promote quickly- spreading wildfires during the 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 have slopes ranging from 15 - 30 %. As a basic rule of thumb, the rate of spread will
double as the slope percentage doubles, all other factors remaining the same.
The local vegetation further contributes to fire dangers in the city. Petaluma's semi -arid
Mediterranean -type climate produces vegetation similar to that of most of Sonoma County. In
the long periods of the year with little or no rain (April through October), this vegetation provides
ready fuel for fast - spreading wildfires.
Moreover, some of the structures in the city have combustible wood - shingle or shake roofs. This
very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
spread of fire to adjacent buildings.
GEOLOGICAL
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)
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affect the Petaluma area. Approximately fifty percent (50 %) of the city's land surface is in the
high -to- moderate seismic hazard zones.
The majority of the city's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest
number, 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;
• The extent of roadway damage and /or amount of debris blocking the roadways;
• Climatic conditions (hot, dry weather with high winds);
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk of life during normal business hours;
• The availability of timely mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time; and
• The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.
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
104.1 1.4
a, b, c
105.2
a, b, c
109.3
a, b, c
1 1 1 .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
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Section Number Local Climatic, Geologic and Topographical Conditions
503.2.7
a, b, c
503.4
a, b, c
505.1
a, b, c
505.1.1
a, b, c
505.1.2
a, c
506.1
a, b
507.5
a, b, c
507.5.1
a, b, c
510.1
b, c
605.11
a, b, c
901 .7.7
a, b
903.2
a, b, c
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
903.2.19.4
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. 13105.1
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. D 103.3
a, b
Appendix Ch. D 103.4
a, b, c
Appendix Ch. D 103.4.1
a, b, c
Appendix Ch. D 103.4.2
a, b, c
Table D103.4
a, b, c
Appendix Ch. D1
a, b
Appendix Ch. D 104.2
a, b
Appendix Ch. D 106.1
a, b
Appendix Ch. D 107.1
a, b
Ordinance No. 2392 N.C.S.
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