HomeMy WebLinkAboutOrdinance 2291 N.C.S. 11/19/2007 EFFECTIVE DATE ORDINANCE NO. 2291 N.C.S.
OF ORDINANCE
December 19, 2007
1 Introduced by Seconded by
2
3
4 Mike O'Brien Teresa Barrett
5
6
7
8
9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
10 REPEALING CHAPTER 17.20 OF THE PETALUMA MUNICIPAL CODE
11 AND ADDING A NEW CHAPTER 17.20 ADOPTING THE CALIFORNIA BUILDING
12 STANDARDS CODE, TITLE 24, PART 9, 2007 CALIFORNIA FIRE CODE,
13 BASED ON THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE
14
15
16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
17
18 SECTION 1. Section 17.20 of the Petaluma Municipal Code, entitled "Fire Code," and
19 the underlying ordinances, are hereby repealed in their entirety.
20
21 SECTION 2. Pursuant to California Health and Safety Code section 17958.7, the City
22 Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated
23 herein by reference, and finds that the amendments made in this ordinance to the California
24 Building Standards Code, Title 24, Part 9, 2007 California Fire Code, based on the 2006 Edition of
25 the International Fire Code, are reasonably necessary because of the local climatic, geological
26 or topographical conditions set forth in said exhibit.
27
28 SECTION 3. Section 17.20.010 of the Petaluma Municipal Code is .hereby added to read
29 as follows:
30
31 17.20.010 ADOPTION OF CALIFORNIA BUILDING STANDARDS CODE, TITLE
32 24, PART 9, 2007 CALIFORNIA FIRE CODE, INCORPORATING THE 2006
33 EDITION OF THE INTERNATIONAL FIRE CODE.
34
35 There is hereby adopted by the City of Petaluma for the purpose of
36 prescribing regulations governing conditions hazardous to life and
37 property from fire, hazardous materials or explosion, that certain Code
38 and Standards known as the California Building Standards Code, Title 24,
39 Part 9, 2007 California Fire Code (CFC), incorporating the 2006 Edition of
40 the International Fire Code, including Appendix Chapters 1, 4, A, B, C, D,
41 E, F, G & H published by the International Code Council and the California
42 Building Standards Commission, being particularly the 2007 Edition CFC
43 and the whole thereof, save and except such portions as are hereinafter
44 deleted, added or amended by this chapter. Not less than one (1) copy
Ordinance No. 2291 N.C.S. Page 1
1 of said Code has been and is now filed in the office of the clerk of the City
2 and the same is adopted and incorporated as fully as if set out at length
3 herein and the provisions thereof shall be controlling within the limits of the
4 City.
5
6 SECTION 4. Section 17.20.020 of the Petaluma Municipal Code is hereby added to read
7 as follows:
8
9 17.20.020 Establishment of geographic limits of districts in which storage of liquefied
10 petroleum gases is to be restricted.
11
12 The limits referred to in Section 3804.2 of the California Fire Code, in which storage of
13 liquefied petroleum gas is restricted, are hereby established as being Fire Zone 1
14 (Reference PMC 17.22.010). (Ord. 2084 NCS § 1 (part), 1999: Ord. 1997 NCS § 1 (part),
15 1995..)
16
17 SECTION 5. Section 17.20.030 of the Petaluma Municipal Code is hereby added to read
18 as follows:
19
20 17.20.030 Establishment of limits of districts in which storage of explosives and blasting
21 agents is to be prohibited.
22
23 The limits referred to in Section 3304 of the California Fire Code, in which storage of
24 explosives and blasting agents is prohibited, are hereby established as follows: The limits
25 referred to in Secfion 3304 of the California Fire Code are established as being all areas
26 except M-G, general industrial districts as shown in the Petaluma zoning ordinance,
27 copies of which are on file in the office of the city clerk. (Ord. 2084 NCS § 1 (part), 1999:
28 Ord. 1997 NCS § 1 (part), 1995.)
29
30 SECTION 6. Section 17.20.040 of the Petaluma Municipal Code is hereby added fo read
31 as follows:
32
33 17.20.040 Establishment of fire hazard severity zone(s) (FHSZ).
34
35 A. Limits related to Chapter 47 Requirements for Wildland-Urban Interface Fire Areas.
36 Chapter 47 shall apply to all real property with newly constructed buildings within the
37 City of Petaluma located within the fire hazard severity zone as designated by the
38 chief and the Fire Resources Assessment Program (FRAP) map published by Cal Fire.
39 A map of such areas is maintained in the office of the fire prevention bureau.
40
41 SECTION 7. Section 17.20.050 of the Petaluma Municipal Code, entitled "Amendments
42 Made in the California Fire Code," is hereby added to include the following additions,
43 amendments and deletions to the 2007 California Fire Code:
44
45 1. Chapter 2 -DEFINITIONS
46
47 Section 202 is hereby amended to add the following definitions:
48
49 202 General Definitions.
50
51 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as defined in
52 Health and Safety Code sections 12505 and 12561 and the relevant sections of Title 19,
Ordinance No. 2291 N.C.S. Page 2
1 California Code of Regulations, Subchapter 6, which are hereby incorporated by
2 reference.
3
4 fully-Sprinklered Building -Residential. Fully-sprinklered building -residential shall mean
5 the installation of automatic fire sprinklers in attics, garages, (attached or not) and other
6 unprotected spaces in addition to any other fire sprinkler system required for residential
7 structures.
8
9 Piccolo Pete Type Fireworks. Piccolo Pete-type fireworks are "safe and sane fireworks" as
10 defined in Health and Safety Code Section 12529 and 12562 and the relevant sections of
11 Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by
12 reference. "Piccolo Pete-type fireworks" are also known and sometimes referred to
13 and/or labeled as, and/or have substantially the same appearance and discharge
14 characteristics as, but are not limited to: "Piccolo Pete," "Whistle Pete," "Nice Siren,"
1S "Whistling Phantom," "Screaming Willy," and "Whistling Pete."
16
17 State Approved Fireworks. State-approved fireworks shall mean "safe and sane"
18 fireworks as defined in Health and Safety Code sections 12529 and 12562 and the
19 relevant sections of Title 19, California Code of Regulations, Subchapter 6, which are
20 hereby incorporated by reference. State-approved fireworks are also known, and
21 sometimes referred to as "safe and sane fireworks."
22
23 2. Chapter 3 -GENERAL PRECAUTIONS AGAINST FIRE
24
25 Section 304.4 is hereby added to read as follows:
26
27 304.4 Dumpsters and Containers -Non-combustible -Fire Zone 1. Dumpsters and
28 containers with an individual capacity of 1.5 cubic yards X40.5 cubic feet) or more,
29 located in the boundaries of Fire Zone 1 (generally defined as the downtown business
30 district) as defined in Section 17.22 of the Petaluma Municipal Code, shall be
31 noncombustible, and all lids/covers shall be secured and locked at all times, except
32 when disposing of rubbish/trash.
33
34 3. Chapter 5 -FIRE SERVICE FEATURES
35
36 Section 501.1 is hereby deleted and replaced to read as follows:
37
38 501.1 Scope. Fire service for buildings, structures and premises shall comply with this
39 chapter. This section applies to residential and commercial developments. Single
40 family residential projects in approved rural areas shall comply with the Fire Safe
41 Standards. Design and construction shall be in accordance with the following
42 sections, unless otherwise authorized by the fire code official in accordance with
43 Appendix Chapter 1, .section 104.9 Alternative materials and methods.
44
45 Section 502.1 is hereby amended to read as follows:
46
47 FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a
48 fire station to a facility, building or portion thereof. This is a general term inclusive of
49 all other terms such as fire lane, public street, private street, parking lot lane and
50 access roadway. Public streets may be defined by the standards of the local
51 agency having jurisdiction over the project.
52
Ordinance No. 2291 N.C.S. Page 3
1 FLOOR AREA. The floor area used for calculating the required fire flow shall be the
2 total floor area of all floor levels within the exterior walls of a structure that are
3 under the horizontal projection of the roof, except as modified in Section B 104.
4
5 Section 503.2.6 is hereby deleted and replaced to read as follows:
6
7 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
8 part of a fire apparatus access road, the bridge shall be constructed and
9 maintained in accordance with AASHTO Standard Specifications. Bridges and
10 elevated surfaces shall be designed for a live load sufficient to carry the imposed
11 loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
12 bridges when required by the fire code official. Where elevated surfaces designed
13 for emergency vehicle use are adjacent to surfaces which are not designed for
14 such use, approved barriers, approved signs or both shall be installed and
15 maintained when required by the fire code official.
16
17 Section 503.2.7.1 is hereby added to read as follows:
18
19 503.2.7.1 Grade Angles. The maximum allowable grade for driveways and roadways
20 used for fire apparatus access is 12%. Special allowances up to a maximum of 18% may
21 be granted with the approval of the Fire Marshal and City Engineer. For driveways not
22 required for fire apparatus access, provisions for increases in the grade can comply with
23 Article 20-41 1 of the Petaluma Zoning Ordinance.
24
25 Section 505.1 is hereby deleted and replaced to read as follows:
26
27 505.1 Address numbers. New buildings shall have approved illuminated address
28 numbers, building numbers or approved building identification placed in a
29 position that is plainly legible and visible from the street or road fronting the
30 property. These numbers shall contrast with their background. Address numbers
31 shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4
32 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
33
34 Exception:. Rural residential buildings shall not be required to comply with this
35 section, provided such buildings have a form of building identification that has
36 been approved by the fire code official.
37
38 Section 508.3.1 is hereby added to read as follows:
39
40 508.3.1 Adequate Water Supply. Minimum fire flow for buildings shall be
41 calculated as specified in California Fire Code section 81.05 of Appendix B
42 "Fire-flow Requirements for Buildings." If building fire flow calculations
43 cannot be made at the time of project submittal, the following fire flows
44 shall apply. When the building fire flow calculations are submitted, these
45 flows shall be adjusted in accordance with Appendix B.
46
47 Single- and Two-Family Residential:
48 1500 GPM
49 Commercial, Industrial, Schools and Multi-family Residential:
50 2500 GPM
51
Ordinance No. 2291 N.C.S. Page 4
1 Fire flows for single-family dwellings may be reduced to the minimum flow
2 as permitted by Appendix B so long as the building is fully fire sprinklered
3 and the residual pressure shall be a minimum of twenty (20) pounds per
4 square inch available for firefighting.
5
6 Exception: Some existing mains are old and sub-standard. The City
7 Engineer and Fire Marshal shall determine the fire flows for these mains on
8 a site-by-site basis.
9
10 Section 508.5.1 is hereby deleted and replaced to read as follows:
11
12 508.5.1 Where required.. Where a portion of the facility or building hereafter
13 constructed or moved into or within the jurisdiction is more than 150 feet (45.179
14 m) from a hydrant on a fire apparatus access road, as measured by an approved
15 route around the exterior of the facility or building, on-site fire hydrants and mains
16 shall be provided where required by the fire code official.
17
18 Section 508.5.1.1 is hereby added to read as follows:
19
20 508.5.1.1 Additional Requirements.
21
22 1. Upon review of site conditions by the Fire Department, fire hydrant spacing
23 requirements may be reduced or modified. Fire hydrants shall be placed along all
24 adjoining public and private streets and Fire Department access drives.
25
26 2. Divided streets shall have hydrants located as required by the fire code official on
27 both .sides of the street, and they shall be staggered to prevent a hydrant being
28 placed directly across the divided street from another hydrant.
29
30 3. Types of Hydrants -Hydrants shall conform to the City of Petaluma Sewer and Water
31 Design and Construction Standards.
32
33 4. Chapter 7 -FIRE-RESISTANCE-RATED CONSTRUCTION
34
35 Section 705 is hereby added to read as follows:
36
37 705 Repair of Breaches of Non-Rated Walls/Ceilings in Fire Zone 1. Breaches, openings,
38 holes or other broken wall and ceiling areas in buildings in Fire Zone 1 (generally defined
39 as the downtown business district) as defined in Section 17.22 of the Petaluma Municipal
40 Code shall be repaired, restored or replaced when damaged, altered, breached,
41 penetrated, removed or improperly installed. Openings/breaches can be repaired with
42 like material such as lath and plaster, sheetrock, plywood or other reasonable barrier. The
43 intent of this section is to close openings/breaches to limit the spread of fire and products
44 of combustion in the downtown business district.
45
46 5. Chapter 9 -FIRE PROTECTION SYSTEMS
47
48 Section 903.2. is hereby deleted and replaced to read as follows:
49
50 903.2 Where Required. An automatic sprinkler system shall be installed and maintained in
51 all newly constructed buildings.
52
Ordinance No. 2291 N.C.S. Page 5
1 Exceptions:
2
3 1. Detached Group U occupancies 1000 sq. ft. or less. Agricultural buildings and private
4 riding arenas as approved by the fire code official.
5
6 2. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and
7 limited to a single bathroom.
8
9 3. A room above a detached garage used for storage only that does not contain a
10 bathroom, cooking or refrigeration facilities or connections for such facilities.
11
12 4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a
13 Group M occupancy.
14
15 5. Car ports of non-combustible construction.
16
17 b. B or M occupancies 500 sq. ft. or less.
18
19 Section 903.2.1 is hereby deleted and replaced to read as follows:
20
21 903.2.1 Additions. Additions to existing commercial buildings that increase square feet
22 (based on the following percentages) calculated by the existing gross floor area shall
23 meet the requirements for a newly constructed building:
24 0-1000 sq. ft.: 200% (or 2000 sq ft. maximum cumulative total)
25 1001-4000 sq. ft.: 100%
26 >=4001 sq. ft.: 50%
27
28 Sections 903.2.1.1 through 903.2.1.5 are hereby deleted
29
30 Section 903.2.2. is hereby deleted and replaced to read as follows:
31
32 903.2.2 Alteration or Repairs. For alterations or repairs to existing buildings) involving
33 demolition, removal, or repair due to fire damage of more than 50% of the structure, the
34 building shall meet the requirements for a newly constructed building.
35
36 Exceptions:
37
38 1. One time alterations or additions made solely for the purpose of complying with the
39 Americans with Disabilities Act.
40
41 Sections 903.2.3 through 903.2.3.1 are hereby deleted and replaced to read as follows:
42
43 903.2.3 Residential Conversions and Additions. Fire sprinkler systems shall be installed in all
44 single-family dwellings that are converted to duplexes and/or multi-family dwellings, bed
45 and breakfasts, inns, lodging houses, or similar uses. All additions to residences. with an
46 existing sprinkler system shall require the extension of the sprinkler system into the
47 addition. Existing residences in which an addition occurs and no fire sprinkler system has
48 been previously installed will not require installation of a sprinkler system in either the
49 existing structure or the addition.
50
51 Sections 903.2.4 through 903.2.4.3 are hereby deleted and replaced to read as follows:
52
Ordinance No. 2291 N.C.S. Page 6
1 903.2.4 Changes of Occupancy. For any change of occupancy when the proposed new
2 occupancy classification is more hazardous based on life and fire risk, as determined by
3 the Fire Code Official, including the conversion of residential buildings to condominiums,
4 the building shall meet the requirements for a newly constructed building.
5
6 Sections 903.2.5 through 903.2.5.1 are hereby deleted and replaced to read as follows:
7
8 403.2.5 Design Criteria. Fire sprinkler systems installed in buildings of undetermined use
9 shall be designed and installed to have a design density of (.33) gallons per minute per
10 square foot over a minimum design area of 3000 square feet. Where a subsequent
11 occupancy change requires a system with greater capacity, it shall be the building
12 owners' responsibility to upgrade the system to the required density and meet any
13 additional requirements of the Fire Code at the time of such change.
14
15 Sections 903.2.6 through 903.2.6.1 are hereby deleted and replaced to read as follows:
16
17 903.2.6 Residential Fire Extinguishing System - Fuffy sprinklered. Requirements. Full sprinkler
18 systems are required in all newly constructed single-family dwellings that meet gny one of
19 the following conditions (see definition, Section 202, Fully-sprinklered Building -
20 Residential). The buildings:
21
22 1. Have fire flows of 1000 GPM or less where the residual pressure is 20 PSI or less.
23
24 2. Are three or more stories in height.
25
26 3. Are located at elevations or in areas where the water supply does not meet fire flow
27 requirements as determined by the fire chief.
28
29 4. Are located more than 150 feet from an approved all weather emergency vehicle
30 access.
31
32 5. Are located where access is hampered by insufficient road widths, excessive grades,
33 lack of adequate turnarounds, or other conditions which would impede or delay
34 emergency response vehicles.
35
36 b. In the opinion of the chief, create an increased hazard or contain conditions that will
37 hamper the ability of fire suppression crews to adequately suppress a fire and/or
38 affect firefighter safety.
39
40 Section 903.2.7 is hereby deleted and replaced to read as follows:
41
42 903.2.7 Installation of Automatic Fire Sprinklers in Pre-existing Buildings- Historic
43 Downtown Business District.
44
45 A. Geographic Boundary- Historic Downtown District:
46
47 For the purposes of this section, the Historic Downtown Business District shall include all
48 buildings located inside the geographic area generally formed by Kentucky Street to
49 the west, Washington Street to the north, the Petaluma River to the east, and B Street
SO to the south. Also included in this section is 201 Washington Street (Phoenix Theater)
51 and 132 Keller Street (formerly Tuttle Drug), as more particularly described in Figure
5 2 1003.2.12.
Ordinance No. 2291 N.C.S. Page 7
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1
2 B. Instdllation Requirements:
3
4 An automatic sprinkler system conforming to the Standard for the Installation of
5 Sprinkler Systems (NFPA13) shall be installed in all existing buildings in the Historic
6 Downtown Business District in accordance with the following criteria:
7
8 (1) Kentucky Street and Western Avenue:
9
10 a. In any building wherein a change of occupancy occurs.
11
12 b. In any building or occupancy where the square footage of the building or
13 occupancy is increased in area by greater than or equal to 25% of the
14 building's or occupancy's existing square footage.
15
16 c. All buildings with basement or space below street grade used for storage,
17 business, or public use shall have automatic fire sprinklers installed within the
18 basements or the below street grade areas no later than December 31, 2010.
19
20 d. All buildings not meeting the criteria of 'a' or 'b' above shall have automatic
21 fire sprinklers installed throughout the structure, including all public, private,
22 storage and/or concealed spaces, as defined by the Standard for the
23 Installation of Sprinkler Systems (NFPA13) by no later than December 31, 2016..
24
25 (2) Petaluma Boulevard North:
26
27 Automatic fire sprinkler requirements shall not become effective until the City of
28 Petaluma installs an appropriate sized water main and laterals to the curb lines
29 similar to the main previously installed on Kentucky Street and Western Avenue.
30 Upon notice by the City of such installation, an automatic sprinkler system
31 conforming to the Standard for the Installation of Sprinkler Systems (NFPA-13) shall
32 be installed according to the following criteria:
33
34 a. In any building wherein a change of occupancy occurs.
Ordinance No. 2291 N.C.S. Page 8
1
2 b. In any building or occupancy where the square footage of the building or
3 occupancy is increased in area by greater than or equal to 25% of the
4 building's or occupancy's existing square footage.
5
6 c. All buildings with basement or space below street grade used for storage,
7 business or public use shall have automatic fire sprinklers installed within the
8 basements or the below street grade areas, no later than December 31, six
9 (6) years from the date of the water main installation.
10
11 d. All buildings not meeting the criteria of `a' or 'b' above shall have automatic
12 fire sprinklers installed throughout the structure, including all public, private,
13 storage and/or concealed spaces, as defined by the Standard for the
14 Installation of Sprinklers (NFPA-13), no later than December 31, twelve (12)
15 years from the date of the water main installation.
16
17 C. Property Owner's Responsibility for System Installation:
18
19 (1) The Property Owner shall be responsible for installation of the lateral service from
20 the curb line into the building. This also includes isolation, check or other valves or
21 devices, as applicable.
22
23 (2) The Property Owner shall be responsible for the installation of the automatic fire
24 sprinkler system according to the Standard for the Installation of Sprinkler Systems
25 (NFPA-13).
26
27 D. Plans and Specifications:
28
29 Plans and Calculations (NFPA-13, Chapter 8) for the service lateral and fire sprinkler
30 system shall be submitted to and approved by the Fire Prevention Bureau prior to
31 installation of equipment and materials.
32
33 (1) For the Kentucky Street installations that are required on or before December 31,
34 2010 or December 31, 2016, all Plans and Calculations for service lateral and
35 sprinkler systems shall be submitted no later than June 30, 2010 or June 30, 2016
36 respectively, with installation and approval of work to occur prior to December
37 31, 2010 or December 31, 2016 respectively.
38
39 (2) For Petaluma Boulevard North installations that occur in the last year of the six (6)
40 or twelve (12) year deadline (when established) after the installation of the water
41 main by the City of Petaluma, Plans and Calculations shall be submitted in that
42 last year no later than June 30, with installation and approval of work to occur
43 prior to December 31 of that last year.
44
45 Sections 903.2.8 through 903.2.12.2 are hereby deleted.
46
47 Section 903.3 is hereby deleted and replaced to read as follows:
48
49 903.3 Installation requirements. Sprinkler systems shall be installed in accordance with
50 NFPA 13, NFPA 13R if approved by the Fire Code Official and NFPA 13D.
51
52 Section 903.4 is hereby deleted and replaced to read as follows:
Ordinance No. 2291 N.C.S. Page 9
1
2 903.4 Sprinkler system monitoring and alarms. Except for Group R, Division 3
3 Occupancies, all valves controlling the water supply for automatic sprinkler systems,
4 pumps, tanks, water levels, and water flow switches shall be electronically supervised.
5 Valves when used for standpipes are excluded from this provision unless required by the
6 Fire Code Official.
7
8 Section 905.3.1 is hereby deleted and replaced to read as follows:
9
10 905.3.1 Building height. Class I standpipes shall be installed in buildings three stories or
11 over in height and/or if, in the opinion of the Chief, a hazard or condition exists in which
12 the installation of .standpipes would improve firefighting operations. Standpipes will be
13 provided with approved outlets provided on each floor level, including the roof when
14 roof access is provided.
15
16 Section 907.2.8.3 is hereby amended as follows: all wording after "as required by section
17 907.2.10." is hereby deleted
18
19 Section 907.2.10.1.2.1 is hereby added to read as follows:
20
21 907.2.10.1.2.1 Smoke Alarms -Sale of Property. No person or persons shall buy or
22 otherwise receive legal or equitable title in real property or permit a change of tenancy
23 in owned real property improved with one or more dwellings or apartments capable of
24 human habitation unless there is installed therein one or more smoke alarms, listed by
25 Underwriter's Laboratories or a similar testing organization and listed by the State Fire
26 Marshal. Such devices shall be installed in the same locations required by the Building
27 Code for new structures, and may be powered by battery, house current or any means
28 authorized for such devices.
29 Every person who buys or who permits a change of tenancy in owned residential real
30 property as described herein shall certify, by declaration made under penalty of perjury,
31 that this section has been complied with and the detector or detectors required by this
32 section has or have been installed in and are operational in said dwelling, to the
33 standards set out herein.
34
35 6. Chapter 33 -EXPLOSIVES AND FIREWORKS
36
37 Section 3309 is hereby added to read as follows:
38
39 3309 Fireworks. Except as hereinafter provided, it shall be unlawful for any person to
40 possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks;
41 provided that the Fire Chief shall have power to adopt reasonable rules and regulations
42 for the granting of permits for supervised public displays of fireworks by a public agency,
43 fair association, amusement park or other organization or for the use of fireworks by
44 artisans in pursuit of their trade. Every such use or display shall be handled by a
45 competent operator approved by the Fire Chief, and shall be of such character and so
46 located, discharged or fired as in the opinion of the Fire Chief, after proper investigation,
47 so as not to be hazardous to property or endanger any person.
48
49 Section 3309.1 is hereby added to read as follows:
50
51 3309.1 State approved Fireworks. The sale of state approved fireworks shall begin no
52 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
1 same year. On June 28th, the sale- of fireworks shall be permitted only from noon to 9:00
2 p.m., and from 8:00 a.m. to 9:00 p.m. daily on June 29th through July 4th. Sale, possession
3 and discharge of state approved fireworks shall be in compliance with all other
4 applicable state and local regulations.
5
6 Section 3309.2 is hereby added to read as follows:
7
8 3309.2 Fireworks -Conditions of Sales.
9
10 1. It is unlawful for any person, firm, corporation, association, or organization to sell or
11 offer for sale any fireworks within the City, except as expressly permitted by this
12 ordinance.
13
14 2. Time ofi Sale.
15
16 Subject to the provisions of the State Fireworks Law (California Health and Safety
17 Code, Division 1 1, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-
18 12801), and the provisions of this code, state approved fireworks, as defined in
19 Section 12504 of the California Health and Safety Code, may be sold within the City
20 during the period beginning at noon on June 28th and ending at 9:00 p.m. on July
21 4th. On June 28th, the sale of fireworks shall be permitted only from noon to 9:00 p.m.,
22 and from 8:00 a.m. to 9:00 p.m. daily on June 29th through July 4th. Pyrotechnic
23 displays may deviate from these restrictions subject to applicable provisions of the
24 California Health and Safety Code, and provided they are approved by the Fire
25 Chief or his designated representative.
26
27 3. Permit Required.
28
29 No person, firm, corporation, association, or organization shall sell fireworks within the
30 City without first having obtained a permit therefore. Issuance of the permit shall fulfill
31 all municipal licensing requirements and fire safety conditions outlined by the Fire
32 Department. All permit applications shall be received in the Fire Marshal's office by
33 no later than the last day of May each year. No person, firm, corporation, association
34 or other organization, other than the permittee shall operate the booth for which the
35 permit is issued or share or otherwise participate in the profits of the operation of such
36 booth.
37
38 In addition to any fees established by resolution of the City Council for permit
39 application, processing, inspection and/or business licenses for any wholesale or retail
40 sales of state approved fireworks, any applicant for a permit for wholesale sales of
41 state approved fireworks shall pay a non-refundable "Public Education and
42 Compliance" fee, in an amount to be established by resolution of the City Council, to
43 cover the City's costs for enhanced public education and enforcement of the
44 regulations governing state approved fireworks set forth in this section.
45
46 4. Information Required on Permit. Each applicant for such permit shall file a written
47 application with the Bureau of Fire Prevention showing the following information:
48
49 a. Name and address of applicant.
50
51 b. Location where the applicant proposes to sell fireworks.
52
Ordinance No. 2291 N.C.S. Page 1 1
1 c. Places of storage for fireworks.
2
3 d. Evidence that applicant meets the criteria as specified in this section and other
4 ordinances.
5
6 5. Organization(s) Authorized to Sell.
7
8 No permit to sell state approved fireworks shall be issued to any person except the
9 following.
10
11 a. Nonprofit organizations, corporations, or local community service associations
12 organized primarily for veteran, patriotic, welfare, civic betterment, or charitable
13 purposes, which can demonstrate that a majority of their financial resources and
14 manpower are donated to projects of benefit to the total community within the
15 city limits of Petaluma.
16
17 b. Any person, organization or entity which sold fireworks for-profit in the city of
18 Petaluma for three or more consecutive years, including and prior to the 1997
19 fireworks sales period, shall be entitled (grandfathered) to apply and obtain a
20 permit for each year after the 1997 fireworks sales season. Those for-profit entities
21 who qualify shall be allowed to continue to obtain a fireworks sale permit until, by
22 attrition, they discontinue selling fireworks and/or do not apply and obtain a
23 permit to sell in each consecutive year following the year 1997. For-profit entities
24 who are grandfathered shall not be allowed to transfer, sell, or otherwise give
25 their right to sell fireworks to any individual, organization or entity not previously
26 named on their fireworks permit applications on or before 1997.
27
28 b. Determination of Eligibility by Fire Chief -Right of Appeal.
29
30 The Fire Chief shall make a determination as to which organizations meet the criteria
31 specified in Section 5. Any aggrieved applicant may appeal the decision of the Fire
32 Chief within seven (7) days to the City Manager. The decision of the City Manager
33 shall be a final decision, appealable to the City Council within seven (7) days of the
34 decision.
35
36 7. Maximum Number of Permits to Sell.
37
38 The maximum number of permits to sell safe and sane fireworks, which may be issued
39 during any one calendar year, shall not exceed one permit for each 2500 residents of
40 the City, or fraction thereof, based on the most recent figure designated by the State
41 Department of Finance as the City's population (hereafter known as the CAP). If the
42 number of applications received up to and including the last day of May of each
43 year exceeds the number of permits to be issued, the permittees during the
44 preceding year shall have first priority for the available permits. If there are any
45 additional permits available, the Fire Marshal shall forward a list of applicants, who
46 were not permittees the preceding year, to the City Clerk who shall, not later than on
47 the 5th day of June, supervise an impartial drawing to determine an order of priority
48 for each application. Upon such determination, the City Clerk shall forward to the Fire
49 Marshal a list of applications, numbered in order of priority drawn for investigation
50 and issuance. Permits may be issued in order of priority drawn to those on the list until
51 the CAP is reached.
52
Ordinance No. 2291 N.C.S. Page 12
1 8. Total Number of Booths Permitted for an Entity, Organization, or Group.
2
3 Fireworks sales permittees shall be limited to one booth per entity, organization,
4 and/or group (applicant). The purpose of limiting booths to one per applicant is to
5 allow a maximum number of entities, organizations, or groups to participate in
6 fireworks sales.
7
8 If the total number of permit applications received is not in excess of the CAP based
9 on the population ratio, an applicant may petition the Fire Marshal to set up an
10 additional booth, but not to exceed a total of two per applicant.
11 If the number of applications for multiple booths received up to and including the last
12 day of May of each year exceeds the number of permits to be issued, the Fire
13 Marshal shall forward a list of applicants who are requesting a second booth to the
14 City Clerk who shall, not later than on the 5th day of June, supervise an impartial
15 drawing to determine an order of priority for each application. Upon such
16 determination, the City Clerk shall forward to the Fire Marshal a list of applications,
17 numbered in order of priority as drawn. Additional booths and permits will be
18 awarded to each applicant in order of priority drawn until the Cap is reached.
19 Multiple booth permits shall be given for that year only. The process for awarding
20 additional booths per applicant shall begin anew each year and will be available
21 based on the Cap.
22
23 Any person, organization, or entity which sold fireworks in the City of Petaluma for
24 three or more consecutive years, up to and including 1997, and had previously
25 obtained multiple booth permits per applicant, shall be entitled (grandfathered) to
26 apply for the same number of booths as they had in the previous three years. These
27 applicants shall be allowed to continue to operate multiple booths until such time as
28 they discontinue selling fireworks and/or do not apply for and obtain a permit in each
29 consecutive year following 1997. Entities that discontinue fireworks sales and/or do
30 not obtain a permit each consecutive year shall be deemed to have forfeited the
31 right to multiple booths per applicant.
32
33 9. Insurance Requirements as Condition of Sale.
34
35 Each applicant for a permit shall file with the Bureau of Fire Prevention, prior to the
36 issuance of any permit, a policy of public liability insurance with coverage of at least
37 $300,000.00/500,000.00, apolicy of property damage insurance with coverage of at
38 least $300,000.00 on a certificate showing the amounts of insurance. The City, its
39 officers, employees, and agents shall be named as additional insured on such
40 insurance policy or certificate.
41
42 10. Fireworks Booth -Restrictions on Sales.
43
44 a. No booth shall be located within 25 feet of combustible buildings and/or building
45 openings (windows or doors) or within 50 feet of any flammable storage. Location
46 of booths is contingent upon receipt of approval from the Fire Chief or his
47 designated representative.
48
49 b. No booth shall have a floor area in excess of 750 square feet. All booths in excess
50 of 20 feet in length must have two exits. Larger booths must have an exit for every
51 20 feet of length located 20 feet apart.
Ordinance No. 2291 N.C.S. Page 13
1 c. All weeds and combustible materials shall be cleared in and around booth for a
2 distance of at least 20 feet.
3
4 d. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed
5 within any fireworks booth.
6
7 e. No person under eighteen (18) years of age shall sell or participate in the sale of
8 state approved fireworks at such booth. No person under eighteen (18) years of
9 age shall be permitted inside the booth during hours of operation. Each booth
10 must have an adult in attendance and in charge of operations whenever the
11 booth contains, or is engaged in the sale of, fireworks. The permittee is solely
12 responsible for ensuring the presence of said adult. For the purpose of this section,
13 the term "adult" shall mean any person so defined under California law.
14
15 f. All unsold stock shall be removed from the booth and located in an approved
16 area immediately after close of business on each and. every day of operation.
17
18 g. All litter shall be removed on a daily basis.
19
20 h. The booth shall be removed from the temporary location and all litter shall be
21 removed by noon on July 8th.
22
23 i. All retail sales of state approved fireworks shall be permitted only from within a
24 temporary booth. Sales from any other building or structure are prohibited.
25
26 j. Approved banners or other barricades to prohibit parking within 20 feet of the
27 booth shall be provided.
28
29 k. No electrical devices or open flames are permitted within any booth.
30
31 I. Signs must be posted on each booth stating "No fireworks permitted in the
32 unincorporated areas of the County."
33
34 m. No person shall knowingly sell fireworks to any person under eighteen (18) years
35 of age. Proof that the fireworks booth permittee demanded, was shown, and
36 acted in reliance upon, bona fide evidence of age and identity in any sale of
37 fireworks prohibited by this section shall be a defense to any proceedings for
38 suspension or revocation of the permittee's state approved fireworks permit or a
39 criminal proceeding against the permittee for violations of this section. For
40 purposes of this section bona fide evidence of age and identity of purchaser shall
41 mean a document issued by a federal, state, county or municipal government
42 which contains a photograph and date of birth of the purchaser including, but
43 not limited to, a valid California Driver's License, or Identification Card issued to a
44 member of the Armed Forces. Signs shall be posted in conspicuous places on
45 and in the booth indicating "No Fireworks Sales to Persons Under the Age of 18 -
46 I.D. Required."
47
48 n. No person shall sleep or remain in any fireworks booth after close of business each
49 day or at any time when the booth is closed for business.
50
51 0. A fireworks booth need not comply with the provisions of the Building Code of the
52 City of Petaluma; provided, however, that every fireworks booth shall be erected
Ordinance No. 2291 N.C.S. Page 14
1 under the supervision of the Fire Chief who shall require that the fireworks booth
2 be constructed in a manner which will reasonably insure the safety of attendants
3 and patrons.
4
5 p. Each fireworks booth shall be provided with a minimum of one model 2AB10BC
6 fire extinguisher, in good working order and easily accessible for use in case of
7 fire.
8
9 q. No person shall smoke within twenty-five (25) feet of any safe and sane fireworks
10 booth. No person shall light, cause to be lighted or permit to be lighted any
11 fireworks or combustible material within fifty (50) feet of any state approved
12 fireworks booth.
13
14 1 1. Limitations on Places and Hours of Discharge.
15
16 a. It shall be unlawful for any person to discharge any state approved fireworks
17 except during the hours of noon to 10:00 p.m. on June 28th and 8:00 a.m. to 10:00
18 p.m. on the other days on which state approved fireworks may be sold, except
19 on July 4th when state approved fireworks may be discharged from 8:00 a.m. to
20 midnight.
21
22 b. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or
23 use, any state approved fireworks, or permit the ignition, discharge or projection
24 thereof, upon or over or onto the property of another without the property
25 owner's consent, or to ignite, discharge, project or otherwise fire or make use of
26 any state approved fireworks within, ten (10) feet of any residence, dwelling or
27 other structure listed as a place of habitation by human beings.
28
29 c. The use of state approved fireworks in the City of Petaluma shall be limited to
30 private property except as otherwise provided herein. No person shall ignite or
31 discharge any state approved fireworks on private open areas such as parks,
32 parking lots or vacant property, without the property owner's or his or her
33 designated agent's permission. No person shall ignite or discharge any state
34 approved fireworks on public or semi-public open areas such as parks, parking
35 lots or vacant property, excluding public streets and sidewalks, except as
36 authorized by the Director of Parks and Recreation and the Fire Department, and,
37 if applicable, the private property owner or his or her designated agent.
38
39 d. Any person who discharges fireworks on public or private property shall be
40 responsible for the removal of all spent fireworks debris and litter or rubbish
41 associated with the discharge of fireworks, and for disposition thereof in an
42 appropriate trash receptacle. Spent fireworks debris shall be allowed to cool for
43 at least 30 minutes or immersed in water before discarding to a trash receptacle.
44
45 e. No fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZ) of the
46 City, as established and approved by the Petaluma Fire Department with the
47 assistance of the California Department of Forestry and Fire Protection and within
48 the boundaries set forth on the FHSZ map approved by the City Council kept on
49 file in the Fire Marshal's Office. All fireworks booths shall post a notice of such
50 fireworks ban and a map designating the FHSZ restrictions, in the form provided
51 by the Fire Marshal's office. Booth operators shall advise persons purchasing state
Ordinance No. 2291 N.C.S. Page- 15
1 approved fireworks to review the notice and map and advise them of the
2 fireworks restrictions in the FHSZ.
3
4 f. Supervision of minors. It shall be unlawful for any person having the care, custody
5 or control of a minor (under 18 years of age) to permit such minor to discharge,
6 explode, fire or set off any dangerous, illegal fireworks at any time, or to permit
7 such minor to discharge or set off any state approved fireworks unless such minor
8 does so under the direct supervision of a person over eighteen (18) years of age
9 and during the hours and on the day permitted by this section.
10
11 12. Any permit issued under this section may be revoked by the Fire Chief in case of any
12 violation of this section or any terms or conditions of the permit. The City Council may
13 revoke said permit(s) and prohibit fireworks sales at such time as it deems necessary
14 to protect the health, safety and welfare of the citizens of the City of Petaluma.
15
16 Section 3309.3 is hereby added to read as follows:
17
18 3309.3 Storage of fireworks. The storage and use of fireworks inside buildings is prohibited.
19
20 Exception: State approved fireworks purchased by the public for individual or family use.
21
22 Section 3309.3.1 is hereby added to read as follows:
23
24 3309.3.1 Storage of safe and sane fireworks-Retail. The storage of state approved
25 fireworks by those conducting retail sales shall be in anon-combustible container or
26 magazine as approved by the Fire Marshal. The location of said storage shall be within
27 the City limits of Petaluma and be approved by the Fire Marshal.
28
29 Section 3309.3.2 is hereby added to read as follows:
30
31 3309.3.2 Prohibition against modification and discharge of state-approved fireworks. No
32 person shall modify, tamper with, disassemble, rearrange and/or combine the contents
33 or original packaging of any state-approved firework, nor in any way remove the original
34 packaging labels.
35
36 Section 3309.3.2.1 is hereby added to read as follows:
37
38 3309.3.2.1 Prohibition against possession, use, display or discharge of modified state-
39 approved fireworks. No person shall possess, use, display, discharge or explode any
40 state-approved firework that has been tampered with, disassembled and/or rearranged,
41 nor shall any person possess, use, display, discharge, explode or combine the contents of
42 multiple state-approved fireworks, or combine, tape or change the originally intended
43 purpose of state-approved fireworks.
44
45 Section 3309.2.2 is hereby added to read as follows:
46
47 3309.2.2 General prohibition against possession, sale or use of fireworks. Except as
48 otherwise provided in this chapter, no person shall possess, sell, use, display, discharge or
49 explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane wire core
50 sparkler, wooden core sparkler, black cartridge, or other combustible device or explosive
51 substance, or any kind of fireworks or dangerous fireworks by whatsoever name known
52 within the City of Petaluma.
Ordinance No. 2291 N.C.S. Page 16
1
2 Section 3309.3.2.2 is hereby added to read as follows:
3
4 3309.3.2.2 Prohibition Against Sale and Discharge of Piccolo Pete-type Fireworks.
5
6 A. Notwithstanding the provisions of Section 3309.2, no person shall sell, use, distribute,
7 give away or discharge, at any time, on any day, any "Piccolo Pete-type firework"
8 or any firework having substantially the same appearance and discharge
9 characteristics as any of these. Additionally, any retail sale, gift, or donation of any
10 "Piccolo Pete-type firework" (or any firework having substantially the same
11 appearance and discharge characteristics as any of these) shall be a violation of
12 this section.
13
14 B. Except as otherwise provided herein, it shall be lawful for any person to possess
15 and/or transport any "Piccolo Pete-type firework" within the City of Petaluma.
16
17 C. This section shall not apply to persons, businesses or entities licensed by the State Fire
18 Marshal as a wholesaler and/or import/export concern to legally possess or sell
19 fireworks, including those prohibited by this section, within the City for the primary
20 purpose of sale and distribution outside the City.
21
22 7. Chapter 47 -REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
23
24 Section 4707.1 is hereby added to read as follows:
25
26 4707.1 Defensible Space means the area within the perimeter of a parcel or
27 development where FHSZ protection practices are implemented, providing a key point
28 of defense from any approaching fire. These areas are characterized (but not limited to)
29 establishment and maintenance of emergency vehicle access, emergency water
30 supplies, street names, .building identification, and fuel modification measures.
31
32 Provisions for annual weed and brush abatement of the wildland-urban interface fire
33 area and the developed area shall be the responsibility of the developer or property
34 owner. A plan may be required that outlines the provisions for weed abatement and
35 shall be prepared by the property owner and/or developer. When required, the plan
36 shall include, but not be limited to, the following elements:
37
38 1. A defensible space of thirty feet (30') around all structures, either manmade or
39 natural, in which material capable of allowing fire to spread unchecked must be
40 cleared, treated or modified to slow the rate and intensity of an approaching
41 wildfire.
42
43 2. A ten-foot firebreak on each side of hillside roads or driveways used for emergency
44 access; such firebreaks may be landscaped with fire resistive vegetation.
45
46 3. Where required, fire breaks and/or disked trails up to thirty feet wide shall be identified
47 on the plan and maintained throughout the fire season; the location of such
48 breaks/trails shall be approved by the fire code official.
49
50 4. Other fire protection measures based on best management practices for wildfire
51 exposure protection as required by the fire code official.
52
Ordinance No. 2291 N.C.S. Page 17
1 Section 4708.1.3 is hereby deleted and replaced to read as follows:
2
3 4708.1.3 Applicability. New buildings for which a building permit is submitted on or after
4 January 1, 2008, that are located within any Moderate, High or Very High Fire Severity
5 Zone as designated by the Director of Cal Fire or in any Moderate, High or Very High Fire
6 Severity Zone as identified by the FHSZ map as defined in Section 17.20.040 of the
7 Petaluma Municipal Fire code shall comply with the following sections:
8
9 1. Section 4707 California Fire Code Defensible Space (moderate, high, very high).
10
11 2. Section 4710.1 California Fire Code and Section 704.A1, 2007 California Building
12 Code -Roofing (moderate, high, very high).
13
14 3. Section 4710.2 California Fire Code and Section 704.A2, 2007 California Building Code
15 -Attic Ventilation (moderate, high, very high).
16
17 4. Section 704A.3 2007 California Building Code -Exterior Walls (moderate, high, very
18 high.).
19
20 5. Section704.A4 -Decking, floor and under floor protection (high, very high).
21
22 6. Section 704.A4.2 -Underfloor and appendages protection (high, very high).
23
24 Section 4713 is hereby added read as follows:
25
26 4713 Ancillary buildings and structures. When required by the enforcing agency,
27 ancillary buildings and structures and detached accessory structures shall comply with
28 the provisions of this chapter.
29
30 8. APPENDIX CHAPTER 1
31
32 Section 105.6.1 l .l is hereby added to read as follows:
33
34 105.6.11.1 Day Care. An operational permit is required to operate a day care facility with
35 an occupant load of seven or more children.
36
37 Section 105.6.24.1 is hereby added to read as follows:
38
39 105.6.24.1 Institutional Occupancy. An operational permit is required to operate an
40 institutional occupancy, except a day care facility.
41
42 Section 105.6.39.1 is hereby added to read as follows:
43
44 105.6.39.1 Retail Sales of Fireworks. A operational permit to engage in the sales or
45 distribution of state approved fireworks is required.
46
47 Section 105.7.4.1 is hereby added to read as follows:
48 105.7.4.1 Fixed Extinguishing System. A construction permit is required. for the installation
49 of or modification to fixed extinguishing systems including but not limited to cooking,
50 protection of computers or other high. value items or systems other than fire sprinklers.
51
52 Section 105.7.9.1 is hereby added to read as follows:
Ordinance No. 2291 N.C.S. Page 18
1
2 105.7.9.1 Medical Gas Systems. A construction permit is required to install a medical gas
3 system.
4
5 Section 105.7.10 is hereby deleted and amended to read as follows:
6
7 105.7.10 Private Underground Fire Main Installations. A construction permit is required for
8 the installation of any private underground fire main to supply fire hydrant(s) and/or fire
9 sprinklers.
10
11 Section 108.1 is hereby deleted and replaced to read as follows:
12
13 Section 108.1.
14
15 A. Appeals. Whenever the Chief disapproves an application or refuses to grant a permit
16 applied for, or when it is claimed that the provisions of the code do not apply or that
17 the true intent and meaning of the code have been misconstrued or wrongly
18 interpreted, the applicant may appeal from the decision of the Chief to the board of
19 appeals, which is designated to be the board of building review as heretofore
20 established and appointed according to Chapter 17.08 of the Petaluma Municipal
21 Code, within thirty days from the date of the decision appealed. The Fire Chief shall
22 act as secretary of the board when it is hearing appeals concerned with the Fire
23 Code.
24
25 B. Fireworks Booth Sales Permits. Notwithstanding section A, the following appeals
26 procedure shall apply exclusively to permits for Fireworks Booths Sales under this
27 Code. Any person aggrieved by a decision of the Fire Chief, or his/her designee, to
28 disapprove an application, refuse to grant a permit, place conditions on a permit, or
29 revoke a fireworks booth sales permit shall have a right of appeal of the decision to
30 the City Manager, or his/her designee. Such appeal shall be taken by filing a written
31 notice of appeal with the City Clerk within ten days of the date of the decision. The
32 appeal shall set forth the grounds for the appeal and the name and address of the
33 person requesting the appeal. A failure to file a timely and complete appeal shall
34 render the decision final and conclusive. The City Manager shall, within ten days of
35 the filing of the appeal, set a time and place for a hearing on the appeal. The
36 appeal shall be set no less than five days after the filing of the appeal and no more
37 than sixty days after the filing of the appeal. The City Manager's determination
38 following the hearing shall be in writing and shall contain a statement of the facts
39 upon which the determination is based. The City Manager's determination shall be
40 sent first-class U.S. mail, postage prepaid to the person requesting the appeal, not
41 later than ten days following the date of such determination. The determination of
42 the City Manager shall be final and conclusive. (Ord. 2175 NCS §3, 2004: Ord. 1997
43 NCS § 1 (part), 1.995.)
44
45 Section 108.3 is hereby deleted in its entirety:
46
47 Section 109.3 is hereby deleted and replaced to read as follows:
48
49 109.3 Violation Penalties.
50
51 A. Any violation of the provisions of this section shall be a misdemeanor.
S2 Notwithstanding the preceding sentence, a violation of the provisions of this section
Ordinance No. 2291 N.C.S. Page 19
] may be charged and prosecuted as an infraction at the discretion of the City
2 Attorney's office or other enforcing authority.
3
4 B. Any person convicted of a misdemeanor under the provisions of this section shall be
5 punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment
6 in the county jail for a period of not more than six (6) months, or by both such fine
7 and imprisonment.
8
9 C. Any person convicted of an infraction under the provisions of this section shall be
10 punishable by a fine as follows:
11
12 l . Upon a first conviction, by a fine not exceeding five hundred dollars ($500.00), or
13 by court supervised community service, or by both such fine and. community
14 service.
15
16 2. Upon a second conviction, by a fine not exceeding one thousand dollars
17 ($1,000.00), or by court supervised community service, or by both such fine and
18 community service.
19
20 D. A person is guilty of a separate offense for each day during which he/she commits, or
21 continues or permits a violation of this chapter, or each time he/she disobeys a valid
22 order of an enforcement officer.
23
24 E. Nothing in this section shall prohibit a court from imposing restitution upon any person
25 convicted of a violation of the provisions of this section.
26
27 F. In addition to any other remedies available to the City under any applicable state or
28 federal statute or pursuant to any other lawful power the City may possess, any
29 violation of this chapter may be prosecuted or enforced as a nuisance and enforced
30 by a civil court action as provided in Chapter 1.13 of the Petaluma Municipal Code
31 or via administrative enforcement as a nuisance as provided in Chapter 1.14 of the
32 Petaluma Municipal Code as Chapters 1.13 and 1.14 may be amended from time to
33 time.
34
35 9. APPENDIX B -FIRE-FLOW REQUIREMENTS FOR BUILDINGS
36
37 Section B101.1 is hereby deleted and replaced to read as follows:
38
39 B101.1 Scope. The procedure for determining fire-flow requirements for buildings or
40 portions of buildings hereafter constructed shall be in accordance with this
41 appendix. This appendix does not apply to structures other than buildings. This
42 section applies to residential and commercial developments. Design and
43 construction shall be in accordance with the following sections unless otherwise
44 authorized by the fire code official in accordance with section 104.9, Alternative
45 materials and methods.
46
47 Section B 102.1 is hereby amended as follows:
48
49 FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square
50 inch (psi) (138 kPa) residual pressure, measured in the water main in the vicinity of
51 the flowing hydrant, that is available for fire fighting.
52
Ordinance No. 2291 N.C.S. Page 20
1 FLOOR AREA. The floor area used for calculating the required fire flow shall be the
2 total floor area of all floor levels within the exterior walls that are under the
3 horizontal projection of the roof, except as modified in Section B 104.3.
4
5 Section B 105.1 is hereby amended to read as follows:
6
7 B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one-
8 and two-family dwellings having afire-flow calculation area which does not
9 exceed 3,600 square feet X344.5 m2) shall be 1500 gallons per minute (5678.11
10 L/min). Fire-flow and flow duration for dwellings having afire-flow calculation area
11 in excess of 3,600 square feet (344.5 m2) shall not be less than that specified in
12 Table B 105.1.
13
14 Section B 105.2 is hereby deleted and replaced to read as follows:
15
16 B105.2 Buildings other than one- and two-family dwellings. The minimum fire-flow
l7 and flow duration for buildings other than one- and two-family dwellings shall be
18 as specified in Table B 105.1.
19
20 Exception: A reduction in required fire-flow of up to 50 percent, as approved, is
21 allowed when the building is provided with an approved automatic sprinkler
22 system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting
23 fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the
24 prescribed duration as specified in Table B105.1.
25
26 Table 8105.1 is hereby amended to read as follows:
27
28 Foot note A has been deleted.
29
30 10. APPENDIX C -FIRE HYDRANT LOCATIONS AND DISTRIBUTION
31
32 Section C101.1 is hereby deleted and replaced to read as follows:
33
34 C101.1 Scope. Fire hydrants shall be provided in accordance with this appendix
35 for the protection of buildings, or portions of buildings, hereafter constructed. This
36 section applies to residential and commercial developments. Single family
37 residential projects in approved rural areas shall comply with the Fire Safe
38 Standards. Design and construction shall be in accordance with the following
39 sections unless otherwise authorized by the fire code official in accordance with
40 section 104.9, Alternative materials and methods.
41
42 Section C 102.1 is hereby amended to read as follows:
43
44 C102.1 Fire hydrant locations. Where fire hydrants are required, they shall be
45 provided along required fire apparatus access roads and adjacent public streets.
46
47 Section C 105.1 is hereby amended to read as follows:
48
49 C105.1 Hydrant spacing. The average spacing between fire hydrants shall not
50 exceed that listed in Table C105.1.
51
Ordinance No. 2291 N.C.S. Page 21
1 Exception: The fire chief is authorized to-allow deviations from this section where
2 existing fire hydrants provide all or a portion of the required fire hydrant service.
3
4 Table C 105.1 is hereby amended to read as follows:
5
6 f. For commercial, industrial and multifamily residential dwellings average spacing shall
7 be no greater than 300 feet.
8
9 g. A Fire hydrant shall be located within 50 feet of the FDC, or as approved by the fire
10 code official.
I1
12 11. APPENDIX D -FIRE APPARATUS ACCESS ROADS
13
14 Section D 101.1 is hereby deleted and replaced to read as follows:
IS
16 D101.1 Scope. Fire apparatus access roads shall be in accordance with this
17 appendix as amended and all other applicable requirements of the International
18 Fire Code. This section applies to residential and commercial developments. Single
19 family residential projects in approved rural areas shall comply with the Fire Safe
20 Standards. Design and construction shall be in accordance with the following
21 sections unless otherwise authorized by the fire code official in accordance with
22 section 104.9, Alternative materials and methods.
23
24 Section D102.1 is hereby deleted and replaced to read as follows:
25
26 D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter
27 constructed shall be accessible to fire department apparatus by way of an
28 approved fire apparatus access road with an asphalt, concrete or other
29 approved driving surface capable of supporting the imposed load of fire
30 apparatus weighing at least 75,000 pounds (34050 kg) or as approved by the fire
31 code official.
32
33 Section D103.1 is hereby deleted.
34
35 Section D103.2 is hereby deleted and replaced to read as follows:
36
37 D103.2 Grade. The grade of fire apparatus access roads shall be in accordance
38 with the local agency requirement for public streets or as approved by the fire
39 chief.
40
41 Section D 103.3 is hereby deleted and replaced to read as follows:
42
43 D103.3 Turning radius. The minimum turning radius shall be determined by the fire
44 code official or as approved by local standards.
45
46 Section D103.4 is hereby deleted and replaced to read as follows:
47
48 D103.4 Dead ends. Dead-end fire apparatus access roads iri excess of 150 feet (45
49 720 mm) shall be provided with width and turnaround provisions in accordance
50 with the local agency requirements for public streets or as approved by local
51 standards.
52
Ordinance No. 2291 N.C.S. Page 22
1 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
1
2 SECTION 10. All former ordinances or parts thereof conflicting or inconsistent with the
3 provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed.
4
5 SECTION 11. If any section, subsection, sentence, clause or phrase or word of this
6 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
7 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
8 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
9 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
10 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
11 invalid.
12
13 SECTION 12. The City Council finds that this Ordinance is not subject to the California
14 Environmental Quality Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in
15 a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3)
16 (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
17 no potential for resulting in physical change to the environment, directly or indirectly.
18
19 SECTION 13. This ordinance shall become effective thirty (30) days after the date of its
20 adoption by the Petaluma City Council, and its provisions shall become applicable on January
21 1, 2008.
22
23 SECTION 14. The City Clerk is hereby further directed to post and publish this ordinance
24 or a synopsis of this ordinance for the period and in the manner required by the City Charter.
25
26 INTRODUCED and ordered posted/lisJae~ this 5th day of November, 2007.
27
28 ADOPTED this 19th day of November, 2007 by the following vote:
29
30 Ayes: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Torliatt
31
32 Noes: None
33
34 Abstain: None _
3 5
36 Absent: None
3 7 .~1~ ~ - ~
3E
39 Pa ela Torliatt, Ma or
40
41 ATTEST: APPRO D S TO ORM:
42
43
44 Claire Cooper, City Clerk Eric W. Danly, City Attorney
45
46
47
Ordinance No. 2291 N.C.S. Page 24
1 EXHIBIT "A"
2
3
4 FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
5 TO THE CALIFORNIA FIRE CODE, 2007 EDITION WITH CALIFORNIA
6 AMENDMENTS, DUE TO LOCAL CONDITIONS
7
8
9 CHANGES OR MODIFICATIONS: Pursuant to Section 1.7958 of the State of California Health and
10 Safety Code, the governing body of the City of Petaluma in its ordinance adopting and
11 amending the 2007 Edition of the California Fire Code, with California Amendments, changes or
12 modifies certain provisions of the State Building Standards Code as it pertains to the regulation of
13 buildings used for human habitation. A copy of the text of such changes or modifications is
14 attached.
15
16 FINDINGS: Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and
17 Safety Code, the governing body of the City of Petaluma has determined and finds that all the
18 attached changes or modifications are needed and are reasonably necessary because of local
19 climatic, geological and topographic conditions as discussed below.
20
21 LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
22 loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making
23 the changes or modifications in the California Fire Code and the State Building Standards Code
24 necessary in order to provide a reasonable degree of property security, and fire and life safety in
25 the City of Petaluma.
26
27 Below are adverse local climatic, geological and topographic conditions that necessitate the
28 modifications to the California Fire Code and State .Building Standards Code.
29
30 CLIMATIC
31
32 Precipitation: Precipitation ranges from 20 inches to approximately 25 inches per year.
33 Approximately ninety percent (90%) falls during the months of November through April, and 10%
34 from May through October. Severe flooding occurred during the months of January and March.
35 1995 and in 1998 and 2006.
36
37 Relative Humidity: Humidity generally ranges from 50% during daytime. 86% at night. It drops to
38 20% during the summer months and occasionally drops lower during the months of September
39 through November.
40
41 Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
42 summer highs are in the 78-85 degree range.
43
44 Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
45 every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
46 7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been
47 known to occur.
48
49 Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in
50 the community. Times of little or no rainfall, of low humidity and high temperatures create
51 extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires
52 and conflagrations. The winds experienced. in this area also adversely impact structure fires in
Ordinance No. 2291 N.C.S. Page 25
1 buildings in close proximity to one another. Winds can carry sparks and burning branches to
2 other structures, thus spreading the fire and causing conflagrations. In building fires, winds can
3 literally force fires back into the building and create a blowtorch effect, in addition to
4 preventing "natural" ventilation grid cross-ventilation efforts. Petaluma's downtown and
5 surrounding areas contain numerous historic and older buildings that are located very close
6 together, which exdcerbates the fire danger from dry conditions, wind, and shake/shingle roofs.
7
$ TOPOGRAPHIC
9
10 The topographic fire environment of a community is primarily a combination of two factors: The
11 area's physical geographic characteristics and the historic pattern of urban-suburban
12 development. These two factors, alone and combined, create a mixture of environments which
13 ultimately determine the areas' fire protection needs.
14
15 The basic geographical boundaries of the city include hills to the south and west, and valley
16 floor in the central area and to the north. and east. The Petaluma River bisects the city through
17 the central area. The City of Petaluma covers 13 square miles and contains an urban
18 population estimated at 57,000. The city's service area is a conglomeration of bay, plains, hills,
19 valleys, and ridges. Within the city are three fire stations and 56 fire personnel. Because of the
20 size of the City of Petaluma the characteristics of the fire environment changes from one
21 location to the next. For example, the central downtown area contains older buildings situated
22 close together, which increases the ability of fire to spread from one building to the next. In
23 contrast, some of the properties on the outlying hills are far apart, but contain large grassy
24 acreages that promote quickly-spreading wildfires during the long dry season.
25
26 The city's development pattern. also contributes to its unique fire protection needs.
27 Development has traditionally occurred on the flat lands (0 - 5% slope) in the central and
28 eastern portions of the city. However, over the last ten years, development has spread into the
29 hills and the smaller valleys and canyons. This development has significantly increased the
30 .service area for the city's fire department and added complicated logistical challenges for
31 getting fire equipment to remote fires or fires on steep hillsides. The majority of the hillsides in
32 these areas have slopes ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will
33 double as the slope percentage doubles, all other factors remaining the same.
34
35 The local vegetation further contributes to fire dangers in the city. Petaluma's semi-arid
36 Mediterranean-type climate produces vegetation similar to that of most of Sonoma County. In
37 the long periods of the year with little or no rain (April through October), this vegetation provides
38 ready fuel for fast-spreading wildfires.
39
40 Moreover, approximately half of all the structures in the city have combustible wood-shingle or
41 shake roofs. This very flammable material is susceptible to ignition by embers from a wild land
42 fire, furthering the spread of fire to adjacent buildings.
43
44 GEOLOGICAL
45
46 The above local topographic conditions enhance the magnitude, exposure, accessibility
47 problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
48 the potential of causing greater loss of life and damage than the earthquake itself.
49
50 The relatively young geological processes that have created the San Francisco Bay Area are still
51 active today. Two active earthquake faults (San Andreas and the Healdsburg-Rodgers Creek)
Ordinance No. 2291 N.C.S. Page 26
1 affect the Petaluma area. Approximately 50% of the city's land surface is in the high-to-
2 moderate seismic hazard zones.
3 The majority of the city's industrial complexes are located in the highest seismic risk zones. The
4 highest seismic risk zone also contains the largest concentration of hazardous materials.
5 Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest
6 number, should a significant seismic event occur. The city's resources would have to be
7 prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller single-
8 dwellings and structures.
9
10 Other variables that may intensify the fire danger after a major seismic event include:
11
12 The extent of damage to the water system
13 The extent of isolation due to bridge and/or freeway overpass collapse
14 o The extent of roadway damage and/or amount of debris blocking the roadways
15 Climatic conditions (hot, dry weather with high winds)
16 Time of day, which will influence the amount of traffic on roadways and could intensify
17 the risk of life during normal business hours
18 o The availability of timely mutual aid or assistance from neighboring departments, which
19 will likely have similar emergencies at the same time
20 The large portion of dwellings with wood shingle roof coverings, which will increase the
21 likelihood of conflagrations
22
23 CONCLUSION
24
25 Local climatic, geological and topographic conditions impact fire protection efforts, and the
26 frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
27 Further, they impact potential damage to all structures from earthquake and subsequent fire.
28 Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
29 mitigate the effects of the above conditions.
30
31 Furthermore, California Health & Safety Code jCHB~SC) Section 17958.7 requires that the
32 modification or change to which findings refer be expressly marked and identified. Therefore,
33 the following table provides code sections that will be modified by this ordinance which are
34 building standards gs defined in CH8~SC Section 18909, and the associated referenced
35 conditions for modification due to local climatic, geologic and topographical conditions.
36
37 Section Number Climatic (a~ Geologic L), Topographical Icl
38 503.2.6 a, b, c
39 503.2.7.1 a, b, c
40 508.3.1 a, b
41 508.5.1 a, b, c
42 508.5.1.1 b, c
43 705 c
44 901.6.1.1 a, b
45 903.2 a, b, c
46 903.2.1 a, b, c
47 903.2.2 a, b, c
48 903.2.3 a, b, c
49 903.2.4 a, b, c
50 903.2.5 a, b, c
51 903.2.6 a, b, c
52 903.3 a, b, c
Ordinance No. 2291 N.C.S. Page 27
1 903.3.7 a, b, c
2 903.4 a, b
3 4707.1 a, b, c
4 4713 a, b, c
5 Appendix Ch. 1 Sec. 105.7.10 a, b, c
6 Appendix Ch. 1 Sec. 104.3 a, b, c
7 Appendix Ch. 1 Sec. 104.1 1.4 a, b, c
8 Appendix Ch. 1 Sec. 105.2 a, b, c
9 Appendix Ch. B 101.1 a, b, c
10 Appendix Ch B 101.2 a, b, c
11 Table 8105.1 a, b
12 Table 8105.1 a, b
13 Table C 105.1 f a, b
14 Table C105.1 g a, b
15 Appendix Ch. D103.2 a, b, c
16 Appendix Ch. D103.3 a, b, c
17 Appendix Ch. D103.4 a, b, c
18 Appendix Ch. D103.6 a, b, c
19 Appendix Ch. D104.1 a, b, c
20 Appendix Ch. D104.2 a, b, c
21 Appendix Ch. D106.1 a, b, c
22 Appendix Ch. D107.1 a, b, c
23
24
25
26
27
2g
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Ordinance No. 2291 N.C.S. Page 28