HomeMy WebLinkAboutOrdinance 2291 N.C.S. 11/19/20071
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EFFECTIVE DATE
OF ORDINANCE
December 19, 2007
Introduced by
Mike O'Brien
ORDINANCE NO. 2291 N.C.S.
Seconded by
Teresa Barrett
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING CHAPTER 17.20 OF THE PETALUMA MUNICIPAL CODE
AND ADDING A NEW CHAPTER 17.20 ADOPTING THE CALIFORNIA BUILDING
STANDARDS CODE, TITLE 24, PART 9, 2007 CALIFORNIA FIRE CODE,
BASED ON THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Section 17.20 of the Petaluma Municipal Code, entitled "Fire Code," and
the underlying ordinances, are hereby repealed in their entirety.
SECTION 2. Pursuant to California Health and Safety Code section 17958.7, the City
Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated
herein by reference, and finds that the amendments made in this ordinance to the California
Building Standards Code, Title 24, Part 9, 2007 California Fire Code, based on the 2006 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, 2007 CALIFORNIA FIRE CODE, INCORPORATING THE 2006
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 Building Standards Code, Title 24,
Part 9, 2007 California Fire Code (CFC), incorporating the 2006 Edition of
the International Fire Code, including Appendix Chapters 1, 4, A, B, C, D,
E, F, G & H published by the International Code Council and the California
Building Standards Commission, being particularly the 2007 Edition CFC
and the whole thereof, save and except such portions as are hereinafter
deleted, added or amended by this chapter. Not less than one (1) copy
Ordinance No. 2291 N.C.S.
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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 17.20.020 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.020 Establishment of geographic limits of districts in which storage of liquefied
petroleum gases is to be restricted.
The limits referred to in Section 3804.2 of the California Fire Code, in which storage of
liquefied petroleum gas is restricted, are hereby established as being Fire Zone 1
(Reference PMC 17.22.010). (Ord. 2084 NCS § 1 (part), 1999: Ord. 1997 NCS § 1 (part),
1995.)
SECTION 5. Section 17.20.030 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.030 Establishment of limits of districts in which storage of explosives and blasting
agents is to be prohibited.
The limits referred to in Section 3304 of the California Fire Code, in which storage of
explosives and blasting agents is prohibited, are hereby established as follows: The limits
referred to in Section 3304 of the California Fire Code are established as being all areas
except M-G, general industrial districts as shown in the Petaluma zoning ordinance,
copies of which are on file in the office of the city clerk. (Ord. 2084 NCS § 1 (part), 1999:
Ord. 1997 NCS § 1 (part), 1995.)
SECTION 6. Section 17.20.040 of the Petaluma Municipal Code is hereby added to read
as follows:
17.20.040 Establishment of fire hazard severity zone(s) (FHSZ).
A. Limits related to Chapter 47 Requirements for Wildland-Urban Interface Fire Areas.
Chapter 47 shall apply to all real property with newly constructed buildings within the
City of Petaluma located within the fire hazard severity zone as designated by the
chief and the Fire Resources Assessment Program (FRAP) map published by Cal Fire.
A map of such areas is maintained in the office of the fire prevention bureau.
SECTION 7. 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 2007 California Fire Code:
1. Chapter 2 - DEFINITIONS
Section 202 is hereby amended to add the following definitions:
202 General Definitions.
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,
Ordinance No. 2291 N.C.S. Page 2
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California Code of Regulations, Subchapter 6, which are hereby incorporated by
reference.
fully-Sprinklered Building — Residential. Fully-sprinklered building - residential shall mean
the installation of automatic fire sprinklers in attics, garages, (attached or not) and other
unprotected spaces in addition to any other fire sprinkler system required for residential
structures.
Piccolo Pete Type Fireworks. Piccolo Pete -type fireworks are "safe and sane fireworks" as
defined in Health and Safety Code Section 12529 and 12562 and the relevant sections of
Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by
reference. "Piccolo Pete -type fireworks" are also known and sometimes referred to
and/or labeled as, and/or have substantially the same appearance and discharge
characteristics as, but are not limited to: "Piccolo Pete," "Whistle Pete," "Nice Siren,"
"Whistling Phantom," "Screaming Willy," and "Whistling Pete."
State Approved Fireworks. State -approved fireworks shall mean "safe and sane"
fireworks as defined in Health and Safety Code sections 12529 and 12562 and the
relevant sections of Title 19, California Code of Regulations, Subchapter 6, which are
hereby incorporated by reference. State -approved fireworks are also known, and
sometimes referred to as "safe and sane fireworks."
2. Chapter 3 - GENERAL PRECAUTIONS AGAINST FIRE
Section 304.4 is hereby added to read as follows:
304.4 Dumpsters and Containers - Non-combustible - Fire Zone 1. Dumpsters and
containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more,
located in the boundaries of Fire Zone 1 (generally defined as the downtown business
district) as defined in Section 17.22 of the Petaluma Municipal Code, shall be
noncombustible, and all lids/covers shall be secured and locked at all times, except
when disposing of rubbish/trash.
3. Chapter 5 - FIRE SERVICE FEATURES
Section 501.1 is hereby deleted and replaced to read as follows:
501.1 Scope. Fire service for buildings, structures and premises shall comply with this
chapter. This section applies to residential and commercial developments. Single
family residential projects in approved rural areas shall comply with the Fire Safe
Standards. Design and construction shall be in accordance with the following
sections, unless otherwise authorized by the fire code official in accordance with
Appendix Chapter 1, section 104.9 Alternative materials and methods.
Section 502.1 is hereby amended to read as follows:
FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a
fire station to a facility, building or portion thereof. This is a general term inclusive of
all other terms such as fire lane, public street, private street, parking lot lane and
access roadway. Public streets may be defined by the standards of the local
agency having jurisdiction over the project.
Ordinance No. 2291 N.C.S.
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FLOOR AREA. The floor area used for calculating the required fire flow shall be the
total floor area of all floor levels within the exterior walls of a structure that are
under the horizontal projection of the roof, except as modified in Section B 104.
Section 503.2.6 is hereby deleted and replaced to read as follows:
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
part of a fire apparatus access road, the bridge shall be constructed and
maintained in accordance with AASHTO Standard Specifications. Bridges and
elevated surfaces shall be designed for a live load sufficient to carry the imposed
loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
bridges when required by the fire code official. Where elevated surfaces designed
for emergency vehicle use are adjacent to surfaces which are not designed for
such use, approved barriers, approved signs or both shall be installed and
maintained when required by the fire code official.
Section 503.2.7.1 is hereby added to read as follows:
503.2.7.1 Grade Angles. The maximum allowable grade for driveways and roadways
used for fire apparatus access is 12%. Special allowances up to a maximum of 18% may
be granted with the approval of the Fire Marshal and City Engineer. For driveways not
required for fire apparatus access, provisions for increases in the grade can comply with
Article 20-41 1 of the Petaluma Zoning Ordinance.
Section 505.1 is hereby deleted and replaced to read as follows:
505.1 Address numbers. New buildings shall have approved illuminated address
numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4
inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
Exception: Rural residential buildings shall not be required to comply with this
section, provided such buildings have a form of building identification that has
been approved by the fire code official.
Section 508.3.1 is hereby added to read as follows:
508.3.1 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:
1500 GPM
Commercial, Industrial, Schools and Multi -family Residential:
2500 GPM
Ordinance No. 2291 N.C.S.
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Fire flows for single-family dwellings may be reduced to the minimum flow
as permitted by Appendix B so long as the building is fully fire sprinklered
and the residual pressure shall be a minimum of twenty (20) pounds per
square inch available for firefighting.
Exception: Some existing mains are old and sub -standard. The City
Engineer and Fire Marshal shall determine the fire flows for these mains on
a site -by -site basis.
Section 508.5.1 is hereby deleted and replaced to read as follows:
508.5.1 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 508.5.1.1 is hereby added to read as follows:
508.5.1.1 Additional Requirements.
1. Upon review of site conditions by the Fire Department, fire hydrant spacing
requirements may be reduced or modified. Fire hydrants shall be placed along all
adjoining public and private streets and Fire Department access drives.
2. 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.
3. Types of Hydrants - Hydrants shall conform to the City of Petaluma Sewer and Water
Design and Construction Standards.
4. Chapter 7 - FIRE -RESISTANCE -RATED CONSTRUCTION
Section 705 is hereby added to read as follows:
705 Repair of Breaches of Non -Rated Walls/Ceilings in Fire Zone 1. Breaches, openings,
holes or other broken wall and ceiling areas in buildings in Fire Zone 1 (generally defined
as the downtown business district) as defined in Section 17.22 of the Petaluma Municipal
Code shall be repaired, restored or replaced when damaged, altered, breached,
penetrated, removed or improperly installed. Openings/breaches can be repaired with
like material such as lath and plaster, sheetrock, plywood or other reasonable barrier. The
intent of this section is to close openings/breaches to limit the spread of fire and products
of combustion in the downtown business district.
5. Chapter 9 - FIRE PROTECTION SYSTEMS
Section 903.2. is hereby deleted and replaced to read as follows:
903.2 Where Required. An automatic sprinkler system shall be installed and maintained in
all newly constructed buildings.
Ordinance No. 2291 N.C.S. Page 5
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Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less. Agricultural buildings and private
riding arenas as approved by the fire code official.
2. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and
limited to a single bathroom.
3. A room above a detached garage used for storage only that does not contain a
bathroom, cooking or refrigeration facilities or connections for such facilities.
4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a
Group M occupancy.
5. Car ports of non-combustible construction.
6. B or M occupancies 500 sq. ft. or less.
Section 903.2.1 is hereby deleted and replaced to read as follows:
903.2.1 Additions. Additions to existing commercial buildings that increase square feet
(based on the following percentages) calculated by the existing gross floor area shall
meet the requirements for a newly constructed building:
0-1000 sq. ft.: 200% (or 2000 sq ft. maximum cumulative total)
100 1 -4000 sq. ft.: 100%
>=4001 sq. ft.: 50%
Sections 903.2.1.1 through 903.2.1.5 are hereby deleted
Section 903.2.2. is hereby deleted and replaced to read as follows:
903.2.2 Alteration or Repairs. For alterations or repairs to existing building(s) involving
demolition, removal, or repair due to fire damage of more than 50% of the structure, the
building shall meet the requirements for a newly constructed building.
Exceptions:
1. One time alterations or additions made solely for the purpose of complying with the
Americans with Disabilities Act.
Sections 903.2.3 through 903.2.3.1 are hereby deleted and replaced to read as follows:
903.2.3 Residential Conversions and Additions. Fire sprinkler systems shall be installed in all
single-family dwellings that are converted to duplexes and/or multi -family dwellings, bed
and breakfasts, inns, lodging houses, or similar uses. All additions to residences with an
existing sprinkler system shall require the extension of the sprinkler system into the
addition. Existing residences in which an addition occurs and no fire sprinkler system has
been previously installed will not require installation of a sprinkler system in either the
existing structure or the addition.
Sections 903.2.4 through 903.2.4.3 are hereby deleted and replaced to read as follows:
Ordinance No. 2291 N.C.S.
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903.2.4 Changes of Occupancy. For any change of occupancy when the proposed new
occupancy classification is more hazardous based on life and fire risk, as determined by
the Fire Code Official, including the conversion of residential buildings to condominiums,
the building shall meet the requirements for a newly constructed building.
Sections 903.2.5 through 903.2.5.1 are hereby deleted and replaced to read as follows:
903.2.5 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 3000 square feet. 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.
Sections 903.2.6 through 903.2.6.1 are hereby deleted and replaced to read as follows:
903.2.6 Residential Fire Extinguishing System - Fully sprinklered. Requirements. Full sprinkler
systems are required in all newly constructed single-family dwellings that meet any one of
the following conditions (see definition, Section 202, Fully-Sprinklered Building —
Residential). The buildings:
1. Have fire flows of 1000 GPM or less where the residual pressure is 20 PSI or less.
2. Are three or more stories in height.
3. Are located at elevations or in areas where the water supply does not meet fire flow
requirements as determined by the fire chief.
4. Are located more than 150 feet from an approved all weather emergency vehicle
access.
5. Are located where access is hampered by insufficient road widths, excessive grades,
lack of adequate turnarounds, or other conditions which would impede or delay
emergency response vehicles.
6. In the opinion of the chief, create an increased hazard or contain conditions that will
hamper the ability of fire suppression crews to adequately suppress a fire and/or
affect firefighter safety.
Section 903.2.7 is hereby deleted and replaced to read as follows:
903.2.7 Installation of Automatic Fire Sprinklers in Pre-existing Buildings- Historic
Downtown Business District.
A. Geographic Boundary- Historic Downtown District:
For the purposes of this section, the Historic Downtown Business District shall include all
buildings located inside the geographic area generally formed by Kentucky Street to
the west, Washington Street to the north, the Petaluma River to the east, and B Street
to the south. Also included in this section is 201 Washington Street (Phoenix Theater)
and 132 Keller Street (formerly Tuttle Drug), as more particularly described in Figure
1003.2.12.
Ordinance No. 2291 N.C.S.
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"•ail
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i
figure 1003.2.12
B. Installation Requirements:
An automatic sprinkler system conforming to the Standard for the Installation of
Sprinkler Systems (NFPA13) shall be installed in all existing buildings in the Historic
Downtown Business District in accordance with the following criteria:
(1) Kentucky Street and Western Avenue:
a. In any building wherein a change of occupancy occurs.
b. In any building or occupancy where the square footage of the building or
occupancy is increased in area by greater than or equal to 25% of the
building's or occupancy's existing square footage.
c. All buildings with basement or space below street grade used for storage,
business, or public use shall have automatic fire sprinklers installed within the
basements or the below street grade areas no later than December 31, 2010.
d. All buildings not meeting the criteria of 'a' or 'b' above shall have automatic
fire sprinklers installed throughout the structure, including all public, private,
storage and/or concealed spaces, as defined by the Standard for the
Installation of Sprinkler Systems (NFPA13) by no later than December 31, 2016.
(2) Petaluma Boulevard North:
Automatic fire sprinkler requirements shall not become effective until the City of
Petaluma installs an 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.
Ordinance No. 2291 N.C.S.
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b. In any building or occupancy where the square footage of the building or
occupancy is increased in area by greater than or equal to 25% of the
building's or occupancy's existing square footage.
c. All buildings with basement 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, 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, twelve (12)
years from the date of the water main installation.
C. Property Owner's Responsibility for System Installation:
(1) 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.
(2) 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).
D. 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.
(1) 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.
(2) 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, with installation and approval of work to occur
prior to December 31 of that last year.
Sections 903.2.8 through 903.2.12.2 are hereby deleted.
Section 903.3 is hereby deleted and replaced to read as follows:
903.3 Installation requirements. Sprinkler systems shall be installed in accordance with
NFPA 13, NFPA 13R if approved by the Fire Code Official and NFPA 13D.
Section 903.4 is hereby deleted and replaced to read as follows:
Ordinance No. 2291 N.C.S.
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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, 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 905.3.1 is hereby deleted and replaced to read as follows:
905.3.1 Building height. Class I standpipes shall be installed in buildings three stories or
over in height and/or if, in the opinion of the 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 907.2.8.3 is hereby amended as follows: all wording after "as required by section
907.2.10." is hereby deleted
Section 907.2.10.1.2.1 is hereby added to read as follows:
907.2.10.1.2.1 Smoke Alarms - Sale of Property. No person or persons shall buy or
otherwise receive legal or equitable title in real property or permit a change of tenancy
in owned real property improved with one or more dwellings or apartments capable of
human habitation unless there is installed therein one or more smoke alarms, listed by
Underwriter's Laboratories or a similar testing organization and listed by the State Fire
Marshal. Such devices shall be installed in the same locations required by the Building
Code for new structures, and may be powered by battery, house current or any means
authorized for such devices.
Every person who buys or who permits a change of tenancy in owned residential real
property as described herein shall certify, by declaration made under penalty of perjury,
that this section has been complied with and the detector or detectors required by this
section has or have been installed in and are operational in said dwelling, to the
standards set out herein.
6. Chapter 33 - EXPLOSIVES AND FIREWORKS
Section 3309 is hereby added to read as follows:
3309 Fireworks. Except as hereinafter provided, it shall be unlawful for any person to
possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks;
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,
so as not to be hazardous to property or endanger any person.
Section 3309.1 is hereby added to read as follows:
3309.1 State approved Fireworks. The sale of state approved fireworks shall begin no
earlier than noon on June 28th and shall not continue after 9:00 p.m. on July 4th of the
Ordinance No. 2291 N.C.S. Page 10
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same year. On June 28th, the sale of fireworks shall be permitted only from noon to 9:00
p.m., and from 8:00 a.m. to 9:00 p.m. daily on June 29th through July 4th. Sale, possession
and discharge of state approved fireworks shall be in compliance with all other
applicable state and local regulations.
Section 3309.2 is hereby added to read as follows:
3309.2 Fireworks — Conditions of Sales.
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.
2. 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
during the period beginning at noon on June 28th and ending at 9:00 p.m. on July
4th. On June 28th, the sale of fireworks shall be permitted only from noon to 9:00 p.m.,
and from 8:00 a.m. to 9:00 p.m. daily on June 29th through July 4th. Pyrotechnic
displays may deviate from these restrictions subject to applicable provisions of the
California Health and Safety Code, and provided they are approved by the Fire
Chief or his designated representative.
3. Permit Required.
No person, firm, corporation, association, or organization shall sell fireworks within the
City without first having obtained a permit therefore. Issuance of the permit shall fulfill
all municipal licensing requirements and fire safety conditions outlined by the Fire
Department. All permit applications shall be received in the Fire Marshal's office by
no later than the last day of May each year. No person, firm, corporation, association
or other organization, other than the permittee shall operate the booth for which the
permit is issued or share or otherwise participate in the profits of the operation of such
booth.
In addition to any fees established by resolution of the City Council for permit
application, processing, inspection and/or business licenses for any wholesale or retail
sales of state approved fireworks, any applicant for a permit for wholesale sales of
state approved fireworks shall pay a non-refundable "Public Education and
Compliance" fee, in an amount to be established by resolution of the City Council, to
cover the City's costs for enhanced public education and enforcement of the
regulations governing state approved fireworks set forth in this section.
4. Information Required on Permit. Each applicant for such permit shall file a written
application with the Bureau of Fire Prevention showing the following information:
a. Name and address of applicant.
b. Location where the applicant proposes to sell fireworks.
Ordinance No. 2291 N.C.S.
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c. Places of storage for fireworks.
d. Evidence that applicant meets the criteria as specified in this section and other
ordinances.
5. Organization(s) Authorized to Sell.
No permit to sell state approved fireworks shall be issued to any person except the
following.
a. Nonprofit organizations, corporations, or local community service associations
organized primarily for veteran, patriotic, welfare, civic betterment, or charitable
purposes, which can demonstrate that a majority of their financial resources and
manpower are donated to projects of benefit to the total community within the
city limits of Petaluma.
b. Any person, organization or entity which sold fireworks for -profit in the city of
Petaluma for three or more consecutive years, including and prior to the 1997
fireworks sales period, shall be entitled (grandfathered) to apply and obtain a
permit for each year after the 1997 fireworks sales season. Those for -profit entities
who qualify shall be allowed to continue to obtain a fireworks sale permit until, by
attrition, they discontinue selling fireworks and/or do not apply and obtain a
permit to sell in each consecutive year following the year 1997. For -profit entities
who are grandfathered shall not be allowed to transfer, sell, or otherwise give
their right to sell fireworks to any individual, organization or entity not previously
named on their fireworks permit applications on or before 1997.
6. Determination of Eligibility by Fire Chief — Right of Appeal.
The Fire Chief shall make a determination as to which organizations meet the criteria
specified in Section 5. Any aggrieved applicant may appeal the decision of the Fire
Chief within seven (7) days to the City Manager. The decision of the City Manager
shall be a final decision, appealable to the City Council within seven (7) days of the
decision.
7. Maximum Number of Permits to Sell.
The maximum number of permits to sell safe and sane fireworks, which may be issued
during any one calendar year, shall not exceed one permit for each 2500 residents of
the City, or fraction thereof, based on the most recent figure designated by the State
Department of Finance as the City's population (hereafter known as the CAP). If the
number of applications received up to and including the last day of May of each
year exceeds the number of permits to be issued, the permittees during the
preceding year shall have first priority for the available permits. If there are any
additional permits available, the Fire Marshal shall forward a list of applicants, who
were not permittees the preceding year, to the City Clerk who shall, not later than on
the 5th day of June, supervise an impartial drawing to determine an order of priority
for each application. Upon such determination, the City Clerk shall forward to the Fire
Marshal a list of applications, numbered in order of priority drawn for investigation
and issuance. Permits may be issued in order of priority drawn to those on the list until
the CAP is reached.
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8. Total Number of Booths Permitted for an Entity, Organization, or Group.
Fireworks sales permittees shall be limited to one booth per entity, organization,
and/or group (applicant). The purpose of limiting booths to one per applicant is to
allow a maximum number of entities, organizations, or groups to participate in
fireworks sales.
If the total number of permit applications received is not in excess of the CAP based
on the population ratio, an applicant may petition the Fire Marshal to set up an
additional booth, but not to exceed a total of two per applicant.
If the number of applications for multiple booths received up to and including the last
day of May of each year exceeds the number of permits to be issued, the Fire
Marshal shall forward a list of applicants who are requesting a second booth to the
City Clerk who shall, not later than on the 5th day of June, supervise an impartial
drawing to determine an order of priority for each application. Upon such
determination, the City Clerk shall forward to the Fire Marshal a list of applications,
numbered in order of priority as drawn. Additional booths and permits will be
awarded to each applicant in order of priority drawn until the Cap is reached.
Multiple booth permits shall be given for that year only. The process for awarding
additional booths per applicant shall begin anew each year and will be available
based on the Cap.
Any person, organization, or entity which sold fireworks in the City of Petaluma for
three or more consecutive years, up to and including 1997, and had previously
obtained multiple booth permits per applicant, shall be entitled (grandfathered) to
apply for the same number of booths as they had in the previous three years. These
applicants shall be allowed to continue to operate multiple booths until such time as
they discontinue selling fireworks and/or do not apply for and obtain a permit in each
consecutive year following 1997. Entities that discontinue fireworks sales and/or do
not obtain a permit each consecutive year shall be deemed to have forfeited the
right to multiple booths per applicant.
9. 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 coverage of at least
$300,000.00/500,000.00, a policy of property damage insurance with coverage of at
least $300,000.00 on a certificate showing the amounts of insurance. The City, its
officers, employees, and agents shall be named as additional insured on such
insurance policy or certificate.
10. Fireworks Booth — Restrictions on Sales.
a. No booth shall be located within 25 feet of combustible buildings and/or building
openings (windows or doors) or within 50 feet of any flammable storage. Location
of booths is contingent upon receipt of approval from the Fire Chief or his
designated representative.
b. No booth shall have a floor area in excess of 750 square feet. All booths in excess
of 20 feet in length must have two exits. Larger booths must have an exit for every
20 feet of length located 20 feet apart.
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c. All weeds and combustible materials shall be cleared in and around booth for a
distance of at least 20 feet.
d. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed
within any fireworks booth.
e. 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 permittee 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.
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.
g. All litter shall be removed on a daily basis.
h. The booth shall be removed from the temporary location and all litter shall be
removed by noon on July 8th.
i. 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.
Approved banners or other barricades to prohibit parking within 20 feet of the
booth shall be provided.
k. No electrical devices or open flames are permitted within any booth.
Signs must be posted on each booth stating "No fireworks permitted in the
unincorporated areas of the County."
m. No person shall knowingly sell fireworks to any person under eighteen (18) years
of age. Proof that the fireworks booth permittee demanded, was shown, and
acted in reliance upon, bona fide evidence of age and identity in any sale of
fireworks prohibited by this section shall be a defense to any proceedings for
suspension or revocation of the permittee's state approved fireworks permit or a
criminal proceeding against the permittee for violations of this section. For
purposes of this section bona fide evidence of age and identity of purchaser shall
mean a document issued by a federal, state, county or municipal government
which contains a photograph and date of birth of the purchaser including, but
not limited to, a valid California Driver's License, or Identification Card issued to a
member of the Armed Forces. Signs shall be posted in conspicuous places on
and in the booth indicating "No Fireworks Sales to Persons Under the Age of 18 -
I.D. Required."
n. 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.
o. 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
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under the supervision of the Fire Chief who shall require that the fireworks booth
be constructed in a manner which will reasonably insure the safety of attendants
and patrons.
p. Each fireworks booth shall be provided with a minimum of one model 2AB10BC
fire extinguisher, in good working order and easily accessible for use in case of
fire.
q. No person shall smoke within twenty-five (25) feet 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 (50) feet of any state approved
fireworks booth.
11. Limitations on Places and Hours of Discharge.
a. It shall be unlawful for any person to discharge any state approved fireworks
except during the hours of noon to 10:00 p.m. on June 28th and 8:00 a.m. to 10:00
p.m. on the other days on which state approved fireworks may be sold, except
on July 4th when state approved fireworks may be discharged from 8:00 a.m. to
midnight.
b. 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 (10) feet of any residence, dwelling or
other structure listed as a place of habitation by human beings.
c. The use of state approved fireworks in the City of Petaluma 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.
d. Any person who discharges 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 30 minutes or immersed in water before discarding to a trash receptacle.
e. No fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZ) of the
City, as established and approved by the Petaluma Fire Department with the
assistance of the California Department of Forestry and Fire Protection and within
the boundaries set forth on the FHSZ map approved by the City Council kept on
file in the Fire Marshal's Office. All fireworks booths shall post a notice of such
fireworks ban and a map designating the FHSZ restrictions, in the form provided
by the Fire Marshal's office. Booth operators shall advise persons purchasing state
Ordinance No. 2291 N.C.S. Page 15
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approved fireworks to review the notice and map and advise them of the
fireworks restrictions in the FHSZ.
Supervision of minors. It shall be unlawful for any person having the care, custody
or control of a minor (under 18 years of age) to permit such minor to discharge,
explode, fire or set off any dangerous, illegal fireworks at any time, or to permit
such minor to discharge or set off any state approved fireworks unless such minor
does so under the direct supervision of a person over eighteen (18) years of age
and during the hours and on the day permitted by this section.
12. Any permit issued under this section may be revoked by the Fire Chief in case of any
violation of this section or any terms or conditions of the permit. The City Council may
revoke said permit(s) and prohibit fireworks sales at such time as it deems necessary
to protect the health, safety and welfare of the citizens of the City of Petaluma.
Section 3309.3 is hereby added to read as follows:
3309.3 Storage of fireworks. The storage and use of fireworks inside buildings is prohibited.
Exception: State approved fireworks purchased by the public for individual or family use.
Section 3309.3.1 is hereby added to read as follows:
3309.3.1 Storage of safe and sane fireworks -Retail. The storage of state approved
fireworks by those conducting retail sales shall be in a non-combustible container or
magazine as approved by the Fire Marshal. The location of said storage shall be within
the City limits of Petaluma and be approved by the Fire Marshal.
Section 3309.3.2 is hereby added to read as follows:
3309.3.2 Prohibition against modification and discharge of state -approved fireworks. No
person shall modify, tamper with, disassemble, rearrange and/or combine the contents
or original packaging of any state -approved firework, nor in any way remove the original
packaging labels.
Section 3309.3.2.1 is hereby added to read as follows:
3309.3.2.1 Prohibition against possession, use, display or discharge of modified state -
approved fireworks. No person shall possess, use, display, discharge or explode any
state -approved firework that has been tampered with, disassembled and/or rearranged,
nor shall any person possess, use, display, discharge, explode or combine the contents of
multiple state -approved fireworks, or combine, tape or change the originally intended
purpose of state -approved fireworks.
Section 3309.2.2 is hereby added to read as follows:
3309.2.2 General prohibition against possession, sale or use of fireworks. Except as
otherwise provided in this chapter, no person shall possess, sell, use, display, discharge or
explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane wire core
sparkler, wooden core sparkler, black cartridge, or other combustible device or explosive
substance, or any kind of fireworks or dangerous fireworks by whatsoever name known
within the City of Petaluma.
Ordinance No. 2291 N.C.S. Page 16
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Section 3309.3.2.2 is hereby added to read as follows:
3309.3.2.2 Prohibition Against Sale and Discharge of Piccolo Pete -type Fireworks.
A. Notwithstanding the provisions of Section 3309.2, no person shall sell, use, distribute,
give away or discharge, at any time, on any day, any "Piccolo Pete -type firework"
or any firework having substantially the same appearance and discharge
characteristics as any of these. Additionally, any retail sale, gift, or donation of any
"Piccolo Pete -type firework" (or any firework having substantially the same
appearance and discharge characteristics as any of these) shall be a violation of
this section.
Except as otherwise provided herein, it shall be lawful for any person to possess
and/or transport any "Piccolo Pete -type firework" within the City of Petaluma.
C. This section shall not apply to persons, businesses or entities licensed by the State Fire
Marshal as a wholesaler and/or import/export concern to legally possess or sell
fireworks, including those prohibited by this section, within the City for the primary
purpose of sale and distribution outside the City.
7. Chapter 47 - REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Section 4707.1 is hereby added to read as follows:
4707.1 Defensible Space means the area within the perimeter of a parcel or
development where FHSZ protection practices are 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 defensible space of thirty feet (30') around all structures, either manmade or
natural, in which material capable of allowing fire to spread unchecked must be
cleared, treated or modified to slow the rate and intensity of an approaching
wildfire.
2. A ten -foot firebreak on each side of hillside roads or driveways used for emergency
access; such firebreaks may be landscaped with fire resistive vegetation.
3. Where required, fire breaks and/or disked trails up to thirty feet wide shall be identified
on the plan and maintained throughout the fire season; the location of such
breaks/trails shall be approved by the fire code official.
4. Other fire protection measures based on best management practices for wildfire
exposure protection as required by the fire code official.
Ordinance No. 2291 N.C.S. Page 17
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Section 4708.1.3 is hereby deleted and replaced to read as follows:
4708.1.3 Applicability. New buildings for which a building permit is submitted on or after
January 1, 2008, that are located within any Moderate, High or Very High Fire Severity
Zone as designated by the Director of Cal Fire or in any Moderate, High or Very High Fire
Severity Zone as identified by the FHSZ map as defined in Section 17.20.040 of the
Petaluma Municipal Fire code shall comply with the following sections:
Section 4707 California Fire Code Defensible Space (moderate, high, very high).
2. Section 4710.1 California Fire Code and Section 704.A1, 2007 California Building
Code - Roofing (moderate, high, very high).
3. Section 4710.2 California Fire Code and Section 704.A2, 2007 California Building Code
- Attic Ventilation (moderate, high, very high).
4. Section 704A.3 2007 California Building Code - Exterior Walls (moderate, high, very
high).
5. Section704.A4 - Decking, floor and under floor protection (high, very high).
6. Section 704.A4.2 - Underfloor and appendages protection (high, very high).
Section 4713 is hereby added read as follows:
4713 Ancillary buildings and structures. When required by the enforcing agency,
ancillary buildings and structures and detached accessory structures shall comply with
the provisions of this chapter.
8. APPENDIX CHAPTER 1
Section 105.6.11.1 is hereby 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 seven or more children.
Section 105.6.24.1 is hereby added to read as follows:
105.6.24.1 Institutional Occupancy. An operational permit is required to operate an
institutional occupancy, except a day care facility.
Section 105.6.39.1 is hereby added to read as follows:
105.6.39.1 Retail Sales of Fireworks. A operational permit to engage in the sales or
distribution of state approved fireworks is required.
Section 105.7.4.1 is hereby added to read as follows:
105.7.4.1 Fixed Extinguishing System. A construction permit is required for the installation
of or modification to fixed extinguishing systems including but not limited to cooking,
protection of computers or other high value items or systems other than fire sprinklers.
Section 105.7.9.1 is hereby added to read as follows:
Ordinance No. 2291 N.C.S.
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105.7.9.1 Medical Gas Systems. A construction permit is required to install a medical gas
system.
Section 105.7.10 is hereby deleted and amended to read as follows:
105.7.10 Private Underground Fire Main Installations. A construction permit is required for
the installation of any private underground fire main to supply fire hydrant(s) and/or fire
sprinklers.
Section 108.1 is hereby deleted and replaced to read as follows:
Section 108.1.
A. Appeals. Whenever the 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 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 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.
Fireworks Booth Sales Permits. Notwithstanding section A, the following appeals
procedure shall apply exclusively to permits for Fireworks Booths Sales under this
Code. Any person aggrieved by a decision of the Fire Chief, or his/her designee, to
disapprove an application, refuse to grant a permit, place conditions on a permit, or
revoke a fireworks booth sales permit shall have a right of appeal of the decision to
the City Manager, or his/her designee. Such appeal shall be taken by filing a written
notice of appeal with the City Clerk within ten days of the date of the decision. The
appeal shall set forth the grounds for the appeal and the name and address of the
person requesting the appeal. A failure to file a timely and complete appeal shall
render the decision final and conclusive. The City Manager shall, within ten days of
the filing of the appeal, set a time and place for a hearing on the appeal. The
appeal shall be set no less than five days after the filing of the appeal and no more
than sixty days after the filing of the appeal. The City Manager's determination
following the hearing shall be in writing and shall contain a statement of the facts
upon which the determination is based. The City Manager's determination shall be
sent first-class U.S. mail, postage prepaid to the person requesting the appeal, not
later than ten days following the date of such determination. The determination of
the City Manager shall be final and conclusive. (Ord. 2175 NCS §3, 2004: Ord. 1997
NCS § 1 (part), 1995.)
Section 108.3 is hereby deleted in its entirety:
Section 109.3 is hereby deleted and replaced to read as follows:
109.3 Violation Penalties.
A. Any violation of the provisions of this section shall be a misdemeanor.
Notwithstanding the preceding sentence, a violation of the provisions of this section
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may be charged and prosecuted as an infraction at the discretion of the City
Attorney's office or other enforcing authority.
B. Any person convicted of a misdemeanor under the provisions of this section shall be
punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment
in the county jail for a period of not more than six (6) months, or by both such fine
and imprisonment.
C. Any person convicted of an infraction under the provisions of this section shall be
punishable by a fine as follows:
Upon a first conviction, by a fine not exceeding five hundred dollars ($500.00), or
by court supervised community service, or by both such fine and community
service.
Upon a second conviction, by a fine not exceeding one thousand dollars
($1,000.00), or by court supervised community service, or by both such fine and
community service.
D. A person is guilty of a separate offense for each day during which he/she commits, or
continues or permits a violation of this chapter, or each time he/she disobeys a valid
order of an enforcement officer.
E. Nothing in this section shall prohibit a court from imposing restitution upon any person
convicted of a violation of the provisions of this section.
In addition to any other remedies available to the City under any applicable state or
federal statute or pursuant to any other lawful power the City may possess, any
violation of this chapter may be prosecuted or enforced as a nuisance and enforced
by a civil court action as provided in Chapter 1.13 of the Petaluma Municipal Code
or via administrative enforcement as a nuisance as provided in Chapter 1.14 of the
Petaluma Municipal Code as Chapters 1.13 and 1.14 may be amended from time to
time.
9. APPENDIX B - FIRE -FLOW REQUIREMENTS FOR BUILDINGS
Section B101.1 is hereby deleted and replaced to read as follows:
B101.1 Scope. The procedure for determining fire -flow requirements for buildings or
portions of buildings hereafter constructed shall be in accordance with this
appendix. This appendix does not apply to structures other than buildings. This
section applies to residential and commercial developments. Design and
construction shall be in accordance with the following sections unless otherwise
authorized by the fire code official in accordance with section 104.9, Alternative
materials and methods.
Section B 102.1 is hereby amended as follows:
FIRE -FLOW. The flow rate of a water supply, measured at 20 pounds per square
inch (psi) (138 kPa) residual pressure, measured in the water main in the vicinity of
the flowing hydrant, that is available for fire fighting.
Ordinance No. 2291 N.C.S.
Page 20
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FLOOR AREA. The floor area used for calculating the required fire flow shall be the
total floor area of all floor levels within the exterior walls that are under the
horizontal projection of the roof, except as modified in Section B 104.3.
Section B 105.1 is hereby amended to read as follows:
13105.1 One- and two-family dwellings. The minimum fire -flow requirements for one -
and two-family dwellings having a fire -flow calculation area which does not
exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute ( 5678.11
L/min). Fire -flow and flow duration for dwellings having a fire -flow calculation area
in excess of 3,600 square feet (344.5 m2) shall not be less than that specified in
Table B 105.1.
Section B 105.2 is hereby deleted and replaced to read as follows:
B105.2 Buildings other than one- and two-family dwellings. The minimum fire -flow
and flow duration for buildings other than one- and two-family dwellings shall be
as specified in Table 13105.1.
Exception: A reduction in required fire -flow of up to 50 percent, as approved, is
allowed when the building is provided with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting
fire -flow shall not be less than 1,500 gallons per minute (5678 L/min) for the
prescribed duration as specified in Table 13105.1.
Table B105.1 is hereby amended to read as follows:
Foot note A has been deleted.
10. APPENDIX C - FIRE HYDRANT LOCATIONS AND DISTRIBUTION
Section C101.1 is hereby deleted and replaced to read as follows:
C101.1 Scope. Fire hydrants shall be provided in accordance with this appendix
for the protection of buildings, or portions of buildings, hereafter constructed. This
section applies to residential and commercial developments. Single family
residential projects in approved rural areas shall comply with the Fire Safe
Standards. Design and construction shall be in accordance with the following
sections unless otherwise authorized by the fire code official in accordance with
section 104.9, Alternative materials and methods.
Section C 102.1 is hereby amended to read as follows:
C102.1 Fire hydrant locations. Where fire hydrants are required, they shall be
provided along required fire apparatus access roads and adjacent public streets.
Section C 105.1 is hereby amended to read as follows:
C105.1 Hydrant spacing. The average spacing between fire hydrants shall not
exceed that listed in Table C105.1.
Ordinance No. 2291 N.C.S.
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Exception: The fire chief is authorized to —allow deviations from this section where
existing fire hydrants provide all or a portion of the required fire hydrant service.
Table C 105.1 is hereby amended to read as follows:
f. For commercial, industrial and multifamily residential dwellings average spacing shall
be no greater than 300 feet.
g. A Fire hydrant shall be located within 50 feet of the FDC, or as approved by the fire
code official.
11. APPENDIX D - FIRE APPARATUS ACCESS ROADS
Section D 10 1. 1 is hereby deleted and replaced to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this
appendix as amended and all other applicable requirements of the International
Fire Code. This section applies to residential and commercial developments. Single
family residential projects in approved rural areas shall comply with the Fire Safe
Standards. Design and construction shall be in accordance with the following
sections unless otherwise authorized by the fire code official in accordance with
section 104.9, Alternative materials and methods.
Section D102.1 is hereby deleted and replaced to read as follows:
D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an
approved fire apparatus access road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds (34050 kg) or as approved by the fire
code official.
Section D 103.1 is hereby deleted.
Section D103.2 is hereby deleted and replaced to read as follows:
D103.2 Grade. The grade of fire apparatus access roads shall be in accordance
with the local agency requirement for public streets or as approved by the fire
chief.
Section D 103.3 is hereby deleted and replaced to read as follows:
D103.3 Turning radius. The minimum turning radius shall be determined by the fire
code official or as approved by local standards.
Section D103.4 is hereby deleted and replaced to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45
720 mm) shall be provided with width and turnaround provisions in accordance
with the local agency requirements for public streets or as approved by local
standards.
Ordinance No. 2291 N.C.S.
Page 22
I Table D103.4 is hereby deleted.
2
3 Section D103.6 is hereby deleted and replaced to read as follows:
4
5 D103.6 Signs. Where required by the fire code official, fire apparatus access roads
6 shall be marked with permanent NO PARKING -FIRE LANE signs complying with the
7 California Vehicle Code.
8
9 Section D 103.6.1 is hereby deleted.
10
11 Section D 103.6.2 is hereby deleted.
12
13 Section D104.1 is hereby deleted and replaced to read as follows:
14
15 D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities
16 exceeding 30 feet (9144 mm) or three stories in height shall have at least two
17 means of fire apparatus access for each structure.
18
19 Section D104.2 is hereby deleted and replaced to read as follows:
20
21 D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having
22 a gross building area of more than 62,000 square feet (5760 m2) shall be provided
23 with two separate and approved fire apparatus access roads.
24
25 Section D106.1 is hereby deleted and replaced to read as follows:
26
27 D106.1 Projects having more then 50 dwelling units. Multiple -family residential
28 projects having more then 50 dwelling units shall be provided with two separate
29 and approved fire apparatus access roads.
30
31 Section D106.2 is hereby deleted.
32
33 Section D107.1 is hereby deleted and replaced to read as follows:
34
35 D107.1 One- or two-family dwelling residential developments. Developments of
36 one- and two-family dwellings where the number of dwelling units exceeds 50 shall
37 be provided with two separate and approved fire apparatus access roads and
38 shall meet the requirements of section D104.3.
39
40 SECTION 8. Section 17.20.060 of the Petaluma Municipal Code is hereby added to read
41 as follows:
42
43 17.20.060 New materials, processes or occupancies which may require permits.
44 The city manager, the fire chief and the chief of the bureau of fire prevention shall act as
45 a committee to determine and specify, after giving affected persons an opportunity to
46 be heard, any new materials, processes or occupancies for which permits are required in
47 addition to those now enumerated in this code. The chief of the bureau of fire
48 prevention shall post such list in a conspicuous place at the bureau of fire prevention and
49 distribute copies thereof to interested persons. (Ord. 1997 NCS § 1 (part), 1995.)
50
51 SECTION 9. The City Clerk is hereby directed to file this ordinance and the attached
52 findings of fact, with the California Building Standards Commission.
Ordinance No. 2291 N.C.S. Page 23
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SECTION 10. All former ordinances or parts thereof conflicting or inconsistent with the
provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed.
SECTION 11. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
SECTION 12. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 13. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council, and its provisions shall become applicable on January
1, 2008.
SECTION 14. The City Clerk is hereby further directed to post and publish this ordinance
or a synopsis of this ordinance for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted/published this 5th day of November, 2007.
ADOPTED this 19th day of November, 2007 by the following vote:
Ayes: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Torliatt
Noes:
None
Abstain:
None
Absent:
None
ATTEST:
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44 Claire Cooper, City Clerk
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47
APPRO D S TO ORM:
Eric W. Danly, City Attorney
Ordinance No. 2291 N.C.S. Page 24
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EXHIBIT "A"
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2007 EDITION WITH CALIFORNIA
AMENDMENTS, DUE TO LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 1.7958 of the State of California Health and
Safety Code, the governing body of the City of Petaluma in its ordinance adopting and
amending the 2007 Edition of the California Fire Code, with California Amendments, changes or
modifies certain provisions of the State Building Standards Code as it pertains to the regulation of
buildings used for human habitation. A copy of the text of such changes or modifications is
attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making
the changes or modifications in the California Fire Code and the State Building Standards Code
necessary in order to provide a reasonable degree of property security, and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate the
modifications to the California Fire Code and State Building Standards Code.
CLIMATIC
Precipitation: Precipitation ranges from 20 inches to approximately 25 inches per year.
Approximately ninety percent (90%) falls during the months of November through April, and 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 50% during daytime 86% at night. It drops to
20% during the summer months and occasionally drops lower during the months of September
through November.
Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
summer highs are in the 78-85 degree range.
Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been
known to occur.
Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in
the community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires
and conflagrations. The winds experienced in this area also adversely impact structure fires in
Ordinance No. 2291 N.C.S. Page 25
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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
The topographic fire environment of a community is primarily a 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 13 square miles and contains an urban
population estimated at 57,000. The city's service area is a conglomeration of bay, plains, hills,
valleys, and ridges. Within the city are three fire stations and 56 fire personnel. Because of the
size of the City of Petaluma the characteristics of the fire environment changes from one
location to the next. For example, the central downtown area contains older buildings situated
close together, which increases the ability of fire to spread from one building to the next. In
contrast, some of the properties on the outlying hills are far apart, but contain large grassy
acreages that promote quickly -spreading wildfires during the long dry season.
The city's development pattern also contributes to its unique fire protection needs.
Development has traditionally occurred on the flat lands (0 - 5% slope) in the central and
eastern portions of the city. However, over the last ten 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 added complicated logistical challenges for
getting fire equipment to remote fires or fires on steep hillsides. The majority of the hillsides in
these areas have slopes ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will
double as the slope percentage doubles, all other factors remaining the same.
The local vegetation further contributes to fire dangers in the city. Petaluma's semi -arid
Mediterranean -type climate produces vegetation similar to that of most of Sonoma County. In
the long periods of the year with little or no rain (April through October), this vegetation provides
ready fuel for fast -spreading wildfires.
Moreover, approximately half of all the structures in the city have combustible wood -shingle or
shake roofs. This very flammable material is susceptible to ignition by embers from a wild land
fire, furthering the spread of fire to adjacent buildings.
GEOLOGICAL
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two active earthquake faults (San Andreas and the Healdsburg-Rodgers Creek)
Ordinance No. 2291 N.C.S. Page 26
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affect the Petaluma area. Approximately 50% of the city's land surface is in the high -to -
moderate seismic hazard zones.
The majority of the city's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest
number, should a significant seismic event occur. The city's resources would have to be
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller single -
dwellings and structures.
Other variables that may intensify the fire danger after a major seismic event include:
• The extent of damage to the water system
• The extent of isolation due to bridge and/or freeway overpass collapse
• The extent of roadway damage and/or amount of debris blocking the roadways
• Climatic conditions (hot, dry weather with high winds)
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk of life during normal business hours
• The availability of timely mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time
• The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations
CONCLUSION
Local climatic, geological and topographic conditions impact fire protection efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
Further, they impact potential damage to all structures from earthquake and subsequent fire.
Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
mitigate the effects of the above conditions.
Furthermore, California Health & Safety Code (CH&SC) Section 17958.7 requires that the
modification or change to which findings refer be expressly marked and identified. Therefore,
the following table provides code sections that will be modified by this ordinance which are
building standards as defined in CH&SC Section 18909, and the associated referenced
conditions for modification due to local climatic, geologic and topographical conditions.
Section Number
503.2.6
503.2.7.1
508.3.1
508.5.1
508.5.1.1
705
901.6.1.1
903.2
903.2.1
903.2.2
903.2.3
903.2.4
903.2.5
903.2.6
903.3
Climatic (a)Geologic (b), Topographical (c)
a, b, c
a, b, c
a, b
a,b,c
b, c
c
a, b
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. 2291 N.C.S.
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903.3.7
a, b, c
903.4
a, b
4707.1
a, b, c
4713
a, b, c
Appendix Ch. 1 Sec. 105.7.10
a, b, c
Appendix Ch. 1 Sec. 104.3
a, b, c
Appendix Ch. 1 Sec. 104.1 1.4
a, b, c
Appendix Ch. 1 Sec. 105.2
a, b, c
Appendix Ch. B 101.1
a, b, c
Appendix Ch B 101.2
a, b, c
Table B105.1
a, b
Table 8105.1
a, b
Table C 105.1 f
a, b
Table C105.1 g
a, b
Appendix Ch. D103.2
a, b, c
Appendix Ch. D103.3
a, b, c
Appendix Ch. D103.4
a, b, c
Appendix Ch. D103.6
a, b, c
Appendix Ch. D104.1
a, b, c
Appendix Ch. D104.2
a, b, c
Appendix Ch. D106.1
a, b, c
Appendix Ch. D107.1
a, b, c
Ordinance No. 2291 N.C.S.
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