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HomeMy WebLinkAboutStaff Report 4.A 12/19/2016DATE: TO: FROM: Agenda Item #4.A December 19, 2016 Honorable Mayor and Members of the City Council through City Manager Doug Hughes, Chief Building Official SUBJECT: Adoption of an Ordinance of the City of Petaluma Repealing Sections 17.04.010, and 17.04.020 of the Petaluma Municipal Code, entitled "Uniform Codes for Construction and Regulation of Buildings and Structures" and Adding a New Sections 17.04.010 and 17.04.020 Adopting by Reference the 2016 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, 12, Amendments Thereto Based on local Climatic, Geological _ and Topographic Conditions and the 2015 International Property Maintenance Code. RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance of the City of Petaluma Repealing Sections 17.04.010, and 17.04.020 of the Petaluma Municipal Code, entitled "Uniform Codes for Construction and Regulation of Buildings and Structures" and Adding a New Sections 17.04.010 and 17.04.020 Adopting by Reference the 2016 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, 12, Amendments Thereto Based on local Climatic, Geological and Topographic Conditions and the 2015 International Property Maintenance Code. BACKGROUND On November 21St, the City Council approved by a vote of 6 -0 with Mayor Glass absent, the first reading of an ordinance adopting the 2016 California State Building Codes with local amendments and the 2015 International Property Maintenance Code. FINANCIAL IMPACTS There are no direct fiscal impacts to the City resulting from the adoption of this Ordinance. ATTACHMENTS Proposed Ordinance I ORDINANCE NO. N.C.S. 2 3 4 Introduced by Seconded by 5 6 7 8 9 10 11 AN ORDINANCE OF THE CITY OF PETALUMA AMENDING CHAPTERS 17.04 AND 12 17.24 OF THE PETALUMA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2016 13 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING: 14 PART 1, 2016 CALIFORNIA ADMINISTRATIVE CODE; PART 2, 2016 CALIFORNIA 15 BUILDING CODE; PART 2.5 CALIFORNIA RESIDENTIAL CODE; PART 3, 2016 16 CALIFORNIA ELECTRICAL CODE; PART 4 2016 CALIFORNIA MECHANICAL 17 CODE; PART 5 2016 CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA 18 ENERGY CODE; PART 8, 2016 CALIFORNIA HISTORICAL BUILDING CODE; PART 19 10, 2016 CALIFORNIA EXISTING BUILDING CODE; PART 112016 CALIFORNIA 20 GREEN BUILDING STANDARDS CODE; PART 12, 2016 CALIFORNIA REFERENCED 21 STANDARDS CODE, AND LOCAL AMENDMENTS TO SPECIFIED PROVISIONS OF 22 THE CALIFORNIA BUILDING STANDARDS CODE, AND THE 2015 INTERNATIONAL 23 PROPERTY MAINTENANCE CODE 24 25 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 26 27 SECTION 1: REPEAL 28 29 Section 17.04.010 entitled " Adoption of Uniform Codes ",Section 17.04.020entitled 30 "Amendments made in California Building Code ", Section 17.24.020 entitled "Gates ", and 31 Section 17.24.080 entitled "Permit Required — Fee" of the Petaluma Municipal Code,all of 32 which are contained in Title 17 entitled Building and Construciton "are hereby repealed in 33 their entirety. 34 35 SECTION 2: FINDINGS 36 37 The City Council of the City of Petaluma finds that in order to best protect the health, 38 safety and welfare of the citizens of the City of Petaluma, the standards of building within 39 the City should conform with state law (except where local climatic, geological, and 40 topographic conditions warrant more restrictive regulations) thorugh adoption of the 41 current state building codes, contained in California Building Standards Code Title 24, and 42 other uniform codes governing the construction and regulation of buildings and structures 43 with the modifications and amendments contained herein. 44 45 Page 1 I Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the 2 factual findings set forth in "Exhibit A" attached hereto and incorporated herein by 3 reference, and finds that the amendments made in this ordinance to the California Building 4 Standards Code Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, and 12, are reasonably necessary 5 because of the local climatic, geological or topographical conditions described in Exhibit 6 A. 7 8 SECTION 3: CURRENT BUILDING CODES ADOPTED 9 10 Section 17.04.010 of the Petaluma Municipal Code, entitled "Adoption of Uniform codes" 11 is hereby added to read as follows: 12 13 17.04.010: Adoption of Uniform Codes 14 15 Pursuant to Section 50022.2 of the California Government Code, the following codes 16 are adopted by reference, including the amendments listed in this chapter which are made 17 pursuant to the findings of fact set forth in the adopting ordinance. 18 19 A. Part 1 -2016 California Administrative Code; 20 21 B. Part 2 -2016 California Building Code based on the 2015 hnternational Building 22 Code, including Chapters 31B (Public Swimming Pools), 33 (Safeguards During 23 Construction) and Appendix J in their entirety except as amended in Section 24 17.04.020; 25 C. Part 2.5 -2016 California Residential Code based on the 2015 International 26 Residential Code including Appendix Chapters G (Swimming Pools and Hot Tubs) 27 and K (Sound Transmission) in their entirety except as amended in 17.04.020; 28 D. Part 3 -2016 California Electrical Code based on the 2014 National Electrical 29 Code; 30 E. Part 4 -2016 California Mechanical Code based on the 2015 Uniform Mechanical 31 Code including Sections 101.0 through 118.1 of Chapter 1 inclusively 32 (Administration); 33 F. Part 5 -2016 California Plumbing Code based on the 2015 Uniform Plumbing 34 Code including Sections 101.1 through 103.1 of Chapter 1 inclusively 35 (Administration); 36 G. Part 6 -2016 California Energy Code; 37 H. Part 8 -2016 California Historical Building Code; 38 I. Part 10 -2016 California Existing Building Code based on the 2015 International 39 Existing Building Code; Page 2 I J. Part 11 -2016 California Green Building Standards Code at the Mandatory Level 2 for all Additions and Alterations and at the Tier one level for all Wholly New 3 Construction with the exception of Appendix A4 Divisions A4.2 Energy 4 Efficiency and Appendix A5 and Division A5.2 Energy Efficiency both of which 5 are not adopted; 6 K. Part 12 -2016 California Referenced Standards Code; 7 L. Part 13 -2015 International Property Maintenance Code. 8 All references to permit fees in the codes to be adopted by reference are deleted pursuant to 9 the adopting ordinance prepared for this year's triennial building standards code adoption. 10 Instead, the permit fees applicable in Petaluma will be fixed by the fee schedules adopted 11 by the City Council via resolution. 12 Section 17.04.020 of the Petaluma Municipal Code entitled "Amendments Made in 13 California Building Code" is hereby added to read as follows: 14 17.04.020 Amendments Made in California Building Code 15 16 Part 2 of the 2013 California Building Standards Code, California Building Code, as 17 adopted in section 17.04.010, is hereby amended to include the following additions, 18 amendments and deletions: 19 20 Section 105.2 (1) is hereby amended to read as follows: 21 22 105.2 (1): One -story detached accessory structures used as tool and storage sheds, 23 playhouses and similar uses, provided the floor area is not greater than one hundred twenty 24 square feet (120' sq.) (11 m2), there are no wall finishes such as, but not limited to, gypsum 25 wallboard, plaster, stucco, or paneling placed on any interior surface of any wall and /or 26 partition, and no electrical, mechanical or plumbing systems are contained within the 27 structure. 28 29 Section 115 is hereby amended to read as follows: 30 115: Stop Work Orders 31 115.1 Authority. Whenever the Building Official finds any work regulated by this code 32 being performed in a manner that is contrary to the provisions of this code, without a 33 permit, beyond the scope of the issued permit, in violation of the Petaluma Municipal Code 34 or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to issue a 35 stop work order. 36 115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible 37 location near the location where the work is being conducted. If the owner or owner's agent 38 is not on site at the time of posting, a notice advising the reasons for the stop work order Page 3 I issuance shall be hand delivered or hailed first -class to the owner of the property involved, 2 or to the owner's agent, or to the person doing the work. Upon issuance of a stop work 3 order, the cited work shall immediately cease. The stop work order shall state the reason for 4 the order, the conditions under which the cited work will be permitted to resume, and the 5 name and contact information of the official or agency issuing the order. 6 115.3 Unlawful Continuance. Any person who continues to engage in any work after 7 having been served with a stop work order, except such work as that person is directed to 8 perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor. 9 115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop 10 work order without written consent of the Building Official shall be guilty of a 11 misdemeanor. 12 115.5 Response Required. Violators receiving a stop work order are required to respond to 13 the Building Division within two (2) business days of the issued notice to receive 14 instructions on how to rescind the order. 15 115.6 Permit Application Required. A building permit application with construction or 16 demolition plans and supporting (structural calculations, energy calculations, handicapped 17 access) documents must be submitted for approval within fifteen (15) working days 18 following response to the Building Division. Plans will be reviewed and correction letters 19 issued or permit application approved within fifteen (15) working days of receipt by the 20 Building Division. A response to any correction letter must be submitted within fifteen (15) 21 working days of the date of the correction letter. Five (5) working days will be required to 22 review this second submission and a permit approved for issuance. Permits ready for 23 issuance must be issued within five (5) working days thereafter. All construction must be 24 inspected as work progresses and signed off by all (affected) departments within sixty (60) 25 days of building permit issuance. 26 115.7 Fee. An additional fee of five times the permit fee shall be added to each permit 27 subject to a stop work order. 28 CHAPTER 7 — FIRE RESISTANCE -RATED CONSTRUCTION 29 30 Section 706 is added to read as follows: 31 32 706 Repair of Breaches of Non -Rated Walls /Ceilings in Fire Zone 1. 33 Breaches, openings, holes or other broken wall and ceiling areas in buildings in 34 Fire Zone 1 (generally defined as the Downtown Business District) as defined in 35 Section 17.22 of the Petaluma Municipal Code shall be repaired, restored or 36 replaced when damaged, altered, breached, penetrated, removed or improperly 37 installed. Openings/breaches can be repaired with like material such as lath and 38 plaster, sheetrock, plywood or other reasonable barrier. The intent of this Section Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Section 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 funding, 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. (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. Page I Exceptions: 2 3 1. Detached Group U occupancies one thousand square feet (1,000' sq.) or less. 4 Agricultural buildings and private riding arenas as approved by the Fire or 5 Building Code Official. 6 7 2. Detached pool houses up to one thousand square feet (1,000' sq.) in floor area 8 within fifty feet (50') of the pool and limited to a single bathroom. 9 10 3. Detached non - combustible motor vehicle fuel dispensing canopies classified 11 as a Group M occupancy. 12 13 4. A room above a detached garage used for storage only that does not contain a 14 bathroom, cooking or refrigeration facilities. 15 16 5. Detached carports of noncombustible construction with non - habitable spaces 17 above. 18 19 6. Detached Group B or M occupancies five hundred square feet (500' sq.) or 20 less. 21 22 Section 903.2.20.2 is added to read as follows: 23 24 903.2.20.2 Group R -3. An automatic sprinkler system installed in accordance 25 with Section 903.3.1.3 shall be provided throughout all one- and two - family 26 dwellings regardless of square footage in accordance with the California 27 Residential Code. Fire Sprinklers shall be installed in all mobile homes, 28 manufactured homes and multi - family manufactured homes with two or more 29 dwelling units in accordance with Title 25 of the California Code of Regulations. 30 31 Section 903.2.20.3 is added to read as follows: 32 33 903.2.20.3 Additions - Residential. Additions to existing residential buildings that increase 34 the total square footage of existing floor area by fifty percent (50 %) or greater shall meet 35 the requirements for a newly constructed building. This requirement applies to the 36 cumulative effect on square footage of fifty percent (50 %) or greater as a result of additions 37 taking place over a five (5) year period involving one or more building permits. All 38 additions to residential buildings with an existing approved automatic sprinkler system 39 shall be required to extend the sprinkler system into the addition. Page 6 I Section 903.2.20.4 is added to read as follows: 2 3 903.2.20.4 Remodels, Repairs and /or Alterations. Residential remodels, 4 repairs and /or alterations, individually or any combination thereof, involving fifty 5 percent (50 %) or greater of square footage of the existing floor area shall meet the 6 requirements for a newly constructed building. This requirement applies to the 7 cumulative effect on square footage of fifty percent (50 %) or greater as a result of 8 remodels, repairs and /or alterations taking place over a five year period involving 9 one or more building permits. 10 11 Section 903.2.20.5 is added to read: 12 13 903.2.20.5 Additions - Commercial and Multi- Family Additions. Additions to 14 existing commercial buildings that increase the total square footage of existing 15 floor area by twenty -five percent (25 %) or greater shall meet the requirements for 16 a newly constructed building. All additions to commercial buildings with an 17 existing approved automatic sprinkler system shall be required to extend the 18 sprinklers into the addition. 19 20 Section 903.2.20.6 is added to read as follows: 21 22 903.2.20.6 Remodels, Alterations or Repairs- Commercial. For remodels, 23 alterations and/or repairs to existing building(s) involving demolition, removal or 24 repair of fifty percent (50 %) or greater of the structure, the building shall meet the 25 automatic fire sprir-Acler requirements for a newly constructed building. 26 27 Exceptions: Alterations or additions made solely for the purpose of complying 28 with the American's with Disabilities Act. 29 30 Section 903.2.20.7 is added to read: 31 32 903.2.20.7 Changes of Occupancy. When any change of occupancy occurs 33 where the proposed new occupancy classification is more hazardous based on fire 34 and life safety risks as determined by the Fire Code Official including, but not 35 limited to, the conversion of residential buildings to condominiums, the building 36 shall meet the fire sprinkler requirements for a newly constructed building. 37 38 Section 903.2.20.8 is added to read: 39 40 903.2.20.8 Residential Conversions. Fire sprinkler systems shall be installed in 41 all single - family dwellings that are converted to duplexes and /or multi- family 42 dwellings, bed and breakfasts, inns, lodging houses or similar uses. Fire sprinkler Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 systems shall be installed in all conversions of a detached garage into living space or sleeping space. Section 903.2.20.9 is added to read as follows: 903.2.20.9 Elevation of Existing Buildings. An automatic fire extinguishing system shall be installed throughout all existing buildings when the building is elevated to three (3) or more stories or more than thirty -five feet (35') in height, from grade to the exposed roof. Exceptions: An automatic fire - extinguishing system need not be provided when the area above thirty -five feet (35') is provided for aesthetic purposes only and is a non - habitable space. Section 903.2.20.10 is added to read: 903.2.20.10 Installation of Automatic Fire Sprinklers in Pre - Existing Buildings (Historic Downtown Business District). a) Geographic Boundary- Historic Downtown Business District: For the purposes of this section, the Historic Downtown Business District shall include all buildings located inside the geographic area generally formed by Kentucky Street to the west, Washington Street to the north, the Petaluma River to the east and B Street to the south. Also included in this section is 201 Washington Street (Phoenix Theater) and 132 Keller Street (formerly Tuttle Drug), as more particularly described in Figure 1003.2.12. frgwe 1003.2.12 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 b) Installation Requirements: An automatic sprinkler system conforming to the Standard for the Installation of Sprinkler Systems (NFPA -13) shall be installed in all existing buildings in the Historic Downtown Business District in accordance with the following criteria: (1) Kentucky Street and Western Avenue: a. In any building wherein a change of occupancy occurs. b. In any building or occupancy where the square footage of the building or occupancy is increased or alterations to the structure are made pursuant to Section 903.2.19.3, Section 903.2.19.4, Section 903.2.19.5, Section 903.2.19.6, Section 903.2.19.7 and Section 903.2.19.8 of this Ordinance. c. All buildings with basements or space below street grade used for storage, business or public use shall have automatic fire sprinklers installed within the basements or the below street grade areas no later than December 31, 2010. d. All buildings not meeting the criteria of (a) or (b) above shall have automatic fire sprinklers installed throughout the structure, including all public, private, storage and /or concealed spaces, as defined by the Standard for the Installation of Sprinkler Systems (NFPA -13) by no later than December 31, 2016. (2) Petaluma Boulevard North: Automatic fire sprinkler requirements shall not become effective until the City of Petaluma installs an appropriate sized water main and laterals to the curb lines similar to the main previously installed on Kentucky Street and Western Avenue. Upon notice by the City of such installation, an automatic sprinkler system conforming to the Standard for the Installation of Sprinkler Systems (NFPA -13) shall be installed according to the following criteria: 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 alternations 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. Page 9 I c. All buildings with basements or space below street grade used 2 for storage, business or public use shall have automatic fire 3 sprinklers installed within the basements or the below street 4 grade areas, no later than December 31 of the year that is six 5 (6) years from the date of the water main installation. 6 7 d. All buildings not meeting the criteria of (a) or (b) above shall 8 have automatic fire sprinklers installed throughout the 9 structure, including all public, private, storage and /or concealed 10 spaces, as defined by the Standard for the Installation of 11 Sprinklers (NFPA -13), no later than December 31 of the year 12 that is twelve (12) years from the date of the water main 13 installation. 14 15 (3) Property Owner's Responsibility for System Installation: 16 17 a. The Property Owner shall be responsible for installation of the 18 lateral service from the curb line into the building. This also 19 includes isolation, check or other valves or devices, as 20 applicable. 21 22 b. The Property Owner shall be responsible for the installation of 23 the automatic fire sprinkler system according to the Standard 24 for the Installation of Sprinkler Systems (NFPA -13). 25 26 (4) Plans and Specifications: Plans and Calculations (NFPA -13, Chapter 27 8) for the service lateral and fire sprinkler system shall be submitted to 28 and approved by the Fire Prevention Bureau prior to installation of 29 equipment and materials. 30 31 a. For the Kentucky Street installations that are required on or 32 before December 31, 2010 or December 31, 2016, all Plans and 33 Calculations for service lateral and sprinkler systems shall be 34 submitted no later than June 30, 2010 or June 30, 2016 35 respectively, with installation and approval of work to occur 36 prior to December 31, 2010 or December 31, 2016 37 respectively. 38 39 b. For Petaluma Boulevard North installations that occur in the 40 last year of the six (6) or twelve (12) year deadline (when 41 established) after the installation of the water main by the City 42 of Petaluma, Plans and Calculations shall be submitted in that Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. Section 903.3.1 is amended to read: 903.3.1 Design Criteria. Fire sprinkler systems installed in buildings of undetermined use shall be designed and installed to have a design density of .33 gallons per minute per square foot over a minimum design area of three thousand square feet (3,000' sq.). Where a subsequent occupancy change requires a system with greater capacity, it shall be the building owners' responsibility to upgrade the system to the required density and meet any additional requirements of the Fire Code at the time of such change. Section 903.3.7 is amended to read as follows: 903.3.7 Fire Department Connections. The location of fire department connections (FDC's) shall be 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 FDC's 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 Page 11 I Official may require one (1) exterior audible and visual device comiected to an 2 automatic fire sprinkler system in an approved location based on site specific 3 conditions. Such sprinkler water flow alarm devices shall be activated by water 4 flow equivalent to the flow of a single sprinkler of the smallest orifice size 5 installed in the system. Where a building fire alarm system is installed, actuation 6 of the automatic fire sprinkler system shall actuate the building fire alarm system. 7 8 Section 905.3.1 is amended to read as follows: 9 10 905.3.1 Building Height. Class I standpipes shall be installed in buildings three 11 (3) stories or over in height and /or if, in the opinion of the Fire Chief, a hazard or 12 condition exists in which the installation of standpipes would improve firefighting 13 operations. Standpipes will be provided with approved outlets provided on each 14 floor level, including the roof when roof access is provided. 15 16 Section 905.9 exception 2 is deleted. 17 18 Section 907.8.5.1 is added to read as follows: 19 20 907.8.5.1 Fire Alarm Service Stickers /Tags. Upon completion of each amlual 21 fire alarm service, the fire alarm contractor providing the service shall affix a 22 sticker or tag to the main fire alarm panel which indicates the name of the fire 23 alarm company and the date of the service. 24 25 Section 907.10 is added to read as follows: 26 27 907.10 False Fire Alarms. Owners of properties with a fire alarm system shall 28 maintain the system in accordance with section 907.8. False alarm fees shall be 29 assessed per the current adopted fee schedule. 30 31 Section 1907.2 is hereby added to read as follows: 32 1907.2 Prohibited Concrete Reinforcement Materials. Welded wire fabric of 33 any size or gauge shall not be used as concrete reinforcement of any concrete slab 34 or flat work including, but not limited to, flooring, sidewalks, patios, driveways, 35 foundation slabs, equipment slabs, and roadways. 36 Appendix Chapter J is hereby modified by deleting J103.2 Exception 1. 37 Section 3109 is hereby modified to read as follows: 38 3109.4 Residential Swimming Pools Exception is deleted. 39 Page 12 1 3109.4.1 is modified in part to read: 2 3109.4.1 Barrier Height and Clearances. The top of the barrier shall not be less 3 than 72 inches (1829 mm) above grade measured on the side of the barrier that 4 faces away from the swimming pool. 5 Amendments Made in Part 2.5 of the California Building Standards Code, 6 Residential Code The California Residential Code, as adopted in section 7 17.04.010, is hereby amended to include the following additions, amendments and 8 deletions: 9 10 AG105.2 (1) is modified in part to read: 11 1. The top of the barrier shall not be less than 72 inches (1829 mm) above grade 12 measured on the side of the barrier that faces away from the swimming pool. 13 Section 17.24.020 of the Petaluma Municipal Code entitled "Gates" is hereby 14 added to read as follows: 15 17.24.020 Gates. 16 Every gate or door opening to a swimming pool enclosure, including gates or doors 17 which provide access from breezeways and garages, and other auxiliary structures, 18 shall be equipped with a self - closing and self - latching device designed to keep, and 19 capable of keeping, such door or gate securely closed at all times when not in actual 20 use. Such latching shall be placed at least fifty four (54 ") inches above the ground 21 level or otherwise made inaccessible to small children. 22 Section 17.24.080 entitled "Permit Required — Fee" of the Petaluma Minicpal Code is 23 hereby added to read as follows: 24 17.24.080 Permit Required- Fee. 25 No person, firm or corporation shall erect, construct, repair or move any fences or 26 walls as required in this chapter without first obtaining a permit for such action from 27 the Building Official. To obtain the permit, the applicant shall file an application in 28 writing on a form furnished for that purpose by the building department. The fees for 29 such permit shall be paid to the Building Official. 30 SECTION 4: SEVERABILITY 31 32 If any part of this Ordinance is for any reason held to be unconstitutional, unlawful 33 or otherwise invalid by a court of competent jurisdiction, such decision will not 34 affect the validity of the remaining parts of this Ordinance. The City Council of the 35 City of Petaluma hereby declares that it would have passed and adopted this 36 Ordinance and each of its provisions irrespective of any part being held invalid. Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: CEQA COMPLIANCE The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) of the CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378) of the CEQA Guidelines. SECTION 6: EFFECTIVE DATE This Ordinance will become effective thirty days after the date of its adoption by the Petaluma City Council; however, the provisions of this Ordinance will not become operative until January 1, 2017, at the same time that the 2016 Edition of the California Building Standards Code takes effect. SECTION 7: PUBLICATION The City Cleric is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable law. SECTION 8: FILING WITH BUILDING STANDARDS COMMISSION In accordance with California Health and Safety Code Section 17958.7, the City Clerk is hereby directed to file this Ordinance and the attached findings of fact with the California Building Standards Commission prior to the effective date of this Ordinance specified above. Page 14 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 INTRODUCED and ordered posted /published this 2016. ADOPTED this day of AYES: NOES: ABSENT: ATTEST: Claire Cooper, City Clerk Page 15 day of 2016 by the following vote: David Glass, Mayor APPROVED AS TO FORM: Eric Danly, City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A CLIMACTIC Precipitation: Precipitation ranges from twenty inches (20 ") to approximately twenty -five inches (25 ") per year. Approximately ninety percent (90 %) falls during the months of November through April, and ten percent (10 %) from May through October. Severe flooding occurred during the months of January and March, 1995 and in 1998 and 2006. Relative Humidity: Humidity generally ranges from fifty percent (50 %) during daytime and eighty -six percent (86 %) at night. It drops to twenty - percent (20 %) during the summer months and occasionally drops lower during the'months of September through November. Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average summer highs are in the 78 -85 degree range. Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 -15 mph range, gusting to 7.4 -30 mph, particularly during the summer months. Extreme winds, up to 50 rnph, have been known to occur. Soils: Much of Petaluma has "Adobe" type soil. This soil has very high clay content and is extremely expansive. With Petaluma's dry summers and wet winters, the moisture content of the soil varies greatly during the course of the year. This moisture content change causes expansion/contraction of the clay soil. This expansion/contraction can place significant loads on concrete slabs and foundation systems making some "standard" foundation methodsfrnaterials inappropriate for the local conditions encountered. TOPOGRAPHIC The topographic environment of a community is primarily a combination of two (2) factors: the area's physical geographic characteristics and the historic pattern of urban - suburban development. These two (2) factors, alone and combined, create a mixture of enviromnents which ultimately determine the needs of the City of Petaluma's Building regulations. 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 13 square miles, including an urban population estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills, valleys, and ridges. GEOLOGICAL The relatively young geological processes that have created the San Francisco Bay Area are still active today. Two (2) active earthquake faults (San Andreas and the Hayward - Rodgers Creek) affect the Petaluma area. Approximately fifty percent (50 %) of the City's land surface is in the high -to- moderate seismic hazard zones. Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Many of the soils found throughout the City of Petaluma are highly expansive adobe type soils. The combination the highly expansive nature of these soils along with the long dry summers followed by a compressed rainy season create high stresses on building foundation systems, as such some simpler types of foundation systems are not adequate for these soils conditions. As there are no "isolated, self contained" areas within City limits, the Grading Permit exception J103.2 (1) was removed for clarity. PROCEDURAL CLARIFICATION Changes to the Stop Work Order section are made to more clearly explain the Stop Work Order process and to establish the penalties for violations of this section. DEFINITION CLARIFICATION Due to code enforcement problems in the past, the description of buildings not requiring permits was expanded to help clarify when permits are /are not required. CONTINUITY All the amendments to Chapters 7 and 9 of Part 1I (Building Code) of the California Building Standards Codes contained in this Ordinance are made so that they reflect amendments to Chapters 7 and 9 of Part 9 (Fire Code) of the California Building Standards Code made through a separate Ordinance adopted by the City Council.. Section 17.24 of the Petaluma Municipal Code has been amended to clarifyconflicting language. SUMMARY These local climatic conditions affect the pressures applied to concrete flatwork and foundations beyond the strength of welded wire fabric reinforcement material. The population and housing density increased the dangers of accidental drownings thus requiring the need to have taller swimming pool barriers. CONCLUSION The local climactic and geological conditions have necessitated these minor modifications to the Title 24 California Building Standards Codes. Page 17