HomeMy WebLinkAboutOrdinance 2586 N.C.S. 11/07/20161
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EFFECTIVE DATE ORDINANCE NO. 2586 N.C.S.
OF ORDINANCE
December 8, 2016
Introduced by Seconded by
Chris Albertson Kathy Miller
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA 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, INCLUDING LOCAL AMENDMENTS TO
SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING STANDARDS CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1: Sections 17.20.010, 17.20.040, 17.20.050 and 17.20.060 of the Petaluma
Municipal Code are hereby repealed in their entirety.
SECTION 2: Pursuant to California Health and Safety Code section 17958.7, the
City Council makes the factual findings set forth in "Exhibit A" attached hereto and
incorporated herein by reference, and finds that the amendments made in this
Ordinance to the California Building Standards Code, Title 24, Part 9, 2016 California Fire
Code, based on the 2015 Edition of the International Fire Code, are reasonably
necessary because of the local climatic, geological or topographical conditions set forth
in said Exhibit.
SECTION 3: Section 17.20.010 of the Petaluma Municipal Code is hereby added
to read as follows:
17.20.010 - ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART
9, 2016 CALIFORNIA FIRE CODE, INCORPORATING THE 2015 EDITION OF THE
INTERNATIONAL FIRE CODE
There is hereby adopted by the City of Petaluma for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire,
hazardous materials or explosion, that certain Code and Standards known as
the California Code of Regulations Title 24, Part 9, 2016 California Fire Code
Ordinance No. 2586 N.C.S.
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(CFC), incorporating the 2015 Edition of the International Fire Code, including
Appendices, Chapter 4, A, B, C, D, E, F, G, H, I, and J published by the
International Code Council and the California Building Standards Commission,
being particularly the 2016 Edition California Fire Code (CFC) and the whole
thereof, save and except such portions as are hereinafter deleted, added or
amended by this chapter. Not less than one copy of said code has been and
is now filed in the Office of the Clerk of the City and the same is adopted and
incorporated as fully as if set out at length herein and the provisions thereof
shall be controlling within the limits of the City.
SECTION 4: Section 17.20.040 of the Petaluma Municipal Code is hereby added
to read as follows:
17.20.040 - Establishment of Fire Hazard Severity Zone(s) (FHSZs)
(a) Limits related to Chapter 49 of the California Fire Code Requirements for
Wildland -Urban Interface Fire Areas as amended and adopted by City of
Petaluma. Chapter 49 shall apply to all real property with newly constructed
buildings within the City of Petaluma located within the (FHSZ) as designated by
the Chief and the Fire Resources Assessment Program (FRAP) map published by
Cal Fire and as amended by the Chief. A map of such areas is maintained in the
office of the Fire Prevention Bureau.
SECTION 5: Section 17.20.050 of the Petaluma Municipal Code, entitled
"Amendments Made in the California Fire Code," is hereby added to include the
following additions, amendments and deletions to the 2016 California Fire Code:
CHAPTER 1 -- SCOPE AND ADMINISTRATION
Section 101.1 is amended to read as follows:
101.1 - Title. This chapter shall be known as the "2106 California Fire Code,"
including the appendices and may be cited and referred to as such.
Section 102.3 is amended to read as follows:
102.3 - Change of Use or Occupancy. No change shall be made in the use or
occupancy of any structure that would place the structure in a different division
of the same group or occupancy or in a different group of occupancies, unless
such structure is made to comply with the requirements of this code, the
California Building Code as adopted by the City of Petaluma City Council (City
Council), and the International Building Code. Subject to the approval of the Fire
Ordinance No. 2586 N.C.S.
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1 Code Official, the use or occupancy of an existing structure shall be allowed to
2 be changed and the structure is allowed to be occupied for purposes in other
3 groups without conforming to all the requirements of this code, the California
4 Building Code as adopted by the City Council, and the International Building
5 Code for those groups, provided the new or proposed use is less hazardous,
6 based on life and fire risk, than the existing use.
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8 Section 102.7.3 is added to read as follows:
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10 102.7.3 - Supplemental Rules, Regulations and Standards. The Fire Code Official is
11 authorized to render interpretations of this code and to make and enforce rules
12 and supplemental regulations and to develop Fire Prevention Standards to carry
13 out the application and intent of its provisions.
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15 Section 103.1.1 is added to read as follows:
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17 103.1.1 - General. Where this code refers to the Department of Fire Prevention,
18 the Fire Prevention Bureau will be inserted. Where this code refers to the Fire
19 Marshal, the Fire Code Official will be inserted.
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21 Section 104.3 is amended to read as follows:
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23 104.3 - Right of Entry.
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25 (a) The Fire Chief, or his /her authorized representative in the performance of
26 duties herein prescribed, shall have the right to enter upon and into any and all
27 premises under his /her jurisdiction, at all reasonable hours for the purpose of
28 inspecting the same to determine whether or not the provisions of this code and
29 all applicable laws or Ordinances pertaining to the protection of persons and
30 property from fire, explosion or exposure to hazardous materials are observed
31 therein. Provided, however, that an inspection warrant, issued pursuant to Title
32 13, Part 3 of the Code of Civil Procedure be first secured where entry is refused,
33 except in an emergency situation. No owner, occupant or any other person
34 having charge, care or control of any building or premises shall fail or neglect,
35 after proper request is made as herein provided to promptly permit entry therein
36 by the Chief or his /her authorized representative for the purpose of inspection
37 and examination pursuant to this code.
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39 (b) The Fire Chief, and his /her duly authorized representative, shall have the
40 authority to enter any building, or premises for the purpose of extinguishing or
41 controlling any fire, performing rescue operation, investigating the existence of
Ordinance No. 2586 N.C.S. Page 3
1 suspected or reported fires, gas leaks or other hazardous conditions or taking any
2 other action necessary in the reasonable performance of their duty.
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7 Section 104.7.2 is amended to read as follows:
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9 104.7.2 - Technical Assistance. To determine the acceptability of technologies,
10 processes, products, facilities, materials and uses attending the design, operation
11 or use of a building or premises subject to inspection by the Fire Code Official, the
12 Fire Code Official is authorized to require the owner or agent to provide, without
13 charge to the jurisdiction, a scope of work, technical opinion, and all the reports
14 necessary to verify compliance with the applicable codes and standards. The
15 opinion and report shall be prepared by a qualified engineer, specialist, and
16 laboratory or fire safety specialty organization acceptable to the Fire Code
17 Official and shall analyze the fire safety properties of the design, operation or use
18 of the building or premises and the facilities and appurtenances situated thereon,
19 to recommend necessary changes. The Fire Code Official is authorized to require
20 design submittals to be prepared by, and bear the stamp of, a registered design
21 professional.
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23 Section 104.11.4 is added to read as follows:
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25 104.11.4 - Charges. The expense of securing any emergency that is within the
26 responsibility for enforcement of the Fire Chief as given in Section 104.11 is a
27 charge against the person who caused the emergency. Damages and expenses
28 incurred by any public agency having jurisdiction or any public agency assisting
29 the agency having jurisdiction shall constitute a debt of such person to the City
30 and shall be collectable by the Fire Chief for proper distribution in the same
31 manner as in the case of an obligation under an expressed or implied contract.
32 Expenses as stated above shall include, but not be limited to, equipment and
33 personnel committed and any payments required by the public agency to
34 outside business firms requested by the public agency to secure the emergency,
35 monitor remediation and clean up the site.
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37 Section 105.1.4 is added to read as follows:
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39 105.1.4 - New Materials and Permits. The Fire Chief and the Fire Code Official
40 may act as a committee to determine and specify any new regulated materials,
41 and shall establish processes or occupancies requiring permits in addition to those
42 enumerated in this code. The Fire Chief or designee shall post such list in a
43 conspicuous place in the office, and distribute copies thereof to interested
Ordinance No. 2586 N.C.S. Page 4
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persons. Permits under this section shall be administered in accordance with
Section 105.
Section 105.6.8 (Table 105.6.8) is amended to read as follows:
Table: 105.6.8
Permit Amounts for Comnressed Gases
Type of Gas
Amount
cubic feet at NTP
Corrosive
200
Flammable (except liquefied petroleum as
200
Highly toxic
Any Amount
Inert and simple asphyxiate
2,000
Oxidizing (including Oxygen)
200
P ro horic
Any Amount
Toxic
Any Amount
Section 105.6.2.1 is added to read:
105.6.2.1 - Apartment, Hotel, or Motel. An operational permit is required to
operate an apartment house, hotel, or motel.
Section 105.6.11.1 is added to read as follows:
105.6.11.1 - Day Care. An operational permit is required to operate a day care
facility with an occupant load of six (6) or more children.
Section 105.7.6.1 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.
Ordinance No. 2586 N.C.S.
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Section 105.6.39.1 is added to read as follows:
105.6.39.1 - Residential and Commercial Institutional Care Occupancy. An
operational permit is required to operate residential or commercial institutional
care occupancy. Occupancies complying with Health and Safety Code Section
13235 are exempt.
Section 105.6.39.2 is added to read as follows:
105.6.39.2 - Retail Sales of Fireworks. An operational permit to engage in the
sales or distribution of state - approved fireworks is required.
Section 105.7.11.1 is added to read as follows:
105.7.11.1 - Medical Gas Systems. A construction permit is required to install a
medical gas system.
Section 105.7.12 is amended to read as follows:
105.7.12 - Private Fire Hydrants and Underground Fire Main Installations. A
construction permit is required for the installation of any private fire hydrants
and /or underground fire mains to supply fire hydrant(s) and /or fire sprinklers.
Section 108.1 is amended to read as follows:
Section 108.1 - Appeals
(a) Appeals. Whenever the Fire Chief disapproves an application or refuses
to grant a permit applied for, or when it is claimed that the provisions of the
code do not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Fire Chief to the board of appeals, which is designated to be
the board of building review as heretofore established and appointed
according to Chapter 17.08 of the Petaluma Municipal Code, within thirty (30)
days from the date of the decision appealed. The Fire Chief shall act as
secretary of the board when it is hearing appeals concerned with the Fire
Code.
Ordinance No. 2586 N.C.S.
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1 (b) Fireworks Booth Sales Permits. Notwithstanding Section (a), the following
2 appeals procedure shall apply exclusively to permits for Fireworks Booths Sales
3 under this Code. Any person aggrieved by a decision of the Fire Chief, or
4 his /her designee, to disapprove an application, refuse to grant a permit, place
5 conditions on a permit, or revoke a fireworks booth sales permit shall have a
6 right of appeal of the decision to the City Manager, or his /her designee. Such
7 appeal shall be taken by filing a written notice of appeal with the City Clerk
8 within ten (10) days of the date of the decision. The appeal shall set forth the
9 grounds for the appeal and the name and address of the person requesting
10 the appeal. A failure to file a timely and complete appeal shall render the
11 decision final and conclusive. The City Manager shall, within ten (10) days of the
12 filing of the appeal, set a time and place for a hearing on the appeal. The
13 appeal shall be set no less than five (5) days after the filing of the appeal and
14 no more than sixty (60) days after the filing of the appeal. The City Manager's
15 determination following the hearing shall be in writing and shall contain a
16 statement of the facts upon which the determination is based. The City
17 Manager's determination shall be sent first -class U.S. mail, postage prepaid to
18 the person requesting the appeal, not later than ten (10) days following the
19 date of such determination. The determination of the City Manager shall be
20 final and conclusive. (Ord. 2175 NCS §3, 2004: Ord. 1997 NCS § 1 (part), 1995.)
21
22 Section 108.3 is deleted in its entirety.
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24 Section 109.4 is amended as follows:
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26 109.4 - Violation Penalties
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28 (a) Any violation of the provisions of this section shall be a misdemeanor.
29 Notwithstanding the preceding sentence, a violation of the provisions of this
30 section may be charged and prosecuted as an infraction at the discretion of
31 the City Attorney's office or other enforcing authority.
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33 (b) A person is guilty of a separate offense for each day during which
34 he /she commits, or continues or permits a violation of this chapter, or each time
35 he /she disobeys a valid order of an enforcement officer.
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37 (c) Because of the serious threat of fire or injury posed by the use of
38 "Dangerous Fireworks" that can result from persistent or repeated failures to
39 comply with the provisions of this code and the effect of such conditions or
40 activities on the safety and the use and enjoyment of surrounding properties
41 and to the public health, safety and welfare, this Article imposes liability upon
Ordinance No. 2586 N.C.S. Page 7
1 the owners of residential real property for all violations of this code existing on
2 their residential real property. Each contiguous use, display and /or possession
3 shall constitute a separate violation and shall be subject to a separate
4 administrative fine.
5
6 (d) Nothing in this section shall prohibit a court from imposing restitution
7 upon any person convicted of a violation of the provisions of this section.
8
Ordinance No. 2586 N.C.S. Page 8
1 (e) In addition to any other remedies available to the City under any
2 applicable state or federal statute or pursuant to any other lawful power the
3 City may possess, any violation of this chapter may be prosecuted or enforced
4 as a nuisance and enforced by a civil court action as provided in Chapter 1.13
5 of the Petaluma Municipal Code or via administrative enforcement as a
6 nuisance as provided in Chapter 1.14 of the Petaluma Municipal Code as
7 Chapters 1.13 and 1.14 may be amended from time to time.
8
9 (f) Administrative Citation pursuant to Petaluma Municipal Code Chapter
10 1.16. In addition to any other remedies available to the City under any
11 applicable state or federal statute or pursuant to any other lawful power the
12 City may possess, any violation of this Chapter may be enforced by
13 administrative citation pursuant to Chapter 1.16 of the Petaluma Municipal
14 Code as Chapter 1.16 may be amended from time to time.
15
16 (g) Administrative Citation pursuant to Health & Safety Code Section 12557.
17 In addition to any other remedies available to the City under any applicable
18 state or federal statute or pursuant to any other lawful power the City may
19 possess, any violation of this Chapter may be enforced by administrative
20 citation pursuant to Health & Safety Code Section 12557 when a violation
21 relates to the possession, use, storage, sale and /or display of those fireworks
22 classified as dangerous fireworks as defined herein and /or the use of state -
23 approved fireworks as defined herein on or at dates, times and /or locations
24 other than those permitted by this Ordinance.
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26 1. The imposition of fines related to dangerous fireworks under this
27 section 109.4(g) shall be limited to persons who possess, sell, use and /or
28 display, or to the seizure of less than 25 pounds (gross weight) of such
29 dangerous fireworks.
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31 2. Fines collected pursuant to this section 109.4(g) shall not be
32 subject to Health & Safety Code section 12706, which provides that
33 certain fines collected by a court of the state be deposited with, and
34 disbursed by, the County Treasurer. However, the City shall provide cost
35 reimbursement to the State Fire Marshal pursuant to regulations as
36 adopted, or as may be adopted by the State Fire Marshal addressing
37 the State Fire Marshal's cost for the transportation and disposal of
38 dangerous fireworks seized by the City, which costs will be part of any
39 administrative fine imposed. Unless and until such regulations have been
40 adopted by the State of California, the City shall hold in trust $250 or 25%
41 of any fine collected, whichever is greater, to cover the cost of
Ordinance No. 2586 N.C.S. Page 9
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reimbursement to the State Fire Marshal for the cost of transportation
and disposal of any dangerous fireworks seized by the City.
3. Other than as expressly modified herein, enforcement of
violations by administrative citation pursuant to Health & Safety Code
Section 12557 shall be subject to the provisions of Petaluma Municipal
Code Chapter 1.16.
Section 109.5 is added to read as follows:
Section 109.5 - Authority to Issue Citations. The Fire Chief and members of the
Fire Prevention Bureau who have the discretionary duty to enforce a statute or
Ordinance may, pursuant to Section 836.5 of the California Penal Code and
subject to the provisions thereof, arrest a person without a warrant whenever
the Fire Chief or member of the Fire Prevention Bureau has reasonable cause to
believe that the person to be arrested has committed a violation in the
presence of the Fire Chief or member of the Fire Prevention Bureau which he or
she has discretionary duty to enforce, and to issue a notice to appear and to
release such person on his or her written promise to appear in court, pursuant to
the provisions of Section 853.5 et seq. of the California Penal Code.
Section 111.1 is amended to read as follows:
111.1 - Order /Authority. Whenever the Fire Code Official finds any work
regulated by this code, the Petaluma Municipal Code or the Zoning Ordinance
being performed in a manner contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of this code, the
Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or
unsafe, the Fire Code Official is authorized to issue a stop work order.
Section 111.2 is amended to read as follows:
111.2 - Issuance. The stop work order shall be in writing and shall be posted in a
visible location near the location where the work is being conducted. If the
owner or owner's agent is not on site at the time of posting, a notice advising
the reasons for the stop work order issuance shall be hand delivered or mailed
first -class to the owner of the property involved, or to the owner's agent, or to
the person doing the work. Upon issuance of a stop work order, the cited work
shall immediately cease. The stop work order shall state the reason for the
order, the conditions under which the cited work will be permitted to resume,
and the name and contact information of the official or agency issuing the
order.
Ordinance No. 2586 N.C.S.
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Section 111.3 is amended to read as follows:
111.3 - Emergencies /Unlawful Continuance. Where an emergency exists, the
Fire Code Official shall not be required to give written notice prior to stopping
work. Any person who continues to engage in any work after having been
served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be guilty of a
misdemeanor.
Section 111.4 is amended to read as follows:
111.4 - Failure to Comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be subject to the
penalty provisions of the City of Petaluma Municipal Codes or state law.
Section 111.4.1 is added to read as follows:
111.4.1 - Removal of Posted Stop Work Order. Any person who removes a
posted stop work order without written consent of the Fire Code Official shall be
guilty of a misdemeanor.
Section 111.4.2 is added to read as follows:
111.4.2 - Response Required. Violators receiving a stop work order are required
to respond to the Fire Prevention Bureau within two (2) business days of the
issued notice to receive instructions on how to rescind the order.
Section 111.4.3 is added to read as follows:
111.4.3 - Permit Application Required. A fire permit application must be
submitted for approval within fifteen (15) working days following response to the
Fire Prevention Bureau. Plans will be reviewed and correction letters issued or
permit application approved within fifteen (15) working days of receipt by the
Fire Prevention Bureau. A response to any correction letter must be submitted
within fifteen (15) working days of the date of the correction letter. Five working
days will be required to review this second submission and a permit approved
for issuance. Permits ready for issuance must be issued within five (5) working
days thereafter. All construction must be inspected as work progresses and
signed off by all (affected) departments within sixty (60) days of permit
issuance.
Section 111.4.4 is added to read as follows:
Ordinance No. 2586 N.C.S.
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2 111.4.4-
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4 111.4.4 —Stop Work Order Penalty. The Fire Code Official may impose Stop Work Order
5 Penalties in accordance with Section 1. 14.050 of this code and /or other applicable law.
6
7 CHAPTER 3 - GENERAL PRECAUTIONS AGAINST FIRE
8
9 Section 304.1.2.1 is added to read as follows:
10
11 304.1.2.1 - Defensible Space- Neighboring Property. Persons owning, leasing or
12 controlling property within areas requiring defensible spaces are responsible for
13 maintaining a defensible space on the property owned, leased or controlled by
14 said person, of not less than thirty feet (30') (9.1.44 m) around any building or
15 structure. Distances may be modified by the Fire Code Official because of a
16 site - specific analysis based on local conditions.
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18 Section 307.2.1.1 is added to read as follows:
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20 307.2.1.1 - Use of Outdoor BBQs, Fireplaces and Fire Pits. The use of outdoor BBQs,
21 fireplaces and fire pits shall meet the requirements set forth in the Petaluma Fire
22 Department's standard entitled Outdoor Fireplace /Fire Pit Standard.
23
24 CHAPTER 5 - FIRE SERVICE FEATURES
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26 Section 501.1 is amended to read as follows:
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28 501.1 - Scope. Fire service features for buildings, structures and premises shall
29 comply with this chapter. This section applies to residential and commercial
30 developments. Single family residential projects in approved rural areas shall
31 comply with the Fire Safety Standards. Design and construction shall be in
32 accordance with the following sections, unless otherwise authorized by the Fire
33 Code Official in accordance with Section 104.9 - Alternative Materials and
34 Methods.
35
36 Section 502.1 is hereby amended to include the following definitions:
37
38 Fire Apparatus Access Road. A road that provides fire apparatus access from a
39 fire station to a facility, building or portion thereof. This is a general term inclusive
40 of all other terms such as fire lane, public street, private street, parking lot lane
41 and access roadway. Public streets may be defined by the standards of the
42 local agency having jurisdiction over the project.
Ordinance No. 2586 N.C.S. Page 12
R
2 Floor Area. The floor area used for calculating the required fire flow shall be the
3 total floor area of all floor levels within the exterior walls of a structure that are
4 under the horizontal projection of the roof, except as modified in Appendix
5 Section 8104 of the 2013 California Fire Code.
6
7 Section 503.2.6 is amended to read as follows:
8
9 503.2.6 - Bridges and Elevated Surfaces. Where a bridge or an elevated
10 surface is part of a fire apparatus access road, the bridge shall be constructed
11 and maintained in accordance with the American Association of State
12 Highway and Transportation Officials (AASHTO) Standard Specifications, Bridges
13 and elevated surfaces shall be designed for a live load sufficient to carry the
14 imposed loads of fire apparatus. Vehicle load limits shall be posted at both
15 entrances to bridges when required by the Fire Code Official. Where elevated
16 surfaces designed for emergency vehicle use are adjacent to surfaces which
17 are not designed for such use, approved barriers, approved signs or both shall
18 be installed and maintained when required by the Fire Code Official.
19
20 Section 503.2.6.1 is added to read:
21
22 503.2.6.1 - Evaluation. All existing private bridges and elevated surfaces shall be
23 evaluated by a California licensed civil engineer experienced in structural
24 engineering or a California licensed structural engineer for the purposes of
25 safety and weight rating and the vehicle load limits shall be posted at both
26 entrances to bridges. Theses evaluations shall be performed at the direction of
27 the Fire Code Official.
28
29 Section 503.2.6.2 is added to read:
30
31 503.2.6.2 - Bridge Maintenance. All new and existing bridges and elevated
32 structures providing emergency access shall be routinely evaluated and
33 maintained in accordance with the American Association of State Highway
34 and Transportation Officials (AASHTO) Manual: "The Manual for Bridge
35 Evaluation," First Edition, 2008, published by the American Association of State
36 Highway and Transportation Officials; or other approved standard.
37
38 Section 503.2.7.1 is added to read as follows:
39
40 503.2.7.1 - Grade Angles. The maximum allowable grade for driveways and
41 roadways used for fire apparatus access is twelve percent (12 %). Special
Ordinance No. 2586 N.C.S. Page 13
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allowances up to a maximum of eighteen percent (18 %) may be granted with
the approval of the Fire Code Official and City Engineer.
Section 505.1 is amended to read as follows:
505.1 - Address Identification. New and existing buildings shall be provided with
approved illuminated address numbers or letters. They shall be contrasting with
the background and be plainly visible from the street or road fronting the
property. Address numbers shall be Arabic numerals or alphabetic letters.
Where access is by means of a private road and the building cannot be
viewed from the public way, a monument, pole, or other approved sign or
means shall be used to identify the structure. Address identification shall
comply with Fire Department Standards.
Section 505.1.1 is added to read as follows:
505.1.1 - One and Two - Family Dwellings. Numbers for one and two - family
dwellings shall be a minimum of four inches (4 ") (101.6mm) high with a minimum
stroke width of 0.5 inches (12.7 mm).
Section 505.1.2 is added to read as follows:
505.1.2 - Numbers for Other Than One- and Two - Family Dwellings. Numbers for
other than one- and two - family dwellings shall be a minimum of twelve inches
(12 ") high with a minimum stroke width of one inch (I"). Suite and unit
directional numbers shall be a minimum of six inches (6 ") in height with a
minimum stroke width of 0.75 inches. Individual unit numbers shall be a
minimum of four inches (4 ") in height with a minimum of strike with of one -half
inch (1/2 ").
Section 505.1.3 is added to read as follows:
505.1.3 - Complex Directory. Where two (2) or more buildings are set back off
the street in excess of one hundred fifty feet (150') or when required by the Fire
Code Official, an approved illuminated complex directory shall be provided at
the main entrances to the property.
Section 506.1 is amended to read as follows:
Section 506.1 - Key Boxes. When access to or within a structure or area is
determined by the Fire Code Official to be unduly difficult because of secured
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openings (doors or gates) or due to the presence of hazardous materials or fire
protection systems, a key box shall be required to be installed at an accessible
location. The key box shall be an approved type and contain those keys
necessary to gain access.
Section 507.3.1 is added to read as follows:
507.3.1 - Adequate Water Supply. Minimum fire flow for buildings shall be
calculated as specified in California Fire Code Section B105 of Appendix B "Fire -
Flow Requirements for Buildings." If building fire flow calculations cannot be
made at the time of project submittal, the following fire flows shall apply. When
the building fire flow calculations are submitted, these flows shall be adjusted in
accordance with Appendix B:
• Single and Two Family Residential: 1,500 GPM
• Commercial, Industrial, Schools and Multi- Family Residential: 2,500
GPM
Fire flows for single - family dwellings may be reduced to the minimum flow as
permitted by Appendix B so long as the residual pressure shall be a minimum of
twenty pounds (20 lbs.) per square inch (psi) available for firefighting.
Section 507.5 is amended to read as follows:
507.5 - Fire Hydrant Systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and Appendix C as amended.
Section 507.5.1 is amended to read as follows:
507.5.1 - Where Required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 150 feet (45.179
m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on -site fire
hydrants and mains shall be provided where required by the Fire Code Official.
Section 507.5.1 the exception is deleted.
Section 507.5.1.2 is added to read as follows:
507.5.1.2 - Additional Requirements.
(a) Upon review of site conditions by the Fire Department, fire hydrant
spacing requirements may be reduced or modified. Fire hydrants shall be
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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 conform 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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(b) Require the owner to pay mitigation fees pursuant to the City of
Petaluma fee schedule.
Section 903.2 is amended to read as follows:
903.2 - Where Required. Approved automatic sprinkler systems in new buildings
and structures shall be provided in locations described in this section.
Additional local requirements are described in Sections 903.2.1 through
903.2.19.1.2 and may supersede the following requirements. The most restrictive
requirement shall apply.
Section 903.2.20 is added to read as follows:
903.2.20 - Local Fire Sprinkler System Requirements.
Section 903.2.20.1 is added to read as follows:
903.2.20.1 - System Requirements. An approved automatic fire sprinkler system
shall be installed and maintained in all newly constructed buildings.
Exceptions:
1. Detached Group U occupancies one thousand square feet (1,000' sq.)
or less. Agricultural buildings and private riding arenas as approved by the
Fire or Building Code Official.
2. Detached pool houses up to one thousand square feet (1,000' sq.) in
floor area within fifty feet (50') of the pool and limited to a single bathroom.
3. Detached non- combustible motor vehicle fuel dispensing canopies
classified as a Group M occupancy.
4. A room above a detached garage used for storage only that does not
contain a bathroom, cooking or refrigeration facilities.
5. Detached carports of noncombustible construction with non - habitable
spaces above.
6. Detached Group B or M occupancies five hundred square feet (500'
sq.) or less.
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Section 903.2.20.2 is added to read as follows:
903.2.20.2 - Group R -3. An automatic sprinkler system installed in accordance with
Section 903.3.1.3 shall be provided throughout all one- and two - family dwellings
regardless of square footage in accordance with the California Residential Code. Fire
Sprinklers shall be installed in all mobile homes, manufactured homes and multi - family
manufactured homes with two or more dwelling units in accordance with Title 25 of the
California Code of Regulations.
Section 903.2.20.3 is added to read as follows:
903.2.20.3 - Additions - Residential. Additions to existing residential buildings that
increase the total square footage of existing floor area by fifty percent (50 %) or
greater shall meet the requirements for a newly constructed building. This
requirement applies to the cumulative effect on square footage of 50% or
greater as a result of additions taking place over a five year period involving
one or more building permits. All additions to residential buildings with an
existing approved automatic sprinkler system shall be required to extend the
sprinkler system into the addition.
Section 903.2.20.4 is added to read as follows:
903.2.20.3 - Remodels, Repairs and /or Alterations. Residential remodels, repairs
and /or alterations, individually or any combination thereof, involving fifty
percent (50 %) or greater of square footage of the existing floor area shall meet
the requirements for a newly constructed building. This requirement applies to
the cumulative effect on square footage of fifty percent (50 %) or greater as a
result of remodels, repairs and /or alterations taking place over a five year
period involving one or more building permits.
Section 903.2.20.5 is added to read:
903.2.20.5 - Additions - Commercial and Multi - Family Additions. Additions to
existing commercial buildings that increase the total square footage of existing
floor area by twenty -five percent (25 %) or greater shall meet the requirements
for a newly constructed building. All additions to commercial buildings with an
existing approved automatic sprinkler system shall be required to extend the
sprinklers into the addition.
Section 903.2.20.6 is added to read as follows:
Ordinance No. 2586 N.C.S.
1 903.2.20.6 - Remodels, Alterations or Repairs - Commercial. For remodels,
2 alterations and /or repairs to existing building(s) involving demolition, removal or
3 repair of fifty percent (50 %) or greater of the structure, the building shall meet
4 the automatic fire sprinkler requirements for a newly constructed building.
5
6 Exceptions: Alterations or additions made solely for the purpose of complying
7 with the American's with Disabilities Act.
8 Section 903.2.20.7 is added to read:
9
10 903.2.20.7 - Changes of Occupancy. When any change of occupancy occurs
11 where the proposed new occupancy classification is more hazardous based on
12 fire and life safety risks as determined by the Fire Code Official including, but
13 not limited to, the conversion of residential buildings to condominiums, the
14 building shall meet the fire sprinkler requirements for a newly constructed
15 building.
16
17 Section 903.2.20.8 is added to read:
18
19 903.2.20.8 - Residential Conversions. Fire sprinkler systems shall be installed in all
20 single - family dwellings that are converted to duplexes and /or multi - family
21 dwellings, bed and breakfasts, inns, lodging houses or similar uses. Fire sprinkler
22 systems shall be installed in all conversions of a detached garage into living
23 space or sleeping space.
24
25 Section 903.2.20.9 is added to read as follows:
26
27 903.2.20.9 - Elevation of Existing Buildings. An automatic fire extinguishing
28 system shall be installed throughout all existing buildings when the building is
29 elevated to three (3) or more stories or more than thirty -five feet (35') in height,
30 from grade to the exposed roof.
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32 Exceptions: An automatic fire - extinguishing system need not be provided when
33 the area above thirty -five feet (35') is provided for aesthetic purposes only and
34 is a non - habitable space.
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36 Section 903.2.20.10 is added to read:
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38 903.2.20.10 - Installation of Automatic Fire Sprinklers in Pre - Existing Buildings
39 (Historic Downtown Business District).
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41 (a) Geographic Boundary- Historic Downtown Business District: For the
42 purposes of this section, the Historic Downtown Business District shall include all
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buildings located inside the geographic area generally formed by Kentucky
Street to the west, Washington Street to the north, the Petaluma River to the
east and B Street to the south. Also included in this section is 201 Washington
Street (Phoenix Theater) and 132 Keller Street (formerly Tuttle Drug), as more
particularly described in Figure 1003.2.12.
figure 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.
Ordinance No. 2586 N.C.S.
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1
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
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concealed spaces, as defined by the Standard for the
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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
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the 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
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used for storage, business or public use shall have automatic
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fire sprinklers installed within the basements or the below
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street grade areas, no later than December 31 of the year
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that is six (6) years from the date of the water main
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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
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concealed spaces, as defined by the Standard for the
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Installation of Sprinklers (NFPA -13), no later than December
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31 of the year that is twelve (12) years from the date of the
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water main installation.
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Ordinance No. 2586 N.C.S. Page 21
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(3) Property Owner's Responsibility for System Installation:
a. The Property Owner shall be responsible for installation of the
lateral service from the curb line into the building. This also
includes isolation, check or other valves or devices, as
applicable.
b. The Property Owner shall be responsible for the installation of
the automatic fire sprinkler system according to the Standard
for the Installation of Sprinkler Systems (NFPA -13).
(4) Plans and Specifications: Plans and Calculations (NFPA -13, Chapter
8) for the service lateral and fire sprinkler system shall be submitted
to and approved by the Fire Prevention Bureau prior to installation of
equipment and materials.
a. For the Kentucky Street installations that are required on or
before December 31, 2010 or December 31, 2016, all Plans
and Calculations for service lateral and sprinkler systems shall
be submitted no later than June 30, 2010 or June 30, 2016
respectively, with installation and approval of work to occur
prior to December 31, 2010 or December 31, 2016
respectively.
b. For Petaluma Boulevard North installations that occur in the
last year of the six (6) or twelve (12) year deadline (when
established) after the installation of the water main by the
City of Petaluma, Plans and Calculations shall be submitted
in that last year no later than June 30 of that year, with
installation and approval of work to occur prior to December
31 of that last year.
Section 903.3 is amended as follows:
903.3 - Installation Requirements. Sprinkler systems shall be designed and
installed in accordance with NFPA -13, NFPA -13R (if approved by the Fire Code
Official) and NFPA -13D. Pursuant to Section 102.7.1 and Section 105.1.4, the Fire
Code Official may require additional sprinkler coverage to mitigate certain
conditions such as access or water supply issues.
Ordinance No. 2586 N.C.S.
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Section 903.3.1 is amended to read:
903.3.1 - Design Criteria. Fire sprinkler systems installed in buildings of
undetermined use shall be designed and installed to have a design density of
.33 gallons per minute per square foot over a minimum design area of three
thousand square feet (3,000' sq.). Where a subsequent occupancy change
requires a system with greater capacity, it shall be the building owners'
responsibility to upgrade the system to the required density and meet any
additional requirements of the Fire Code at the time of such change.
Section 903.3.7 is amended to read as follows:
903.3.7 - Fire Department Connections. The location of fire department
connections (FDCs) shall be within fifty feet (50') of a fire hydrant or as
approved by the Fire Code Official. Approved locking caps shall be provided
on any existing FDCs found to be vandalized and on new FDCs when
determined by the Fire Code Official to be necessary because of site specific
conditions or hazards.
Section 903.4 is amended to read as follows:
903.4 - Sprinkler System Monitoring and Alarms. Except for Group R, Division 3
Occupancies, all valves controlling the water supply for automatic sprinkler
systems, pumps, tanks, water levels, temperatures, critical air pressure and
water flow switches shall be electronically supervised. Valves when used for
standpipes are excluded from this provision unless required by the Fire Code
Official.
Section 903.4.2 is amended to read as follows:
903.4.2 - Alarms. One (1) exterior approved audible device shall be connected
to every automatic fire sprinkler system in an approved location. The Fire Code
Official may require one (1) exterior audible and visual device connected to an
automatic fire sprinkler system in an approved location based on site specific
conditions. Such sprinkler water flow alarm devices shall be activated by water
flow equivalent to the flow of a single sprinkler of the smallest orifice size
installed in the system. Where a building fire alarm system is installed, actuation
of the automatic fire sprinkler system shall actuate the building fire alarm
system.
Ordinance No. 2586 N.C.S.
Page 23
1 Section 905.3.1 is amended to read as follows:
2
3 905.3.1 - Building Height. Class I standpipes shall be installed in buildings three
4 stories or over in height and /or if, in the opinion of the Fire Chief, a hazard or
5 condition exists in which the installation of standpipes would improve firefighting
6 operations. Standpipes will be provided with approved outlets provided on
7 each floor level, including the roof when roof access is provided.
8
9 Section 905.9 exception 2 is deleted.
10
11 Section 907.8.5.1 is added to read as follows:
12
13 907.8.5.1 - Fire Alarm Service Stickers /Tags. Upon completion of each annual
14 fire alarm service, the fire alarm contractor providing the service shall affix a
15 sticker or tag to the main fire alarm panel which indicates the name of the fire
16 alarm company and the date of the service.
17
18 Section 907.10 is added to read as follows:
19
20 907.10 - False Fire Alarms. Owners of properties with a fire alarm system shall
21 maintain the system in accordance with section 907.8. False alarm fees shall be
22 assessed per the current adopted fee schedule.
23
24 CHAPTER 49 - REQUIREMENTS FOR WILDLAND -URBAN INTERFACE FIRE AREAS
25
26 Section 4902.1 The following definition is amended to read as follows:
27
28 Wildiand -Urban Interface Fire Area. The geographical area located within any
29 Moderate, High or Very High Fire Hazard Severity Zone as recommended by the
30 Cal Fire Director pursuant to Public Resource Code Sections 4201 -4204 and
31 Government Code Sections 51175 -51189 or in a High Fire Hazard Severity Zone
32 as identified by the Petaluma Fire and Resource Assessment Program (FRAP.)
33
34 Section 4906.2 is amended to read as follows:
35
36 4906.2 - Applicability. New buildings for which a building permit is submitted on
37 or after January 1, 2011, that are located within any Moderate, High or Very High
38 Fire Hazard Severity Zone as designated by the Director of Cal Fire or in any
39 Moderate, High or Very High Fire Hazard Severity Zone as identified by the Fire
40 Hazard Security Zone (FHSZ) map as defined in Section 17.20.020 of the Petaluma
41 Municipal Fire Code shall comply with the following sections:
42
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(a) Section 4907.1 2013 California Fire Code Defensible Space (moderate,
high, very high);
(b) Section 705A, 2013 California Building Code - Roofing (moderate, high,
very high);
(c) Section 706A, 2013 California Building Code - Vents (moderate, high, very
high);
(d) Section 707A 2013 California Building Code - Exterior Covering (moderate,
high, very high);
(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 wildland -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
Ordinance No. 2586 N.C.S.
Page 25
1 cleared, treated or modified to slow the rate and intensity of an approaching
2 wildfire.
3
4 (b) A ten -foot (10') firebreak on each side of hillside roads or driveways used
5 for emergency access; such firebreaks may be landscaped with fire resistive
6 vegetation.
7
8 (c) Where required, fire breaks and /or disked trails up to thirty feet (30') wide
9 shall be identified on the plan and maintained throughout the fire season; the
10 location of such breaks /trails shall be approved by the Fire Code Official.
11
12 (d) Other fire protection measures based on best management practices for
13 wildfire exposure protection as required by the Fire Code Official.
14
15 Section 4907.2 is added read as follows:
16
17 4907.2 - Ancillary Buildings and Structures. When required by the enforcing
18 agency, ancillary buildings and structures and detached accessory structures
19 shall comply with the provisions of this chapter.
20
21 CHAPTER 50 - HAZARDOUS MATERIALS
22
23 Section 5001.5.3 is added to read as follows:
24
25 5001.5.3 - Electronic Reporting. All Hazardous Material Management Plans
26 (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be submitted
27 electronically in the California Environmental Reporting System (CERS) as
28 required by the Fire Code Official. All updates to HMMP and HMIS must be
29 made in CERS.
30
31 CHAPTER 56 - EXPLOSIVES AND FIREWORKS
32
33 Section 5602 is hereby amended to add the following definitions:
34
35 5602 - Definitions
36
37 Affiliated Organization. For purposes of this Article, shall be presumed to be the
38 following:
39
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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 high school football and boosters of high school basketball would
be presumed to be two different, non - affiliated organizations).
Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as
defined in Health and Safety Code sections 12505 and 12561 and the relevant
sections of Title 19, California Code of Regulations, Subchapter 6, which are
hereby incorporated by reference.
Fireworks Booth. Fireworks booth shall mean any building, counter or other
structure of a temporary nature used in the sale, offering for sale or display for
sale of "safe and sane fireworks."
Nonprofit Organization. For the purposes of this Chapter, nonprofit organization
shall mean any nonprofit association, charity or corporation organized primarily
for veterans, patriotic, welfare, civic betterment, educational, youth
development or charitable purposes pursuant to Internal Revenue Code
Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or
which has been issued a tax - exempt certificate as required under the Revenue
and Taxation Code of the State of California; or a group which is an integral
part of a recognized national organization having such tax - exempt status; or a
nonprofit organization affiliated with and officially recognized by an
elementary, junior high and /or high school and /or school district that serves, in
Ordinance No. 2586 N.C.S.
Page 27
1 whole or in part, the residents of the City of Petaluma or public and /or private
2 community college, college and /or university which is located within the
3 boundaries of the City of Petaluma.
4
5 Person. Person shall mean a natural person or a legal entity that is also an
6 owner, tenant, lessee and /or other person with any right to possession or control
7 of the property where a violation of this code occurred.
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9 Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane
10 fireworks" as defined in Health and Safety Code Section 12529 and 12562 and
11 the relevant sections of Title 19, California Code of Regulations, Subchapter 6,
12 which are hereby incorporated by reference. "Piccolo Pete -type fireworks" are
13 also known and sometimes referred to and /or labeled as, and /or have
14 substantially the same appearance and discharge characteristics as, but are
15 not limited to: "Piccolo Pete," "Whistle Pete," "Nice Siren," "Whistling Phantom,"
16 "Screaming Willy" and "Whistling Pete."
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18 Principal and Permanent Meeting Place. Principal and permanent meeting
19 place shall mean a permanent structure, playing field, geographic area or
20 service population which resides in or is located within the City of Petaluma.
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22 Public Display of Fireworks. Public display of fireworks shall mean an
23 entertainment feature where the public is admitted or permitted to view the
24 display or discharge of fireworks by a licensed pyro- technician.
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26 Qualified Applicant. Qualified applicant shall mean any group or organization
27 which has met all of the following criteria for a continuous period of not less
28 than one full year preceding submittal of an application for a permit to sell
29 required by this Chapter and which continues to meet the criteria for the
30 duration of any permit to sell issued by the City of Petaluma pursuant to this
31 Chapter. A nonprofit organization as defined in this Chapter:
32
33 1. The organization must have its principal and permanent meeting
34 place within the City;
35
36 2. The organization must be one which provides direct and regular
37 community services and benefits to the residents of the City;
38
39 3. The organization must have a minimum bona fide membership
40 of at least twenty (20) members who either reside in the City, are
Ordinance No. 2586 N.C.S. Page 28
I employed in the City or are owners or operators of a business or other
2 establishment located in the City;
3
4 4. Neither the organization nor any of its officers and /or officials
5 have been found by any court or City administrative process to be in
6 violation of any civil or criminal local, state or federal law relating to
7 fireworks within twenty -four calendar months prior to the organization's
8 submittal of an application for a permit to sell;
9
10 5. The organization has not had a permit to sell fireworks revoked
11 within twenty -four months prior to the organization's submittal of an
12 application for a permit to sell.
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14 Responsible Person. Responsible person shall mean a person who causes a
15 violation of this Chapter to occur or allows a violation to exist or continue, by his
16 or her action or failure to act, or whose agent, employee or independent
17 contractor causes a violation to occur, or allows a violation to exist or continue.
18 There is a rebuttable presumption that the record owner of a residential parcel,
19 as shown on the county's latest equalized property taxes assessment rolls, and a
20 lessee of a residential parcel has a notice of any violation existing on said
21 property. For purposes of this Chapter, there may be more than one responsible
22 person for a violation. Any person, irrespective of age, found in violation of any
23 provision of this Chapter may be issued a citation in accordance with the
24 provisions of this Chapter. Every parent, guardian or other person, having the
25 legal care, custody or control of any person under the age of eighteen (18)
26 years, who knows or reasonably should know that a minor is in violation of this
27 Chapter, may be issued a citation in accordance with the provisions of this
28 Chapter, in addition to any citation that may be issued to the offending minor.
29
30 State - Approved Fireworks. State - approved fireworks shall mean "safe and sane
31 fireworks" as defined in Health and Safety Code sections 12529 and 12562 and
32 the relevant sections of Title 19, California Code of Regulations, Subchapter 6,
33 which are hereby incorporated by reference. State - approved fireworks are also
34 known, and sometimes referred to, as "safe and sane fireworks."
35
36 Section 5609 is added to read as follows:
37
38 5609 - Fireworks. Except as hereinafter provided, it shall be unlawful for any
39 person to possess, store, offer for sale, expose for sale, sell at retail or use or
40 explode any dangerous fireworks or explode any rocket, firecracker, Roman
41 candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core
Ordinance No. 2586 N.C.S. Page 29
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sparkler, black cartridge or other combustible device or explosive substance, or
any kind of fireworks or dangerous fireworks by whatsoever name known within
the City of Petaluma provided that the Fire Chief shall have power to adopt
reasonable rules and regulations for the granting of permits for supervised
public displays of fireworks by a public agency, fair association, amusement
park or other organization or for the use of fireworks by artisans in pursuit of their
trade. Every such use or display shall be handled by a competent operator
approved by the Fire Chief and shall be of such character and so located,
discharged or fired as in the opinion of the Fire Chief, after proper investigation,
not to be hazardous to property or endanger any person.
Exception: State - Approved Fireworks: It shall not be unlawful to possess or sell,
within the City, state - approved fireworks and /or safe and sane fireworks as
defined herein.
This section shall not apply to persons, businesses or entities licensed by the
State Fire Marshal as a wholesaler and /or import /export concern to legally
possess or sell fireworks, including those prohibited by this section, within the City
for the primary purpose of sale and distribution outside the City.
Notwithstanding any provision of this code, the City Council, upon advice of
the Fire Chief, may in any given fireworks sales year prohibit the sale and use of
state - approved fireworks and /or safe and sane fireworks when it is determined
that conditions exist in the City, including but not limited to fire weather events,
fuel moisture, drought, limitations on available firefighting forces and /or other
condition, that create an extreme danger to the public health and safety
and /or life and property of the residents, businesses and visitors of the City.
5609.1 - Fireworks — Conditions of Sales
(a) It is unlawful for any person, firm, corporation, association, or
organization to sell or offer for sale any fireworks within the City, except as
expressly permitted by this Ordinance.
(b) Time of Sale. Subject to the provisions of the State Fireworks Law
(California Health and Safety Code, Division 11, Part 2, Chapters 1 -7, Health and
Safety Code Sections 12500- 12801), and the provisions of this code, state -
approved fireworks, as defined in Section 12504 of the California Health and
Safety Code, may be sold within the City between the hours of 10:00 a.m. and
9:00 p.m. on June 30th, July 1st, July 2nd, July 3rd and July 4th. Pyrotechnic displays
may deviate from these restrictions subject to applicable provisions of the
Ordinance No. 2586 N.C.S.
Page 30
1 California Health and Safety Code, and provided they are approved by the
2 Fire Chief or his /her designated representative.
3
4 (c) Permit Required. No person, firm, corporation, association, or
5 organization shall sell fireworks within the City unless they are a qualified
6 applicant and /or affiliated organization of a qualified applicant as defined in
7 this Chapter and have first obtained a permit therefore. Issuance of the permit
8 shall fulfill all municipal licensing requirements and fire safety conditions outlined
9 by the Fire Department. All permit applications shall be received in the Fire
10 Prevention Bureau by no later than the last day of May each year. No person,
11 firm, corporation, association or other organization, other than the qualified
12 applicant or its authorized representatives shall operate the booth for which the
13 permit is issued or share or otherwise participate in the profits of the operation of
14 such booth.
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16 In addition to any fees established by resolution of the City Council for permit
17 application, processing, inspection and /or business licenses for any wholesale
18 or retail sales of state - approved fireworks, any qualified applicant for a permit
19 for wholesale sales of state - approved fireworks shall pay a non - refundable
20 "Public Education and Compliance" fee, in an amount to be established by
21 resolution of the City Council, to cover the City's costs for enhanced public
22 education and enforcement of the regulations governing state - approved
23 fireworks set forth in this section. The "Public Education and Compliance" fee
24 shall also include the costs associated with the cleanup and removal of
25 fireworks debris left on public rights -of -way, and all public properties such as
26 City parks, City Hall and other City facilities.
27
28 Nonprofit organizations licensed and permitted to sell state - approved fireworks
29 in the City are required to obtain a temporary sales tax permit from the local
30 office of the State Board of Equalization.
31
32 (d) Information Required on Permit. Each qualified applicant for such
33 permit shall file a written application with the Fire Prevention Bureau showing
34 the following information:
35 1. Name and address of qualified applicant.
36 2. Location where the qualified applicant proposes to sell fireworks.
37 3. Places of storage for fireworks.
38 4. Evidence that the qualified applicant meets the criteria
39 specified in this code.
Ordinance No. 2586 N.C.S. Page 31
1 (e) Organization(s) Authorized to Sell. No permit to sell state - approved
2 fireworks shall be issued to any person except the following.
3
4 1. Organizations or local community service associations which
5 constitute qualified applicants and /or affiliated organizations of a
6 qualified applicant, as defined in this Chapter.
7
8 (f) Determination of Eligibility by Fire Chief — Right of Appeal. The Fire Chief
9 shall make a determination as to which organizations, including qualified
10 organizations, meet the criteria specified in Section 5. Any aggrieved applicant
11 may appeal the decision of the Fire Chief pursuant to Appendix Chapter 1,
12 Section 108.1.
13
14 (g) Maximum Number of Permits to Sell. The maximum number of permits to
15 sell state - approved fireworks shall not exceed eighteen (18) booths. Any person
16 or organization which sold fireworks from an outdoor temporary fireworks booth in
17 the City of Petaluma pursuant to a permit issued in 2013 shall be entitled to apply
18 for a permit, and upon meeting all of the standards and conditions set forth in
19 Section 5609.1 shall receive such permit. Only one (1) permit per organization will
20 be allowed.
21
22 (h) Abandon Permits. Any previous permit holder who does not apply and
23 obtain a permit for each consecutive year shall be deemed to have abandoned
24 the right to such a permit. When a permit has been abandoned, the permit will
25 not be reissued or transferred to a new vendor.
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27 (i) Revocation of Permits. If a fireworks booth permit is revoked by the Fire
28 Code Official because the permit holder failed to meet the standards and
29 conditions set forth on the permit, the permit may be considered abandoned.
30
31 (j) Total Number of Booths Permitted for an Entity, Organization, or Group.
32 Fireworks sales permits shall be limited to one (1) booth per qualified applicant.
33 The purpose of limiting booths to one (1) per applicant is to allow a maximum
34 number of entities, organizations or groups to participate in fireworks sales without
35 creating an unfair advantage for one group over another.
36
37 (k) Assignment of Available Permits for the 2014 Fireworks Year. If the number
38 of applications received up to and including the last day of May, 2014 exceeds
39 the number of permits to be issued, the Fire Code Official shall forward a list of
40 qualified applicants who did not hold permits to sell in the prior year to the City
41 Clerk who shall, not later than the 5th day of June, supervise an impartial drawing
Ordinance No. 2586 N.C.S. Page 32
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to determine an order of priority for each application. Upon such determination,
the City Clerk shall forward to the Fire Code Official a list of applications,
numbered in order of priority drawn for investigation and issuance. Permits may
be issued in order of priority drawn to those on the list until the maximum of
eighteen (18) booths is reached.
(1) Insurance Requirements as Condition of Sale. Each applicant for a permit
shall file with the Bureau of Fire Prevention, prior to the issuance of any permit, a
policy of public liability insurance with applicable coverage of a minimum of one
million dollars ($1,000,000.) No policy will be acceptable which contains a
provision allowing for a deductible amount. The City, its officers, employees,
agents and volunteers shall be named as additional insured on such insurance
policy or certificate of insurance by a separate specific endorsement in a form
acceptable to the City's Risk Manager and City Attorney.
(m) Hold Harmless and Indemnification. The fireworks distributor and the non-
profit organization must agree in writing to indemnify, defend with counsel
acceptable to the City of Petaluma (hereinafter "City "), and hold harmless City
and its officers, officials, employees, agents and volunteers from and against any
and all liability, loss, damage, claims, expenses and costs (including, without
limitation, attorney's fees and costs and fees of litigation) (collectively "Liability ")
of every nature arising out of or in connection with the Permit including, but not
limited to, any and all activities authorized, performed, allowed and /or required
under the Permit, except such Liability caused by the sole negligence or willful
misconduct of City.
(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.
Ordinance No. 2586 N.C.S.
Page 33
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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.
7. All litter shall be removed on a daily basis.
8. The booth shall be removed from the temporary location and all
litter shall be removed by 12:00 noon on July 8th.
9. All retail sales of state - approved fireworks shall be permitted only
from within a temporary booth. Sales from any other building or structure
are prohibited.
10. Approved banners or other barricades to prohibit parking within
twenty feet (20') of the booth shall be provided.
11. No electrical devices or open flames are permitted within any
booth.
Ordinance No. 2586 N.C.S.
Page 34
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Exception: A single electronic cash register is permitted in the booth.
Power for device shall be provided by a heavy duty type electric
extension cord with a minimum of fifteen (15) amp rating. There shall be
no signs of mechanical damage, fraying or exposed wire insulation to the
cord. Approval of extension cord subject to inspection by the fire
inspector.
12. Signs must be posted on each booth stating "No fireworks
permitted in the unincorporated areas of Sonoma or Marin Counties."
13. No person shall knowingly sell fireworks to any person under
eighteen (18) years of age. Proof that the fireworks booth permit holder
demanded, was shown, and acted in reliance upon, bona fide evidence
of age and identity in any sale of fireworks prohibited by this section shall
be a defense to any proceedings for suspension or revocation of the
permit holder's state - approved fireworks permit or a criminal proceeding
instituted by the City against the permit holder for violations of this section.
For purposes of this section bona fide evidence of age and identity of
purchaser shall mean a document issued by a federal, state, county or
municipal government which contains a photograph and date of birth of
the purchaser including, but not limited to, a valid California Driver's
License or Identification Card issued to a member of the Armed Forces.
Signs shall be posted in conspicuous places on and in the booth
indicating "No Fireworks Sales to Persons Under the Age of 18 - Photo I.D.
Required."
14. No person shall sleep or remain in any fireworks booth after close
of business each day or at any time when the booth is closed for business.
15. A fireworks booth need not comply with the provisions of the
Building Code of the City of Petaluma; provided, however, that every
fireworks booth shall be erected under the supervision of the Fire Chief
who shall require that the fireworks booth be constructed in a manner
which will reasonably ensure the safety of attendants and patrons.
16. Each fireworks booth shall be provided with a minimum of one (1)
model 2AlOBC fire extinguisher and one (1) 5- gallon pressure water fire
extinguisher, in good working order and easily accessible for use in case of
fire.
Ordinance No. 2586 N.C.S.
Page 35
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17. No person shall smoke within twenty -five feet (25') of any safe and
sane fireworks booth. No person shall light, cause to be lighted or permit
to be lighted any fireworks or combustible material within fifty feet (50') of
any state - approved fireworks booth.
Limitations on Places and Hours of Discharge.
1. It shall be unlawful for any person to discharge any state -
approved fireworks in the City except between the hours of 10:00 a.m. to
11:00 p.m. on July 4th.
2. It shall be unlawful for any person to ignite, discharge, project or
otherwise fire or use, any state - approved fireworks or permit the ignition,
discharge or projection thereof, upon or over or onto the property of
another without the property owner's consent or to ignite, discharge,
project or otherwise fire or make use of any state - approved fireworks
within ten feet (10') of any residence, dwelling or other structure listed as a
place of habitation by human beings.
3. The use of state - approved fireworks in the City shall be limited to
private property except as otherwise provided herein. No person shall
ignite or discharge any state- approved fireworks on private open areas
such as parks, parking lots or vacant property, without the property
owner's or his or her designated agent's permission. No person shall ignite
or discharge any state - approved fireworks on public or semi - public open
areas such as parks, parking lots or vacant property, excluding public
streets and sidewalks, except as authorized by the Director of Parks and
Recreation and the Fire Department, and, if applicable, the private
property owner or his or her designated agent.
4. Any person who discharges state - approved fireworks on public or
private property shall be responsible for the removal of all spent fireworks
debris and litter or rubbish associated with the discharge of fireworks, and
for disposition thereof in an appropriate trash receptacle. Spent fireworks
debris shall be allowed to cool for at least thirty (30) minutes or immersed
in water before discarding to a trash receptacle.
5. No state - approved fireworks shall be discharged in the Fire Hazard
Severity Zones (FHSZs) of the City, as established and approved by the
Petaluma Fire Department with the assistance of the California
Department of Forestry and Fire Protection and within the boundaries set
Ordinance No. 2586 N.C.S.
Page 36
1 forth on the FHSZ map as defined in Section 17.20.040 of the Petaluma
2 Municipal Code and kept on file in the Fire Code Official's Office. All
3 fireworks booths shall post a notice of such fireworks ban and a map
4 designating the FHSZ restrictions, in the form provided by the Fire Code
5 Official's office. Booth operators shall advise persons purchasing state -
6 approved fireworks to review the notice and map and advise them of the
7 fireworks restrictions in the FHSZ.
8
9 6. Supervision of minors. It shall be unlawful for any person having the
10 care, custody or control of a minor (under eighteen (18) years of age) to
11 permit such minor to discharge, explode, fire or set off any dangerous,
12 illegal fireworks at any time, or to permit such minor to discharge or set off
13 any state - approved fireworks unless such minor does so under the direct
14 supervision of a person over eighteen (18) years of age and during the
15 hours and on the day permitted by this section.
16
17 (q) Qualified Applicant Reporting Requirement. On or before November 1st
18 of any sales year for which a qualified applicant received a sale permit, the
19 qualified applicant shall submit to the Fire Code Official a financial statement by
20 the treasurer or financial officer of the qualified applicant setting forth the total
21 gross receipts from the fireworks stand operated by the qualified applicant; all
22 expenses incurred and paid in connection with the purchase of fireworks and the
23 sale thereof; and to whom and for what purpose the net proceeds were or will be
24 disbursed, along with the most recent report filed by the qualified applicant with
25 the State Board of Equalization. The filing of the statement required by this section
26 with the City shall be a condition precedent to the granting of any subsequent
27 permit, and a permit holder which fails to file such statement shall not be
28 considered a qualified applicant in any year subsequent to its failure to file. This
29 shall be considered an abandonment of the qualified applicants permit.
30
31 (r) Any permit issued under this section may be revoked by the Fire Chief in
32 case of any violation of this section or any terms or conditions of the permit. The
33 City Council may revoke said permits) and /or prohibit fireworks sales at any time
34 it deems necessary to protect the health, safety and welfare of the citizens of the
35 City.
36
37 Section 5609.1.1 is hereby added to read as follows:
38
39 5609.1.1 - Reports to Council.
40
Ordinance No. 2586 N.C.S. Page 37
1 (a) On an annual basis, before June 15th of each calendar year, the Fire
2 Department will prepare and provide to the City Council an education and
3 enforcement plan. The plan will include the following:
4
5 1. Education and enforcement program to be implemented in a
6 given year; and
7
8 2. Other relevant information deemed necessary by the Fire Code
9 Official to provide an overview of the City's experience in fireworks
10 enforcement relevant to that year's education and enforcement
11 programs.
12
13 (b) By no later than the last day of September, annually, the Fire Code
14 Official will provide to the City Council a fireworks after - action report. The report
15 will include the following:
16
17 1. An evaluation of the success or failure of the education and
18 enforcement plan; and
19
20 2. Relevant incident statistics for the period of June 17 through July
21 16th.
22
23 (c) All information and records which are otherwise exempt from public
24 disclosure pursuant to the Public Records Act will remain exempt from disclosure,
25 despite inclusion of any such information and /or records in an education and
26 enforcement plan and /or after action report in order to avoid any unintended
27 effect on public safety operations.
28
29 Section 5609.2 is hereby added to read as follows:
30
31 5609.2 - Prohibition of Sale and Use of Fireworks. It is unlawful for any person, firm,
32 corporation, association, organization or entity to sell or offer for sale any fireworks
33 within the City except as expressly permitted by this Ordinance. It is unlawful for
34 any person, firm, corporation, association, organization or entity to use any
35 fireworks within the City except as expressly permitted by this Ordinance.
36
37 Section 5609.3 is hereby added to read as follows:
38
39 5609.3 - Storage of Fireworks. The storage and use of fireworks inside buildings is
40 prohibited.
41
Ordinance No. 2586 N.C.S. Page 38
1 Exceptions: State - approved fireworks purchased by the public for individual or
2 family use.
3
4 Section 5609.3.1 is hereby added to read as follows:
5
6 5609.3.1 - Storage of State - Approved Fireworks - Retail. The storage of state -
7 approved fireworks by those conducting retail sales shall be in a non - combustible
8 container or magazine as approved by the Fire Code Official. The location of
9 said storage shall be within the City limits of Petaluma and be approved by the
10 Fire Code Official.
11
12 Section 5609.3.2 is hereby added to read as follows_
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14 5609.3.2 - Prohibition Against Modification and Discharge of State - Approved
15 Fireworks. No person shall modify, tamper with, disassemble, rearrange and /or
16 combine the contents or original packaging of any state - approved firework, nor
17 in any way remove the original packaging labels.
18
19 Section 5609.3.2.1 is hereby added to read as follows:
20
21 5609.3.2.1 - Prohibition Against Possession, Use, Display or Discharge of Modified
22 State - Approved Fireworks. No person shall possess, use, display, discharge or
23 explode any state - approved firework that has been tampered with,
24 disassembled and /or rearranged, nor shall any person possess, use, display,
25 discharge, explode or combine the contents of multiple state - approved fireworks
26 or combine, tape or change the originally intended purpose of state - approved
27 fireworks.
28
29 Section 5609.3.2.2 is hereby added to read as follows:
30
31 5609.3.2.2 - Prohibition Against Sale and Discharge of Piccolo Pete -Type
32 Fireworks.
33
34 (a) Notwithstanding the provisions of Section 3309.2, no person shall sell, use,
35 distribute, give away or discharge, at any time, on any day, any "Piccolo Pete -
36 type firework" or any firework having substantially the same appearance and
37 discharge characteristics as any of these. Additionally, any retail sale, gift, or
38 donation of any "Piccolo Pete -type firework" (or any firework having substantially
39 the same appearance and discharge characteristics as any of these) shall be a
40 violation of this section.
41
Ordinance No. 2586 N.C.S. Page 39
1 (b) Except as otherwise provided herein, it shall be lawful for any person to
2 possess and /or transport any "Piccolo Pete -type firework" within the City of
3 Petaluma.
4
5 (c) This section shall not apply to persons, businesses or entities licensed by the
6 State Fire Marshal as a wholesaler and /or import /export concern to legally
7 possess or sell fireworks, including those prohibited by this section, within the City
8 for the primary purpose of sale and distribution outside the City.
9
10 CHAPTER 80 - Referenced Standards
11 California Fire Code, Chapter 80, NFPA, 13D -16 is Amended Sections as follows:
12 NFPA 13D -16 - Standard for the installation of Sprinkler Systems in One- and Two - Family
13 Dwellings and Manufactured Homes_ as amended *... 903.3.1.3, 903.3.5.1.1
14
15 Revise Section 5.1.1.2 to read as follows:
16 NFPA.13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the
17 premises so that any sprinklers that have operated of been damaged in any way
18 can be promptly replaced.
19
20 Add Sections 5.1.1.2.1 as follows:
21 NFPA.13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature
22 ratings of the sprinklers in the property. The stock sprinklers shall include not less
23 than one sprinkler of all types and ratings installed.
24
25 Add Sections 5.1.1.2.2 as follows:
26 NFPA.13D.5.1.1.2.2. The sprinklers shall be kept in a cabinet located where the
27 temperature to which they are subjected will at no time exceed the maximum
28 ceiling temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within
29 the cabinet.
30
31 Add Sections 5.1.1.2.4 as follows:
32 NFPA.13D.5.1.1.2.4. One sprinkler wrench as specified by the sprinkler
33 manufacture shall be provided in the cabinet for each type of sprinkler installed
34 to be used for the removal and installation of sprinklers in the system.
35
36 Revise Section 7.6 to read as follows:
37 NFPA.13D.7.6 A local water flow alarm shall be provided on all sprinkler systems.
38
39 Add Section 8.1.3.1.2.1 to read as follows:
40 NFPA.13D.8.1.2.1 Garages are permitted to be protected by residential sprinklers.
41
Ordinance No. 2586 N.C.S. Page 40
1 Revise Section 8.3.4 to read as follows:
2 NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open
3 attached porches, detached carports, and similar structures unless otherwise
4 required by the California Building or Fire Codes.
5
6 Add Section 8.3.5.2 to read as follows:
7 NFPA.13D.8.3.5.2 At least one quick- response intermediate temperature
8 residential sprinkler shall be installed above attic access openings.
9
10 Revise Section 11.2.1.1 to read as follows:
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12 NFPA13D.11.2.1.1 Where a fire department pumper connection is not provided, the
13 system shall be hydrostatically tested at not less than 200 psi without evidence of leakage for the
14 duration of the inspection.
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16 APPENDIX B - FIRE -FLOW REQUIREMENTS FOR BUILDINGS
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18 Section 8105.1 is amended to read as follows:
19
20 B105.1 - One- and Two - Family Dwellings. The minimum fire -flow requirements for
21 one- and two - family dwellings having a fire -flow calculation area which does not
22 exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute (5678.11
23 L /min). Fire -flow and flow duration for dwellings having a fire -flow calculation
24 area in excess of 3,600 square feet (344.5 m2) shall not be less than that specified
25 in Table B 105.1 of the 2013 California Fire Code.
26
27 Section B105.2 is amended to read as follows:
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29 B105.2 - Buildings Other Than One- and Two - Family Dwellings. The minimum fire -
30 flow and flow duration for buildings other than one- and two - family dwellings shall
31 be as specified in Table B105.1.
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33 Exceptions: A reduction in required fire -flow of up to fifty percent (50 %), as
34 approved, is allowed when the building is provided with an approved automatic
35 sprinkler system installed in accordance with other sections of this code. The
36 resulting fire -flow shall not be less than fifteen hundred gallons per minute (1,500
37 gpm) for the prescribed duration as specified in Table 13105.1.
38
39 APPENDIX C - FIRE HYDRANT LOCATIONS AND DISTRIBUTION
40
41 Section C105.1 is amended to read as follows:
Ordinance No. 2586 N.C.S. Page 41
I
2 C105.1 - Hydrant Spacing. The average spacing between fire hydrants shall not
3 exceed that listed in Table C105.1.
4
5 Exceptions: The Fire Chief is authorized to allow deviations from this section where
6 existing fire hydrants provide all or a portion of the required fire hydrant service.
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8 Table C105.1 of Appendix C: Footnotes (f) and (g) are added to read as follows:
9
10 (f) For commercial, industrial and multifamily residential dwellings, average
11 spacing shall be no greater than three hundred feet (300').
12
13 (g) A fire hydrant shall be located within fifty feet (50') of the FDC, or as
14 approved by the Fire Code Official.
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16 APPENDIX D - FIRE APPARATUS ACCESS ROADS
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18 Section D103.2 is amended to read as follows:
19
20 D103.2 - Grade. The grade of fire apparatus access roads shall be in
21 accordance with the City of Petaluma standards for public streets or as
22 approved by the Fire Chief.
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24 Section D103.3 is hereby amended to read as follows:
25
26 D103.3 - Turning Radius. The minimum turning radius shall be determined by the
27 Fire Code Official or as approved by local standards.
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29 Section D103.4 is amended to read as follows:
30
31 D103.4 - Dead Ends. Dead -end fire apparatus access roads in excess of one
32 hundred fifty feet (150') (45.720 m) shall be provided with width and turnaround
33 provisions in accordance with the local agency requirements for public streets or
34 as approved by local standards.
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36 Table D103.4 is deleted in its entirety.
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Ordinance No. 2586 N.C.S. Page 42
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Section D103.6 is amended to read as follows:
D103.6 - Signs. Where required by the Fire Code Official, fire apparatus access
roads shall be marked with permanent NO PARKING -FIRE LANE signs complying
with the California Vehicle Code and fire department standards.
Section D104.2 is amended to delete the exception and read as follows:
D104.2 - Buildings Exceeding 62,000 Square Feet in Area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5,760 m2) shall be
provided with two (2) separate and approved fire apparatus access roads.
Section D106.1 is amended to delete the exception and read as follows:
D106.1 - Projects Having More Than Fifty (50) Dwelling Units. Multiple - family
residential projects having more than fifty (50) dwelling units shall be provided
with two (2) separate and approved fire apparatus access roads.
Section D106.2 is hereby deleted.
Section D107.1 is amended to delete exceptions 1 and 2 and read as follows:
D107.1 - One- or Two - Family Dwelling Residential Developments. Developments
of one- and two - family dwellings where the number of dwelling units exceeds fifty
(50) shall be provided with two (2) separate and approved fire apparatus access
roads and shall meet the requirements of section D104.3.
SECTION 6: Section 17.20.060 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.060 - New Materials, Processes or Occupancies Which May Require Permits,
The City Manager, the Fire Chief and the Fire Code Official shall act as a
committee to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or occupancies for which
permits are required in addition to those now enumerated in this code. The Fire
Code Official shall post such list in a conspicuous place at the Fire Prevention
Bureau and distribute copies thereof to interested persons.
SECTION 7: If any part of this Ordinance is for any reason held to be
unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
decision will not affect the validity of the remaining parts of this Ordinance. The City
Ordinance No. 2586 N.C.S.
Page 43
1 Council of the City of Petaluma hereby declares that it would have passed and adopted
2 this Ordinance and each of its provisions irrespective of any part being held invalid.
3
4 SECTION 8: The City Council finds that this Ordinance is not subject to the
5 California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c) (2) of the
6 CEQA Guidelines because the activity has no potential for resulting in a direct or
7 reasonably foreseeable indirect physical change in the environment, and pursuant to
8 Section 15060(c) (3) of the CEQA Guidelines because the activity is not a project as
9 defined in Section 15378) of the CEQA Guidelines.
I
11 SECTION 9: This Ordinance will become effective thirty days after the date of its
12 adoption by the Petaluma City Council; however, the provisions of this Ordinance will not
13 become operative until January 1, 2017, at the same time that the 2016 Edition of the
14 California Building Standards Code takes effect
15
16 SECTION 10: In accordance with California Health and Safety Code Section
17 17958.7, the City Clerk is hereby directed to file this Ordinance and the attached findings
18 of fact with the California Building Standards Commission prior to the effective date of
19 this Ordinance specified above.
20
21 SECTION 12: The City Clerk is hereby directed to post and /or publish this
22 Ordinance or a synopsis for the period and in the manner required by the City Charter.
23
24 INTRODUCED and ordered fished /posted this 17th day of October, 2016.
25
26 ADOPTED this 7th day of November, 2016, by the following vote:
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28 Ayes: Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
29 Noes: None
30 Abstain: None
31 Absent: None
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36 C vid Glass, Mayor
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40 ATTEST: APPROVED AS TO FORM:
42
43'
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45 Claire Cooper, City Clerk Eric W. Danly, City Attornoy
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47
Ordinance No. 2586 N.C.S. Page 44
1 Exhibit A
2
3 FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
4 TO THE CALIFORNIA FIRE CODE, 2016 EDITION WITH CALIFORNIA
5 AMENDMENTS, DUE TO LOCAL CONDITIONS
6
7
8 CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health and
9 Safety Code, the governing body of the City of Petaluma in its Ordinance adopting and
10 amending the 2016 Edition of the California Fire Code, changes or modifies certain provisions of
11 the California Building Standards Code as it pertains to the regulation of buildings used for
12 human habitation. A copy of the text of such changes or modifications is attached.
13
14 FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
15 Safety Code, the governing body of the City of Petaluma has determined and finds that all the
16 attached changes or modifications are needed and are reasonably necessary because of local
17 climatic, geological and topographic conditions as discussed below.
18
19 LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
20 loss fires, (2) major earthquake damage and (3) the potential for life and property loss, making
21 the changes or modifications in the California Fire Code and the State Building Standards Code
22 necessary in order to provide a reasonable degree of property security and fire and life safety in
23 the City of Petaluma.
24
25 Below are adverse local climatic, geological and topographic conditions that necessitate the
26 modifications to the California Fire Code and California Building Standards Code.
27
28 CLIMATIC (a)
29 Precipitation: Precipitation ranges from twenty inches (20 ") to approximately twenty -five inches
30 (25 ") per year. Approximately ninety percent (90 %) falls during the months of November through
31 April and ten percent (10 %) from May through October. Severe flooding occurred during the
32 months of January and March, 1995 and in 1998 and 2006.
33
34 Relative Humidity: Humidity generally ranges from fifty percent (50 %) during daytime and eighty -
35 six percent (86%) at night. It drops to twenty percent (20 %) during the summer months and
36 occasionally drops lower during the months of September through November.
37
38 Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
39 summer highs are in the 78 -85 degree range.
40
Ordinance No. 2586 N.C.S. Page 45
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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
Ordinance No. 2586 N.C.S.
Page 46
1 these areas have slopes ranging from 15 - 30 %. As a basic rule of thumb, the rate of spread will
2 double as the slope percentage doubles, all other factors remaining the same.
3
4 The local vegetation further contributes to fire dangers in the City. Petaluma's semi -arid
5 Mediterranean -type climate produces vegetation similar to that of most of Sonoma County. In
6 the long periods of the year with little or no rain (April through October), this vegetation provides
7 ready fuel for fast - spreading wildfires.
8
9 Moreover, some of the structures in the City have combustible wood - shingle or shake roofs. This
10 very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
11 spread of fire to adjacent buildings.
12
13 GEOLOGICAL (c)
14 The above local topographic conditions enhance the magnitude, exposure, accessibility
15 problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
16 the potential of causing greater loss of life and damage than the earthquake itself.
17
18 The relatively young geological processes that have created the San Francisco Bay Area are still
19 active today. Two (2) active earthquake faults (San Andreas and Hayward- Rodgers Creek)
20 affect the Petaluma area. Approximately fifty percent (50 %) of the City's land surface is in the
21 high -to- moderate seismic hazard zones.
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23 The majority of the City's industrial complexes are located in the highest seismic risk zones. The
24 highest seismic risk zone also contains the largest concentration of hazardous materials.
25 Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest
26 number people, should a significant seismic event occur. The City's resources would have to be
27 prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller single -
28 dwellings and structures.
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30 Other variables that may intensify the fire danger after a major seismic event include:
31 • The extent of damage to the water system;
32 • The extent of isolation due to bridge and /or freeway overpass collapse;
33 • The extent of roadway damage and /or amount of debris blocking the roadways;
34 • Climatic conditions (hot, dry weather with high winds);
35 • Time of day, which will influence the amount of traffic on roadways and could intensify
36 the risk to life during normal business hours;
37 • The availability of timely mutual aid or assistance from neighboring departments, which
38 will likely have similar emergencies at the same time; and
39 • The large portion of dwellings with wood shingle roof coverings, which will increase the
40 likelihood of conflagrations.
Ordinance No. 2586 N.C.S. Page 47
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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
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.I3D.5.1.1.2.2
Chapter 80, NFPA.13D.5.1.1.2.4
Chapter 80, NFPA.13D.7.6
Chapter 80, NFPA.I3D.8.1.2.1
Chapter 80, NFPA.13D.8.3.4
Chapter 80, NFPA.13D.8.3.5.2
Chapter 80, NFPA.I3D.11.2.1.1
Local Climatic, Geologic and
Topographical Conditions
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
Ordinance No. 2586 N.C.S.
Page 48