HomeMy WebLinkAboutStaff Report 4.A 11/07/2016Agenda Item #4.A
DATE: November 7, 2016
TO: Honorable Mayor and Members of the City Counci through City Manager
FROM: Leonard Thompson, Fire Chief
SUBJECT: Adoption (Second Reading) of an Ordinance Repealing and Replacing Sections
17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal Code
to Adopt the 2016 California Fire Code, California Building Standards Code,
Title 24, Part 9, Based on the 2015 Edition of the International Fire Code
RECOMMENDATION
It is recommended that the City Council conduct a second reading and adopt the attached
Ordinance Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of
the Petaluma Municipal Code to Adopt the 2016 California Fire Code, California Building
Standards Code, Title 24, Part 9, Based on the 2015 Edition of the International Fire Code.
BACKGROUND
On October 17, 2016, the City Council unanimously approved the first reading of an Ordinance
Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the
Petaluma Municipal Code to Adopt the 2016 California Fire Code, California Building Standards
Code, Title 24, Part 9, Based on the 2015 Edition of the International Fire Code. The
recommended action provides for second reading and adoption of the ordinance.
DISCUSSION
The 2016 California Building Standards Code, California Code of Regulations (CCR), Title 24,
was published in July, 2016 and becomes effective automatically to all jurisdictions within
California on January 1, 2017. The California Fire Code is Part 9 of these regulations. The Fire
Code establishes regulations for abating fire hazards for all buildings and their uses. Prior to the
effective date of January 1, 2017, local jurisdictions have an opportunity to prepare amendments
and additions to the codes to reflect local conditions.
FINANCIAL IMPACTS
None.
ATTACHMENTS
Proposed Ordinance (with Exhibit A).
I ORDINANCE NO. N.C.S.
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4 Introduced by Seconded by
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11 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
12 REPEALING AND REPLACING SECTIONS 17.20.010,17.20.040,17.20.050
13 AND 17.20.060 OF THE PETALUMA MUNICIPAL CODE TO ADOPT THE
14 2016 CALIFORNIA FIRE CODE, CALIFORNIA BUILDING STANDARDS
15 CODE, TITLE 24, PART 9, BASED ON THE 2015 EDITION OF THE
16 INTERNATIONAL FIRE CODE, INCLUDING LOCAL AMENDMENTS
17 TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING
18 STANDARDS CODE
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21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
22 FOLLOWS:
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24 SECTION 1: Sections 17.20.010, 17.20.040, 17.20.050 and 17.20.060 of the
25 Petaluma Municipal Code are hereby repealed in their entirety.
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27 SECTION 2: Pursuant to California Health and Safety Code section 17958.7, the
28 City Council makes the factual findings set forth in "Exhibit A" attached hereto and
29 incorporated herein by reference, and finds that the amendments made in this Ordinance to
30 the California Building Standards Code, Title 24, Part 9, 2016 California Fire Code, based
31 on the 2015 Edition of the International Fire Code, are reasonably necessary because of the
32 local climatic, geological or topographical conditions set forth in said Exhibit.
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34 SECTION 3: Section 17.20.010 of the Petaluma Municipal Code is hereby added
35 to read as follows:
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37 17.20.010 - ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE,
38 TITLE 24, PART 9, 2016 CALIFORNIA FIRE CODE, INCORPORATING
39 THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE
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41 There is hereby adopted by the City of Petaluma for the purpose of prescribing
42 regulations governing conditions hazardous to life and property from fire,
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1 hazardous materials or explosion, that certain Code and Standards known as the
2 California Code of Regulations Title 24, Part 9, 2016 California Fire Code (CFC),
3 incorporating the 2015 Edition of the International Fire Code, including
4 Appencies, Chapter 4, A, B, C, D, E, F, G, H, I, and J published by the
5 International Code Council and the California Building Standards Commission,
6 being particularly the 2016 Edition California Fire Code (CFC) and the whole
7 thereof, save and except such portions as are hereinafter deleted, added or
8 amended by this chapter. Not less than one copy of said code has been and is now
9 filed in the Office of the Clerk of the City and the same is adopted and
10 incorporated as fully as if set out at length herein and the provisions thereof shall
11 be controlling within the limits of the City.
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13 SECTION 4: Section 17.20.040 of the Petaluma Municipal Code is hereby added
14 to read as follows:
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16 17.20.040 - Establishment of Fire Hazard Severity Zone(s) (FHSZs)
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18 (a) Limits related to Chapter 49 of the California Fire Code Requirements for
19 Wildland -Urban Interface Fire Areas as amended and adopted by City of Petaluma.
20 Chapter 49 shall apply to all real property with newly constructed buildings within
21 the City of Petaluma located within the (FHSZ) as designated by the Chief and the
22 Fire Resources Assessment Program (FRAP) map published by Cal Fire and as
23 amended by the Chief. A map of such areas is maintained in the office of the Fire
24 Prevention Bureau.
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26 SECTION 5: Section 17.20.050 of the Petaluma Municipal Code, entitled
27 "Amendments Made in the California Fire Code ", is hereby added to include the following
28 additions, amendments and deletions to the 2016 California Fire Code:
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30 CHAPTER 1 -- SCOPE AND ADMINISTRATION
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32 Section 101.1 is amended to read as follows:
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34 101.1 - Title. This chapter shall be known as the "2106 California Fire Code ",
35 including the appendices and may be cited and referred to as such.
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37 Section 102.3 is amended to read as follows:
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39 102.3 - Change of Use or Occupancy. No change shall be made in the use or
40 occupancy of any structure that would place the structure in a different division of
41 the same group or occupancy or in a different group of occupancies, unless such
42 structure is made to comply with the requirements of this code, the California
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I Building Code as adopted by the City of Petaluma City Council (City Council), and
2 the International Building Code. Subject to the approval of the Fire Code Official,
3 the use or occupancy of an existing structure shall be allowed to be changed and the
4 structure is allowed to be occupied for purposes in other groups without conforming
5 to all the requirements of this code, the California Building Code as adopted by the
6 City Council, and the International Building Code for those groups, provided the
7 new or proposed use is less hazardous, based on life and fire risk, than the existing
8 use.
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10 Section 102.7.3 is added to read as follows:
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12 102.7.3 - Supplemental Rules, Regulations and Standards. The Fire Code
13 Official is authorized to render interpretations of this code and to make and enforce
14 rules and supplemental regulations and to develop Fire Prevention Standards to
15 carry out the application and intent of its provisions.
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17 Section 103.1.1 is added to read as follows:
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19 103.1.1 - General. Where this code refers to the Department of Fire Prevention,
20 the Fire Prevention Bureau will be inserted. Where this code refers to the Fire
21 Marshal, the Fire Code Official will be inserted.
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23 Section 104.3 is amended to read as follows:
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25 104.3 - Right of Entry.
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27 (a) The Fire Chief, or his/her authorized representative in the performance of
28 duties herein prescribed, shall have the right to enter upon and into any and all
29 premises under his/her jurisdiction, at all reasonable hours for the purpose of
30 inspecting the same to determine whether or not the provisions of this code and all
31 applicable laws or Ordinances pertaining to the protection of persons and property
32 from fire, explosion or exposure to hazardous materials are observed therein.
33 Provided, however, that an inspection warrant, issued pursuant to Title 13, Part 3'of
34 the Code of Civil Procedure be first secured where entry is refused, except in an
35 emergency situation. No owner, occupant or any other person having charge, care
36 or control of any building or premises shall fail or neglect, after proper request is
37 made as herein provided to promptly permit entry therein by the Chief or his/her
38 authorized representative for the purpose of inspection and examination pursuant to
39 this code.
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41 (b) The Fire Chief, and his /her duly authorized representative, shall have the
42 authority to enter any building, or premises for the purpose of extinguishing or
1 controlling any fire, performing rescue operation, investigating the existence of
2 suspected or reported fires, gas leaks or other hazardous conditions or taking any
3 other action necessary in the reasonable performance of their duty.
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5 Section 104.7.2 is amended to read as follows:
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7 104.7.2 - Technical Assistance. To determine the acceptability of technologies,
8 processes, products, facilities, materials and uses attending the design, operation or
9 use of a building or premises subject to inspection by the Fire Code Official, the
10 Fire Code Official is authorized to require the owner or agent to provide, without
11 charge to the jurisdiction, a scope of work, technical opinion, and all the reports
12 necessary to verify compliance with the applicable codes and standards. The
13 opinion and report shall be prepared by a qualified engineer, specialist, and
14 laboratory or fire safety specialty organization acceptable to the Fire Code Official
15 and shall analyze the fire safety properties of the design, operation or use of the
16 building or premises and the facilities and appurtenances situated thereon, to
17 recommend necessary changes. The Fire Code Official is authorized to require
18 design submittals to be prepared by, and bear the stamp of, a registered design
19 professional.
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21 Section 104.11.4 is added to read as follows:
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23 104.11.4 - Charges. The expense of securing any emergency that is within the
24 responsibility for enforcement of the Fire Chief as given in Section 104.11 is a
25 charge against the person who caused the emergency. Damages and expenses
26 incurred by any public agency having jurisdiction or any public agency assisting the
27 agency having jurisdiction shall constitute a debt of such person to the City and
28 shall be collectable by the Fire Chief for proper distribution in the same manner as
29 in the case of an obligation under an expressed or implied contract. Expenses as
30 stated above shall include, but not be limited to, equipment and personnel
31 committed and any payments required by the public agency to outside business
32 firms requested by the public agency to secure the emergency, monitor remediation
33 and clean up the site.
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35 Section 105.1.4 is added to read as follows:
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37 105.1.4 - New Materials and Permits. The Fire Chief and the Fire Code Official
38 may act as a committee to determine and specify any new regulated materials, and
39 shall establish processes or occupancies requiring permits in addition to those
40 enumerated in this code. The Fire Chief or designee shall post such list in a
41 conspicuous place in the office, and distribute copies thereof to interested persons.
42 Permits under this section shall be administered in accordance with Section 105.
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Section 105.6.8 (Table 105.6.8) is amended to read as follows:
Table: 105.6.8
Permit Amounts for Compressed Gases
Type of Gas
Amount
(cubic feet at NTP)
Corrosive
200
Flammable (except liquefied petroleum gas)
200
Highly toxic
Any Amount
Inert and simple asphyxiate
2,000
Oxidizing (including Oxygen)
200
Pyrophoric
Any Amount
Toxic
Any Amount
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 105.7.6.1 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 protection of cooking equipment, protection of computers or other high
value items or systems other than fire sprinklers.
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
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1 occupancy. Occupancies complying with Health and Safety Code Section 13235
2 are exempt.
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4 Section 105.6.39.2 is added to read as follows:
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6 105.6.39.2 - Retail Sales of Fireworks. An operational permit to engage in the
7 sales or distribution of state - approved fireworks is required.
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9 Section 105.7.11.1 is added to read as follows:
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11 105.7.11.1 - Medical Gas Systems. A construction permit is required to install a
12 medical gas system.
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14 Section 105.7.12 is amended to read as follows:
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16 105.7.12 - Private Fire Hydrants and Underground Fire Main Installations.
17 A construction permit is required for the installation of any private fire hydrants
18 and /or underground fire mains to supply fire hydrant(s) and /or fire sprinklers.
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20 Section 108.1 is amended to read as follows:
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22 Section 108.1— Appeals
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24 (a) Appeals. Whenever the Fire Chief disapproves an application or refuses
25 to grant a permit applied for, or when it is claimed that the provisions of the code
26 do not apply or that the true intent and meaning of the code have been
27 misconstrued or wrongly interpreted, the applicant may appeal from the decision
28 of the Fire Chief to the board of appeals, which is designated to be the board of
29 building review as heretofore established and appointed according to Chapter
30 17.08 of the Petaluma Municipal Code, within thirty (30) days from the date of
31 the decision appealed. The Fire Chief shall act as secretary of the board when it is
32 hearing appeals concerned with the Fire Code.
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34 (b) Fireworks Booth Sales Permits. Notwithstanding Section (a), the
35 following appeals procedure shall apply exclusively to permits for Fireworks
36 Booths Sales under this Code. Any person aggrieved by a decision of the Fire
37 Chief, or his/her designee, to disapprove an application, refuse to grant a permit,
38 place conditions on a permit, or revoke a fireworks booth sales permit shall have a
39 right of appeal of the decision to the City Manager, or his /her designee. Such
40 appeal shall be taken by filing a written notice of appeal with the City Clerk
41 within ten (10) days of the date of the decision. The appeal shall set forth the
42 grounds for the appeal and the name and address of the person requesting the
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I appeal. A failure to file a timely and complete appeal shall render the decision
2 final and conclusive. The City Manager shall, within ten (10) days of the filing of
3 the appeal, set a time and place for a hearing on the appeal. The appeal shall be
4 set no less than five (5) days after the filing of the appeal and no more than sixty
5 (60) days after the filing of the appeal. The City Manager's determination
6 following the hearing shall be in writing and shall contain a statement of the facts
7 upon which the determination is based. The City Manager's determination shall
8 be sent first -class U.S. mail, postage prepaid to the person requesting the appeal,
9 not later than ten (10) days following the date of such determination. The
10 determination of the City Manager shall be final and conclusive. (Ord. 2175 NCS
11 §3, 2004: Ord. 1997 NCS §1 (part), 1995.)
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13 Section 108.3 is deleted in its entirety.
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15 Section 109.4 is amended as follows:
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17 109.4 - Violation Penalties
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19 (a) Any violation of the provisions of this section shall be a misdemeanor.
20 Notwithstanding the preceding sentence, a violation of the provisions of this
21 section may be charged and prosecuted as an infraction at the discretion of the
22 City Attorney's office or other enforcing authority.
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24 (b) A person is guilty of a separate offense for each day during which he /she
25 commits, or continues or permits a violation of this chapter, or each time he /she
26 disobeys a valid order of an enforcement officer.
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28 (c) Because of the serious threat of fire or injury posed by the use of
29 'Dangerous Fireworks" that can result from persistent or repeated failures to
30 comply with the provisions of this code and the effect of such conditions or
31 activities on the safety and the use and enjoyment of surrounding properties and
32 to the public health, safety and welfare, this Article imposes liability upon the
33 owners of residential real property for all violations of this code existing on their
34 residential real property. Each contiguous use, display and /or possession shall
35 constitute a separate violation and shall be subject to a separate administrative
36 fine.
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38 (d) Nothing in this section shall prohibit a court from imposing restitution
39 upon any person convicted of a violation of the provisions of this section.
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(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 109.4(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 109.4(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
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I reimbursement to the State Fire Marshal for the cost of transportation and
2 disposal of any dangerous fireworks seized by the City.
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4 3. Other than as expressly modified herein, enforcement of violations
5 by administrative citation pursuant to Health & Safety Code Section
6 12557 shall be subject to the provisions of Petaluma Municipal Code
7 Chapter 1.16.
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9 Section 109.5 is added to read as follows:
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11 Section 109.5 - Authority to Issue Citations. The Fire Chief and members of
12 the Fire Prevention Bureau who have the discretionary duty to enforce a statute or
13 Ordinance may, pursuant to Section 836.5 of the California Penal Code and
14 subject to the provisions thereof, arrest a person without a warrant whenever the
15 Fire Chief or member of the Fire Prevention Bureau has reasonable cause to
16 believe that the person to be arrested has committed a violation in the presence of
17 the Fire Chief or member of the Fire Prevention Bureau which he or she has
18 discretionary duty to enforce, and to issue a notice to appear and to release such
19 person on his or her written promise to appear in court, pursuant to the provisions
20 of Section 853.5 et seq. of the California Penal Code.
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22 Section 111.1 is amended to read as follows:
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24 111.1 - Order /Authority. Whenever the Fire Code Official finds any work
25 regulated by this code, the Petaluma Municipal Code or the Zoning Ordinance
26 being performed in a manner contrary to the provisions of this code, without a
27 permit, beyond the scope of the issued permit, in violation of this code, the
28 Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or
29 unsafe, the Fire Code Official is authorized to issue a stop work order.
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31 Section 111.2 is amended to read as follows:
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33 111.2 — Issuance. The stop work order shall be in writing and shall be posted in a
34 visible location near the location where the work is being conducted. If the owner
35 or owner's agent is not on site at the time of posting, a notice advising the reasons
36 for the stop work order issuance shall be hand delivered or mailed first -class to
37 the owner of the property involved, or to the owner's agent, or to the person doing
38 the work. Upon issuance of a stop work order, the cited work shall immediately
39 cease. The stop work order shall state the reason for the order, the conditions
40 under which the cited work will be permitted to resume, and the name and contact
41 information of the official or agency issuing the order.
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1 Section 111.3 is amended to read as follows:
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3 111.3 - Emergencies/Unlawful Continuance. Where an emergency exists, the
4 Fire Code Official shall not be required to give written notice prior to stopping
5 work. Any person who continues to engage in any work after having been served
6 with a stop work order, except such work as that person is directed to perform to
7 remove a violation or unsafe condition, shall be guilty of a misdemeanor.
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9 Section 111.4 is amended to read as follows:
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11 111.4 - Failure to Comply. Any person who shall continue any work after
12 having been served with a stop work order, except such work as that person is
13 directed to perform to remove a violation or unsafe condition, shall be subject to
14 the penalty provisions of the City of Petaluma Municipal Codes or state law.
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16 Section 111.4.1 is added to read as follows:
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18 111.4.1 - Removal of Posted Stop Work Order. Any person who removes a
19 posted stop work order without written consent of the Fire Code Official shall be
20 guilty of a misdemeanor.
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22 Section 111.4.2 is added to read as follows:
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24 111.4.2 - Response Required. Violators receiving a stop work order are required
25 to respond to the Fire Prevention Bureau within two (2) business days of the
26 issued notice to receive instructions on how to rescind the order.
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28 Section 111.4.3 is added to read as follows:
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30 111.4.3 - Permit Application Required. A fire permit application must be
31 submitted for approval within fifteen (15) working days following response to the
32 Fire Prevention Bureau. Plans will be reviewed and correction letters issued or
33 permit application approved within fifteen (15) working days of receipt by the
34 Fire Prevention Bureau. A response to any correction letter must be submitted
35 within fifteen (15) working days of the date of the correction letter. Five working
36 days will be required to review this second submission and a permit approved for
37 issuance. Permits ready for issuance must be issued within five (5) working days
38 thereafter. All construction must be inspected as work progresses and signed off
39 by all (affected) departments within sixty (60) days of permit issuance.
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Section 111.4.4 is added to read as follows:
111.4.4–
111.4.4 —Stop Work Order Penalty. The Fire Code Official may impose Stop Work Order
Penalties in accordance with Section 1. 14.050 of this code and /or other applicable law.
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, of not less than thirty feet (30') (9.1.44 m) around any building or
structure. Distances may be modified by the Fire Code Official because of a site -
specific analysis based on local conditions.
Section 307.2.1.1 is added to read as follows:
307.2.1.1 – Use of Outdoor BBQs, Fireplaces and Fire Pits. The use of outdoor
BBQs, fireplaces and fire pits shall meet the requirements set forth in the Petaluma
Fire Department's standard entitled Outdoor Fireplace /Fire Pit Standard.
CHAPTER 5 – FIRE SERVICE FEATURES
Section 501.1 is amended to read as follows:
501.1 - Scope. Fire service features 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, parking
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I lot lane and access roadway. Public streets may be defined by the standards of
2 the local agency having jurisdiction over the project.
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4 Floor Area. The floor area used for calculating the required fire flow shall be the
5 total floor area of all floor levels within the exterior walls of a structure that are
6 under the horizontal projection of the roof, except as modified in Appendix
7 Section B104 of the 2013 California Fire Code.
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9 Section 503.2.6 is amended to read as follows:
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11 503.2.6 - Bridges and Elevated Surfaces. Where a bridge or an elevated surface
12 is part of a fire apparatus access road, the bridge shall be constructed and
13 maintained in accordance with the American Association of State Highway and
14 Transportation Officials (AASHTO) Standard Specifications. Bridges and
15 elevated surfaces shall be designed for a live load sufficient to carry the imposed
16 loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
17 bridges when required by the Fire Code Official. Where elevated surfaces
18 designed for emergency vehicle use are adjacent to surfaces which are not
19 designed for such use, approved barriers, approved signs or both shall be installed
20 and maintained when required by the Fire Code Official.
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22 Section 503.2.6.1 is added to read:
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24 503.2.6.1 - Evaluation. All existing private bridges and elevated surfaces shall
25 be evaluated by a California licensed civil engineer experienced in structural
26 engineering or a California licensed structural engineer for the purposes of safety
27 and weight rating and the vehicle load limits shall be posted at both entrances to
28 bridges. Theses evaluations shall be performed at the direction of the Fire Code
29 Official.
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31 Section 503.2.6.2 is added to read:
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33 503.2.6.2 - Bridge Maintenance. All new and existing bridges and elevated
34 structures providing emergency access shall be routinely evaluated and
35 maintained in accordance with the American Association of State Highway and
36 Transportation Officials (AASHTO) Manual: "The Manual for Bridge
37 Evaluation ", First Edition, 2008, published by the American Association of State
38 Highway and Transportation Officials; or other approved standard.
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40 Section 503.2.7.1 is added to read as follows:
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1 503.2.7.1 - Grade Angles. The maximum allowable grade for driveways and
2 roadways used for fire apparatus access is twelve percent (12 %). Special
3 allowances up to a maximum of eighteen percent (18 %) may be granted with the
4 approval of the Fire Code Official and City Engineer.
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6 Section 505.1 is amended to read as follows:
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8 505.1 - Address Identification. New and existing buildings shall be provided
9 with approved illuminated address numbers or letters. They shall be contrasting
10 with the background and be plainly visible from the street or road fronting the
11 property. Address numbers shall be Arabic numerals or alphabetic letters. Where
12 access is by means of a private road and the building cannot be viewed from the
13 public way, a monument, pole, or other approved sign or means shall be used to
14 identify the structure. Address identification shall comply with Fire Department
15 Standards.
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17 Section 505.1.1 is added to read as follows:
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19 505.1.1 - One and Two - Family Dwellings. Numbers for one and two - family
20 dwellings shall be a minimum of four inches (4 ") (101.6mm) high with a
21 minimum stroke width of 0.5 inches (12.7 mm).
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23 Section 505.1.2 is added to read as follows:
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25 505.1.2 - Numbers for Other Than One- and Two - Family Dwellings.
26 Numbers for other than one- and two - family dwellings shall be a minimum of
27 twelve inches (12 ") high with a minimum stroke width of one inch (P). Suite and
28 unit directional numbers shall be a minimum of six inches (6 ") in height with a
29 minimum stroke width of 0.75 inches. Individual unit numbers shall be a
30 minimum of four inches (4 ") in height with a minimum of strike with of one -half
31 inch (1/2 ").
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33 Section 505.1.3 is added to read as follows:
34
35 505.1.3 - Complex Directory. Where two (2) or more buildings are set back off
36 the street in excess of one hundred fifty feet (150') or when required by the Fire
37 Code Official, an approved illuminated complex directory shall be provided at the
38 main entrances to the property.
39
40 Section 506.1 is amended to read as follows:
41
13 /Ll
I Section 506.1 - Key Boxes. When access to or within a structure or area is
2 determined by the Fire Code Official to be unduly difficult because of secured
3 openings (doors or gates) or due to the presence of hazardous materials or fire
4 protection systems, a key box shall be required to be installed at an accessible
5 location. The key box shall be an approved type and contain those keys necessary
6 to gain access.
7
8 Section 507.3.1 is added to read as follows:
9
10 507.3.1 - Adequate Water Supply. Minimum fire flow for buildings shall be
11 calculated as specified in California Fire Code Section B105 of Appendix B
12 "Fire -Flow Requirements for Buildings ". If building fire flow calculations cannot
13 be made at the time of project submittal, the following fire flows shall apply.
14 When the building fire flow calculations are submitted, these flows shall be
15 adjusted in accordance with Appendix B:
16
17 • Single and Two Family Residential: 1,500 GPM
18 • Commercial, Industrial, Schools and Multi - Family Residential: 2,500
19 GPM
20
21 Fire flows for single - family dwellings may be reduced to the minimum flow as
22 permitted by Appendix B so long as the residual pressure shall be a minimum of
23 twenty pounds (20 lbs.) per square inch (psi) available for firefighting.
24
25 Section 507.5 is amended to read as follows:
26
27 507.5 - Fire Hydrant Systems. Fire hydrant systems shall comply with Sections
28 507.5.1 through 507.5.6 and Appendix C as amended.
29
30 Section 507.5.1 is amended to read as follows:
31
32 507.5.1 - Where Required. Where a portion of the facility or building hereafter
33 constructed or moved into or within the jurisdiction is more than 150 feet (45.179
34 m) from a hydrant on a fire apparatus access road, as measured by an approved
35 route around the exterior of the facility or building, on -site fire hydrants and
36 mains shall be provided where required by the Fire Code Official.
37
38 Section 507.5.1 the exception is deleted.
39
40 Section 507.5.1.2 is added to read as follows:
41
42 507.5.1.2 - Additional Requirements.
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(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.
(b) Divided streets shall have hydrants located as required by the Fire Code
Official on both sides of the street and they shall be staggered to prevent a hydrant
being placed directly across the divided street from another hydrant.
(c) Types of Hydrants: Hydrants shall confoim to the City of Petaluma Sewer
and Water Design and Construction Standards.
CHAPTER 7 — FIRE RESISTANCE -RATED CONSTRUCTION
Section 706 is added to read as follows:
706 - 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 buildings.
CHAPTER 9 — FIRE PROTECTION SYSTEMS
901.7.6.1 is added to read as follows:
901.7.6.1 - Problematic and Unreliable Fire Alarms. The Fire Code Official
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
Code Official may order the following:
(a) For any nuisance alarm where the system is not restored, the system owner
must provide standby personnel or take such other measures as the Fire Code
Official deems appropriate. Such measures shall remain in place until a fire
department approved fire alarm maintenance firm certifies in writing to the Fire
Code Official that the alarm system has been restored to a reliable condition. The
Fire Code Official may require such tests as he /she deems necessary to
demonstrate the adequacy of the system.
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I (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma
2 fee schedule.
3
4 Section 903.2 is amended to read as follows:
5
6 903.2 - Where Required. Approved automatic sprinkler systems in new
7 buildings and structures shall be provided in locations described in this section.
8 Additional local requirements are described in Sections 903.2.1 through
9 903.2.19.1.2 and may supersede the following requirements. The most restrictive
10 requirement shall apply.
11
12 Section 903.2.20 is added to read as follows:
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14 903.2.20 - Local Fire Sprinkler System Requirements.
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16 Section 903.2.20.1 is added to read as follows:
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18 903.2.20.1 - System Requirements. An approved automatic fire sprinkler system
19 shall be installed and maintained in all newly constructed buildings.
20
21 Exceptions:
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23 1. Detached Group U occupancies one thousand square feet (1,000' sq.) or
24 less. Agricultural buildings and private riding arenas as approved by the Fire
25 or Building Code Official.
26
27 2. Detached pool houses up to one thousand square feet (1,000' sq.) in floor
28 area within fifty feet (50') of the pool and limited to a single bathroom.
29
30 3. Detached non - combustible motor vehicle fuel dispensing canopies
31 classified as a Group M occupancy.
32
33 4. A room above a detached garage used for storage only that does not
34 contain a bathroom, cooking or refrigeration facilities.
35
36 5. Detached carports of noncombustible construction with non - habitable
37 spaces above.
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39 6. Detached Group B or M occupancies five hundred square feet (500' sq.)
40 or less.
41
42 Section 903.2.20.2 is added to read as follows:
16 / r�
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2 903.2.20.2 — Group R -3. An automatic sprinkler system installed in accordance with
3 Section 903.3.1.3 shall be provided throughout all one- and two- family dwellings
4 regardless of square footage in accordance with the California Residential Code. Fire
5 Sprinklers shall be installed in all mobile homes, manufactured homes and multi- family
6 manufactured homes with two or more dwelling units in accordance with Title 25 of the
7 California Code of Regulations.
8
9 Section 903.2.20.3 is added to read as follows:
10
11 903.2.20.3 — Additions - Residential. Additions to existing residential buildings
12 that increase the total square footage of existing floor area by fifty percent (50 %)
13 or greater shall meet the requirements for a newly constructed building. This
14 requirement applies to the cumulative effect on square footage of 50% or greater
15 as a result of additions taking place over a five year period involving one or more
16 building permits. All additions to residential buildings with an existing approved
17 automatic sprinkler system shall be required to extend the sprinkler system into
18 the addition.
19
20 Section 903.2.20.4 is added to read as follows:
21
22 903.2.20.4 - Remodels, Repairs and /or Alterations. Residential remodels,
23 repairs and /or alterations, individually or any combination thereof, involving fifty
24 percent (50 %) or greater of square footage of the existing floor area shall meet the
25 requirements for a newly constructed building. This requirement applies to the
26 cumulative effect on square footage of fifty percent (50 %) or greater as a result of
27 remodels, repairs and /or alterations taking place over a five year period involving
28 one or more building permits.
29
30 Section 903.2.20.5 is added to read:
31
32 903.2.20.5 - Additions - Commercial and Multi- Family Additions. Additions to
33 existing commercial buildings that increase the total square footage of existing
34 floor area by twenty -five percent (25 %) or greater shall meet the requirements for
35 a newly constructed building. All additions to commercial buildings with an
36 existing approved automatic sprinkler system shall be required to extend the
37 sprinklers into the addition.
38
39 Section 903.2.20.6 is added to read as follows:
40
41 903.2.20.6 - Remodels, Alterations or Repairs- Commercial. For remodels,
42 alterations and /or repairs to existing building(s) involving demolition, removal or
17 '9
1 repair of fifty percent (50 %) or greater of the structure, the building shall meet the
2 automatic fire sprinkler requirements for a newly constructed building.
3
4 Exceptions: Alterations or additions made solely for the purpose of complying
5 with the American's with Disabilities Act.
6 Section 903.2.20.7 is added to read:
7
8 903.2.20.7 - Changes of Occupancy. When any change of occupancy occurs
9 where the proposed new occupancy classification is more hazardous based on fire
10 and life safety risks as determined by the Fire Code Official including, but not
11 limited to, the conversion of residential buildings to condominiums, the building
12 shall meet the fire sprinkler requirements for a newly constructed building.
13
14 Section 903.2.20.8 is added to read:
15
16 903.2.20.8 - Residential Conversions. Fire sprinkler systems shall be installed in
17 all single - family dwellings that are converted to duplexes and /or multi - family
18 dwellings, bed and breakfasts, inns, lodging houses or similar uses. Fire sprinkler
19 systems shall be installed in all conversions of a detached garage into living space
20 or sleeping space.
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22 Section 903.2.20.9 is added to read as follows:
23
24 903.2.20.9 - Elevation of Existing Buildings. An automatic fire extinguishing
25 system shall be installed throughout all existing buildings when the building is
26 elevated to three (3) or more stories or more than thirty -five feet (35') in height,
27 from grade to the exposed roof.
28
29 Exceptions: An automatic fire- extinguishing system need not be provided when
30 the area above thirty -five feet (35') is provided for aesthetic purposes only and is
31 a non - habitable space.
32
33 Section 903.2.20.10 is added to read:
34
35 903.2.20.10 - Installation of Automatic Fire Sprinklers in Pre - Existing
36 Buildings (Historic Downtown Business District).
37
38 (a) Geographic Boundary- Historic Downtown Business District: For the
39 purposes of this section, the Historic Downtown Business District shall include all
40 buildings located inside the geographic area generally formed by Kentucky Street
41 to the west, Washington Street to the north, the Petaluma River to the east and B
42 Street to the south. Also included in this section is 201 Washington Street
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(Phoenix Theater) and 132 Keller Street (formerly Tuttle Drug), as more
particularly described in Figure 1003.2.12.
Figurt 1003.2.12
(b) Installation Requirements: An automatic sprinkler system conforming to
the Standard for the Installation of Sprinkler Systems (NFPA -13) 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
19
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Installation of Sprinkler Systems (NFPA -13) by no later than
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December 31, 2016.
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(2) Petaluma Boulevard North: Automatic fire sprinkler requirements
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shall not become effective until the City of Petaluma installs an
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appropriate sized water main and laterals to the curb lines similar to the
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main previously installed on Kentucky Street and Western Avenue. Upon
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notice by the City of such installation, an automatic sprinkler system
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conforming to the Standard for the Installation of Sprinkler Systems
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(NFPA -13) shall be installed according to the following criteria:
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a. In any building wherein a change of occupancy occurs.
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b. In any building or occupancy where the square footage of the
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building or occupancy is increased or alternations to the
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structure are made pursuant to Section 903.2.19.3, Section
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903.2.19.4, Section 903.2.19.5, Section 903.2.19.6, Section
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903.2.19.7 and Section 903.2.19.8 of this Ordinance.
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c. All buildings with basements or space below street grade used
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for storage, business or public use shall have automatic fire
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sprinklers installed within the basements or the below street
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grade areas, no later than December 31 of the year that is six
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(6) years from the date of the water main installation.
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d. All buildings not meeting the criteria of (a) or (b) above shall
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have automatic fire sprinklers installed throughout the
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structure, including all public, private, storage and/or concealed
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spaces, as defined by the Standard for the Installation of
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Sprinklers (NFPA -13), no later than December 31 of the year
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that is twelve (12) years from the date of the water main
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installation.
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(3) Property Owner's Responsibility for System Installation:
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a. The Property Owner shall be responsible for installation of the
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lateral service from the curb line into the building. This also
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includes isolation, check or other valves or devices, as
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applicable.
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1 b. The Property Owner shall be responsible for the installation of
2 the automatic fire sprinkler system according to the Standard
3 for the Installation of Sprinkler Systems (NFPA -13).
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5 (4) Plans and Specifications: Plans and Calculations (NFPA -13, Chapter
6 8) for the service lateral and fire sprinkler system shall be submitted to
7 and approved by the Fire Prevention Bureau prior to installation of
8 equipment and materials.
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10 a. For the Kentucky Street installations that are required on or
11 before December 31, 2010 or December 31, 2016, all Plans and
12 Calculations for service lateral and sprinkler systems shall be
13 submitted no later than June 30, 2010 or June 30, 2016
14 respectively, with installation and approval of work to occur
15 prior to December 31, 2010 or December 31, 2016
16 respectively.
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18 b. For Petaluma Boulevard North installations that occur in the
19 last year of the six (6) or twelve (12) year deadline (when
20 established) after the installation of the water main by the City
21 of Petaluma, Plans and Calculations shall be submitted in that
22 last year no later than June 30 of that year, with installation and
23 approval of work to occur prior to December 31 of that last
24 year.
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26 Section 903.3 is amended as follows:
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28 903.3 - Installation Requirements. Sprinkler systems shall be designed and
29 installed in accordance with NFPA -13, NFPA -13R (if approved by the Fire Code
30 Official) and NFPA -13D. Pursuant to Section 102.7.1 and Section 105.1.4, the
31 Fire Code Official may require additional sprinkler coverage to mitigate certain
32 conditions such as access or water supply issues.
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34 Section 903.3.1 is amended to read:
35
36 903.3.1 - Design Criteria. Fire sprinkler systems installed in buildings of
37 undetermined use shall be designed and installed to have a design density of .33
38 gallons per minute per square foot over a minimum design area of three thousand
39 square feet (3,000' sq.). Where a subsequent occupancy change requires a system
40 with greater capacity, it shall be the building owners' responsibility to upgrade the
41 system to the required density and meet any additional requirements of the Fire
42 Code at the time of such change.
21
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2 Section 903.3.7 is amended to read as follows:
3
4 903.3.7 - Fire Department Connections. The location of fire department
5 connections (FDC's) shall be within fifty feet (50') of a fire hydrant or as approved
6 by the Fire Code Official. Approved locking caps shall be provided on any existing
7 FDC's found to be vandalized and on new FDCs when determined by the Fire Code
8 Official to be necessary because of site specific conditions or hazards.
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10 Section 903.4 is amended to read as follows:
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12 903.4 - Sprinkler System Monitoring and Alarms. Except for Group R,
13 Division 3 Occupancies, all valves controlling the water supply for automatic
14 sprinkler systems, pumps, tanks, water levels, temperatures, critical air pressure
15 and water flow switches shall be electronically supervised. Valves when used for
16 standpipes are excluded from this provision unless required by the Fire Code
17 Official.
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19 Section 903.4.2 is amended to read as follows:
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21 903.4.2 - Alarms. One (1) exterior approved audible device shall be connected to
22 every automatic fire sprinkler system in an approved location. The Fire Code
23 Official may require one (1) exterior audible and visual device connected to an
24 automatic fire sprinkler system in an approved location based on site specific
25 conditions. Such sprinkler water flow alarm devices shall be activated by water
26 flow equivalent to the flow of a single sprinkler of the smallest orifice size
27 installed in the system. Where a building fire alarm system is installed, actuation
28 of the automatic fire sprinkler system shall actuate the building fire alarm system.
29
30 Section 905.3.1 is amended to read as follows:
31
32 905.3.1 - Building Height. Class I standpipes shall be installed in buildings three
33 stories or over in height and /or if, in the opinion of the Fire Chief, a hazard or
34 condition exists in which the installation of standpipes would improve firefighting
35 operations. Standpipes will be provided with approved outlets provided on each
36 floor level, including the roof when roof access is provided.
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38 Section 905.9 exception 2 is deleted.
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40 Section 907.8.5.1 is added to read as follows:
41
22 )
1 907.8.5.1– Fire Alarm Service Stickers /Tags. Upon completion of each annual
2 fire alarm service, the fire alarm contractor providing the service shall affix a
3 sticker or tag to the main fire alarm panel which indicates the name of the fire
4 alarm company and the date of the service.
5
6 Section 907.10 is added to read as follows:
7
8 907.10 - False Fire Alarms. Owners of properties with a fire alarm system shall
9 maintain the system in accordance with section 907.8. False alarm fees shall be
10 assessed per the current adopted fee schedule.
11
12 CHAPTER 49 – REQUIREMENTS FOR WILDLAND -URBAN INTERFACE
13 FIRE AREAS
14
15 Section 4902.1 The following definition is amended to read as follows:
16
17 Wildland -Urban Interface Fire Area. The geographical area located within any
18 Moderate, High or Very High Fire Hazard Severity Zone as recommended by the
19 Cal Fire Director pursuant to Public Resource Code Sections 4201 --4204 and
20 Government Code Sections 51175 -51189 or in a High Fire Hazard Severity Zone
21 as identified by the Petaluma Fire and Resource Assessment Program (FRAP.)
22
23 Section 4906.2 is amended to read as follows:
24
25 4906.2 - Applicability. New buildings for which a building permit is submitted on
26 or after January 1, 2011, that are located within any Moderate, High or Very High
27 Fire Hazard Severity Zone as designated by the Director of Cal Fire or in any
28 Moderate, High or Very High Fire Hazard Severity Zone as identified by the Fire
29 Hazard Security Zone (FHSZ) map as defined in Section 17.20.020 of the Petaluma
30 Municipal Fire Code shall comply with the following sections:
31
32 (a) Section 4907.1 2013 California Fire Code Defensible Space (moderate,
33 high, very high);
34
35 (b) Section 705A, 2013 California Building Code – Roofing (moderate, high,
36 very high);
37
38 (c) Section 706A, 2013 California Building Code - Vents (moderate, high, very
39 high);
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41 (d) Section 707A 2013 California Building Code - Exterior Covering
42 (moderate, high, very high);
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(e) Section708A 2013 California Building Code — Exterior Windows and Doors
(high, very high);
(f) Section 709A 2013 California Building Code — Decking (high, very high);
and
(g) Section 710A 2013 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.
Provisions for annual weed and brush abatement of the wiidland -urban interface fire
area and the developed area shall be the responsibility of the developer or property
owner. A plan may be required that outlines the provisions for weed abatement and
shall be prepared by the property owner and /or developer. When required, the plan
shall include, but not be limited to, the following elements:
(a) A defensible space of thirty feet (30') to one hundred feet (100'), depending
on grade and other factors around all structures, either manmade or natural, in
which material capable of allowing fire to spread unchecked must be cleared,
treated or modified to slow the rate and intensity of an approaching wildfire.
(b) A'ten -foot (10') firebreak on each side of hillside roads or driveways used
for emergency access; such firebreaks may be landscaped with fire resistive
vegetation.
(c) Where required, fire breaks and /or disked trails up to thirty feet (30') wide
shall be identified on the plan and maintained throughout the fire season; the
location of such breaks /trails shall be approved by the Fire Code Official.
(d) Other fire protection measures based on best management practices for
wildfire exposure protection as required by the Fire Code Official.
Section 4907.2 is added read as follows:
24�.
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4907.2 - Ancillary Buildings and Structures. When required by the enforcing
agency, ancillary buildings and structures and detached accessory structures shall
comply with the provisions of this chapter.
CHAPTER 50 — HAZARDOUS MATERIALS
Section 5001.5.3 is added to read as follows:
5001.5.3 - Electronic Reporting. All Hazardous Material Management Plans
(HMMP) and Hazardous Material Inventory Statements (HMIS) shall be
submitted electronically in the California Environmental Reporting System
(CERS) as required by the Fire Code Official. All updates to HMMP and HMIS
must be made in CERS.
CHAPTER 56 — EXPLOSIVES AND FIREWORKS
Section 5602 is hereby amended to add the following definitions:
5602 — Definitions
Affiliated Organization. For purposes of this Article, shall be presumed to be the
following:
1. Organizations incorporated under the same charter or organization
and their auxiliaries if the auxiliary is incorporated under the same charter;
2. Organizations sharing the same officers and /or place of meetings
and /or national parent organization;
3. Subdivisions and /or fractional divisions however named or
delineated of organizations;
4. Sub - organizations, one of whose primary purpose is to provide
financial and /or manpower support to a parent nonprofit organization.
However, different organizations affiliated with and officially recognized by any
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 any public or private
community college, college and /or university located within the boundaries of the
City of Petaluma shall not be presumed to be "affiliated organizations" unless it
can be shown that they serve the same interest area or concern (i.e., boosters of
25
I high school football and boosters of high school basketball would be presumed to
2 be two different, non - affiliated organizations).
3
4 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as
5 defined in Health and Safety Code sections 12505 and 12561 and the relevant
6 sections of Title 19, California Code of Regulations, Subchapter 6, which are
7 hereby incorporated by reference.
8
9 Fireworks Booth. Fireworks booth shall mean any building, counter or other
10 structure of a temporary nature used in the sale, offering for sale or display for
11 sale of "safe and sane fireworks ".
12
13 Nonprofit Organization. For the purposes of this Chapter, nonprofit organization
14 shall mean any nonprofit association, charity or corporation organized primarily
15 for veterans, patriotic, welfare, civic betterment, educational, youth development
16 or charitable purposes pursuant to Internal Revenue Code Sections 501 (c) 3, 4, 6,
17 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or which has been issued
18 a tax - exempt certificate as required under the Revenue and Taxation Code of the
19 State of California; or a group which is an integral part of a recognized national
20 organization having such tax - exempt status; or a nonprofit organization affiliated
21 with and officially recognized by an elementary, junior high and/or high school
22 and /or school district that serves, in whole or in part, the residents of the City of
23 Petaluma or public and /or private community college, college and /or university
24 which is located within the boundaries of the City of Petaluma.
25
26 Person. Person shall mean a natural person or a legal entity that is also an owner,
27 tenant, lessee and/or other person with any right to possession or control of the
28 property where a violation of this code occurred.
29
30 Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane
31 fireworks" as defined in Health and Safety Code Section 12529 and 12562 and the
32 relevant sections of Title 19, California Code of Regulations, Subchapter 6, which
33 are hereby incorporated by reference. "Piccolo Pete -type fireworks" are also
34 known and sometimes referred to and /or labeled as, and /or have substantially the
35 same appearance and discharge characteristics as, but are not limited to: "Piccolo
36 Pete," "Whistle Pete," "Nite Siren," "Whistling Phantom," "Screaming Willy" and
37 "Whistling Pete ".
38
39 Principal and Permanent Meeting Place. Principal and permanent meeting
40 place shall mean a permanent structure, playing field, geographic area or service
41 population which resides in or is located within the City of Petaluma.
42
26 r)
I Public Display of Fireworks. Public display of fireworks shall mean an
2 entertainment feature where the public is admitted or permitted to view the
3 display or discharge of fireworks by a licensed pyro- technician.
4
5 Qualified Applicant. Qualified applicant shall mean any group or organization
6 which has met all of the following criteria for a continuous period of not less than
7 one full year preceding submittal of an application for a permit to sell required by
8 this Chapter and which continues to meet the criteria for the duration of any
9 permit to sell issued by the City of Petaluma pursuant to this Chapter. A nonprofit
10 organization as defined in this Chapter:
11
12 1. The organization must have its principal and permanent meeting
13 place within the City;
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15 2. The organization must be one which provides direct and regular
16 community services and benefits to the residents of the City;
17
18 3. The organization must have a minimum bona fide membership of
19 at least twenty (20) members who either reside in the City, are employed
20 in the City or are owners or operators of a business or other establishment
21 located in the City;
22
23 4. Neither the organization nor any of its officers and /or officials
24 have been found by any court or City administrative process to be in
25 violation of any civil or criminal local, state or federal law relating to
26 fireworks within twenty -four calendar months prior to the organization's
27 submittal of an application for a permit to sell;
28
29 5. The organization has not had a permit to sell fireworks revoked
30 within twenty -four months prior to the organization's submittal of an
31 application for a permit to sell.
32
33 Responsible Person. Responsible person shall mean a person who causes a
34 violation of this Chapter to occur or allows a violation to exist or continue, by his
35 or her action or failure to act, or whose agent, employee or independent contractor
36 causes a violation to occur, or allows a violation to exist or continue. There is a
37 rebuttable presumption that the record owner of a residential parcel, as shown on
38 the county's latest equalized property taxes assessment rolls, and a lessee of a
39 residential -parcel has a notice of any violation existing on said property. For
40 purposes of this Chapter, there may be more than one responsible person for a
41 violation. Any person, irrespective of age, found in violation of any provision of
42 this Chapter may be issued a citation in accordance with the provisions of this
27 ?
I Chapter. Every parent, guardian or other person, having the legal care, custody or
2 control of any person under the age of eighteen (18) years, who knows or
3 reasonably should know that a minor is in violation of this Chapter, may be issued
4 a citation in accordance with the provisions of this Chapter, in addition to any
5 citation that may be issued to the offending minor.
6
7 State - Approved Fireworks. State - approved fireworks shall mean "safe and sane
8 fireworks" as defined in Health and Safety Code sections 12529 and 12562 and
9 the relevant sections of Title 19, California Code of Regulations, Subchapter 6,
10 which are hereby incorporated by reference. State - approved fireworks are also
11 known, and sometimes referred to, as "safe and sane fireworks ".
12
13 Section 5609 is added to read as follows:
14
15 5609 - Fireworks. Except as hereinafter provided, it shall be unlawful for any
16 person to possess, store, offer for sale, expose for sale, sell at retail or use or
17 explode any dangerous fireworks or explode any rocket, firecracker, Roman
18 candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core sparkler,
19 black cartridge or other combustible device or explosive substance, or any kind of
20 fireworks or dangerous fireworks by whatsoever name known within the City of
21 Petaluma provided that the Fire Chief shall have power to adopt reasonable rules
22 and regulations for the granting of permits for supervised public displays of
23 fireworks by a public agency, fair association, amusement park or other
24 organization or for the use of fireworks by artisans in pursuit of their trade. Every
25 such use or display shall be handled by a competent operator approved by the Fire
26 Chief and shall be of such character and so located, discharged or fired as in the
27 opinion of the Fire Chief, after proper investigation, not to be hazardous to
28 property or endanger any person.
29
30 Exception: State - Approved Fireworks: It shall not be unlawful to possess or sell,
31 within the City, state - approved fireworks and /or safe and sane ' fireworks as
32 defined herein.
33
34 This section shall not apply to persons, businesses or entities licensed by the State
35 Fire Marshal as a wholesaler and /or import/export concern to legally possess or
36 sell fireworks, including those prohibited by this section, within the City for the
37 primary purpose of sale and distribution outside the City.
38
39 Notwithstanding any provision of this code, the City Council, upon advice of the
40 Fire Chief, may in any given fireworks sales year prohibit the sale and use of
41 state - approved fireworks and /or safe and sane fireworks when it is determined
42 that conditions exist in the City, including but not limited to fire weather events,
28,:;
1 fuel moisture, drought, limitations on available firefighting forces and /or other
2 condition, that create an extreme danger to the public health and safety and /or life
3 and property of the residents, businesses and visitors of the City.
4
5 5609.1 - Fireworks — Conditions of Sales
6
7 (a) It is unlawful for any person, firm, corporation, association, or
8 organization to sell or offer for sale any fireworks within the City, except as
9 expressly permitted by this Ordinance.
10
11 (b) Time of Sale. Subject to the provisions of the State Fireworks Law
12 (California Health and Safety Code, Division 11, Part 2, Chapters 1 -7, Health and
13 Safety Code Sections 12500- 12801), and the provisions of this code, state -
14 approved fireworks, as defined in Section 12504 of the California Health and
15 Safety Code, may be sold within the City between the hours of 10:00 a.m. and
16 9:00 p.m. on June 30th, July 1st, July 2"d, July 3ra and July 4th. Pyrotechnic
17 displays may deviate from these restrictions subject to applicable provisions of
18 the California Health and Safety Code, and provided they are approved by the
19 Fire Chief or his/her designated representative.
20
21 (c) Permit Required. No person, firm, corporation, association, or
22 organization shall sell fireworks within the City unless they are a qualified
23 applicant and /or affiliated organization of a qualified applicant as defined in this
24 Chapter and have first obtained a permit therefore. Issuance of the permit shall
25 fulfill all municipal licensing requirements and fire safety conditions outlined by
26 the Fire Department. All permit applications shall be received in the Fire
27 Prevention Bureau by no later than the last day of May each year. No person,
28 firm, corporation, association or other organization, other than the qualified
29 applicant or its authorized representatives shall operate the booth for which the
30 permit is issued or share or otherwise participate in the profits of the operation of
31 such booth.
9hI
33 In addition to any fees established by resolution of the City Council for permit
34 application, processing, inspection and /or business licenses for any wholesale or
35 retail sales of state - approved fireworks, any qualified applicant for a permit for
36 wholesale sales of state - approved fireworks shall pay a non - refundable "Public
37 Education and Compliance" fee, in an amount to be established by resolution of
38 the City Council, to cover the City's costs for enhanced public education and
39 enforcement of the regulations governing state - approved fireworks set forth in
40 this section. The "Public Education and Compliance" fee shall also include the
41 costs associated with the cleanup and removal of fireworks debris left on public
29
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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 Fire Prevention Bureau 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.
(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 eighteen (18) booths. Any person or
organization which sold fireworks from an outdoor temporary fireworks booth in
the City of Petaluma pursuant to a permit issued in 2013 shall be entitled to apply
for a permit, and upon meeting all of the standards and conditions set forth in
Section 5609.1 shall receive such permit. Only one (1) permit per organization will
be allowed.
(h) Abandon Permits. Any previous permit holder who does not apply and
obtain a permit for each consecutive year shall be deemed to have abandoned the
right to such a permit. When a permit has been abandoned, the permit will not be
reissued or transferred to a new vendor.
30
4
I (i) Revocation of Permits. If a fireworks booth permit is revoked by the Fire
2 Code Official because the permit holder failed to meet the standards and conditions
3 set forth on the permit, the permit may be considered abandoned.
4
5 (j) Total Number of Booths Permitted for an Entity, Organization, or Group.
6 Fireworks sales permits shall be limited to one (1) booth per qualified applicant.
7 The purpose of limiting booths to one (1) per applicant is to allow a maximum
8 number of entities, organizations or groups to participate in fireworks sales without
9 creating an unfair advantage for one group over another.
10
11 (k) Assignment of Available Permits for the 2014 Fireworks Year. If the
12 number of applications received up to and including the last day of May, 2014
13 exceeds the number of permits to be issued, the Fire Code Official shall forward a
14 list of qualified applicants who did not hold permits to sell in the prior year to the
15 City Clerk who shall, not later than the 5th day of June, supervise an impartial
16 drawing to determine an order of priority for each application. Upon such
17 determination, the City Clerk shall forward to the Fire Code Official a list of
18 applications, numbered in order of priority drawn for investigation and issuance.
19 Permits may be issued in order of priority drawn to those on the list until the
20 maximum of eighteen (18) booths is reached.
21
22 (1) Insurance Requirements as Condition of Sale. Each applicant for a permit
23 shall file with the Bureau of Fire Prevention, prior to the issuance of any permit, a
24 policy of public liability insurance with applicable coverage of a minimum of one
25 million dollars ($1,000,000.) No policy will be acceptable which contains a
26 provision allowing for a deductible amount. The City, its officers, employees,
27 agents and volunteers shall be named as additional insured on such insurance policy
28 or certificate of insurance by a separate specific endorsement in a form acceptable
29 to the City's Risk Manager and City Attorney.
30
31 (m) Hold Harmless and Indemnification. The fireworks distributor and the non-
32 profit organization must agree in writing to indemnify, defend with counsel
33 acceptable to the City of Petaluma (hereinafter "City "), and hold harmless City and
34 its officers, officials, employees, agents and volunteers from and against any and all
35 liability, loss, damage, claims, expenses and costs (including, without limitation,
36 attorney's fees and costs and fees of litigation) (collectively "Liability ") of every
37 nature arising out of or in connection with the Permit including, but not limited to,
38 any and all activities authorized, performed, allowed and /or required under the
39 Permit, except such Liability caused by the sole negligence or willful misconduct of
40 City.
31
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(n) Authorization of Property Owner. The property owner(s) of record or their
designated representative with authority to agree to the Applicant's conduct of the
sales /storage of fireworks on the identified property must acknowledge in writing
that they have received and read the application for fireworks sales /storage from a
State - Approved Fireworks Booth to be located on the property identified in the
permit.
(o) Fireworks Booth — Restrictions on Sales.
1. No booth shall be located within twenty -five feet (25') of
combustible buildings and /or building openings (windows or doors) or
within fifty feet (50') of any flammable storage or within one hundred feet
(100') of any gasoline pump or distribution point. Location of booths is
contingent upon approval from the Fire Chief or designated representative.
2. No booth shall have a floor area in excess of seven hundred fifty
square feet (750' sq.). Each booth shall have at least two (2) exits. Each
booth in excess of forty feet (40') in length shall have at least three (3) exits
spaced approximately equidistant apart; provided, however, that in no case
shall the distance between the exits exceed twenty -four feet (24'). Exit doors
shall not be less than twenty -four inches (24 ") wide and six feet (6') in
height and shall swing in the direction of exit travel.
3. All weeds and combustible materials shall be cleared in and around
booth for a distance of at least twenty feet (20').
4. "No Smoking" signs shall be posted on the booths. No smoking shall
be allowed within any fireworks booth.
5. No person under eighteen (18) years of age shall sell or participate in
the sale of state - approved fireworks at such booth. No person under eighteen
(18) years of age shall be permitted inside the booth during hours of
operation. Each booth must have an adult in attendance and in charge of
operations whenever the booth contains, or is engaged in the sale of,
fireworks. The permit holder is solely responsible for ensuring the presence
of said adult. For the purpose of this section, the term "adult" shall mean any
person so defined under California law.
6. All unsold stock shall be removed from the booth and located in an
approved area immediately after close of business on each and every day of
operation.
32
1
7. All litter shall be removed on a daily basis.
2
3
8. The booth shall be removed from the temporary location and all litter
4
shall be removed by 12:00 noon on July 8th.
5
6
9. All retail sales of state - approved fireworks shall be permitted only
7
from within a temporary booth. Sales from any other building or structure
8
are prohibited.
9
10
10. Approved banners or other barricades to prohibit parking within
11
twenty feet (20') of the booth shall be provided.
12
13
11. No electrical devices or open flames are permitted within any booth.
14
15
Exception: A single electronic cash register is permitted in the booth. Power
16
for device shall be provided by a heavy duty type electric extension cord
17
with a minimum of fifteen (15) amp rating. There shall be no signs of
18
mechanical damage, fraying or exposed wire insulation to the cord.
19
Approval of extension cord subject to inspection by the fire inspector.
20
21
12. Signs must be posted on each booth stating "No fireworks permitted
22
in the unincorporated areas of Sonoma or Marin Counties ".
23
24
13. No person shall knowingly sell fireworks to any person under
25
eighteen (18) years of age. Proof that the fireworks booth permit holder
26
demanded, was shown, and acted in reliance upon, bona fide evidence of
27
age and identity in any sale of fireworks prohibited by this section shall be a
28
defense to any proceedings for suspension or revocation of the permit
29
holder's state - approved fireworks permit or a criminal proceeding instituted
30
by the City against the permit holder for violations of this section. For
31
purposes of this section bona fide evidence of age and identity of purchaser
32
shall mean a document issued by a federal, state, county or municipal
33
government which contains a photograph and date of birth of the purchaser
34
including, but not limited to, a valid California Driver's License or
35
Identification Card issued to a member of the Armed Forces. Signs shall be
36
posted in conspicuous places on and in the booth indicating "No Fireworks
37
Sales to Persons Under the Age of 18 - Photo I.D. Required ".
38
39
14. No person shall sleep or remain in any fireworks booth after close of
40
business each day or at any time when the booth is closed for business.
41
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-� e
1 15. A fireworks booth need not comply with the provisions of the
2 Building Code of the City of Petaluma; provided, however, that every
3 fireworks booth shall be erected under the supervision of the Fire Chief who
4 shall require that the fireworks booth be constructed in a manner which will
5 reasonably ensure the safety of attendants and patrons.
6
7 16. Each fireworks booth shall be provided with a minimum of one (1)
8 model 2AIOBC fire extinguisher and one (1) 5- gallon pressure water fire
9 extinguisher, in good working order and easily accessible for use in case of
10 fire.
11
12 17. No person shall smoke within twenty -five feet (25') of any safe and
13 sane fireworks booth. No person shall light, cause to be lighted or permit to
14 be lighted any fireworks or combustible material within fifty feet (50') of
15 any state - approved fireworks booth.
16
17 (p) Limitations on Places and Hours of Discharge.
18
19 1. It shall be unlawful for any person to discharge any state - approved
20 fireworks in the City except between the hours of 10:00 a.m. to 11:00 p.m.
21 on July 4th.
22
23 2. It shall be unlawful for any person to ignite, discharge, project or
24 otherwise fire or use, any state - approved fireworks or permit the ignition,
25 discharge or projection thereof, upon or over or onto the property of another
26 without the property owner's consent or to ignite, discharge, project or
27 otherwise fire or make use of any state - approved fireworks within ten feet
28 (10') of any residence, dwelling or other structure listed as a place of
29 habitation by human beings.
30
31 3. The use of state - approved fireworks in the City shall be limited to
32 private property except as otherwise provided herein. No person shall ignite
33 or discharge any state - approved fireworks on private open areas such as
34 parks, parking lots or vacant property, without the property owner's or his or
35 her designated agent's permission. No person shall ignite or discharge any
36 state- approved fireworks on public or semi - public open areas such as parks,
37 parking lots or vacant property, excluding public streets and sidewalks,
38 except as authorized by the Director of Parks and Recreation and the Fire
39 Department, and, if applicable, the private property owner or his or her
40 designated agent.
41
34 <f `,
1 4. Any person who discharges state - approved fireworks on public or
2 private property shall be responsible for the removal of all spent fireworks
3 debris and litter or rubbish associated with the discharge of fireworks, and
4 for disposition thereof in an appropriate trash receptacle. Spent fireworks
5 debris shall be allowed to cool for at least thirty (30) minutes or immersed in
6 water before discarding to a trash receptacle.
7
8 5. No state - approved fireworks shall be discharged in the Fire Hazard
9 Severity Zones (FHSZs) of the City, as established and approved by the
10 Petaluma Fire Department with the assistance of the California Department
11 of Forestry and Fire Protection and within the boundaries set forth on the
12 FHSZ map as defined in Section 17.20.040 of the Petaluma Municipal Code
13 and kept on file in the Fire Code Official's Office. All fireworks booths
14 shall post a notice of such fireworks ban and a map designating the FHSZ
15 restrictions, in the form provided by the Fire Code Official's office. Booth
16 operators shall advise persons purchasing state - approved fireworks to
17 review the notice and map and advise them of the fireworks restrictions in
18 the FHSZ.
19
20 6. Supervision of minors. It shall be unlawful for any person having the
21 care, custody or control of a minor (under eighteen (18) years of age) to
22 permit such minor to discharge, explode, fire or set off any dangerous,
23 illegal fireworks at any time, or to permit such minor to discharge or set off
24 any state - approved fireworks unless such minor does so under the direct
25 supervision of a person over eighteen (18) years of age and during the hours
26 and on the day permitted by this section.
27
28 (q) Qualified Applicant Reporting Requirement. On or before November 1 st of
29 any sales year for which a qualified applicant received a sale permit, the qualified
30 applicant shall submit to the Fire Code Official a financial statement by the
31 treasurer or financial officer of the qualified applicant setting forth the total gross
32 receipts from the fireworks stand operated by the qualified applicant; all expenses
33 incurred and paid in connection with the purchase of fireworks and the sale thereof,
34 and to whom and for what purpose the net proceeds were or will be disbursed,
35 along with the most recent report filed by the qualified applicant with the State
36 Board of Equalization. The filing of the statement required by this section with the
37 City shall be a condition precedent to the granting of any subsequent permit, and a
38 permit holder which fails to file such statement shall not be considered a qualified
39 applicant in any year subsequent to its failure to file. This shall be considered an
40 abandonment of the qualified applicants permit.
41
35 2
I (r) Any permit issued under this section may be revoked by the Fire Chief in
2 case of any violation of this section or any terms or conditions of the permit. The
3 City Council may revoke said permit(s) and /or prohibit fireworks sales at any time
4 it deems necessary to protect the health, safety and welfare of the citizens of the
5 City.
6
7 Section 5609.1.1 is hereby added to read as follows:
8
9 5609.1.1 - Reports to Council.
10
11 (a) On an annual basis, before June 15th of each calendar year, the Fire
12 Department will prepare and provide to the City Council an education and
13 enforcement plan. The plan will include the following:
14
15 1. Education and enforcement program to be implemented in a given
16 year; and
17
18 2. Other relevant information deemed necessary by the Fire Code
19 Official to provide an overview of the City's experience in fireworks
20 enforcement relevant to that year's education and enforcement programs.
21
22 (b) By no later than the last day of September, annually, the Fire Code Official
23 will provide to the City Council a fireworks after - action report. The report will
24 include the following:
25
26 1. An evaluation of the success or failure of the education and
27 enforcement plan; and
28
29 2. Relevant incident statistics for the period of June 17 through July
30 16th.
31
32 (c) All information and records which are otherwise exempt from public
33 disclosure pursuant to the Public Records Act will remain exempt from disclosure,
34 despite inclusion of any such information and /or records in an education and
35 enforcement plan and /or after action report in order to avoid any unintended effect
36 on public safety operations.
37
38 Section 5609.2 is hereby added to read as follows:
39
40 5609.2 - Prohibition of Sale and Use of Fireworks. It is unlawful for any person,
41 firm, corporation, association, organization or entity to sell or offer for sale any
42 fireworks within the City except as expressly permitted by this Ordinance. It is
36 '3")
I unlawful for any person, firm, corporation, association, organization or entity to use
2 any fireworks within the City except as expressly permitted by this Ordinance.
3
4 Section 5609.3 is hereby added to read as follows:
5
6 5609.3 - Storage of Fireworks. The storage and use of fireworks inside buildings is
7 prohibited.
8
9 Exceptions: State - approved fireworks purchased by the public for individual or
10 family use.
11
12 Section 5609.3.1 is hereby added to read as follows:
13
14 5609.3.1 - Storage of State - Approved Fireworks- Retail. The storage of state -
15 approved fireworks by those conducting retail sales shall be in a non - combustible
16 container or magazine as approved by the Fire Code Official. The location of said
17 storage shall be within the City limits of Petaluma and be approved by the Fire
18 Code Official.
19
20 Section 5609.3.2 is hereby added to read as follows:
21
22 5609.3.2 - Prohibition Against Modification and Discharge of State - Approved
23 Fireworks. No person shall modify, tamper with, disassemble, rearrange and /or
24 combine the contents or original packaging of any state - approved firework, nor in
25 any way remove the original packaging labels.
26
27 Section 5609.3.2.1 is hereby added to read as follows:
28
29 5609.3.2.1 - Prohibition Against Possession, Use, Display or Discharge of
30 Modified State - Approved Fireworks. No person shall possess, use, display,
31 discharge or explode any state - approved firework that has been tampered with,
32 disassembled and /or rearranged, nor shall any person possess, use, display,
33 discharge, explode or combine the contents of multiple state - approved fireworks or
34 combine, tape or change the originally intended purpose of state - approved
35 fireworks.
36
37 Section 5609.3.2.2 is hereby added to read as follows:
38
39 5609.3.2.2 - Prohibition Against Sale and Discharge of Piccolo Pete -Type
40 Fireworks.
41
37 g
1 (a) Notwithstanding the provisions of Section 3309.2, no person shall sell, use,
2 distribute, give away or discharge, at any time, on any day, any "Piccolo Pete -type
3 firework" or any firework having substantially the same appearance and discharge
4 characteristics as any of these. Additionally, any retail sale, gift, or donation of any
5 "Piccolo Pete -type firework" (or any firework having substantially the same
6 appearance and discharge characteristics as any of these) shall be a violation of this
7 section.
8
9 (b) Except as otherwise provided herein, it shall be lawful for any person to
10 possess and /or transport any "Piccolo Pete -type firework" within the City of
11 Petaluma.
12
13 (c) This section shall not apply to persons, businesses or entities licensed by the
14 State Fire Marshal as a wholesaler and/or import/export concern to legally possess
15 or sell fireworks, including those prohibited by this section, within the City for the
16 primary purpose of sale and distribution outside the City.
17
18 CHAPTER 80 — Referenced Standards
19 California Fire Code, Chapter 80, NFTA, 13D -16 is Amended Sections as follows:
20 NFPA 13D -16 - Standard for the installation of Sprinkler Systems in One- and Two -
21 Family Dwellings and Manufactured Homes: as amended *... 903.3.1.3, 903.3.5.1.1
22
23 Revise Section 5.1.1.2 to read as follows:
24 NFPA.13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the
25 premises so that any sprinklers that have operated of been damaged in any way can
26 be promptly replaced.
27
28 Add Sections 5.1.1.2.1 as follows:
29 NFPA.13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature
30 ratings of the sprinklers in the property. The stock sprinklers shall include not less
31 than one sprinkler of all types and ratings installed.
32
33 Add Sections 5.1.1.2.2 as follows:
34 NFPA.13D.5.1.1.2.2. The sprinklers shall be kept in a cabinet located where the
35 temperature to which they are subjected will at no time exceed the maximum
36 ceiling temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within
37 the cabinet.
i.
39 Add Sections 5.1.1.2.4 as follows:
40 NFPA.13D.5.1.1.2.4. One sprinkler wrench as specified by the sprinkler
41 manufacture shall be provided in the cabinet for each type of sprinkler installed to
42 be used for the removal and installation of sprinklers in the system.
38�'
1
2 Revise Section 7.6 to read as follows:
3 NFPA.13D.7.6 A local waterflow alaim shall be provided on all sprinkler systems.
4
5 Add Section 8.1.3.1.2.1 to read as follows:
6 NFPA.13D.8.1.2.1 Garages are permitted to be protected by residential sprinklers.
7
8 Revise Section 8.3.4 to read as follows:
9 NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open
10 attached porches, detached carports, and similar structures unless otherwise
11 required by the California Building or Fire Codes.
12
13 Add Section 8.3.5.2 to read as follows:
14 NFPA.13D.8.3.5.2 At least one quick- response intermediate temperature residential
15 sprinkler shall be installed above attic access openings.
16
17 Revise Section 11.2.1.1 to read as follows:
18
19 NFPA13D.11.2.1.1 Where a fire department pumper connection is not provided, the
20 system shall be hydrostatically tested at not less than 200 psi without evidence of leakage for the
21 duration of the inspection.
22
23 APPENDIX B — FIRE -FLOW REQUIREMENTS FOR BUILDINGS
24
25 Section B105.1 is amended to read as follows:
26
27 B105.1 - One- and Two - Family Dwellings. The minimum fire -flow requirements
28 for one- and two - family dwellings having a fire -flow calculation area which does
29 not exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute (5678.11
30 L /min). Fire -flow and flow duration for dwellings having a fire -flow calculation
31 area in excess of 3,600 square feet (344.5 m2) shall not be less than that specified in
32 Table B 105.1 of the 2013 California Fire Code.
33
34 Section B105.2 is amended to read as follows:
35
36 B105.2 - Buildings Other Than One- and Two - Family Dwellings. The minimum
37 fire -flow and flow duration for buildings other than one- and two - family dwellings
38 shall be as specified in Table B105.1.
39
40 Exceptions: A reduction in required fire -flow of up to fifty percent (50 %), as
41 approved, is allowed when the building is provided with an approved automatic
42 sprinkler system installed in accordance with other sections of this code. The
39 1/0
I resulting fire -flow shall not be less than fifteen hundred gallons per minute (1,500
2 gpm) for the prescribed duration as specified in Table B 105.1.
3
4 APPENDIX C — FIRE HYDRANT LOCATIONS AND DISTRIBUTION
5
6 Section C105.1 is amended to read as follows:
7
8 C105.1 - Hydrant Spacing. The average spacing between fire hydrants shall not
9 exceed that listed in Table C 105.1.
10
11 Exceptions: The Fire Chief is authorized to allow deviations from this section
12 where existing fire hydrants provide all or a portion of the required fire hydrant
13 service.
14
15 Table C105.1 of Appendix C: Footnotes (f) and (g) are added to read as follows:
16
17 (f) For commercial, industrial and multifamily residential dwellings, average
18 spacing shall be no greater than three hundred feet (300').
19
20 (g) A fire hydrant shall be located within fifty feet (50') of the FDC, or as
21 approved by the Fire Code Official.
22
23 APPENDIX D — FIRE APPARATUS ACCESS ROADS
24
25 Section D103.2 is amended to read as follows:
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27 D103.2 - Grade. The grade of fire apparatus access roads shall be in accordance
28 with the City of Petaluma standards for public streets or as approved by the Fire
29 Chief.
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31 Section D103.3 is hereby amended to read as follows:
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33 D103.3 - Turning Radius. The minimum turning radius shall be determined by the
34 Fire Code Official or as approved by local standards.
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36 Section D103.4 is amended to read as follows:
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38 D103.4 - Dead Ends. Dead -end fire apparatus access roads in excess of one
39 hundred fifty feet (150') (45.720 m) shall be provided with width and turnaround
40 provisions in accordance with the local agency requirements for public streets or as
41 approved by local standards.
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1 Table D103.4 is deleted in its entirety.
2
3 Section D103.6 is amended to read as follows:
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5 D103.6 - Signs. Where required by the Fire Code Official, fire apparatus access
6 roads shall be marked with permanent NO PARKING -FIRE LANE signs
7 complying with the California Vehicle Code and fire department standards.
8
9 Section D104.2 is amended to delete the exception and read as follows:
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11 D104.2 - Buildings Exceeding 62,000 Square Feet in Area. Buildings or facilities
12 having a gross building area of more than 62,000 square feet (5,760 m2) shall be
13 provided with two (2) separate and approved fire apparatus access roads.
14
15 Section D106.1 is amended to delete the exception and read as follows:
16
17 D106.1 - Projects Having More Than Fifty (50) Dwelling Units. Multiple - family
18 residential projects having more than fifty (50) dwelling units shall be provided
19 with two (2) separate and approved fire apparatus access roads.
20
21 Section D106.2 is hereby deleted.
22
23 Section D107.1 is amended to delete exceptions 1 and 2 and read as follows:
24
25 D107.1 - One- or Two - Family Dwelling Residential Developments.
26 Developments of one- and two - family dwellings where the number of dwelling
27 units exceeds fifty (50) shall be provided with two (2) separate and approved fire
28 apparatus access roads and shall meet the requirements of section D104.3.
29
30 SECTION 6: Section 17.20.060 of the Petaluma Municipal Code is hereby added to read
31 as follows:
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33 17.20.060 - New Materials, Processes or Occupancies Which May Require
34 Permits. The City Manager, the Fire Chief and the Fire Code Official shall act as a
35 committee to determine and specify, after giving affected persons an opportunity to
36 be heard, any new materials, processes or occupancies for which permits are
37 required in addition to those now enumerated in this code. The Fire Code Official
38 shall post such list in a conspicuous place at the Fire Prevention Bureau and
39 distribute copies thereof to interested persons.
40
41 SECTION 7: If any part of this Ordinance is for any reason held to be
42 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
41
I decision will not affect the validity of the remaining parts of this Ordinance. The City
2 Council of the City of Petaluma hereby declares that it would have passed and adopted this
3 Ordinance and each of its provisions irrespective of any part being held invalid.
4
5 SECTION 8: The City Council finds that this Ordinance is not subject to the
6 California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) of the
7 CEQA Guidelines because the activity has no potential for resulting in a direct or
8 reasonably foreseeable indirect physical change in the environment, and pursuant to
9 Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as
10 defined in Section 15378) of the CEQA Guidelines.
11
12 SECTION 9: This Ordinance will become effective thirty days after the date of its
13 adoption by the Petaluma City Council; however, the provisions of this Ordinance will not
14 become operative until January 1, 2017, at the same time that the 2016 Edition of the
15 California Building Standards Code takes effect
16
17 SECTION 10: In accordance with California Health and Safety Code Section
18 17958.7, the City Clerk is hereby directed to file this Ordinance and the attached findings
19 of fact with the California Building Standards Commission prior to the effective date of
20 this Ordinance specified above.
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SECTION 12: The City Clerk is hereby directed to post and /or publish this
Ordinance or a synopsis for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted /published this day of , 2016.
ADOPTED this
NAM MS
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ATTEST:
day of
Claire Cooper, City Clerk
2016 by the following vote:
David Glass, Mayor
APPROVED AS TO FORM:
Eric Danly, City Attorney
43 d
PYHYRTT GG A"
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2016 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 2016 Edition of the California Fire Code, changes or modifies certain provisions of
the California Building Standards Code as it pertains to the regulation of buildings used for
human habitation. A copy of the text of such changes or modifications is attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
loss fires, (2) major earthquake damage and (3) the potential for life and property loss, making
the changes or modifications in the California Fire Code and the State Building Standards Code
necessary in order to provide a reasonable degree of property security and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate the
modifications to the California Fire Code and California Building Standards Code.
CLIMATIC (a)
Precipitation: Precipitation ranges from twenty inches (20 ") to approximately twenty -five inches
(25 ") per year. Approximately ninety percent (90 %) falls during the months of November
through April and ten percent (10 %) from May through October. Severe flooding occurred
during the months of January and March, 1995 and in 1998 and 2006.
Relative Humidity: Humidity generally ranges from fifty percent (50 %) during daytime and
eighty -six percent (86 %) at night. It drops to twenty percent (20 %) during the summer months
and occasionally drops lower during the months of September through November.
Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
summer highs are in the 78 -85 degree range.
Exhibit A to Ordinance
Page 1
Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
every direction at one time or another. Velocities are generally in the 5 -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
and conflagrations. The winds experienced in this area also adversely impact structure fires in
buildings in close proximity to one another. Winds can carry sparks and burning branches to
other structures, thus spreading the fire and causing conflagrations. In building fires, winds can
literally force fires back into the building and create a blowtorch effect, in addition to preventing
natural ventilation and cross - ventilation efforts. Petaluma's downtown and surrounding areas
contain numerous historic and older buildings that are located very close together, which
exacerbates the fire danger from dry conditions, wind, and shake /shingle roofs.
TOPOGRAPHIC (b)
The topographic fire environment of a community is primarily the combination of two factors:
the area's physical geographic characteristics and the historic pattern of urban - suburban
development. These two factors, alone and combined, create a mixture of environments which
ultimately determine the areas' fire protection needs.
The basic geographical boundaries of the City include hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the City through
the central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
population estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills,
valleys, and ridges. Currently, within the City, are three (3) fire stations and fifty -three (53) fire
personnel (58 when fully staffed). Because of the size of the City of Petaluma, the characteristics
of the fire environment changes from one location to the next. For example, the central
downtown area contains older buildings situated close together, which increases the ability of
fire to spread from one building to the next. In contrast, some of the properties on the outlying
hills are far apart, but contain large grassy acreages that promote quickly- spreading wildfires
during the 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
Exhibit A to Ordinance / /�
Page 2 `�
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 W
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two (2) active earthquake faults (San Andreas and Hayward- Rodgers Creek) affect
the Petaluma area. Approximately fifty percent (50 %) of the City's land surface is in the high -to-
moderate seismic hazard zones.
The majority of the City's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number
people, should a significant seismic event occur. The City's resources would have to be
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller
single - dwellings and structures.
Other variables that may intensify the fire danger after a major seismic event include:
• The extent of 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 to 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.
Exhibit A to Ordinance / r
Page 3 `/
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
5001.5.3
903.4.2
903.2.20.2
Chapter 80, NFPA.13D.5.1.1.2
Chapter 80, NFPA.13D.5.1.1.2.1
Chapter 80, NFPA.13D.5.1.1.2.2
Chapter 80, NFPA.13D.5.1.1.2.4
Chapter 80, NFPA.13D.7.6
Chapter 80, NFPA.13D.8.1.2.1
Chapter 80, NFPA.13D.8.3.4
Chapter 80, NFPA.13D.8.3.5.2
Chapter 80, NFPA.13D.11.2.1.1
Required by California state law
a, b, c
a,b,c
a, b, c
a, b, c
a, b, c
a, b, c
a, b, c
a,b,c
a,b,c
a,b,c
a,b,c
Exhibit A to Ordinance
Page 4