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HomeMy WebLinkAboutOrdinance 2593 N.C.S. 12/19/20161 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 EFFECTIVE DATE OF ORDINANCE January 19, 2017 Introduced by Teresa Barrett ORDINANCE NO. 2593 N.C.S. Seconded by Kathy Miller AN ORDINANCE OF THE CITY OF PETALUMA AMENDING CHAPTERS 17.04 AND 17.24 OF THE PETALUMA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2016 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING: PART 1, 2016 CALIFORNIA ADMINISTRATIVE CODE; PART 2, 2016 CALIFORNIA BUILDING CODE; PART 2.5 CALIFORNIA RESIDENTIAL CODE; PART 3, 2016 CALIFORNIA ELECTRICAL CODE; PART 4 2016 CALIFORNIA MECHANICAL CODE; PART 5 2016 CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 8, 2016 CALIFORNIA HISTORICAL BUILDING CODE; PART 10, 2016 CALIFORNIA EXISTING BUILDING CODE; PART 11 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE; PART 12, 2016 CALIFORNIA REFERENCED STANDARDS CODE, AND LOCAL AMENDMENTS TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, AND THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1: REPEAL Section 17.04.010 entitled "Adoption of Uniform Codes," Section 17.04.020entitled "Amendments made in California Building Code," Section 17.24.020 entitled "Gates," and Section 17.24.080 entitled "Permit Required - Fee" of the Petaluma Municipal Code, all of which are contained in Title 17 entitled Building and Construction" are hereby repealed in their entirety. SECTION 2: FINDINGS The City Council of the City of Petaluma finds that in order to best protect the health, safety and welfare of the citizens of the City of Petaluma, the standards of building within the City should conform with state law (except where local climatic, geological, and topographic conditions warrant more restrictive regulations) through adoption of the current state building codes, contained in California Building Standards Code Title 24, and other uniform codes governing the construction and regulation of buildings and structures with the modifications and amendments contained herein. 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, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, and 12, are reasonably necessary because of the local climatic, geological or topographical conditions described in Exhibit A. Ordinance No. 2593 N.C.S. Page 1 1 SECTION 3: CURRENT BUILDING CODES ADOPTED 2 3 Section 17.04.010 of the Petaluma Municipal Code, entitled "Adoption of Uniform codes" is 4 hereby added to read as follows: 5 6 17.04.010: Adoption of Uniform Codes 7 8 Pursuant to Section 50022.2 of the California Government Code, the following codes are 9 adopted by reference, including the amendments listed in this chapter which are made 10 pursuant to the findings of fact set forth in the adopting ordinance. 11 12 A. Part 1 - 2016 California Administrative Code; 13 14 B. Part 2 - 2016 California Building Code based on the 2015 International Building Code, 15 including Chapters 31B (Public Swimming Pools), 33 (Safeguards During Construction) 16 and Appendix J in their entirety except as amended in Section 17.04.020; 17 18 C. Part 2.5 - 2016 California Residential Code based on the 2015 International Residential 19 Code including Appendix Chapters G (Swimming Pools and Hot Tubs) and K (Sound 20 Transmission) in their entirety except as amended in 17.04.020; 21 22 D. Part 3 - 2016 California Electrical Code based on the 2014 National Electrical Code; 23 24 E. Part 4 - 2016 California Mechanical Code based on the 2015 Uniform Mechanical Code 25 including Sections 101.0 through 118.1 of Chapter 1 inclusively (Administration); 26 27 F. Part 5 - 2016 California Plumbing Code based on the 2015 Uniform Plumbing Code 28 including Sections 101.1 through 103.1 of Chapter 1 inclusively (Administration); 29 30 G. Part 6 - 2016 California Energy Code; 31 32 H. Part 8 - 2016 California Historical Building Code; 33 34 I. Part 10 - 2016 California Existing Building Code based on the 2015 International Existing 35 Building Code; 36 37 J. Part 11 - 2016 California Green Building Standards Code at the Mandatory Level for all 38 Additions and Alterations and at the Tier one level for all Wholly New Construction with 39 the exception of Appendix A4 Divisions A4.2 Energy Efficiency and Appendix A5 and 40 Division A5.2 Energy Efficiency both of which are not adopted; 41 42 K. Part 12 - 2016 California Referenced Standards Code; 43 44 L. Part 13 - 2015 International Property Maintenance Code. 45 46 All references to permit fees in the codes to be adopted by reference are deleted pursuant to 47 the adopting ordinance prepared for this year's triennial building standards code adoption. Ordinance No. 2593 N.C.S. Page 2 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 Instead, the permit fees applicable in Petaluma will be fixed by the fee schedules adopted by the City Council via resolution. Section 17.04.020 of the Petaluma Municipal Code entitled "Amendments Made in California Building Code" is hereby added to read as follows: 17.04.020 Amendments Made in California Building Code Part 2 of the 2013 California Building Standards Code, California Building Code, as adopted in section 17.04.010, is hereby amended to include the following additions, amendments and deletions: Section 105.2 (1) is hereby amended to read as follows: 105.2 (1): One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than one hundred twenty square feet (120' sq.) (11 m2), there are no wall finishes such as, but not limited to, gypsum wallboard, plaster, stucco, or paneling placed on any interior surface of any wall and/or partition, and no electrical, mechanical or plumbing systems are contained within the structure. Section 115 is hereby amended to read as follows: 115: Stop Work Orders 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner that is contrary to the provisions of this code, without a permit, beyond the scope of the issued permit, in violation of the Petaluma Municipal Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 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. 115.3 Unlawful Continuance. 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. 115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop work order without written consent of the Building Official shall be guilty of a misdemeanor. Ordinance No. 2593 N.C.S. Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 115.5 Response Required. Violators receiving a stop work order are required to respond to the Building Division within two (2) business days of the issued notice to receive instructions on how to rescind the order. 115.6 Permit Application Required. A building permit application with construction or demolition plans and supporting (structural calculations, energy calculations, handicapped access) documents must be submitted for approval within fifteen (15) working days following response to the Building Division. Plans will be reviewed and correction letters issued or permit application approved within fifteen (15) working days of receipt by the Building Division. A response to any correction letter must be submitted within fifteen (15) working days of the date of the correction letter. Five (5) 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 building permit issuance. 115.7 Fee. An additional fee of five times the permit fee shall be added to each permit subject to a stop work order. 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 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 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. (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma fee schedule. Ordinance No. 2593 N.C.S. Page 4 1 2 Section 903.2 is amended to read as follows: 3 4 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures 5 shall be provided in locations described in this section. Additional local requirements are 6 described in Sections 903.2.1 through 903.2.19.1.2 and may supersede the following 7 requirements. The most restrictive requirement shall apply. 8 9 Section 903.2.20 is added to read as follows: 10 11 903.2.20 Local Fire Sprinkler System Requirements, 12 13 Section 903.2.20.1 is added to read as follows: 14 15 903.2.20.1 System Requirements. An approved automatic fire sprinkler system shall be installed 16 and maintained in all newly constructed buildings. 17 18 Exceptions: 19 201. Detached Group U occupancies one thousand square feet (1,000' sq.) or less. Agricultural 21 buildings and private riding arenas as approved by the Fire or Building Code Official. 22 232. Detached pool houses up to one thousand square feet (1,000' sq.) in floor area within fifty feet 24 (50') of the pool and limited to a single bathroom. 25 263. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M 27 occupancy. 28 294. A room above a detached garage used for storage only that does not contain a bathroom, 30 cooking or refrigeration facilities. 31 325. Detached carports of noncombustible construction with non -habitable spaces above. 33 346. Detached Group B or M occupancies five hundred square feet (500' sq.) or less. 35 36 Section 903.2.20.2 is added to read as follows: 37 38 903.2.20.2 Group R-3. An automatic sprinkler system installed in accordance with Section 39 903.3.1.3 shall be provided throughout all one- and two-family dwellings regardless of square 40 footage in accordance with the California Residential Code. Fire Sprinklers shall be installed in 41 all mobile homes, manufactured homes and multi -family manufactured homes with two or more 42 dwelling units in accordance with Title 25 of the California Code of Regulations. 43 44 Section 903.2.20.3 is added to read as follows: 45 46 903.2.20.3 Additions -Residential. Additions to existing residential buildings that increase the total 47 square footage of existing floor area by fifty percent (50%) or greater shall meet the Ordinance No. 2593 N.C.S. Page 5 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 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 additions taking place over a five (5) 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: 903.2.20.4 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: 903.2.20.6 Remodels, Alterations or Repairs -Commercial. For remodels, alterations and/or repairs to existing building(s) involving demolition, removal or repair of fifty percent (50%) or greater of the structure, the building shall meet the automatic fire sprinkler requirements for a newly constructed building. Exceptions: Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act. Section 903.2.20.7 is added to read: 903.2.20.7 Changes of Occupancy. When any change of occupancy occurs where the proposed new occupancy classification is more hazardous based on fire and life safety risks as determined by the Fire Code Official including, but not limited to, the conversion of residential buildings to condominiums, the building shall meet the fire sprinkler requirements for a newly constructed building. Section 903.2.20.8 is added to read: 903.2.20.8 Residential Conversions. Fire sprinkler systems shall be installed in all single-family dwellings that are converted to duplexes and/or multi -family dwellings, bed and breakfasts, inns, lodging houses or similar uses. Fire sprinkler systems shall be installed in all conversions of a detached garage into living space or sleeping space. Ordinance No. 2593 N.C.S. Page 6 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 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. f ;tom l�..IV r k,, .w�.DMwc. Ya `—~P.w[i19.YT�CYa•� /'� � �a ��yLSS.`1� 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. Ordinance No. 2593 N.C.S. 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 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 of the year that is six (6) years from the date of the water main installation. 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 Sprinklers (NFPA-13), no later than December 31 of the year that is twelve (12) years from the date of the water main installation. (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) . Ordinance No. 2593 N.C.S. 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 43 44 45 46 (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. 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. Ordinance No. 2593 N.C.S. Page 9 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 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. Section 905.3.1 is amended to read as follows: 905.3.1 Building Height. Class I standpipes shall be installed in buildings three (3) stories or over in height and/or if, in the opinion of the Fire Chief, a hazard or condition exists in which the installation of standpipes would improve firefighting operations. Standpipes will be provided with approved outlets provided on each floor level, including the roof when roof access is provided. Section 905.9 exception 2 is deleted. Section 907.8.5.1 is added to read as follows: 907.8.5.1 Fire Alarm Service Stickers/Tags. Upon completion of each annual fire alarm service, the fire alarm contractor providing the service shall affix a sticker or tag to the main fire alarm panel which indicates the name of the fire alarm company and the date of the service. Section 907.10 is added to read as follows: 907.10 False Fire Alarms. Owners of properties with a fire alarm system shall maintain the system in accordance with section 907.8. False alarm fees shall be assessed per the current adopted fee schedule. Section 1907.2 is hereby added to read as follows: 1907.2 Prohibited Concrete Reinforcement Materials. Welded wire fabric of any size or gauge shall not be used as concrete reinforcement of any concrete slab or flat work including, but not limited to, flooring, sidewalks, patios, driveways, foundation slabs, equipment slabs, and roadways. Appendix Chapter J is hereby modified by deleting J 103.2 Exception 1. Section 3109 is hereby modified to read as follows: 3109.4 Residential Swimming Pools Exception is deleted. Ordinance No. 2593 N.C.S. 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 43 44 45 46 47 3109.4.1 is modified in part to read: 3109.4.1 Barrier Height and Clearances. The top of the barrier shall not be less than 72 inches (1829 mm) above grade measured on the side of the barrier that faces away from the swimming pool. Amendments Made in Part 2.5 of the California Building Standards Code, Residential Code The California Residential Code, as adopted in section 17.04.010, is hereby amended to include the following additions, amendments and deletions: AGI 05.2 (1) is modified in part to read: 1. The top of the barrier shall not be less than 72 inches (1829 mm) above grade measured on the side of the barrier that faces away from the swimming pool. Section 17.24.020 of the Petaluma Municipal Code entitled "Gates" is hereby added to read as follows: 17.24.020 Gates. Every gate or door opening to a swimming pool enclosure, including gates or doors which provide access from breezeways and garages, and other auxiliary structures, shall be equipped with a self-closing and self -latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. Such latching shall be placed at least fifty four (54") inches above the ground level or otherwise made inaccessible to small children. Section 17.24.080 entitled "Permit Required - Fee" of the Petaluma Municipal Code is hereby added to read as follows: 17.24.080 Permit Required - Fee. No person, firm or corporation shall erect, construct, repair or move any fences or walls as required in this chapter without first obtaining a permit for such action from the Building Official. To obtain the permit, the applicant shall file an application in writing on a form furnished for that purpose by the building department. The fees for such permit shall be paid to the Building Official. SECTION 4: SEVERABILITY 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 Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each of its provisions irrespective of any part being held invalid. Ordinance No. 2593 N.C.S. Page 11 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 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 Clerk 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. INTRODUCED and ordered published/posted this 21 st day of November, 2016. ADOPTED this 19th day of December, 2016, by the following vote: Ayes: Albertson, Barrett, Healy, Vice Mayor King, Miller Noes: None Abstain: Mayor Glass Absent: Kearney ATTEST: Claire Cooper, City Clerk Dave King, Vice Mayor APPROVED AS TO Eric W. Danly, City Attor Ordinance No. 2593 N.C.S. Page 12 1 2 EXHIBIT A 3 4 CLIMACTIC 5 6 Precipitation: Precipitation ranges from twenty inches (20") to approximately twenty-five inches 7 (25") per year. Approximately ninety percent (90%) falls during the months of November through 8 April, and ten percent (10%) from May through October. Severe flooding occurred during the 9 months of January and March, 1995 and in 1998 and 2006. 10 11 Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and 12 eighty-six percent (86%) at night. It drops to twenty -percent (20%) during the summer months 13 and occasionally drops lower during the months of September through November. 14 15 Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average 16 summer highs are in the 78-85 degree range. 17 18 Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually 19 every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to 20 7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been 21 known to occur. 22 23 Soils: Much of Petaluma has "Adobe" type soil. This soil has very high clay content and is 24 extremely expansive. With Petaluma's dry summers and wet winters, the moisture content of the 25 soil varies greatly during the course of the year. This moisture content change causes 26 expansion/contraction of the clay soil. This expansion/contraction can place significant loads 27 on concrete slabs and foundation systems making some "standard" foundation 28 methods/materials inappropriate for the local conditions encountered. 29 30 TOPOGRAPHIC 31 32 The topographic environment of a community is primarily a combination of two (2) factors: the 33 area's physical geographic characteristics and the historic pattern of urban -suburban 34 development. These two (2) factors, alone and combined, create a mixture of environments 35 which ultimately determine the needs of the City of Petaluma's Building regulations. 36 37 The basic geographical boundaries of the City include hills to the south and west, and valley 38 floor in the central area and to the north and east. The Petaluma River bisects the City through 39 the central area. The City of Petaluma covers 13 square miles, including an urban population 40 estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills, valleys, and 41 ridges. 42 43 GEOLOGICAL 44 45 The relatively young geological processes that have created the San Francisco Bay Area are still 46 active today. Two (2) active earthquake faults (San Andreas and the Hayward -Rodgers Creek) 47 affect the Petaluma area. Approximately fifty percent (50%) of the City's land surface is in the Ordinance No. 2593 N.C.S. 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 high -to -moderate seismic hazard zones. 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 J 103.2 (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 II (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 clarify conflicting 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. Ordinance No. 2593 N.C.S. Page 14