HomeMy WebLinkAboutStaff Report 3.H 01/06/2020DATE:
TO:
FROM:
Agenda Item #3.H
January 6, 2020
Honorable Mayor and Members of the City Council through City Manager 4
Jessica Power, Fire Marshal
Doug Hughes, Building Official
SUBJECT: Adoption (Second Reading) of Ordinances of the City of Petaluma Adopting the
2019 Edition of the California Building Standards Code, California Code of
Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, 12, Amendments Thereto
Based on Local Climatic, Geological and Topographic Conditions and 2018
International Property Maintenance Code.
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinances of the City of Petaluma
Repealing Sections 17.04.010, and .020 of the Petaluma Municipal Code, entitled "Uniform Codes
for Construction and Regulation of Buildings and Structures" and Adding New Sections
17.04.010 and .020., Adopting by Reference the 2019 Edition of the California Building Standards
Code, California Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, 12, Amendments
Thereto Based on local Climatic, Geological and Topographic Conditions and the 2018
International Property Maintenance Code.
It is also recommended that the City Council adopt the attached Ordinances of the City of Petaluma
Repealing Sections 17.20.010, .040, .050, and .060 of the Petaluma Municipal Code, entitled "Fire
Code" and Adding New Sections 17.20.010, .040, .050, .060 and .070., Adopting by Reference
the 2019 Edition of the California Building Standards Code, California Code of Regulations Title
24, Parts 9 Amendments Thereto Based on local Climatic, Geological and Topographic Conditions
and the 2018 International Fire Code.
BACKGROUND
At the December 16, 2019 City Council meeting, the Council adopted urgency ordinances for local
amendments to the state triennial fire and building codes. The updates were adopted as urgency
ordinances due to the delay in adoption caused by the Kincade Fire and interruption to City services
caused by PG&E Public Safety Power Shutoffs. Along with the urgency ordinances, Council had
a first reading of a regular ordinance, to back up the urgency ordinances and repeal them upon
effectiveness of the regular ordinance. The first reading of the proposed local amendments to the
state building and fire code standards was passed by a unanimous vote of the Council members
present at that December meeting.
DISCUSSION
Building Code Updates
Included in this code update is an all -electric incentive, but not a mandatory all -electric code.
Unfortunately, all cost studies that have been completed and approved by the State Department of
Energy were based upon the base codes and do not include Green Building Tier One, which the
City has already adopted. Staff feel that reinstating the base codes would move the City backward
concerning sustainability of existing buildings, which are considerably less energy efficient than
new buildings. Additionally, more public outreach to stakeholders is desirable, as is review of the
effects of the power outage policies adopted by the State and PG&E.
With this code adoption, satisfaction of Green Building Tier II standards has been made
mandatory. Adopting Tier Two was facilitated by the rewriting of the Green Building checklist in
the code, which is now more accessible, and the standards are clearer and easier to understand,
making the transition to this level much more efficient. The City will be one of the few cities in
the State at the Tier Two level. Also included are increases in the EV parking requirements: 20%
of required parking for multi -family and hotels/motels projects, requirements for the installation
of laundry -to -landscape greywater valves in all new single-family homes and mandatory solar
requirements for all new construction.
Staff will continue to pursue adoption of an all -electric code thru a mid-cycle code update or
through other options such as restricting the installation of natural gas in new development as other
jurisdictions have done. It is the intent of the City to encourage All -Electric construction for new
Development by providing incentives such as allowing Tier One for all -electric construction, and
staff is currently reviewing potential incentives to encourage the use of the all -electric options in
future code adoptions. A mid code cycle adoption of an all -electric option will be pursued by staff.
. The development of Nano and Micro grids will also encourage and facilitate this option. Nano
grids are systems that contain one house household. Microgrids contain multiple property systems.
These systems are self-contained and contain power generation and power storage. One example
of this is photovoltaic and battery storage.
Highlights from this code update include:
1. Green Building Standards Tier Two Mandatory for dual energy buildings and Tier One for
all electric new low-rise residential construction. The option to go to all -electric
construction has been, and will remain, in the code. This incentive should help builders
who choose to use the all -electric option.
2. Electrical vehicle spaces and charger requirements have increased. The requirements for
single family will be for a 40amp circuit with wiring and overcurrent protection to be
installed. The receptacle or charger type will be installed by the homeowner, which
provides the homeowner the option of which type of charging system they prefer. Tier I
requirements have increased from 5% to 15% and 20% in Tier II for multi -family projects
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with the size limitation of the project removed. A new section requiring EV parking for
Hotel and Motels has been added to the code with the number of spaces based on the tables
A4.106.8.1 and 2.
3. Revises Chapter 12-16-1 to adopt current industry standards for earthquake -actuated
automatic gas shutoff valves. Revises Chapter 12-16-2 to adopt current industry standards
for excess flow actuated automatic gas shutoff valves.
4. New Code Section: Energy Storage Systems. Article 712, Direct Current
Microgrids (DC Microgrids)
5. Minimum 200 -amp electrical panel in all new single-family construction, we have removed
the development size exception, and 100 amp for all other dwelling types.
6. Gray water diversion valve for clothes washers. One of the issues with gray water diversion
was the opening of walls to install this valve, now the valve will be in place and the code
excepts gray water irrigations systems from permit requirements so home owners can use
the runoff from the washers whenever they choose.
Other Amendments and changes;
I. Photo -voltaic systems are now required with some exceptions. If the site has too much
shade or the structure cannot be orientated to receive optimal sunlight, then the exceptions
would apply.
2. Several appendices were added and or revised including Pools, Emergency Housing,
Strawbale Construction, Tiny Houses, Patio Covers and Existing Buildings. These
appendices broaden the code coverage of these types of construction and allow both time
tested and new styles to be used.
Fire Code Updates
Fire Code (and duplicated or related sections in the Building Code, Historical Building Code, and
Residential Code) changes and amendments:
Many the edits are standardization with the other Departments in Sonoma County that participated
in the County Fire Prevention Officers Standardization group. Some of this included minor
language changes that do not affect the intent of the code. A few areas included modifications that
changed the intent and application of the code:
• Additional permit sections include high-rise occupancies and cannabis. These two sections
were added in the event these occupancies are allowed within the next 3 years (code cycle).
• Several definitions were added to provide clarity.
• The Model Code added a Section regarding mobile food preparation vehicles. We have
deleted the entire section. Enforcement would be impracticable, and involve an excessive
amount of staff time.
• Additional language for Fire Department Access road marking was added to provide clarity
and consistency for properly marking of fire apparatus access roads to prevent obstruction.
• A definition of substantial Improvement was added. Substantial re -write of the chapter
was done to standardize with County FPO Standardization group. There are no significant
changes to application of ordinance.
• Model code now requires existing A-2 occupancies (Assemblies with over 300 people
occupant load) that have a liquor license to install an automatic fire sprinkler system. An
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analysis found that this affects only 3 buildings. The three buildings effected are Buffalo
Billiards at 246 Petaluma Boulevard North, VFW Petaluma Post 1929 at 1094 Petaluma
Boulevard South, and Herman Sons Hall Association at 860 Western Ave. Proposed
language would require these properties to comply with the downtown sprinkler ordinance
timeframes.
• Requirements have been added for buildings under construction. Additional requirements
were implemented for fire systems throughout the construction process. This requires that
fire protection system(s) come online throughout construction, as opposed to at
construction completion. This is industry standard due to the number of fires in buildings
under construction. This will assist in preventing complete loss of buildings under
construction, which has the potential to delay completion.
• Language has been added for cannabis growing, processing or extraction facilities to
comply with NFPA 1, Chapter 38. This is an established, national recognized standard that
is also recommended language from an industry professional and is being adopted
throughout the County. The provisions have been included for the same reason as the
permit, in case the City regulations for cannabis requirements and allowed businesses
change within the next 3 years.
• All language regarding Fireworks booth permitting has been moved to a separate
Explosives and Fireworks ordinance. No language has been modified in the separate
ordinance. Proposed changes to this ordinance are anticipated to be presented to the
Council in 2020.
• Language has been added to standardize with the County FPO standardization group for
gas detection. The new requirement requires activation of an audible and visible
supervisory alarm upon detection of a carbon dioxide concentration of 5,000 ppm and
activation of an audible and visible alarm within the room or immediate area where there
is detection of carbon dioxide concentration of 10,000 ppm.
• The County FPO standardization group language was added to prohibit installations of
above ground storage tanks or flammable cryogenic fluids that do not comply with
applicable land -use and zoning standards. No change of practice, only clarification of
requirements. In Chapter 57, a new section that allows on -demand mobile fueling
operations was deleted.
• Referenced standards have been modified in the following ways:
o NFPA 01-18, Chapter 38 was added and amended (cannabis chapter).
o NFPA 13D, revisions to the standard encompasses pump connections. The model
code does not provide sufficient language that clarifies how to install the pumps.
The County FPO Standardization group, including Building Officials developed
the language to provide for ease and efficiency of installation. Other modified
language was included to standardize with the County FPO Standardization group.
o Appendix B — Tables were added to clarify fire flow requirements, no change in
procedures.
o Appendix D — Current ordinance requires one- or two-family dwelling
developments to provide a second fire apparatus access road when the development
exceeds 50 units. The County FPO Standardization group has deleted the
exceptions and modified the ordinance to restore model code language, which sets
a 30 unit threshold. This proposed language is due to the changes in state law
surrounding Accessory Dwelling Units and Junior Dwelling Units.
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FINANCIAL IMPACTS
There are no direct fiscal impacts to the City resulting from the adoption of this Ordinance.
ATTACHMENTS
1. Adoption of an Ordinance of the California Building Standards
2. Adoption of an Ordinance of the California Fire Code
3. Adoption of an Ordinance of the Fireworks Code Ordinance
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ORDINANCE NO. 2708 N.C.S.
Introduced by
Attachment 1
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AN ORDINANCE
OF THE COUNCIL OF THE CITY OF PETALUMA ADOPTING BY REFERENCE THE 2019
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCLUDING: PART 1,
2019 CALIFORNIA ADMINISTRATIVE CODE; PART 2, 2019 CALIFORNIA BUILDING
CODE; PART 2.5 CALIFORNIA RESIDENTIAL CODE; PART 3, 2019 CALIFORNIA
ELECTRICAL CODE; PART 4 2019 CALIFORNIA MECHANICAL CODE; PART 5 2019
CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 8, 2019
CALIFORNIA HISTORICAL BUILDING CODE; PART 10, 2019 CALIFORNIA EXISTING
BUILDING CODE; PART 11 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE;
AND PART 12, 2019 CALIFORNIA REFERNCED STANDARDS CODE, LOCAL
AMENDMENTS TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING
STANDARDS CODE, 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE AND
REVISING SECTION 17.24 OF THE CITY OF PETALUMA MUNICIPAL CODE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
27 SECTION 1: REPEAL OF OLD BUILDING CODES
28 Sections 17.04.010, and .020 of the Petaluma Municipal Code, entitled "Uniform Codes for
29 Construction and Regulation of Buildings and Structures" are hereby repealed in their entireties.
30 SECTION 2: FINDINGS
31 The City Council of the City of Petaluma finds that in order to best protect the health, safety
32 and welfare of the citizens of the City of Petaluma, the standards of building within the City
33 must conform with state law except where local climatic, geological, and topographic
34 conditions warrant more restrictive regulations. Therefore, the City Council should adopt
35 the current state building codes, contained in California Building Standards Code Title 24,
36 and other uniform codes governing the construction and regulation of buildings and
37 structures with the modifications and amendments contained herein.
38 Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the
39 factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference,
40 and finds that the amendments made in this ordinance to the California Building Standards
41 Code Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 12 and the 2019 International Property
42 Maintenance Code are reasonably necessary because of the local climatic, geological or
43 topographical conditions described in Exhibit A.
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I SECTION 3: CURRENT BUILDING CODES ADOPTED
2 Chapter 17.04 of the Petaluma Municipal Code, entitled "California Codes based on
3 International Codes for Construction and Regulation of Buildings and Structures" is hereby
4 added to read as follows:
5 17.04.010: Adoption of California Codes based on International and Uniform Codes
6 Pursuant to Section 50022.2 of the California Government Code, the following codes are
7 adopted by reference, including the amendments listed in this chapter which are made
8 pursuant to the findings of fact set forth in the adopting ordinance.
9 A. Part 1-2019 California Administrative Code;
10 B. Part 2-2019 California Building Code based on the 2018 International Building Code,
11 including Chapters 3 1 B (Public Swimming Pools), 33 (Safeguards During Construction),
12 Appendix C (Group U -Agricultural Buildings), Appendix I (Patio Covers) and Appendix
13 J(Gradinz) in their entirety except as amended in Section 17.04.020;
14 C. Part 2.5 2019 California Residential Code based on the 2018 International Residential
15 Code including Appendix H (Patio Covers), Appendix J (Existing Buildings and
16 Structures), Appendix K (Sound Transmission), Appendix O (Automatic Vehicular Gates),
17 Appendix Q (Tiny Houses), Appendix R(light Straw -Clay Construction), Appendix S
18 (Strawbale Construction). Appendix V (Swimming Pool Safety Act) and Appendix X
19 (Emergency Housing) in their entirety except as amended in 17.04.020;
20 D. Part 3-2019 California Electrical Code based on the 2017 National Electrical Code;
21 E. Part 4-2019 California Mechanical Code based on the 2018 Uniform Mechanical Code
22 including Sections 101.0 through 118.1 of Chapter 1 inclusively (Administration);
23 F. Part 5-2019 California Plumbing Code based on the 2018 Uniform Plumbing Code
24 including Sections 101.1 through 103.1 of Chapter 1 inclusively (Administration);
25 G. Part 6-2019 California Energy Code;
26 H. Part 8-2019 California Historical Building Code;
27 I. Part 10-2019 California Existing Building Code based on the 2018 International Existing
28 Building Code;
29 J. Part 11-2019 California Green Building Standards Code at the Mandatory Level for all
30 Additions and Alterations and at the Tier Two level for all Wholly New Construction. For
31 new all -electric construction, Tier 1 is required. with the exception of Appendix A4 Divisions
32 A4.2 Energy Efficiency and Appendix A5 Division A5.2 Energy Efficiency both of which
33 are not adopted;
34 K. Part 12-2019 California Referenced Standards Code;
35 L. 2018 International Property Maintenance Code;
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I All references to permit fees in the codes to be adopted by reference will be deleted pursuant to the
2 ordinance prepared for this year's triennial building standards code adoption. Instead, the permit fees
3 applicable in Petaluma will be fixed by the fee schedules adopted by the city council via resolution.
4 17.04.020 Amendments Made in California Building Codes Parts 1, 2, 2.5, 3, 4, 5, 6, 7, 8, 10,
5 11, 12 and the 2018 International Property Maintenance Code
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7 Part 2 of the 2019 California Building Standards Code, California Building Code, as adopted in
8 section 17.04.010, is hereby amended to include the following additions, amendments and deletions:
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10 California Building Code
11 Section 105.2 (1) is hereby amended to read as follows:
12 105.2 (1): One-story detached accessory structures used as tool and storage sheds, playhouses and
13 similar uses, provided the floor area is not greater than one hundred twenty square feet (120' sq.)
14 (11 m2), there are no wall finishes such as, but not limited to, gypsum wallboard, plaster, stucco, or
15 paneling placed on any interior surface of any wall and/or partition, and no electrical, mechanical or
16 plumbing systems are contained within the structure.
17 Section 115 is hereby amended to read as follows:
18 115: Stop Work Orders
19 115.1 Authority. Whenever the building official finds any work regulated by this code being
20 performed in a manner that is contrary to the provisions of this code, without a permit, beyond the
21 scope of the issued permit, in violation of the Petaluma Municipal Code or Zoning Ordinance, or
22 dangerous or unsafe, the building official is authorized to issue a stop work order.
23 115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible location near
24 the location where the work is being conducted. If the owner or owner's agent is not on site at the
25 time of posting, a notice advising the reasons for the stop work order issuance shall be hand delivered
26 or mailed first-class to the owner of the property involved, or to the owner's agent, or to the person
27 doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The
28 stop work order shall state the reason for the order, the conditions under which the cited work will
29 be permitted to resume, and the name and contact information of the official or agency issuing the
30 order.
31 115.3 Unlawful Continuance. Any person who continues to engage in any work after having been
32 served with a stop work order, except such work as that person is directed to perform to remove a
33 violation or unsafe condition, shall be guilty of a misdemeanor.
34 115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop work order
35 without written consent of the Building Official shall be guilty of a misdemeanor.
1 115.5 Response Required. Violators receiving a stop work order are required to respond to the
2 Building Division within two (2) business days of the issued notice to receive instructions on how
3 to rescind the order.
4 115.6 Permit Application Required. A building permit application with construction or demolition
5 plans and supporting (structural calculations, energy calculations, handicapped access) documents
6 must be submitted for approval within fifteen (15) working days following response to the Building
7 Division. Plans will be reviewed, and correction letters issued or permit application approved within
8 fifteen (15) working days of receipt by the Building Division. A response to any correction letter
9 must be submitted within fifteen (15) working days of the date of the correction letter. Five working
10 days will be required to review this second submission and a permit approved for issuance. Permits
11 ready for issuance must be issued within 5 working days thereafter. All construction must be
12 inspected as work progresses and signed off by all (affected) departments within 60 days of building
13 permit issuance.
14 115.7—Fee. An additional fee of five times the permit fee shall be added to each permit subject to
15 a stop work order.
16 No person, firm or corporation shall erect, construct, repair or move any fences or walls as
17 required in this chapter without first obtaining a permit for such action from the building
18 official. To obtain the permit, the applicant shall file an application in writing on a form
19 furnished for that purpose by the building department. The fees for such permit shall be paid
20 to the building official. (Ord. 901 NCS §2: prior code §29.6.)
21 Chapter 2 — Definitions
22 Section 202 is amended to amend and add the following:
23 Nuisance Alarm. An unwarranted alarm caused by mechanical failure, malfunction, improper
24 installation or lack of proper maintenance, system servicing testing, construction activities, ordinary
25 household activities, false alarm, other cause when no such danger exists, or an alann activated by
26 a cause that cannot be determined.
27 Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
28 improvement of a building or structure that meet any of the following:
29 1. An existing building or structure not classified as Group R-3 occupancy, which
30 undergoes any addition of floor area that is equal to or exceeds 10 percent of the existing
31 gross floor area.
32 2. An existing Group R-3 building or structure, which undergoes any addition of floor area
33 that is equal to or exceeds 50 percent of the existing gross floor area.
34 3. An existing building or structure, which undergoes any alteration of floor area that is
35 equal to or exceeds 50 percent of the existing gross floor area.
36 4. A building or structure, which undergoes any combination of repair, reconstruction,
37 rehabilitation, alteration, addition or other improvement that is equal to or exceeds 50
38 percent of the existing gross floor area.
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1 5. If in the determination of the building official the structure has sustained substantial
2 damage, any repairs are considered substantial improvement regardless of the actual
3 repair work performed.
4 Wildland-Urban Interface Fire Area (WUI). [SFM] (See California Fire Code Section 4902 and
5 Chapter 7A, Section 702A of this code for defined term.)
6 Chapter 3 - Occupancy Classification
7 Section 306.2 is amended to add to the list of Moderate -hazard factory industrial groups the
8 following:
9 306.2 Moderate -hazard factory industrial, Group F-1.
10 Agricultural crop production including cultivation, drying, processing and/or storage
11 Chapter 5 — Fire Service Features
12 Section 505.1 is amended to read as follows:
13 505.1 Address Identification. New and existing buildings shall be provided with approved
14 illuminated or other approved means of address identification. The address identification shall be
15 legible and placed in a position that is visible from the street or road fronting the property.
16 Address identification characters shall contrast with their background. Address numbers shall be
17 Arabic numerals or alphabetic letters. Numbers shall not be spelled out. Character size and stroke
18 shall be in accordance with Section 505. 1.1 through 505.1.2. Where required by the fire code
19 official, address identification shall be provided in additional approved locations to facilitate
20 emergency response in accordance with this code and Section 505.1.3. Where access is by means
21 of a private road and the building cannot be viewed from the public way or when determined by
22 the fire code official, a monument, pole, or other approved sign or means shall be used to identify
23 the structure. Address identification shall be maintained.
24 Section 505. 1.1 is added to read as follows:
25 505.1.1 One and Two -Family Dwellings. Numbers for one and two-family dwellings shall be not
26 less than four inches (4") (101.6 mm) high with a minimum stroke width of 0.5 inches (12.7 mm).
27 Section 505.1.2 is added to read as follows:
28 505.1.2 Numbers for Other Than One- and Two -Family Dwellings. Each address identification
29 character shall not be less than twelve inches (12") high with a minimum stroke width of one inch
30 (1 "). Suite and unit directional numbers shall be not less than six inches (6") in height with a
31 minimum stroke width of three-quarter inch (0.75"). Individual unit numbers shall not be less than
32 four inches (4") in height with a minimum stroke width of one-half inch (1/2").
33 Section 505.1.3 is added to read as follows:
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1 505.1.3 Complex Directory. Where two (2) or more buildings cannot be viewed from the public
2 way or when detenmined by the Fire Code Official, an approved illuminated complex directory,
3 monument pole, or other approved
4 Chapter 7 — Fire Resistance -Rated Construction
5 Section 706 is added to read as follows:
6 706 Repair of Breaches of Non -Rated Walls/Ceilings in Fire Zone 1. Breaches, openings, holes or
7 other broken wall and ceiling areas in buildings in Fire Zone 1 (generally defined as the
8 Downtown Business District) as defined in Section 17.22 of the Petaluma Municipal Code shall be
9 repaired, restored or replaced when damaged, altered, breached, penetrated, removed or
10 improperly installed. Openings/breaches can be repaired with like material such as lath and plaster,
11 sheetrock, plywood or other reasonable barrier. The intent of this Section is to close
12 openings/breaches to limit the spread of fire and products of combustion in the downtown business
13 district buildings.
14 Chapter 9 — Fire Protection And Life Safety Systems
15 901.7.6.1 is added to read as follows:
16 901.7.6.1 Problematic and Unreliable Fire Alarms. The Fire Code Official may determine a fire
17 alarm to be unreliable upon receipt of three (3) nuisance alarms within a twelve-month period.
18 Upon making such a finding, the Fire Code Official may order the following:
19 (a) For any nuisance alarm where the system is not restored, the system owner must provide Fire
20 Watch Personnel in accordance with 403.12 or take such other measures as the Fire Code Official
21 deems appropriate. Such measures shall remain in place until a fire department approved fire alarm
22 maintenance firm certifies in writing to the Fire Code Official that the alarm system has been
23 restored to a reliable condition. The Fire Code Official may require such tests as he/she deems
24 necessary to demonstrate the adequacy of the system.
25 (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma fee schedule.
26 902.1 Definitions.
27 Section 902.1 is amended to add the following:
28 Substantial Improvement
29 Section 903.2 is amended to read as follows:
30 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures
31 shall be provided in the locations described in Sections 903.2.1 through 903.2.20. Approved
32 automatic sprinkler systems in existing buildings and structures shall be provided in locations
33 described in Section 903.6.
34 Exceptions:
35 1. Agricultural buildings as approved by the fire code official.
1 2. Detached accessory structures to Group R-3 not classified as a dwelling unit and not
2 exceeding 1,000 square feet -in gross floor area located at least 50 feet from applicable
3 building.
4 3. Detached non-combustible motor vehicle fuel dispensing canopies.
5 4. Detached Group U Occupancies not greater than 1,000 square feet.
6 5. Special occupancy aircraft hangar shade structures as approved by the fire code official,
7 unless required in NFPA 409.
8 903.2.1 Group A.
9 Section 903.2.1 is amended to read as follows:
10 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings
11 containing a Group A occupancy.
12 903.2.1.1 through 903.2.1.5.
13 Section 903.2.1.1 through 903.2.1.5 are deleted.
14 903.2.1.6 Assembly occupancies on roofs.
15 Section 903.2.1.6 is amended to read as follows, with deletion of the exception:
16 903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy
17 an automatic sprinkler system shall be provided throughout the building in accordance with
18 Section 903.3.1.1 or 903.3.1.2.
19 903.2.1.7 Multiple fire areas.
20 Section 903.2.1.7 is deleted.
21 903.2.2 Ambulatory care facilities.
22 Section 903.2.2 is amended to read as follows:
23 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be provided throughout
24 buildings containing an ambulatory care facility.
25 903.2.3 Group E.
26 Section 903.2.3 is amended to read as follows:
27 903.2.3 Group E. An automatic sprinkler system shall be provided throughout buildings
28 containing Group E occupancies. For public school state -funded construction projects or for public
29 school campuses, Kindergarten through 12th grade, see Section 903.2.19 through 903.2.20.
30 903.2.4 Group F.
31 Section 903.2.4 is amended to read as follows:
32 903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings
33 containing a Group F occupancy.
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1 903.2.4.1 Woodworking operations.
2 Section 903.2.4.1 is deleted.
3 903.2.5.1 Group H.
4 Section 903.2.5.1 is amended to read as follows:
5 903.2.5.1 Group H. An automatic sprinkler system shall be installed throughout buildings
6 containing Group H occupancies.
7 903.2.6.1 Group I-2
8 Section 903.2.6.1 is deleted.
9 903.2.6.2 Group I-3
10 Section 903.2.6.2 is amended to read as follows:
11 903.2.6.2 Group I-3. Every building where inmates or persons are in custody or restrained shall
12 be protected by an automatic sprinkler system conforming to NFPA 13. The main sprinkler
13 control valve or valves and all other control valves in the system shall be locked in the open
14 position and electronically supervised so that at least an audible and visible alarm will sound at a
15 constantly attended location when valves are closed. The sprinkler branch piping serving cells
16 may be embedded in the concrete construction.
17 903.2.7 Group M.
18 Section 903.2.7 is amended to read as follows:
19 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings
20 containing a Group M occupancy where the gross floor area exceeds 500 square feet.
21 903.2.8.1 Group R-3.
22 Section 903.2.8.1 is amended to read as follows:
23 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section
24 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one -
25 and two-family dwellings regardless of square footage in accordance with the -California
26 Residential Code. An automatic sprinkler system shall be installed in all mobile homes,
27 manufactured homes and multi -family manufactured homes with two or more dwelling units in
28 accordance with Title 25 of the California Code of Regulations.
29 903.2.9 Group S.
30 Section 903.2.9 is amended to read as follows:
31 903.2.9 Group S. An automatic sprinkler system shall be provided throughout buildings
32 containing a Group S occupancy.
33 903.2.9.1 through 903.2.9.2.
34 Section 903.2.9.1 through 903.2.9.2 is deleted.
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1 903.2.10 Group B.
2 Section 903.2. 10 is amended to read as follows:
3 903.2.10 Group B. An automatic sprinkler system shall be provided throughout buildings
4 containing a Group B occupancy where the gross floor area exceeds 500 square feet.
5 903.2.10.1 Commercial parking garage.
6 Section 903.2.10.1 is deleted.
7 903.2.11 Specific buildings areas and hazards.
8 Section 903.2.11 is amended to read as follows:
9 903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U
10 occupancies not greater than 1,000 square feet, an automatic sprinkler system shall be installed for
11 building design or hazard -in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.
12 903.2.11.3 exception #1 & #2 deleted.
13 Section 903.2.11.3 exceptions #1 & #2 are deleted.
14 903.2.11.7 High -piled storage.
15 Section 903.2.11.7 is added to read as follows:
16 903.2.11.7 High -piled storage. An automatic sprinkler system shall be provided throughout
17 buildings containing high -pile combustible storage.
18 903.2.11.8 Undetermined use design
19 Section 903.2.11.8 is added to read as follows:
20 903.2.11.8 Undetermined use design. Automatic sprinkler systems installed in buildings or
21 structures of undetermined use shall be designed and installed to have a minimum density of .33
22 gallons per minute per square foot over a minimum design area of 3,000 square feet.
23 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies.
24 Section 903.2.18 is amended to read with the exception being deleted:
25 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies. Carports
26 with habitable space above and attached garages, accessory to Group R-3 occupancies, shall be
27 protected by residential fire sprinklers in accordance with this section. Residential fire sprinklers
28 shall be connected to, and installed in accordance with, an automatic residential fire sprinkler
29 system that complies with R313 of The California Residential Code or with NFPA 13D. Fire
30 sprinklers shall be residential sprinklers or quick -response sprinklers, designed to provide a
31 minimum density of 0.05 gpm/ft' over the most hydraulically demanding area of the structure, but
32 not to exceed two sprinklers for hydraulic calculations purposes. Garage doors shall not be
33 considered obstructions with respect to sprinkler placement.
34 Section 903.3 is amended as follows:
14
1 903.3 Installation Requirements. Sprinkler systems shall be designed and installed in accordance
2 with NFPA-13, NFPA-13R (if approved by the Fire Code Official) and NFPA-13D. Pursuant to
3 Section 102.7.1 and Section 105.1.4, the Fire Code Official may require additional sprinkler
4 coverage to mitigate certain conditions such as access or water supply issues.
5 Section 903.3.1 is amended to read:
6 903.3.1 Design Criteria. Fire sprinkler systems installed in buildings of undetermined use shall be
7 designed and installed to have a design density of .33 gallons per minute per square foot over a
8 minimum design area of three thousand square feet (3,000' sq.). Where a subsequent occupancy
9 change requires a system with greater capacity, it shall be the building owners' responsibility to
10 upgrade the system to the required density and meet any additional requirements of the Fire Code
11 at the time of such change.
12 Section 903.3.7 is amended to read as follows:
13 903.3.7 Fire Department Connections. The location of fire department connections (FDCs) shall
14 be within fifty feet (50') of a fire hydrant or as approved by the Fire Code Official. Approved
15 locking caps shall be provided on any existing FDCs found to be vandalized and on new FDCs
16 when determined by the Fire Code Official to be necessary because of site specific conditions or
17 hazards.
18 Section 903.3.9 is amended to read as follows:
19 903.3.9 Floor control valve. Floor control valve and waterflow detection assemblies shall be
20 installed at each floor where any of the following occur:
21 1. Buildings where the floor level of the highest story is located more than 30 feet above the
22 lowest level of fire department access.
23 2. Buildings that are three or more stories in height.
24 3. Buildings that are two or more stories below the highest level of fire department access.
25 Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection
26 assemblies shall not be required
27 903.4 Sprinkler System Monitoring and Alarms. Except for Group R, Division 3 Occupancies,
28 all valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels,
29 temperatures, critical air pressure and water flow switches shall be electronically supervised.
30 Valves when used for standpipes are excluded from this provision unless required by the Fire Code
31 Official.
32 Section 903.4.2 is amended to read as follows:
33 903.4.2 Alarms. One (1) exterior approved audible device shall be connected to every automatic
34 fire sprinkler system in an approved location. The Fire Code Official may require one (1) exterior
35 audible and visual device connected to an automatic fire sprinkler system in an approved location
36 based on site specific conditions. Such sprinkler water flow alarm devices shall be activated by
37 water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the
38 system. Where a building fire alarm system is installed, actuation of the automatic fire sprinkler
39 system shall actuate the building fire alarm system.
15
903.6 Where required in existing buildings and structures.
2 Section 903.6 is amended to read as follows:
3 903.6 Where required in existing buildings and structures. An automatic sprinkler system shall
4 be provided throughout existing buildings and structures where required in Chapter 11 and as
5 required in this section.
6 Exception: Alterations made solely for the purpose of providing barrier removal pursuant to the
7 requirements of the American Disabilities Act (ADA) as contained in exception #4 of Section
8 CBC 11B-204.2.
9 903.6.1 Buildings that undergo a substantial improvement.
10 903.6.2 Changes of Occupancy. When any change of occupancy occurs where the proposed new
11 occupancy classification is more hazardous based on fire and life safety risks as determined by the
12 Fire Code Official including, but not limited to, the conversion of residential buildings to
13 condominiums, the building shall meet the fire sprinkler requirements for a newly constructed
14 building.
15 903.6.3 Residential Conversions. Fire sprinkler systems shall be installed in all single-family
16 dwellings that are converted to duplexes and/or multi -family dwellings, bed and breakfasts, inns,
17 lodging houses or similar uses. Fire sprinkler systems shall be installed in all conversions of a
18 detached garage into living space or sleeping space.
19 903.6.4 Elevation of Existing Buildings. An automatic fire extinguishing system shall be installed
20 throughout all existing buildings when the building is elevated to three (3) or more stories or more
21 than thirty-five feet (35') in height, from grade to the exposed roof.
22 Exceptions: An automatic fire -extinguishing system need not be provided when the area above
23 thirty-five feet (35') is provided for aesthetic purposes only and is a non -habitable space.
24 903.6.5 Installation of Automatic Fire Sprinklers in Pre -Existing Buildings (Historic
25 Downtown Business District).
26 1. Geographic Boundary - Historic Downtown Business District: For the purposes of this section,
27 the Historic Downtown Business District shall include all buildings located inside the geographic
28 area generally formed by Kentucky Street to the west, Washington Street to the north, the
29 Petaluma River to the east and B Street to the south. Also included in this section is 201
30 Washington Street (Phoenix Theater) and 132 Keller Street, as more particularly described in
31 Figure 1003.2.12.
16
2 2. Installation Requirements: An automatic sprinkler system conforming to the Standard for the
3 Installation of Sprinkler Systems (NFPA-13) shall be installed in all existing buildings in the
4 Historic Downtown Business District in accordance with the following criteria:
5 2.1. Kentucky Street and Western Avenue:
6 2.1.1. In any building wherein a change of occupancy occurs.
7 2.1.2. In any building or occupancy where the square footage of the building or occupancy is
8 increased or alterations to the structure are made pursuant to Section 903.6 of this Ordinance.
9 2.1.3. All buildings with basements or space below street grade used for storage, business or public
10 use shall have automatic fire sprinklers installed within the basements or the below street grade
11 areas no later than December 31, 2010.
12 2.1.4. All buildings not meeting the criteria of 2. 1.1 or 2.1.2 above shall have automatic fire
13 sprinklers installed throughout the structure, including all public, private, storage and/or concealed
14 spaces, as defined by the Standard for the Installation of Sprinkler Systems (NFPA-13) by no later
15 than December 31, 2016.
16 2.2. Petaluma Boulevard North: An appropriately sized water main and laterals were installed by
17 the City of Petaluma on August 9, 2017. Automatic fire sprinkler requirements became effective
18 and are required to be installed by the dates listed in the sections below. Notice has been sent by
19 the City of such installation requirement, an automatic sprinkler system conforming to the
20 Standard for the Installation of Sprinkler Systems (NFPA-13) shall be installed according to the
21 following criteria:
22 2.2.1. In any building wherein a change of occupancy occurs.
17
1 2.2.2. In any building or occupancy where the square footage of the building or occupancy is
2 increased or alterations to the structure are made pursuant to Section 903.6 of this Ordinance.
3 2.2.3. All buildings with basements or space below street grade used for storage, business or public
4 use shall have automatic fire sprinklers installed within the basements or the below street grade
5 areas, no later than December 31, 2023.
6 2.2.4. All buildings not meeting the criteria of 2.2.1 or 2.2.2 above shall have automatic fire
7 sprinklers installed throughout the structure, including all public, private, storage and/or concealed
8 spaces, as defined by the Standard for the Installation of Sprinklers (NFPA-13), no later than
9 December 31, 2029.
10 2.3. Property Owner's Responsibility for System Installation:
11 2.3.1. The Property Owner shall be responsible for installation of the lateral service from the curb
12 line into the building. This also includes isolation, check or other valves or devices, as applicable.
13 2.3.2. The Property Owner shall be responsible for the installation of the automatic fire sprinkler
14 system according to the Standard for the Installation of Sprinkler Systems (NFPA-13).
15 2.4. Plans and Specifications: Plans and Calculations (NFPA-13, Chapter 8) for the service lateral
16 and fire sprinkler system shall be submitted to and approved by the Fire Prevention Bureau prior to
17 installation of equipment and materials.
18 2.4.1. For the Kentucky Street installations that are required on or before December 31, 2010 or
19 December 31, 2016, all Plans and Calculations for service lateral and sprinkler systems shall be
20 submitted no later than June 30, 2010 or June 30, 2016 respectively, with installation and approval
21 of work to occur prior to December 31, 2010 or December 31, 2016 respectively.
22 2.4.2. For Petaluma Boulevard North installations that are required on or before December 31,
23 2023 or December 31, 2029 all Plans and Calculations for service lateral and sprinkler systems
24 shall be submitted no later than June 30, 2023 or June 30, 2029 respectively, with installation and
25 approval of work to occur prior to December 31, 2023 or December 31, 2029 respectively.
26 Section 905.3.1 is amended to read as follows:
27 905.3.1 Building Height. Class I standpipes shall be installed in buildings three stories or over in
28 height and/or if, in the opinion of the Fire Chief, a hazard or condition exists in which the
29 installation of standpipes would improve firefighting operations. Standpipes will be provided with
30 approved outlets provided on each floor level, including the roof when roof access is provided.
31 Section 905.9: exception 2 is deleted.
32 Section 907.8.5.1 is added to read as follows:
33 907.8.5.1 Fire Alarm Service Stickers/Tags. Upon completion of each annual fire alarm service,
34 the fire alarm contractor providing the service shall affix a sticker or tag to the main fire alarm
35 panel which indicates the name of the fire alarm company and the date of the service.
36 Chapter 15 — Roof Assemblies And Rooftop Structures
37 Section 1505.1 is amended to read as follows:
IN
1 1505.1 General. Roof assemblies shall be minimum Class A roof assemblies. Class A roof
2 assemblies and roof coverings required to be listed by this section shall be tested in
3 accordance with ASTM E 108 or UL 790. In addition, fire -retardant -treated wood roof
4 coverings shall be tested in accordance with in accordance with ASTM D2898.
5 Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
6 Table 1505.1 is deleted.
7 Section 1505. 1.1 is amended to read as follows, with the exception deleted:
8 1505.1.1 Roof coverings within very -high fire hazard severity zones, state responsibility areas
9 and all other areas. The entire roof covering of every existing structure where more than 50
10 percent of the total roof area is replaced within any one-year period, the entire roof covering of
11 every new structure and any roof covering applied in the alteration, repair or replacement of the
12 roof of every existing structure, shall be fire -retardant covering that is at least Class A.
13 Sections 1505.1.2 and 1505.1.3 are deleted.
14 Sections 1505.3 and 1505.5 are deleted.
15 Section 1505.6 is amended to add the following exception:
16 Exception: Fire -retardant -treated wood shingles and shakes are prohibited in wildland-urban
17 interface areas.
18 Table 1505.7 is amended to add the following exception:
19 Exception: Fire -retardant -treated wood shingles and shakes are prohibited in wildland-urban
20 interface areas.
21 Chapter 35 — Referenced Standards
22 Chapter 35 is amended as follows:
23 NFPA 13-16: Standard for the installation of Sprinkler Systems as amended"
24 **NFPA 13, additional amended sections as follows:
25 Revise Section 25.5.1 as follows:
26 25.5.1 The installing contractor shall identify a hydraulically designed sprinkler system with
27 permanently raised, stamped or etched marked weatherproof metal or ridged plastic sign secured
28 with corrosion resistant wire, chain, or other approved means. Such signs shall be placed at the
29 alarm valve, dry pipe valve, preaction valve, or deluge valve supplying the corresponding
30 hydraulically designed area. Pipe schedule systems shall be provided with a sign indicating that
31 the system was designed and installed as a pipe schedule system and the hazard classification(s)
32 included in the design.
33 Chapter 80, NFPA, 13D-16 is amended as follows:
19
I NFPA 13D-16 - Standard for the installation of Sprinkler Systems in One- and Two -Family
2 Dwellings and Manufactured Homes NFPA 13D, Amended additional Sections as follows:
3 Revise Section 5.1.1.2 to read as follows:
4 NFPA 13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the premises so
5 that any sprinklers that have operated or been damaged in any way can be promptly replaced.
6 Add Section 5.1.1.2.1 as follows:
7 NFPA 13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature ratings of the
8 sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types
9 and ratings installed.
10 Add Section 5.1.1.2.2 as follows:
11 NFPA 13D.5.1.1.2.2. The sprinklers shall be kept in a mounted and accessible cabinet located
12 where the temperature to which they are subjected will at no time exceed the maximum ceiling
13 temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within the cabinet.
14 Add Section 5.1.1.2.3 as follows:
15 NFPA 13D.5.1.1.2.3. One sprinkler wrench as specified by the sprinkler manufacture shall be
16 provided in the cabinet for each type of sprinkler installed to be used for the removal and
17 installation of sprinklers in the system.
18 NFPA 13D 6.2.1
19 Revise Section 6.2.1 as follows:
20 6.2.1 Where a pump is the source of pressure for the water supply for a fire sprinkler system but is
21 not a portion of the domestic water system, the following shall be met:
22 (1) A test connection shall be provided downstream of the pump that creates a flow of
23 water equal to the smallest sprinkler K -factor on the system.
24 (2) Pump motors using ac power shall be rated for 240 V and wired in accordance with
25 the NEC (NFPA 70).
26 (3) Any disconnecting means for the pump shall be approved.
27 (4) The pump shall be located not less than 1 1/2 inch off the floor.
28 (5) Exterior pumps shall be installed in a well ventilated, weather protected area or
29 shelter.
30 NFPA 13D 6.2.2
31 Revise Section 6.2.2 as follows:
M1
1 6.2.2 Where a well, pump, tank or combination thereof is the source of supply for a fire sprinkler
2 system, the configuration for the system shall be one of the following:
3 (1) The water supply shall serve both domestic and fire sprinkler systems.
4 (a) A test connection shall be provided downstream of the pump that creates a flow of
5 water equal to the smallest sprinkler on the system. The connection shall return
6 water to the tank.
7 (b) Any disconnecting means for the pump shall be approved.
8 (c) A method for refilling the tank shall be piped to the tank.
9 (d) A method of seeing the water level in the tank shall be provided without having to
10 open the tank.
11 (e) The pump shall be located not less than 1 1/2 inch off the floor.
12 (f) Exterior pumps shall be installed in a well ventilated, weather protected area or
13 shelter.
14 (2) A stand-alone fire sprinkler system is permitted if the following conditions are met:
15 (a) The pump shall be connected to a 220 -volt circuit breaker shared with a common
16 household appliance (e.g., range, oven, dryer), or have a power failure alarm
17 installed acceptable to the Authority Having Jurisdiction that provides an audible
18 and visual signal within the residence at an approved location. The alarm and
19 components shall be listed by an approved agency.
20 (b) The pump shall be a stainless steel 240 -volt pump,
21 (c) A valve shall be provided to exercise the pump. The discharge of the exercise valve
22 shall drain to the tank, and
23 (d) A sign shall be provided stating: "Valve must be opened monthly for 5 minutes."
24 (e) A means for automatically refilling the tank level, so that the tank capacity will
25 meet the required water supply duration in minutes, shall be provided.
26 (f) A test connection shall be provided downstream of the pump that creates a flow of
27 water equal to the smallest sprinkler on the system. The connection shall return
28 water to the tank.
29 (g) Any disconnecting means for the pump shall be approved.
30 (h) A method for refilling the tank shall be piped to the tank.
31 (i) A method of seeing the water level in the tank shall be provided without having to
32 open the tank.
33 0) The pump shall be located not less than 1 '/Z inch off the floor.
34 (k) Exterior pumps shall be installed in a well ventilated, weather protected area or
35 shelter.
21
I Revise Section 7.6 to read as follows:
2 NFPA.13D.7.6 A local water flow alarm shall be provided on all sprinkler systems on the exterior
3 of the home within 10 feet of the riser location, or as approved by the fire code official.
4 Revise Section 8.3.4 to read as follows:
5 NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open attached porches,
6 detached carports with no habitable space above, and similar structures unless otherwise required
7 by the California Building, Residential or Fire Codes.
8 Add Section 8.3.5.2 to read as follows:
9 NFPA.13D.8.3.5.2 At least one quick -response intermediate temperature residential sprinkler shall
10 be installed above attic access openings.
11 NFPA 13R-16 - Standard for the installation of Sprinkler Systems in Residential
12 Occupancies up to and including Four Stories in Height
13 NFPA 13R, Amended additional Sections as follows:
14 NFPA 13R-16 6.6.6.1
15 Add Section 6.6.6.1 as follows:
16 6.6.6.1 At least one quick -response intermediate temperature residential sprinkler shall be installed
17 within 5 feet and above attic access openings.
18 NFPA.72-16 — National Fire Alarm and Signaling Code
19 NFPA 72, Amended additional Sections as follows:
20 NFPA 72-7.5.6.1
21 Revise Section 7.5.6.1 as follows:
22 7.5.6.1 The record of completion shall be documented in accordance with 7.5.6 using the record of
23 completion forms, Figure 7.8.2(a) through Figure 7.8.2(f).
24 NFPA 72-7.6.6
25 Revise Section 7.6.6 as follows:
26 7.6.6 The record of all inspection, testing and maintenance as required by 14.6.2.4 shall be
27 documented using the record of inspection and testing forms, Figure 7.8.2(g) through Figure
28 7.8.2(1).
W
I Add Section 14.7 as follows:
2 14.7 Labels and Tags.
3 14.7.1 Labels or tags shall be used on fire alarm systems and shall be placed on the outside of the
4 fire alarm control unit.
5 14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.
6 14.7.3 The following information shall be printed on the labels and tags approved by the fire code
7 official:
9 2. Concern Name/Company Name
10 3. Concern Physical Address
11 4. Concern Phone Number
12 5. License Number (State of California Contractor State License Board License)
13 6. Date of service or testing and maintenance
14 7. Space or line for signature of person performing or supervising the servicing shall be
15 placed on the tag or label
16 14.7.4 When service or testing and maintenance is performed, the initial date of service or testing
17 and maintenance, the printed name and signature of the person performing or supervising the
18 service shall be placed on the tag or label.
19
20
21
22
23
24
25
26
27
28
29
30
14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarm system
except when servicing or testing and maintenance is performed.
14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be
attached to any fire alarm system.
14.7.7 The Label or tag conforming to this section shall be securely attached to each fire alarm
system at the time of servicing or testing and maintenance.
14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all
deficiencies have been corrected.
14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSI/UL 969, Standard
for Marking and Labeling Systems, 4th edition, 1995, which is hereby incorporated by reference.
Historic Buildiniz Code
Section 8-410.1 is amended to read as follows: (exception added)
23
I Exception: Historical Buildings within the Historic Downtown Business District shall comply with
2 Petaluma Municipal code Section 903.6.5
3 California Residential Code
4 Chapter 2 — Definitions
5 Section R202, General Definitions is amended to amend and add the following:
6 Kitchen. Kitchen shall mean an area used, or designated to be used, for the preparation of food.
7 The area shall include a sink, and permanent provisions for food preparation and cooking.
8 Cooking appliance(s) shall be permanently fixed in place, provided with greater than 120 V
9 electrical circuit, or fuel gas outlet.
10 Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
11 improvement of a building or structure that meet any of the following:
12 1. An existing building or structure not classified as Group R-3 occupancy, which undergoes
13 any addition of floor area that is equal to or exceeds 10 percent of the existing gross floor
14 area.
15 2. An existing Group R-3 building or structure, which undergoes any addition of floor area that
16 is equal to or exceeds 50 percent of the existing gross floor area.
17 3. An existing building or structure, which undergoes any alteration of floor area that is equal
18 to or exceeds 50 percent of the existing gross floor area.
19 4. A building or structure, which undergoes any combination of repair, reconstruction,
20 rehabilitation, alteration, addition or other improvement that is equal to or exceeds 50
21 percent of the existing gross floor area.
22 5. If in the determination of the building official the structure has sustained substantial
23 damage, any repairs are considered substantial improvement regardless of the actual repair
24 work performed.
25 Wildland-Urban Interface Fire Area (WUI). [SFM] (See California Fire Code Section 4902 and
26 Chapter 3, Section R337.2A of this code for defined term.)
27 Chapter 3 — Building Planning
28 Section R309.6 exception is deleted:
29 Section R313.1 is amended to read as follows, with the exception deleted:
30 R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
31 system shall be installed in townhouses and multi -family manufactured homes with two or more
32 dwelling units in accordance with Title 25 of the California Code of Regulations.
33 Exceptions:
34 1. Detached accessory structures to Group R-3 not classified as a dwelling unit and not
35 exceeding 1,000 square feet -in gross floor area located at least 50 feet from applicable
36 building.
El
1 2. Detached Group U Occupancies not greater than 1,000 square feet.
2 Section R337.1.1 is amended to read as follows:
3 R313.1.2 Substantial improvement. An automatic fire sprinkler system shall be provided
4 throughout al townhouses that undergo a substantial improvement.
5 Section R313.2 is amended to read as follows, with the exception deleted:
6 R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
7 residential fire sprinkler system shall be installed in townhouses. Group R-3 occupancies permitted
8 under this code shall be provided throughout regardless of square footage with an automatic
9 sprinkler system inclusive of all mobile homes, manufactured homes and multi -family
10 manufactured homes with two or more dwelling units in accordance with Title 25 of the California
11 Code of Regulations.
12 Exception:
13 1. Accessory Dwelling Unit, provided that all of the following are met:
14 1.1. The unit meets the definition of an Accessory Dwelling Unit as defined in the
15 Government Code Section 65852.2.
16 1.2. The existing primary residence does not have automatic fire sprinklers.
17 1.3. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
18 1.4. The unit is on the same lot as the primary residence.
19 1.5. The accessory dwelling unit is not attached to garages or has habitable space
20 above carports.
21 1.6. The accessory dwelling unit meets the requirements of California Fire Code,
22 Sections 503. 1.1 and 507.5.1.
23 3. Detached accessory structures to Group R-3 not classified as a dwelling unit and not
24 exceeding 1,000 square feet -in gross floor area located at least 50 feet from applicable
25 building.
26 4. Detached Group U Occupancies not greater than 1,000 square feet.
27 Section R337.1.1 is amended to read as follows:
28 R313.2.2 Substantial improvement. An automatic fire sprinkler system shall be provided
29 throughout all one- and two-family dwellings that undergo a substantial improvement.
30 Section 337.2A amends the following definition:
31 Wildland-Urban Interface Fire Area. A geographical area identified by the City of Santa Rosa
32 as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code, Sections 4201
33 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by
34 the enforcing agency to be at a significant risk from wildfires, as designated on the map titled
35 Wildland-Urban Interface Fire Area, dated January 28, 2009.
36 Chapter 9 — Roof Assemblies
37 Section R902.1 is amended to read as follows:
W
I R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Section
2 R904 and R905. A minimum Class A roofing shall be installed in all areas. Class A roofing
3 required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
4 Exceptions:
5 1. Class A roof assemblies include those with coverings of brick, masonry and
6 exposed concrete deck.
7 2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets
8 and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.
9 3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets
10 installed over combustible decks.
11 4. Class A roof assemblies include slate installed over underlayment over combustible
12 decks.
13 Section R902.1.1 is amended to read as follows:
14 R902.1.1 Roof coverings within very -high fire hazard severity zones, state responsibility
15 areas and all other areas. The entire roof covering of every existing structure where more than 50
16 percent of the total roof area is replaced within any one-year period, the entire roof covering of
17 every new structure and any roof covering applied in the alteration, repair or replacement of the
18 roof of every existing structure, shall be fire -retardant covering that is at least Class A.
19 Sections R902.1.2 and R902.1.3 are deleted.
20 Section R902.2 is amended to add the following exception:
21 Exception: Fire -retardant -treated wood shingles and shakes are prohibited in wildland-urban
22 interface areas.
23 Table R902.4 is amended to add the following exception:
24 R902.4 Rooftop -mounted photovoltaic panel systems. Rooftop -mounted photovoltaic panel
25 systems installed on or above the roof covering shall be tested, listed and identified with a fire
26 classification in accordance with UL 1703 and UL 2703. Class A photovoltaic panel systems and
27 modules shall be installed in all areas, in jurisdictions designated by law as requiring their use.
28 Chapter 44 — Referenced Standards
29 Chapter 44 is amended as follows:
30 13-16: Standard for the installation of Sprinkler Systems as amended"
31 **NFPA 13, additional amended sections as follows:
32 Revise Section 25.5.1 as follows:
33 25.5.1 The installing contractor shall identify a hydraulically designed sprinkler system with
34 permanently raised, stamped or etched marked weatherproof metal or ridged plastic sign secured
35 with corrosion resistant wire, chain, or other approved means. Such signs shall be placed at the
M
I alarm valve, dry pipe valve, preaction valve, or deluge valve supplying the corresponding
2 hydraulically designed area. Pipe schedule systems shall be provided with a sign indicating that
3 the system was designed and installed as a pipe schedule system and the hazard classification(s)
4 included in the design.
5 Chapter 80, NFPA, 13D-16 is amended as follows:
6 NFPA 13D-16 - Standard for the installation of Sprinkler Systems in One- and Two -Family
7 Dwellings and Manufactured Homes NFPA 13D, Amended additional Sections as follows:
8 Revise Section 5.1.1.2 to read as follows:
9 NFPA 13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the premises so
10 that any sprinklers that have operated or been damaged in any way can be promptly replaced.
11 Add Section 5.1.1.2.1 as follows:
12 NFPA 13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature ratings of the
13 sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types
14 and ratings installed.
15 Add Section 5.1.1.2.2 as follows:
16 NFPA 13D.5.1.1.2.2. The sprinklers shall be kept in a mounted and accessible cabinet located
17 where the temperature to which they are subjected will at no time exceed the maximum ceiling
18 temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within the cabinet.
19 Add Section 5.1.1.2.3 as follows:
20 NFPA 13D.5.1.1.2.3. One sprinkler wrench as specified by the sprinkler manufacture shall be
21 provided in the cabinet for each type of sprinkler installed to be used for the removal and
22 installation of sprinklers in the system.
23 NFPA 13D 6.2.1
24 Revise Section 6.2.1 as follows:
25 6.2.1 Where a pump is the source of pressure for the water supply for a fire sprinkler system but is
26 not a portion of the domestic water system, the following shall be met:
27
(1)
A test connection shall be provided downstream of the pump that creates a flow of water
28
equal to the smallest sprinkler K -factor on the system.
29
(2)
Pump motors using ac power shall be rated for 240 V and wired in accordance with the
30
NEC (NFPA 70).
31
(3)
Any disconnecting means for the pump shall be approved.
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(4)
The pump shall be located not less than 1 1/2 inch off the floor.
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(5)
Exterior pumps shall be installed in a well ventilated, weather protected area or shelter.
34 NFPA 13D 6.2.2
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I Revise Section 6.2.2 as follows:
2 6.2.2 Where a well, pump, tank or combination thereof is the source of supply for a fire sprinkler
3 system, the configuration for the system shall be one of the following:
4 (1) The water supply shall serve both domestic and fire sprinkler systems.
5 (a) A test connection shall be provided downstream of the pump that creates a flow of
6 water equal to the smallest sprinkler on the system. The connection shall return
7 water to the tank.
8 (b) Any disconnecting means for the pump shall be approved.
9 (c) A method for refilling the tank shall be piped to the tank.
10 (d) A method of seeing the water level in the tank shall be provided without having to
11 open the tank.
12 (e) The pump shall be located not less than 1 1/2 inch off the floor.
13 (f) Exterior pumps shall be installed in a well ventilated, weather protected area or
14 shelter.
15 (2) A stand-alone fire sprinkler system is permitted if the following conditions are met:
16 (a) The pump shall be connected to a 220 -volt circuit breaker shared with a common
17 household appliance (e.g., range, oven, dryer), or have a power failure alarm
18 installed acceptable to the Authority Having Jurisdiction that provides an audible
19 and visual signal within the residence at an approved location. The alarm and
20 components shall be listed by an approved agency.
21 (b) The pump shall be a stainless steel 240 -volt pump,
22 (c) A valve shall be provided to exercise the pump. The discharge of the exercise valve
23 shall drain to the tank, and
24 (d) A sign shall be provided stating: "Valve must be opened monthly for 5 minutes."
25 (e) A means for automatically refilling the tank level, so that the tank capacity will
26 meet the required water supply duration in minutes, shall be provided.
27 (f) A test connection shall be provided downstream of the pump that creates a flow of
28 water equal to the smallest sprinkler on the system. The connection shall return
29 water to the tank.
30 (g) Any disconnecting means for the pump shall be approved.
31 (h) A method for refilling the tank shall be piped to the tank.
32 (i) A method of seeing the water level in the tank shall be provided without having to
33 open the tank.
34 0) The pump shall be located not less than 11/2 inch off the floor.
I (k) Exterior pumps shall be installed in a well ventilated, weather protected area or
2 shelter.
3 Revise Section 7.6 to read as follows:
4 NFPA.13D.7.6 A local water flow alarm shall be provided on all sprinkler systems on the exterior
5 of the home within 10 feet of the riser location, or as approved by the fire code official.
6 Revise Section 8.3.4 to read as follows:
7 NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open attached porches,
8 detached carports with no habitable space above, and similar structures unless otherwise required
9 by the California Building, Residential or Fire Codes.
10 Add Section 8.3.5.2 to read as follows:
11 NFPA.13D.8.3.5.2 At least one quick -response intermediate temperature residential sprinkler shall
12 be installed above attic access openings.
13 NFPA 13R-16 - Standard for the installation of Sprinkler Systems in Residential
14 Occupancies up to and including Four Stories in Height
15 NFPA 13R, Amended additional Sections as follows:
16 NFPA 13R-16 6.6.6.1
17 Add Section 6.6.6.1 as follows:
18 6.6.6.1 At least one quick -response intermediate temperature residential sprinkler shall be installed
19 within 5 feet and above attic access openings.
20 NFPA.72-16 — National Fire Alarm and Signaling Code
21 NFPA 72, Amended additional Sections as follows:
22 NFPA 72-7.5.6.1
23 Revise Section 7.5.6.1 as follows:
24 7.5.6.1 The record of completion shall be documented in accordance with 7.5.6 using the record of
25 completion forms, Figure 7.8.2(a) through Figure 7.8.2(f).
26 NFPA 72-7.6.6
27 Revise Section 7.6.6 as follows:
28 7.6.6 The record of all inspection, testing and maintenance as required by 14.6.2.4 shall be
29 documented using the record of inspection and testing forms, Figure 7.8.2(8) through Figure
30 7.8.2(1).
Q
I NFPA 72 14.7
2 Add Section 14.7 as follows:
3 14.7 Labels and Tags.
4 14.7.1 Labels or tags shall be used on fire alann systems and shall be placed on the outside of the
5 fire alarm control unit.
6 14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.
7 14.7.3 The following information shall be printed on the labels and tags approved by the fire code
8 official:
9 8. The words "DO NOT REMOVE BY ORDER OF THE FIRE CODE OFFICIAL"
10 9. Concern Name/Company Name
11 10. Concern Physical Address
12 11. Concern Phone Number
13 12. License Number (State of California Contractor State License Board License)
14 13. Date of service or testing and maintenance
15 14. Space or line for signature of person performing or supervising the servicing shall be
16 placed on the tag or label
17 14.7.4 When service or testing and maintenance is performed, the initial date of service or testing
18 and maintenance, the printed name and signature of the person performing or supervising the
19 service shall be placed on the tag or label.
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14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarm system
except when servicing or testing and maintenance is performed.
14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be
attached to any fire alarm system.
14.7.7 The Label or tag conforming to this section shall be securely attached to each fire alarm
system at the time of servicing or testing and maintenance.
14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all
deficiencies have been corrected.
14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSI/UL 969, Standard
for Marking and Labeling Systems, 0' edition, 1995, which is hereby incorporated by reference.
Appendix J Existing Building And Structures
30
I Section aj 102. 10 is added to read as follows:
2 AJ102.10. Automatic fire sprinkler systems shall be required for all substantial improvements in
3 accordance with Chapter 3, Section R313 or NFPA 13D as determined by the fire co
4 Electrical Code
5 Article 220.1, add `A service rated at 200 amps shall be provided for all new single family
6 dwellings.'
7 Article 225.39(C) is modified to read:
8 (C) One -Family Dwelling. For a one -family dwelling, the feeder disconnecting means shall
9 have a rating of not less than 200 (4-00) amperes, 3 -wire. All other dwelling types shall have a
10 rating of not less than 100 amperes.
11 Plumbin4 Code
12 Section 422.2 is amended to add exception:
13 (4) Separate facilities shall not be required in small restaurant eating and drinking
14 establishments with a total occupant load of 25 or less. One toilet facility designed for use by
15 no more than one person at a time, shall be permitted for use by both sexes.
16 Gray Water Diversion Valve as described in Section 1503.1.1 shall be installed in all new
17 Residential Construction at the clothes washer drain connection.
18 Enm4v Code
19 Section 110.10(a)1. `All single-family residences shall comply with the requirements of
20 Sections 110.10(b) through 110.10(d).'
21 Green Building
22 Division A4.2 and Appendix A5 Division A5.2 Energy Efficiency are not adopted.
23 17.24.020 Gates. Every gate or door opening to a swimming pool enclosure, including gates
24 or doors which provide access from breezeways and garages, and other auxiliary structures,
25 shall be equipped with a self-closing and self -latching device designed to keep, and capable of
26 keeping, such door or gate securely closed at all times when not in actual use. Such latching
27 shall be placed at least fifty-four (54") inches above the ground level or otherwise made
28 inaccessible to small children. (Ord. 901 NCS §2: prior code §29.2.)
29 17.24.080 Permit Required- Fee. No person, firm or corporation shall erect, construct, repair
30 or move any fences or walls as required in this chapter without first obtaining a pen -nit for such
31 action from the building official. To obtain the permit, the applicant shall file an application in
32 writing on a form furnished for that purpose by the building department. The fees for such
33 permit shall be paid to the building official. (Ord. 901 NCS §2: prior code §29.6.)
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31
I FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
2 TO THE CALIFORNIA BUILDING, RESIDENTIAL, HISTORICAL, AND ELECTRIC
3 CODES, 2019 EDITION WITH CALIFORNIA
4 AMENDMENTS, DUE TO LOCAL CONDITIONS
5
6 CLIMACTIC
7 Precipitation: Precipitation ranges from twenty inches (20") to approximately twenty-five inches
8 (25") per year. Approximately ninety percent (90%) falls during the months of November through
9 April, and ten percent (10%) from May through October. Severe flooding occurred during the
10 months of January and March, 1995 and in 1998 and 2006.
11 Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and eighty -
12 six percent (86%) at night. It drops to twenty -percent (20%) during the summer months and
13 occasionally drops lower during the months of September through November.
14 Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
15 summer highs are in the 78-85 degree range.
16 Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
17 every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
18 7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known
19 to occur.
20 Soils: Much of Petaluma has "Adobe" type soil. This soil has very high clay content and is
21 extremely expansive. With Petaluma's dry summers and wet winters, the moisture content of the
22 soil varies greatly during the course of the year. This moisture content change causes
23 expansion/contraction of the clay soil. This expansion/contraction can place significant loads on
24 concrete slabs and foundation systems making some "standard" foundation methods/materials
25 inappropriate for the local conditions encountered.
26 TOPOGRAPHIC
27 The topographic environment of a community is primarily a combination of two (2) factors: the
28 area's physical geographic characteristics and the historic pattern of urban -suburban development.
29 These two (2) factors, alone and combined, create a mixture of environments which ultimately
30 determine the needs of the City of Petaluma's Building regulations.
31 The basic geographical boundaries of the city include hills to the south and west, and valley floor in
32 the central area and to the north and east. The Petaluma River bisects the city through the central
33 area. The City of Petaluma covers 13 square miles, including an urban population estimated at
34 58,000. The city's service area is a conglomeration of bay, plains, hills, valleys, and ridges.
35 GEOLOGICAL
36 The relatively young geological processes that have created the San Francisco Bay Area are still
37 active today. Two (2) active earthquake faults (San Andreas and the Hayward -Rodgers Creek) affect
38 the Petaluma area. Approximately fifty percent (50%) of the city's land surface is in the high -to -
39 moderate seismic hazard zones.
32
I Many of the soils found throughout the City of Petaluma are highly expansive adobe type soils.
2 The combination the highly expansive nature of these soils along with the long dry summers
3 followed by a compressed rainy season create high stresses on building foundation systems, as such
4 some simpler types of foundation systems are not adequate for these soils conditions.
5 As there are no "isolated, self contained" areas within City limits the Grading Permit exception
6 J103.2 (1) was removed for clarity.
8 Changes to the Stop Work Order section are made to more clearly explain the Stop Work Order
9 process and to establish the penalties for violations of this section.
10 DEFINITION CLARIFICATION
11 Due to code enforcement problems in the past, the description of buildings not requiring permits was
12 expanded to help clarify when permits are/are not required.
13 CONTINUITY
14 All the amendments to Chapters 7 and 9 of Part II (Building Code) of the California Building
15 Standards Codes contained in this Ordinance are made so that they reflect amendments to chapters
16 7 and 9 of Part 9 (Fire Code) of the California Building Standards Code made through a separate
17 Ordinance sponsored by the Fire Marshals Office.
18 Section 17.24 of the Petaluma Municipal Code has been amended to clear up conflicting language.
19 SUMMARY
20 These local climatic conditions affect the pressures applied to concrete flatwork and foundations
21 beyond the strength of welded wire fabric reinforcement material.
22 The population and housing density increased the dangers of accidental drowning's thus requiring
23 the need to have taller swimming pool barriers.
24 CONCLUSION
25 The local climactic and geological conditions have necessitated these minor modifications to the
26 Title 24 California Building Standards Codes.
27 SECTION 4: SEVERABILITY If any part of this Ordinance is for any reason held to be
28 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
29 decision will not affect the validity of the remaining parts of this Ordinance. The City
30 Council of the City of Petaluma hereby declares that it would have passed and adopted this
31 Ordinance and each of its provisions irrespective of any part being held invalid.
32 SECTION 5: CEQA The City Council finds that this Ordinance is not subject to the
33 California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
34 CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably
35 foreseeable indirect physical change in the environment, and pursuant to Section
36 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in
37 Section 15378) of the CEQA Guidelines.
33
I SECTION 6: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall
2 become effective thirty (30) days after the date of its adoption by the Petaluma City Council.
3 SECTION 7: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed
4 to post and/or publish this ordinance or a synopsis of it for the period and in the manner
5 required by the City Charter. The City Clerk is also hereby directed to file a Notice of
6 Exemption concerning this ordinance with the Office of the Sonoma County Clerk in
7 accordance with Section 15062 of the CEQA Guidelines.
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INTRODUCED and ordered posted/published this day of , 2019.
ADOPTED this day of , 2019 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Claire Cooper, City Clerk
, Mayor
99 11TOWTA1WW'%V Ilea IM 11140V_
Eric Danly, City Attorney
34
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ORDINANCE NO. 2709 N.C.S.
Introduced by
Attachment 2
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING AND REPLACING SECTIONS 17.20.010, 17.20.040, 17.20.050
AND 17.20.060 OF THE PETALUMA MUNICIPAL CODE TO ADOPT THE
2019 CALIFORNIA FIRE CODE, CALIFORNIA BUILDING STANDARDS
CODE, TITLE 24, PART 9, BASED ON THE 2018 EDITION OF THE
INTERNATIONAL FIRE CODE, INCLUDING LOCAL AMENDMENTS
TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING
STANDARDS CODE
18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
19 SECTION 1: REPEAL OF OLD FIRE CODES
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Sections 17.20.010, .040, .050, and .060 of the Petaluma Municipal Code, entitled "Fire Code" is
hereby repealed in its entirety.
SECTION 2: FINDINGS
The City Council of the City of Petaluma finds that in order to best protect the health, safety
and welfare of the citizens of the City of Petaluma, the standards of building within the City
must conform with state law except where local climatic, geological, and topographic
conditions warrant more restrictive regulations. Therefore, the City Council should adopt
the current state fire codes, contained in California Building Standards Code Title 24, and
other state codes governing the construction and regulation of buildings and structures with
the modifications and amendments contained herein.
Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the
factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference,
and finds that the amendments made in this ordinance to the California Building Standards
Code Title 24, Parts 9 is reasonably necessary because of the local climatic, geological or
topographical conditions described in Exhibit A.
SECTION 3: CURRENT FIRE CODES ADOPTED
Chapter 17.20 of the Petaluma Municipal Code, entitled "Fire Code" is hereby added to read as
follows:
17.20.010: Adoption of California Building Standards Code, Title 24, Part 9, 2019 California
Fire Code, incorporating the 2018 Edition of the International Fire Code
17.20.040: Establishment of fire hazard severity zone(s) (FHSZs)
35
17.20.050 Amendments made in the California Fire Code
2 17.20.060 New Materials, processes or occupancies which may require permits
3 Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted
4 by reference, including the amendments listed in this chapter which are made pursuant to the findings
5 of fact set forth in the adopting ordinance.
6 A. Part 9-2019 California Fire Code;
•' • UNW114JAMD U@1119 • •
8 17.20.010 Adoption of California Building Standards Code, Title 24, Part 9, 2019 California
9 Fire Code, incorporating the 2018 Edition of the International Fire Code.
10 There is hereby adopted by the city of Petaluma for the purpose of prescribing regulations
11 governing conditions hazardous to life and property from fire, hazardous materials or explosion
12 that certain code and standards known as the California Code of Regulations Title 24,
13 Part 9, 2019 California Fire Code (CFC), incorporating the 2018 Edition of the International Fire
14 Code, including appendices, Chapter 4, A, B, BB, C, CC, D, E, F, G, H, I, N, and O published by
15 the International Code Council and the California Building Standards Commission, being
16 particularly the 2019 Edition California Fire Code (CFC) and the whole thereof, save and except
17 such portions as are hereinafter deleted, added or amended by this chapter. Not less than one copy
18 of said code has been and is now filed in the office of the clerk of the city and the same is adopted
19 and incorporated as fully as if set out at length herein and the provisions thereof shall be
20 controlling within the limits of the city. (Ord. _ NCS §3, 2019.)
21 17.20.040 Establishment of fire hazard severity zone(s) (FHSZs).
22 A. Limits related to Chapter 49 of the California Fire Code Requirements for Wildland-Urban
23 Interface Fire Areas as Amended and Adopted by City of Petaluma. Chapter 49 shall apply to all
24 real property with newly constructed buildings within the city of Petaluma located within the
25 FHSZ as designated by the chief and the fire resources assessment program (FRAP) map published
26 by Cal Fire and as amended by the chief. A map of such areas is maintained in the office of the fire
27 prevention bureau.
28 (Ord. 2586 NCS §4, 2016.)
29 17.20.050 Amendments made in the California Fire Code.
30 Chapter 1—Scope and Administration
31 Section 10 1. 1 is amended to read as follows:
32 101.1 Title. This chapter shall be known as the "2019 California Fire Code," including the
33 appendices and may be cited and referred to as such.
34 Section 102.3 is amended to read as follows:
35 102.3 Change of Use or Occupancy. No change shall be made in the use or occupancy of any
36 structure that would place the structure in a different division of the same group or occupancy or in
37 a different group of occupancies, unless such structure is made to comply with the requirements of
38 this code, the California Building Code as adopted by the City of Petaluma City Council (City
36
I Council). Subject to the approval of the Fire Code Official, the use or occupancy of an existing
2 structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in
3 other groups without conforming to all the requirements of this code, the California Building Code
4 as adopted by the City Council for those groups, provided the new or proposed use is less
5 hazardous, based on life and fire risk, than the existing use.
6 Section 102.7.3 is added to read as follows:
7 102.7.3 Supplemental Rules, Regulations and Standards. The Fire Code Official is authorized
8 to render interpretations of this code and to make and enforce rules and supplemental regulations
9 and to develop Fire Prevention Standards to carry out the application and intent of its provisions.
10 Section 103. 1.1 is added to read as follows:
11 103.1.1 General. Where this code refers to the Department of Fire Prevention, the Fire Prevention
12 Bureau will be inserted. Where this code refers to the Fire Marshal, the Fire Code Official will be
13 inserted.
14 Section 104.3 is amended to read as follows:
15 104.3 Right of Entry.
16 (a) The Fire Chief, or his/her authorized representative in the performance of duties herein
17 prescribed, shall have the right to enter upon and into any and all premises under his/her
18 jurisdiction, at all reasonable hours for the purpose of inspecting the same to determine whether or
19 not the provisions of this code and all applicable laws or Ordinances pertaining to the protection of
20 persons and property from fire, explosion or exposure to hazardous materials are observed therein.
21 Provided, however, that an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of
22 Civil Procedure be first secured where entry is refused, except in an emergency situation. No
23 owner, occupant or any other person having charge, care or control of any building or premises
24 shall fail or neglect, after proper request is made as herein provided to promptly permit entry
25 therein by the Chief or his/her authorized representative for the purpose of inspection and
26 examination pursuant to this code.
27 (b) The Fire Chief, and his/her duly authorized representative, shall have the authority to enter any
28 building, or premises for the purpose of extinguishing or controlling any fire, performing rescue
29 operation, investigating the existence of suspected or reported fires, gas leaks or other hazardous
30 conditions or taking any other action necessary in the reasonable performance of their duty.
31 Section 104.11.4 is added to read as follows:
32 104.11.4 Charges. The expense of securing any emergency that is within the responsibility for
33 enforcement of the Fire Chief as given in Section 104.11 is a charge against the person who caused
34 the emergency. Damages and expenses incurred by any public agency having jurisdiction or any
35 public agency assisting the agency having jurisdiction shall constitute a debt of such person to the
36 City and shall be collectable by the Fire Chief for proper distribution in the same manner as in the
37 case of an obligation under an expressed or implied contract. Expenses as stated above shall
38 include, but not be limited to, equipment and personnel committed and any payments required by
39 the public agency to outside business firms requested by the public agency to secure the
40 emergency, monitor remediation and clean up the site.
41 Section 105.1.1.1 is added to read as follows:
37
1 105.1.1.1 New Materials and Permits. The Fire Chief and the Fire Code Official may act as a
2 committee to determine and specify any new regulated materials, and shall establish processes or
3 occupancies requiring permits in addition to those enumerated in this code. The Fire Chief or
4 designee shall post such list in a conspicuous place in the office, and distribute copies thereof to
5 interested persons. Permits under this section shall be administered in accordance with Section
6 105.
7 Section 105.6.8 (Table 105.6.8) is amended to read as follows:
Table: 105.6.8
Permit Amounts for Compressed Gases
Type of Gas Amount (cubic
feet at NTP)
Inert and simple asphyxiate 2,000
Oxidizing (including 200
Oxygen)
8 Section 105.6.52 is added to read:
9 105.6.52 Local Permits. In addition to the permits required by section 105.6, the following
10 pen -nits shall be obtained from the Fire Prevention Bureau prior to engaging in the following
11 activities, operations, practices or functions:
12 1. Apartment, Hotel, or Motel. An operational permit is required to operate an apartment house,
13 hotel, or motel.
14 2. Care Facilities. An operational permit is required to operate a care facility as listed:
15 2.1. Day care with an occupant load greater than six (6) persons.
16 2.2. Residential or commercial institutional care facility, occupancies complying with Health and
17 Safety Code Section 13235 are exempt.
18 5. High-rise occupancy. An operational pen -nit is required to operate a high-rise building as
19 defined in Title 24, Part 2, California Code of Regulations.
20 6. Cannabis. Operational permits are required to operate a cannabis facility or operation
21 listed below:
22 a. Cultivation
23 b. Distribution
24 c. Manufacturing
25 d. Testing/lab
26 7. Emergency responder radio system. An operational permit is required to operate an
27 Emergency Responder Radio System.
Section 105.7. 1.1 is added to read as follows:
2 105.7.1.1 Fixed Extinguishing System. A construction permit is required for the installation of or
3 modification to fixed extinguishing systems including but not limited to protection of cooking
4 equipment, protection of computers or other high value items or systems other than fire sprinklers.
5 Section 105.7.11.1 is added to read as follows:
6 105.7.11.1 Medical Gas Systems. A construction permit is required to install a medical gas
7 system.
Section 105.7.19 is amended to read as follows:
9 105.7.19 Private Fire Hydrants and Underground Fire Main Installations. A construction
10 permit is required for the installation of any private fire hydrants and/or underground fire mains to
11 supply fire hydrant(s) and/or fire sprinklers. Emergency repairs shall comply with 105.1.4
12 Section 106.6 is added to read as follows:
13 106.6 Cost recovery. Fire suppression, investigation or emergency medical costs are recoverable
14 in accordance with Health and Safety Code Sections 13009 and 13009. 1, as may be amended from
15 time to time. Additionally, any person(s) who negligently, intentionally or in violation of law
16 causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or
17 flammable or combustible fluids or chemicals is liable for the costs of securing such emergency,
18 including those costs pursuant to Government Code Section 53150, et seq, as may be amended
19 from time to time. Any expense incurred by the Santa Rosa Fire Department for securing such
20 emergency shall constitute a debt of such person(s) and shall be collectable by the Santa Rosa Fire
21 Department in the same manner as in the case of an obligation under contract, expressed or
22 implied.
23 Section 109.1 is amended to read as follows:
24 Section 109.1 Appeals
25 (a) Appeals. Whenever the Fire Chief disapproves an application or refuses to grant a permit
26 applied for, or when it is claimed that the provisions of the code do not apply or that the true intent
27 and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal
28 from the decision of the Fire Chief to the board of appeals, which is designated to be the board of
29 building review as heretofore established and appointed according to Chapter 17.08 of the
30 Petaluma Municipal Code, within thirty (30) days from the date of the decision appealed. The Fire
31 Chief shall act as secretary of the board when it is hearing appeals concerned with the Fire Code.
32 Section 109.3 is deleted in its entirety.
33 Section 110.4 is amended as follows:
34 110.4 Violation Penalties
35 (a) Any violation of the provisions of this section shall be a misdemeanor. Notwithstanding the
36 preceding sentence, a violation of the provisions of this section may be charged and prosecuted as
37 an infraction at the discretion of the City Attorney's office or other enforcing authority.
39
I (b) A person is guilty of a separate offense for each day during which he/she commits, or continues
2 or permits a violation of this chapter, or each time he/she disobeys a valid order of an enforcement
3 officer.
4 (c) Because of the serious threat of fire or injury posed by the use of "Dangerous Fireworks" that
5 can result from persistent or repeated failures to comply with the provisions of this code and the
6 effect of such conditions or activities on the safety and the use and enjoyment of surrounding
7 properties and to the public health, safety and welfare, this Article imposes liability upon the
8 owners of residential real property for all violations of this code existing on their residential real
9 property. Each contiguous use, display and/or possession shall constitute a separate violation and
10 shall be subject to a separate administrative fine.
11 (d) Nothing in this section shall prohibit a court from imposing restitution upon any person
12 convicted of a violation of the provisions of this section.
13 (e) In addition to any other remedies available to the City under any applicable state or federal
14 statute or pursuant to any other lawful power the City may possess, any violation of this chapter
15 may be prosecuted or enforced as a nuisance and enforced by a civil court action as provided in
16 Chapter 1.13 of the Petaluma Municipal Code or via administrative enforcement as a nuisance as
17 provided in Chapter 1.14 of the Petaluma Municipal Code as Chapters 1.13 and 1.14 may be
18 amended from time to time.
19 (f) Administrative Citation pursuant to Petaluma Municipal Code Chapter 1.16. In addition to any
20 other remedies available to the City under any applicable state or federal statute or pursuant to any
21 other lawful power the City may possess, any violation of this Chapter may be enforced by
22 administrative citation pursuant to Chapter 1.16 of the Petaluma Municipal Code as
23 Chapter 1.16 may be amended from time to time.
24 (g) Administrative Citation pursuant to Health & Safety Code Section 12557. In addition to any
25 other remedies available to the City under any applicable state or federal statute or pursuant to any
26 other lawful power the City may possess, any violation of this Chapter may be enforced by
27 administrative citation pursuant to Health & Safety Code Section 12557 when a violation relates to
28 the possession, use, storage, sale and/or display of those fireworks classified as dangerous
29 fireworks as defined herein and/or the use of state -approved fireworks as defined herein on or at
30 dates, times and/or locations other than those permitted by this Ordinance.
31 1. The imposition of fines related to dangerous fireworks under this section 109.4(g) shall be
32 limited to persons who possess, sell, use and/or display, or to the seizure of less than 25 pounds
33 (gross weight) of such dangerous fireworks.
34 2. Fines collected pursuant to this section 110.4(g) shall not be subject to Health & Safety Code
35 section 12706, which provides that certain fines collected by a court of the state be deposited with,
36 and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the
37 State Fire Marshal pursuant to regulations as adopted, or as may be adopted by the State Fire
38 Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous
39 fireworks seized by the City, which costs will be part of any administrative fine imposed. Unless
40 and until such regulations have been adopted by the State of California, the City shall hold in trust
41 $250 or 25% of any fine collected, whichever is greater, to cover the cost of reimbursement to the
42 State Fire Marshal for the cost of transportation and disposal of any dangerous fireworks seized by
43 the City.
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1 3. Other than as expressly modified herein, enforcement of violations by administrative citation
2 pursuant to Health & Safety Code Section 12557 shall be subject to the provisions of Petaluma
3 Municipal Code Chapter 1.16.
4 Section 110.5 is added to read as follows:
5 Section 110.5 Authority to Issue Citations. The Fire Chief and members of the Fire Prevention
6 Bureau who have the discretionary duty to enforce a statute or Ordinance may, pursuant to
7 Section 836.5of the California Penal Code and subject to the provisions thereof, arrest a person
8 without a warrant whenever the Fire Chief or member of the Fire Prevention Bureau has
9 reasonable cause to believe that the person to be arrested has committed a violation in the presence
10 of the Fire Chief or member of the Fire Prevention Bureau which he or she has discretionary duty
11 to enforce, and to issue a notice to appear and to release such person on his or her written promise
12 to appear in court, pursuant to the provisions of Section 853.5 et seq. of the California Penal Code.
13 Section 112.1 is amended to read as follows:
14 112.1 Order/Authority. Whenever the Fire Code Official finds any work regulated by this code,
15 the Petaluma Municipal Code or the Zoning Ordinance being performed in a manner contrary to
16 the provisions of this code, without a permit, beyond the scope of the issued permit, in violation of
17 this code, the Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or unsafe,
18 the Fire Code Official is authorized to issue a stop work order.
19 Section 112.2 is amended to read as follows:
20 112.2 Issuance. The stop work order shall be in writing and shall be posted in a visible location
21 near the location where the work is being conducted. If the owner or owner's agent is not on site at
22 the time of posting, a notice advising the reasons for the stop work order issuance shall be hand
23 delivered or mailed first-class to the owner of the property involved, or to the owner's agent, or to
24 the person doing the work. Upon issuance of a stop work order, the cited work shall immediately
25 cease. The stop work order shall state the reason for the order, the conditions under which the cited
26 work will be permitted to resume, and the name and contact information of the official or agency
27 issuing the order.
28 Section 112.3 is amended to read as follows:
29 112.3 Emergencies/Unlawful Continuance. Where an emergency exists, the Fire Code Official
30 shall not be required to give written notice prior to stopping work. Any person who continues to
31 engage in any work after having been served with a stop work order, except such work as that
32 person is directed to perform to remove a violation or unsafe condition, shall be guilty of a
33 misdemeanor.
34 Section 112.4 is amended to read as follows:
35 112.4 Failure to Comply. Any person who shall continue any work after having been served with
36 a stop work order, except such work as that person is directed to perform to remove a violation or
37 unsafe condition, shall be subject to the penalty provisions of the City of Petaluma Municipal
38 Codes or state law.
39 Section 112.4.1 is added to read as follows:
41
1 112.4.1 Removal of Posted Stop Work Order. Any person who removes a posted stop work
2 order without written consent of the Fire Code Official shall be guilty of a misdemeanor.
3 Section 112.4.2 is added to read as follows:
4 112.4.2 Response Required. Violators receiving a stop work order are required to respond to the
5 Fire Prevention Bureau within two (2) business days of the issued notice to receive instructions on
6 how to rescind the order.
7 Section 112.4.3 is added to read as follows:
8 112.4.3 Permit Application Required. A fire permit application must be submitted for approval
9 within fifteen (15) working days following response to the Fire Prevention Bureau. Plans will be
10 reviewed and correction letters issued or permit application approved within fifteen (15) working
11 days of receipt by the Fire Prevention Bureau. A response to any correction letter must be
12 submitted within fifteen (15) working days of the date of the correction letter. Five working days
13 will be required to review this second submission and a permit approved for issuance. Permits
14 ready for issuance must be issued within five (5) working days thereafter. All construction must be
15 inspected as work progresses and signed off by all (affected) departments within sixty (60) days of
16 permit issuance.
17 Section 112.4.4 is added to read as follows:
18 112.4.4 Stop Work Order Penalty. The Fire Code Official may impose Stop Work Order
19 Penalties in accordance with Section 1. 14.050 of this code and/or other applicable law.
20 Chapter 2 — Definitions.
21 Section 202, General Definitions is amended to amend and add the following:
22 Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a
23 facility, building or portion thereof. This is a general term inclusive of all other terms such as fire
24 lane, public street, private street, parking lot lane and access roadway. Public streets may be
25 defined by the standards of the local agency having jurisdiction over the project.
26 Occupancy Classification is modified to include:
27 Factory Industrial F-1 Moderate -hazard occupancy is amended to add to the list of Moderate -
28 hazard factory industrial groups the following:
29 Agricultural crop production including cultivation, drying, processing and/or storage
30 Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other
31 improvement of a building or structure that meet any of the following:
32 (1) An existing building or structure not classified as Group R-3 occupancy, which undergoes any
33 addition of floor area that is equal to or exceeds 10 percent of the existing gross floor area.
34 (2) An existing Group R-3 building or structure, which undergoes any addition of floor area that is
35 equal to or exceeds 50 percent of the existing gross floor area.
36 (3) An existing building or structure, which undergoes any alteration of floor area that is equal to
37 or exceeds 50 percent of the existing gross floor area.
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1 (4) A building or structure, which undergoes any combination of repair, reconstruction,
2 rehabilitation, alteration, addition or other improvement that is equal to or exceeds 50 percent
3 of the existing gross floor area.
4 (5) If in the determination of the building official the structure has sustained substantial damage,
5 any repairs are considered substantial improvement regardless of the actual repair work
6 performed.
7 Nuisance Alarm. An unwarranted alarm caused by mechanical failure, malfunction, improper
8 installation or lack of proper maintenance, system servicing testing, construction activities,
9 ordinary household activities, false alarm, other cause when no such danger exists, or an alarm
10 activated by a cause that cannot be determined.
1 I Wildland-Urban Interface Fire Area (WUI). [SFMI (See California Building Code Chapter 7A,
12 Section 702A and Chapter 49, Section 4902 of this code for defined term.)
13 Chapter 3—General Precautions Against Fire
14 Section 304.1.2.1 is added to read as follows:
15 304.1.2.1 Defensible Space - Neighboring Property. Persons owning, leasing or controlling
16 property within areas requiring defensible spaces are responsible for maintaining a defensible
17 space on the property owned, leased or controlled by said person, of not less than thirty feet (30')
18 (9.144 m) around any building or structure. Distances may be modified by the Fire Code Official
19 because of a site-specific analysis based on local conditions.
20 Section 307.2.1.1 is added to read as follows:
21 307.1.2 Use of Outdoor BBQs, Fireplaces and Fire Pits. The use of outdoor BBQs, fireplaces
22 and fire pits shall meet the requirements set forth in the Petaluma Fire Department's policies.
23 319 Mobile Food Preparation Vehicles
24 Section 319 is deleted.
25 Chapter 4 Emergency Planning and Preparedness
26 401.3.2.1 Nuisance alarm notification.
27 Section 401.3.2.1 is added to read as follows:
28 401.3.2.1 Nuisance alarm notification. Notification of emergency responders based on a nuisance
29 alarm may be punishable by a fine in accordance with the adopted fee schedule or requirements. In
30 addition, the responsible party may be liable for the operational and administrative costs, incurred
31 from the emergency response or mitigation procedures resulting from a nuisance alarm
32 notification.
33 401.3.2.2 Multiple nuisance alarm activations.
34 Section 401.3.2.2 is added to read as follows:
35 401.3.2.2 Multiple nuisance alarm activations. Any occupancy that has more than three
36 nuisance alarms, causing emergency response within a 12 -month period may be required to
43
I modify, repair, upgrade or replace their system and/or monitoring station as detennined by the fire
2 code official.
3 402.1 Definitions.
4 Section 402.1 is amended to add the following:
5 Nuisance Alarm
6 Chapter 5—Fire Service Features
7 Section 501.1 is amended to read as follows:
8 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this
9 chapter. This section applies to residential and commercial developments.
10 Floor Area. The floor area used for calculating the required fire flow shall be the total floor area
11 of all floor levels within the exterior walls of a structure that are under the horizontal projection of
12 the roof, except as modified in Appendix Section B104 of the 2013 California Fire Code.
13 Section 503.2.6 is amended to read as follows:
14 503.2.6 Bridges and Elevated Surfaces. Where a bridge or an elevated surface is part of a fire
15 apparatus access road, the bridge shall be constructed and maintained in accordance with the
16 American Association of State Highway and Transportation Officials (AASHTO) Standard
17 Specifications. Bridges and elevated surfaces shall be designed for a live load sufficient to carry
18 the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges
19 when required by the Fire Code Official. Where elevated surfaces designed for emergency vehicle
20 use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs
21 or both shall be installed and maintained when required by the Fire Code Official.
22 Section 503.2.6.1 is added to read:
23 503.2.6.1 Evaluation. All existing private bridges and elevated surfaces shall be evaluated by a
24 California licensed civil engineer experienced in structural engineering or a California licensed
25 structural engineer for the purposes of safety and weight rating and the vehicle load limits shall be
26 posted at both entrances to bridges. These evaluations shall be performed at the direction of the
27 Fire Code Official.
28 Section 503.2.6.2 is added to read:
29 503.2.6.2 Bridge Maintenance. All new and existing bridges and elevated structures providing
30 emergency access shall be routinely evaluated and maintained in accordance with the American
31 Association of State Highway and Transportation Officials (AASHTO) Manual: "The Manual for
32 Bridge Evaluation," First Edition, 2008, published by the American Association of State Highway
33 and Transportation Officials; or other approved standard.
34 Section 503.2.7.1 is added to read as follows:
35 503.2.7.1 Grade Angles. The maximum allowable grade for driveways and roadways used for fire
36 apparatus access is twelve percent (12%). Special allowances up to a maximum of eighteen percent
37 (18%) may be granted with the approval of the Fire Code Official and City Engineer.
503.3 Marking.
2 Section 503.3 is amended to read as follows:
3 503.3 Marking. Where required by the fire code official, approved signs or other approved
4 notices or markings that include the words NO PARKING — FIRE LANE in accordance
5 with the California Vehicle Code, shall be provided for fire apparatus access roads to
6 identify such roads or prohibit the obstruction thereof. The means by which fire lanes are
7 designated shall be maintained in a clean and legible condition at all times and be replaced
8 or repaired when necessary to provide adequate visibility.
9 Section 505.1 is amended to read as follows:
10 505.1 Address Identification. New and existing buildings shall be provided with approved
11 illuminated or other approved means of address identification. The address identification shall be
12 legible and placed in a position that is visible from the street or road fronting the property.
13 Address identification characters shall contrast with their background. Address numbers shall be
14 Arabic numerals or alphabetic letters. Numbers shall not be spelled out. Character size and stroke
15 shall be in accordance with Section 505. 1.1 through 505.1.2. Where required by the fire code
16 official, address identification shall be provided in additional approved locations to facilitate
17 emergency response in accordance with this code and Section 505.1.3. Where access is by means
18 of a private road and the building cannot be viewed from the public way or when determined by
19 the fire code official, a monument, pole, or other approved sign or means shall be used to identify
20 the structure. Address identification shall be maintained.
21 Section 505. 1.1 is added to read as follows:
22 505.1.1 One and Two -Family Dwellings. Numbers for one and two-family dwellings shall be not
23 less than four inches (4") (101.6 mm) high with a minimum stroke width of 0.5 inches (12.7 mm).
24 Section 505.1.2 is added to read as follows:
25 505.1.2 Numbers for Other Than One- and Two -Family Dwellings. Each address identification
26 character shall not be less than twelve inches (12") high with a minimum stroke width of one inch
27 (1 "). Suite and unit directional numbers shall be not less than six inches (6") in height with a
28 minimum stroke width of three-quarter inch (0.75"). Individual unit numbers shall not be less than
29 four inches (4") in height with a minimum stroke width of one-half inch (1 /2").
30 Section 505.1.3 is added to read as follows:
31 505.1.3 Complex Directory. Where two (2) or more buildings cannot be viewed from the public
32 way or when determined by the Fire Code Official, an approved illuminated complex directory,
33 monument pole, or other approved sign or means shall be used to identify the structures at the
34 main entrances to the property.
35 Section 506.1 is amended to read as follows:
36 Section 506.1 Key Boxes. When access to or within a structure or area is determined by the Fire
37 Code Official to be unduly difficult because of secured openings (doors or gates) or due to the
38 presence of hazardous materials or fire protection systems, a key box shall be required to be
39 installed at an accessible location. The key box shall be an approved type and contain those keys
40 necessary to gain access.
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Section 507.5 is amended to read as follows:
2 507.5 Fire Hydrant Systems. Fire hydrant systems shall comply with Sections 507.5.1 through
3 507.5.6 and Appendix C as amended.
4 Section 507.5.1 is amended to read as follows:
5 507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or
6 moved into or within the jurisdiction is more than 150 feet (45.179 m) from a hydrant on a fire
7 apparatus access road, as measured by an approved route around the exterior of the facility or
8 building, on-site fire hydrants and mains shall be provided where required by the Fire Code
9 Official.
10 Section 507.5.1: the exception is deleted.
11 Section 507.5.1.2 is added to read as follows:
12 507.5.1.2 Additional Requirements.
13 (a) Upon review of site conditions by the Fire Department, fire hydrant spacing requirements may
14 be reduced or modified. Fire hydrants shall be placed along all adjoining public and private streets
15 and Fire Department access drives.
16 (b) Divided streets shall have hydrants located as required by the Fire Code Official on both sides
17 of the street and they shall be staggered to prevent a hydrant being placed directly across the
18 divided street from another hydrant.
19 (c) Types of Hydrants: Hydrants shall conform to the City of Petaluma Sewer and Water Design
20 and Construction Standards.
21 510.1 Emergency responder radio coverage in new buildings.
22 Section 5 10. 1 exception #1 is deleted.
23 510.3 Permits required.
24 Section 510.3 is amended to read as follows:
25 510.3 Permits required. Permits shall be required as set forth in Sections 105.6 and 105.7.
26 Maintenance performed in accordance with this code is not considered a modification and does not
27 require a pen -nit.
28 Chapter 7—Fire Resistance -Rated Construction
29 Section 709 is added to read as follows:
30 709 Repair of Breaches of Non -Rated Walls/Ceilings in Fire Zone 1. Breaches, openings, holes
31 or other broken wall and ceiling areas in buildings in Fire Zone 1 (generally defined as the
32 Downtown Business District) as defined in Section 17.22 of the Petaluma Municipal Code shall be
33 repaired, restored or replaced when damaged, altered, breached, penetrated, removed or
34 improperly installed. Openings/breaches can be repaired with like material such as lath and plaster,
35 sheetrock, plywood or other reasonable barrier. The intent of this Section is to close
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I openings/breaches to limit the spread of fire and products of combustion in the downtown business
2 district buildings.
3 Chapter 9—Fire Protection Systems
4 901.7.6.1 is added to read as follows:
5 901.7.6.1 Problematic and Unreliable Fire Alarms. The Fire Code Official may detennine a fire
6 alann to be unreliable upon receipt of three (3) nuisance alarms within a twelve-month period.
7 Upon making such a finding, the Fire Code Official may order the following:
8 (a) For any nuisance alarm where the system is not restored, the system owner must provide Fire
9 Watch Personnel in accordance with 403.12 or take such other measures as the Fire Code Official
10 deems appropriate. Such measures shall remain in place until a fire department approved fire alarm
11 maintenance firm certifies in writing to the Fire Code Official that the alarm system has been
12 restored to a reliable condition. The Fire Code Official may require such tests as he/she deems
13 necessary to demonstrate the adequacy of the system.
14 (b) Require the owner to pay mitigation fees pursuant to the City of Petaluma fee schedule.
15 902.1 Definitions.
16 Section 902.1 is amended to add the following:
17 Substantial Improvement
18 Section 903.2 is amended to read as follows:
19 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures
20 shall be provided in the locations described in Sections 903.2.1 through 903.2.20. Approved
21 automatic sprinkler systems in existing buildings and structures shall be provided in locations
22 described in Section 903.6.
23 Exceptions:
24 6. Agricultural buildings as approved by the fire code official.
25 7. Detached accessory structures to Group R-3 not classified as a dwelling unit and not
26 exceeding 1,000 square feet -in gross floor area located at least 50 feet from applicable
27 building.
28 8. Detached non-combustible motor vehicle fuel dispensing canopies.
29 9. Detached Group U Occupancies not greater than 1,000 square feet.
30 10. Special occupancy aircraft hangar shade structures as approved by the fire code official,
31 unless required in NFPA 409.
32 903.2.1 Group A.
33 Section 903.2.1 is amended to read as follows:
34 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings
35 containing a Group A occupancy.
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1 903.2.1.1 through 903.2.1.5.
2 Section 903.2.1.1 through 903.2.1.5 are deleted.
3 903.2.1.6 Assembly occupancies on roofs.
4 Section 903.2.1.6 is amended to read as follows, with deletion of the exception:
5 903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy
6 an automatic sprinkler system shall be provided throughout the building in accordance with
7 Section 903.3.1.1 or 903.3.1.2.
8 903.2.1.7 Multiple fire areas.
9 Section 903.2.1.7 is deleted.
10 903.2.2 Ambulatory care facilities.
11 Section 903.2.2 is amended to read as follows:
12 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be provided throughout
13 buildings containing an ambulatory care facility.
14 903.2.3 Group E.
15 Section 903.2.3 is amended to read as follows:
16 903.2.3 Group E. An automatic sprinkler system shall be provided throughout buildings
17 containing Group E occupancies. For public school state -funded construction projects or for public
18 school campuses, Kindergarten through 12th grade, see Section 903.2.19 through 903.2.20.
19 903.2.4 Group F.
20 Section 903.2.4 is amended to read as follows:
21 903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings
22 containing a Group F occupancy.
23 903.2.4.1 Woodworking operations.
24 Section 903.2.4.1 is deleted.
25 903.2.5.1 Group H.
26 Section 903.2.5.1 is amended to read as follows:
27 903.2.5.1 Group H. An automatic sprinkler system shall be installed throughout buildings
28 containing Group H occupancies.
29 903.2.6.1 Group I-2
30 Section 903.2.6.1 is deleted.
31 903.2.6.2 Group I-3
I Section 903.2.6.2 is amended to read as follows:
2 903.2.6.2 Group I-3. Every building where inmates or persons are in custody or restrained shall
3 be protected by an automatic sprinkler system conforming to NFPA 13. The main sprinkler
4 control valve or valves and all other control valves in the system shall be locked in the open
5 position and electronically supervised so that at least an audible and visible alarm will sound at a
6 constantly attended location when valves are closed. The sprinkler branch piping serving cells
7 may be embedded in the concrete construction.
8 903.2.7 Group M.
9 Section 903.2.7 is amended to read as follows:
10 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings
11 containing a Group M occupancy where the gross floor area exceeds 500 square feet.
12 903.2.8.1 Group R-3.
13 Section 903.2.8.1 is amended to read as follows:
14 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section
15 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one
16 and two-family dwellings regardless of square footage in accordance with the -California
17 Residential Code. An automatic sprinkler system shall be installed in all mobile homes,
18 manufactured homes and multi -family manufactured homes with two or more dwelling units in
19 accordance with Title 25 of the California Code of Regulations.
20 903.2.9 Group S.
21 Section 903.2.9 is amended to read as follows:
22 903.2.9 Group S. An automatic sprinkler system shall be provided throughout buildings
23 containing a Group S occupancy.
24 903.2.9.1 through 903.2.9.2.
25 Section 903.2.9.1 through 903.2.9.2 is deleted.
26 903.2.10 Group B.
27 Section 903.2. 10 is amended to read as follows:
28 903.2.10 Group B. An automatic sprinkler system shall be provided throughout buildings
29 containing a Group B occupancy where the gross floor area exceeds 500 square feet.
30 903.2.10.1 Commercial parking garage.
31 Section 903.2.10.1 is deleted.
32 903.2.11 Specific buildings areas and hazards.
33 Section 903.2.11 is amended to read as follows:
1 903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U
2 occupancies not greater than 1,000 square feet, an automatic sprinkler system shall be installed for
3 building design or hazard -in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.
4 903.2.11.3 exception #1 & #2 deleted.
5 Section 903.2.11.3 exceptions #1 & #2 are deleted.
6 903.2.11.7 High -piled storage.
7 Section 903.2.11.7 is added to read as follows:
8 903.2.11.7 High -piled storage. An automatic sprinkler system shall be provided throughout
9 buildings containing high -pile combustible storage.
10 903.2.11.8 Undetermined use design
11 Section 903.2.11.8 is added to read as follows:
12 903.2.11.8 Undetermined use design. Automatic sprinkler systems installed in buildings or
13 structures of undetermined use shall be designed and installed to have a minimum density of .33
14 gallons per minute per square foot over a minimum design area of 3,000 square feet.
15 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies.
16 Section 903.2.18 is amended to read with the exception being deleted:
17 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies. Carports
18 with habitable space above and attached garages, accessory to Group R-3 occupancies, shall be
19 protected by residential fire sprinklers in accordance with this section. Residential fire sprinklers
20 shall be connected to, and installed in accordance with, an automatic residential fire sprinkler
21 system that complies with R313 of The California Residential Code or with NFPA 13D. Fire
22 sprinklers shall be residential sprinklers or quick -response sprinklers, designed to provide a
23 minimum density of 0.05 gpm/ft' over the most hydraulically demanding area of the structure, but
24 not to exceed two sprinklers for hydraulic calculations purposes. Garage doors shall not be
25 considered obstructions with respect to sprinkler placement.
26 Section 903.3 is amended as follows:
27 903.3 Installation Requirements. Sprinkler systems shall be designed and installed in accordance
28 with NFPA-13, NFPA-13R (if approved by the Fire Code Official) and NFPA-13D. Pursuant to
29 Section 102.7.1 and Section 105.1.4, the Fire Code Official may require additional sprinkler
30 coverage to mitigate certain conditions such as access or water supply issues.
31 Section 903.3.1 is amended to read:
32 903.3.1 Design Criteria. Fire sprinkler systems installed in buildings of undetermined use shall be
33 designed and installed to have a design density of .33 gallons per minute per square foot over a
34 minimum design area of three thousand square feet (3,000' sq.). Where a subsequent occupancy
35 change requires a system with greater capacity, it shall be the building owners' responsibility to
36 upgrade the system to the required density and meet any additional requirements of the Fire Code
37 at the time of such change.
m
Section 903.3.7 is amended to read as follows:
2 903.3.7 Fire Department Connections. The location of fire department connections (FDCs) shall
3 be within fifty feet (50') of a fire hydrant or as approved by the Fire Code Official. Approved
4 locking caps shall be provided on any existing FDCs found to be vandalized and on new FDCs
5 when determined by the Fire Code Official to be necessary because of site specific conditions or
6 hazards.
7 Section 903.3.9 is amended to read as follows:
903.3.9 Floor control valve
9 903.3.9 Floor control valve. Floor control valve and waterflow detection assemblies shall be
10 installed at each floor where any of the following occur:
11 4. Buildings where the floor level of the highest story is located more than 30 feet above the
12 lowest level of fire department access.
13 5. Buildings that are three or more stories in height.
14 6. Buildings that are two or more stories below the highest level of fire department access.
15 Exception: Group R-3 and R-3.1 occupancies floor control valves and waterflow detection
16 assemblies shall not be required
17 903.4 Sprinkler System Monitoring and Alarms. Except for Group R, Division 3 Occupancies,
18 all valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels,
19 temperatures, critical air pressure and water flow switches shall be electronically supervised.
20 Valves when used for standpipes are excluded from this provision unless required by the Fire Code
21 Official.
22 Section 903.4.2 is amended to read as follows:
23 903.4.2 Alarms. One (1) exterior approved audible device shall be connected to every automatic
24 fire sprinkler system in an approved location. The Fire Code Official may require one (1) exterior
25 audible and visual device connected to an automatic fire sprinkler system in an approved location
26 based on site specific conditions. Such sprinkler water flow alarm devices shall be activated by
27 water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the
28 system. Where a building fire alarm system is installed, actuation of the automatic fire sprinkler
29 system shall actuate the building fire alarm system.
30 903.6 Where required in existing buildings and structures.
31 Section 903.6 is amended to read as follows:
32 903.6 Where required in existing buildings and structures. An automatic sprinkler system shall
33 be provided throughout existing buildings and structures where required in Chapter 11 and as
34 required in this section.
35 Exception: Alterations made solely for the purpose of providing barrier removal pursuant to the
36 requirements of the American Disabilities Act (ADA) as contained in exception #4 of Section
37 CBC 11 B-204.2.
51
1 903.6.1 Buildings that undergo a substantial improvement.
2 903.6.2 Changes of Occupancy. When any change of occupancy occurs where the proposed new
3 occupancy classification is more hazardous based on fire and life safety risks as determined by the
4 Fire Code Official including, but not limited to, the conversion of residential buildings to
5 condominiums, the building shall meet the fire sprinkler requirements for a newly constructed
6 building.
7 903.6.3 Residential Conversions. Fire sprinkler systems shall be installed in all single-family
8 dwellings that are converted to duplexes and/or multi -family dwellings, bed and breakfasts, inns,
9 lodging houses or similar uses. Fire sprinkler systems shall be installed in all conversions of a
10 detached garage into living space or sleeping space.
11 903.6.4 Elevation of Existing Buildings. An automatic fire extinguishing system shall be installed
12 throughout all existing buildings when the building is elevated to three (3) or more stories or more
13 than thirty-five feet (35') in height, from grade to the exposed roof.
14 Exceptions: An automatic fire -extinguishing system need not be provided when the area above
15 thirty-five feet (35') is provided for aesthetic purposes only and is a non -habitable space.
16 903.6.5 Installation of Automatic Fire Sprinklers in Pre -Existing Buildings (Historic
17 Downtown Business District).
18 1. Geographic Boundary - Historic Downtown Business District: For the purposes of this section.
19 the Historic Downtown Business District shall include all buildings located inside the geographic
20 area generally formed by Kentucky Street to the west, Washington Street to the north, the
21 Petaluma River to the east and B Street to the south. Also included in this section is 201
22 Washington Street (Phoenix Theater) and 132 Keller Street, as more particularly described in
23 Figure 1003.2.12.
1 2. Installation Requirements: An automatic sprinkler system conforming to the Standard for the
2 Installation of Sprinkler Systems (NFPA-13) shall be installed in all existing buildings in the
3 Historic Downtown Business District in accordance with the following criteria:
4 2.1. Kentucky Street and Western Avenue:
5 2.1.1. In any building wherein a change of occupancy occurs.
6 2.1.2. In any building or occupancy where the square footage of the building or occupancy is
7 increased or alterations to the structure are made pursuant to Section 903.6 of this Ordinance.
8 2.1.3. All buildings with basements or space below street grade used for storage, business or public
9 use shall have automatic fire sprinklers installed within the basements or the below street grade
10 areas no later than December 31, 2010.
11 2.1.4. All buildings not meeting the criteria of 2. LI or 2.1.2 above shall have automatic fire
12 sprinklers installed throughout the structure, including all public, private, storage and/or concealed
13 spaces, as defined by the Standard for the Installation of Sprinkler Systems (NFPA-13) by no later
14 than December 31, 2016.
15 2.2. Petaluma Boulevard North: An appropriately sized water main and laterals were installed by
16 the City of Petaluma on August 9, 2017. Automatic fire sprinkler requirements became effective
17 and are required to be installed by the dates listed in the sections below. Notice has been sent by
18 the City of such installation requirement, an automatic sprinkler system conforming to the
19 Standard for the Installation of Sprinkler Systems (NFPA-13) shall be installed according to the
20 following criteria:
21 2.2.1. In any building wherein a change of occupancy occurs.
22 2.2.2. In any building or occupancy where the square footage of the building or occupancy is
23 increased or alterations to the structure are made pursuant to Section 903.6 of this Ordinance.
24 2.2.3. All buildings with basements or space below street grade used for storage, business or public
25 use shall have automatic fire sprinklers installed within the basements or the below street grade
26 areas, no later than December 31, 2023.
27 2.2.4. All buildings not meeting the criteria of 2.2.1 or 2.2.2 above shall have automatic fire
28 sprinklers installed throughout the structure, including all public, private, storage and/or concealed
29 spaces, as defined by the Standard for the Installation of Sprinklers (NFPA-13), no later than
30 December 31, 2029.
31 2.3. Property Owner's Responsibility for System Installation:
32 2.3.1. The Property Owner shall be responsible for installation of the lateral service from the curb
33 line into the building. This also includes isolation, check or other valves or devices, as applicable.
34 2.3.2. The Property Owner shall be responsible for the installation of the automatic fire sprinkler
35 system according to the Standard for the Installation of Sprinkler Systems (NFPA-13).
36 2.4. Plans and Specifications: Plans and Calculations (NFPA-13, Chapter 8) for the service lateral
37 and fire sprinkler system shall be submitted to and approved by the Fire Prevention Bureau prior to
38 installation of equipment and materials.
53
1 2.4. 1. For the Kentucky Street installations that are required on or before December 31, 2010 or
2 December 31, 2016, all Plans and Calculations for service lateral and sprinkler systems shall be
3 submitted no later than June 30, 2010 or June 30, 2016 respectively, with installation and approval
4 of work to occur prior to December 31, 2010 or December 31, 2016 respectively.
5 2.4.2. For Petaluma Boulevard North installations that are required on or before December 31,
6 2023 or December 31, 2029 all Plans and Calculations for service lateral and sprinkler systems
7 shall be submitted no later than June 30, 2023 or June 30, 2029 respectively, with installation and
8 approval of work to occur prior to December 31, 2023 or December 31, 2029 respectively.
9 Section 905.3.1 is amended to read as follows:
10 905.3.1 Building Height. Class I standpipes shall be installed in buildings three stories or over in
1 I height and/or if, in the opinion of the Fire Chief, a hazard or condition exists in which the
12 installation of standpipes would improve firefighting operations. Standpipes will be provided with
13 approved outlets provided on each floor level, including the roof when roof access is provided.
14 Section 905.9: exception 2 is deleted.
15 Section 907.8.5.1 is added to read as follows:
16 907.8.5.1 Fire Alarm Service Stickers/Tags. Upon completion of each annual fire alarm service,
17 the fire alarin contractor providing the service shall affix a sticker or tag to the main fire alarm
18 panel which indicates the name of the fire alarm company and the date of the service.
19 Chapter 11 — Construction Requirements For Existing Buildings
20 1103.1 Required construction.
21 Section 1103.1 is amended to read as follows:
22 1103.1 Required construction. Existing buildings shall comply with not less than the minimum
23 provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2, 1103.7 through
24 1103.8.5.3, 1103.9.1, and 1103.10.
25 The provisions of this chapter shall not be constructed to allow the elimination of fire protection
26 systems or a reduction in the level of fire safety provided in buildings constructed in accordance
27 with previously adopted codes.
28 Exceptions:
29 1. Where a change in fire -resistance rating has been approved in accordance with Section
30 501.2 or 803.6 of the California Existing Building Code.
31 2. Group U occupancies.
32 Sections 1103.3 through 1103.5.4.
33 Sections 1103.3 through 1103.5.4 are deleted.
34 Section 1104 and 1105
35 Sections 1104 and 1105 are deleted.
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I Section 1103.5.1 is amended to read: An automatic sprinkler system shall be provided in existing
2 buildings in accordance with sections 1103.5.1 through 1103.5.4. An automatic sprinkler system
3 shall be installed in accordance with section 903.6.5 2.2.3, 2.2.4 and 2.4.2.
4 Chapter 33 — Fire Safety During Construction
5 3313.3 Detailed requirements.
6 Section 3313.3 is amended to read as follows:
7 3313.3 Detailed requirements. Standpipes shall be installed in accordance with the provisions of
8 Section 905.
9 Exception: When approved by the fire code official standpipes shall be either temporary or
10 permanent in nature, and with or without a water supply, provided that such standpipes comply
11 with the requirements of Section 905 as to capacity, outlets and materials.
12 3314.3 Where required.
13 Section 3314.3 is added to read as follows:
14 3314.3 Where required. In buildings of combustible construction required to have automatic
15 sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction
16 exceeding 40 feet in height above the lowest level of fire department vehicle access. Such
17 automatic sprinkler system shall be extended as construction progresses to within one floor of the
18 highest point of construction having secured decking or flooring.
19 3314.4 Buildings being demolished.
20 Section 3314.4 is added to read as follows:
21 3314.4 Buildings being demolished. Where a building is being demolished and an automatic
22 sprinkler system is existing within such a building, such automatic sprinkler system shall be
23 maintained in an operable condition so as to be available for use by the fire department. Such
24 automatic sprinkler system shall be demolished with the building but shall not be demolished more
25 than one floor below the floor being demolished.
26 3314.5 Detailed requirements.
27 Section 3314.3 is added to read as follows:
28 3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with
29 the provisions of Section 903.
30 Chapter 39 — Plant Processing and Extraction Facilities
31 3901.1.1 Marijuana growing, processing, or extraction facilities.
32 Section 3901.1.1 is added to read as follows:
33 3901.1.1 Marijuana growing, processing, or extraction facilities. Marijuana growing,
34 processing and extraction facilities shall be designed and constructed in accordance with this
35 chapter and NFPA 1, Chapter 38 as amended in Chapter 80.
I Chapter 49—Requirements for Wildland-Urban Interface Fire Areas
2 Section 4902.1. The following definition is amended to read as follows:
3 Wildland-Urban Interface Fire Area. The geographical area located within any Moderate, High
4 or Very High Fire Hazard Severity Zone as recommended by the Cal Fire Director pursuant to
5 Public Resource Code Sections 4201-4204 and Government Code Sections 51175-51189 or in a
6 High Fire Hazard Severity Zone as identified by the Petaluma Fire and Resource Assessment
7 Program (FRAP).
Section 4906.2 is amended to read as follows:
9 4906.2 Applicability. New buildings for which a building permit is submitted on or after January
10 1, 2011, that are located within any Moderate, High or Very High Fire Hazard Severity Zone as
11 designated by the Director of Cal Fire or in any Moderate, High or Very High Fire Hazard Severity
12 Zone as identified by the Fire Hazard Security Zone (FHSZ) map as defined in Section 17.20.020
13 of the Petaluma Municipal Fire Code shall comply with the following sections:
14
(a) Section 4907.1 2013 California Fire Code Defensible Space (moderate, high, very high);
15
(b) Section 705A, 2013 California Building Code
- Roofing (moderate, high, very high);
16
(c) Section 706A, 2013 California Building Code
- Vents (moderate, high, very high);
17
(d) Section 707A 2013 California Building Code
- Exterior Covering (moderate, high, very high);
18
(e) Section 708A 2013 California Building Code -
Exterior Windows and Doors (high, very high);
19
(f) Section 709A 2013 California Building Code -
Decking (high, very high); and
20
(g) Section 710A 2013 California Building Code
- Accessory Structures (high, very high).
21
Section 4907.1 is amended to read as follows:
22 4907.1 Defensible Space. The area within the perimeter of a parcel or development where Fire
23 Hazard Severity Zones (FHSZ) is implemented, providing a key point of defense from any
24 approaching fire. These areas are characterized (but not limited to) establishment and maintenance
25 of emergency vehicle access, emergency water supplies, street names, building identification, and
26 fuel modification measures.
27 Provisions for annual weed and brush abatement of the wildland-urban interface fire area and the
28 developed area shall be the responsibility of the developer or property owner. A plan may be
29 required that outlines the provisions for weed abatement and shall be prepared by the property
30 owner and/or developer. When required, the plan shall include, but not be limited to, the following
31 elements:
32 (a) A defensible space of thirty feet (30') to one hundred feet (100'), depending on grade and other
33 factors around all structures, either manmade or natural, in which material capable of allowing fire
34 to spread unchecked must be cleared, treated or modified to slow the rate and intensity of an
35 approaching wildfire.
36 (b) A ten -foot (10') firebreak on each side of hillside roads or driveways used for emergency
37 access; such firebreaks may be landscaped with fire resistive vegetation.
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I (c) Where required, fire breaks and/or disked trails up to thirty feet (30') wide shall be identified on
2 the plan and maintained throughout the fire season; the location of such breaks/trails shall be
3 approved by the Fire Code Official.
4 (d) Other fire protection measures based on best management practices for wildfire exposure
5 protection as required by the Fire Code Official.
6 Section 4907.2 is added to read as follows:
7 4907.2 Ancillary Buildings and Structures. When required by the enforcing agency, ancillary
8 buildings and structures and detached accessory structures shall comply with the provisions of this
9 chapter.
10 Chapter 50—Hazardous Materials
11 Section 5001.5.3 is added to read as follows:
12 5001.5.3 Electronic Reporting. All Hazardous Material Management Plans (HMMP) and
13 Hazardous Material Inventory Statements (HMIS) shall be submitted electronically in the
14 California Environmental Reporting System (CERS) annually as required by the Fire Code
15 Official. All updates to HMMP and HMIS must be made in CERS.
16 Chapter 56—Explosives and Fireworks
17 All local fireworks amendments are within Petaluma Municipal Code Chapter 17.20.070.
18 Chapter 53 — Compressed Gases
19 5307.2 Ventilation.
20 Section 5307.2 is amended to delete exception #1.
21 5307.2.1 Gas detection system.
22 Section 5307.3.2 is amended to read as follows:
23 5307.2.1 Gas detection system. Indoor storage and use areas and storage buildings shall be
24 provided with a gas detection system complying with Section 916.
25 5307.3.2 Gas detection system.
26 Section 5307.3.2 is amended to read as follows:
27 5307.3.2 Gas detection systems. Where ventilation is not provided in accordance with Section
28 5307.3.1, a gas detection system shall be provided in rooms or indoor areas and in below -grade
29 outdoor locations with insulated carbon dioxide systems. Caron dioxide sensors shall be provided
30 within 12 inches of the floor in the area where the gas is expected to accumulate or other approved
31 locations. The system shall be designed as follows:
32 1. Activates all audible and visible supervisory alarm at a normally attended location upon
33 detection of a carbon dioxide concentration of 5,000 ppm.
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1 2. Activates an audible and visible alarm within the room or immediate area where the system
2 is installed upon detection of a carbon dioxide concentration of 10,000 ppm.
3 Chapter 57 — Flammable And Combustible Liquids
4 5704.2.9.6.1 Locations where above -ground tanks are prohibited.
5 Section 5704.2.9.6.1 is amended to read as follows:
6 5704.2.9.6.1 Locations where above -ground tanks are prohibited. Storage of Class I and
7 II liquids in above -ground tanks outside of buildings is prohibited within the limits
8 established by law as the limits of the districts in which such storage is prohibited in any
9 area as established by applicable land -use and zoning standards.
10 5706.2.4.4 Locations where above -ground tanks are prohibited.
11 Section 5706.2.4.4 is amended to read as follows:
12 5706.2.4.4 Locations where above -ground tanks are prohibited. Storage of Class I and II
13 liquids in above -ground tanks outside of buildings is prohibited within the limits established
14 by law as the limits of the districts in which such storage is prohibited in any area as
15 established by applicable land -use and zoning standards.
16 5707 On -Demand Mobile Fueling Operations
17 Section 5707 is deleted.
18 Chapter 58 — Flammable Gases And Flammable Cryogenic Fluids
19 5806.2 Limitations.
20 Section 5806.2 is amended to read as follows:
21 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside
22 of buildings is prohibited within the limits established by law as the limits of the districts in
23 which such storage is prohibited in any area as established by applicable land -use and
24 zoning standards.
25 Chapter 61 — Liquid Petroleum Gases
26 6104.2 Maximum capacity within established limits.
27 Section 6104.2 is amended to read as follows:
28 6104.2 Maximum capacity within established limits. Within the limits established by law
29 restricting the storage of liquefied petroleum gas for the protection of heavily populated or
30 congested areas, the aggregate capacity of any one installation shall not exceed a water
31 capacity of 2,000 gallons in any area as established by applicable land -use and zoning
32 standards.
33 Exception: In particular installations, this capacity limit shall be determined by the fire code
34 official, after consideration of special features such as topographical conditions, nature of
I occupancy, and proximity to buildings, capacity of proposed LP -gas containers, degree of
2 fire protection to be provided and capabilities of the local fire department.
3 Chapter 80—Referenced Standards
4 NFPA 01-18: Fire Code, Chapter 38 Marijuana Growing, Processing, or Extraction Facilities
5 as amended*
6 3901.1.1
7 *NFPA 1, Chapter 38, is added in its entirety with amended sections as follows:
8 Add new Section 38.1.1.1 as follows:
9 38.1.1.1 Where NFPA 1, Chapter 38 references "this code", it is amended to reference the
10 applicable provisions or requirements of the California Fire Code. Where NFPA 1, Chapter 38
11 references "the building code", it is amended to reference the applicable provisions of the
12 California Building Code.
13 Revise Section 38.1.2 as follows:
14 38.1.2 The use, storage and handling of hazardous materials shall comply with this chapter, and
15 other applicable provisions of the California Building and Fire Codes.
16 Delete language to Sections 38.1.5 through 38.4 and reserve section numbers.
17 Revise Section 38.5.3.1 as follows:
18 38.5.3.1 Interior finish, including the use of any plastic, mylar, or other thin film sheeting to
19 enclose rooms or cover any walls or ceilings shall be in accordance with the California Building
20 Code.
21 Revise Section 38.6.1.1.2 as follows:
22 38.6.1.1.2 For other than CO? and nonhazardous extraction process, the marijuana extraction
23 equipment and process shall be located in a room or enclosure of noncombustible construction
24 dedicated to the extraction process and the room or enclosure shall not be used for any other
25 purpose.
26 Delete language to Sections 38.6.1.1.3 and reserve section number.
27 Revise Section 38.6.1.5.1.3 as follows:
28 38.6.1.5.1.3 In addition to the requirements in 38.6.1.5, systems, equipment, and processes shall
29 also comply with Chapter 50 of the California Fire Code, the California Building Code, and NFPA
30 90A.
31 Revise Section 38.6.1.5.2.2 as follows:
32 38.6.1.5.2.2 Refrigerators, freezers, and other cooling equipment used to store or cool flammable
33 liquids shall be listed for the storage of flammable/combustible liquids or be listed for Class I
34 Division I locations, as described in Article 501 of the California Electrical Code.
35 Revise Section 38.6.1.5.2.3 as follows:
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1 38.6.1.5.2.3 LPG tanks shall comply with Chapter 61 of the California Fire Code.
2 Delete language to Sections 38.6.1.5.3 through 38.6.1.5.6 and reserve section numbers.
3 Revise Section 38.6.2.3.5 as follows:
4 38.6.2.3.5 An automatic emergency power system shall be provided for the following items, when
5 installed:
6 (1) Extraction room lighting
7 (2) Extraction room ventilation system
8 (3) Solvent gas detection system
9 Exception: Extraction room ventilation systems in existing facilities are not required to have a
10 secondary power source, such as emergency power or standby power until such time that the
11 medium of extraction or solvent is changed.
12 Delete language to Sections 38.6.3.2.1 through 38.6.3.2.2 and reserve section numbers.
13 Revise Section 38.6.3.3 as follows:
14 38.6.3.3 Storage and Handling. The storage, use, and handling of flammable liquids shall be in
15 compliance with this chapter and the California Fire Code.
16 Delete language to Sections 38.6.4.3.1 through 38.6.4.3.3 and reserve section numbers.
17 Delete language to Sections 38.7 and reserve section number.
18 13-16: Standard for the installation of Sprinkler Systems as amended"
19 **NFPA 13, additional amended sections as follows:
20 Revise Section 25.5.1 as follows:
21 25.5.1 The installing contractor shall identify a hydraulically designed sprinkler system with
22 permanently raised, stamped or etched marked weatherproof metal or ridged plastic sign secured
23 with corrosion resistant wire, chain, or other approved means. Such signs shall be placed at the
24 alarm valve, dry pipe valve, preaction valve, or deluge valve supplying the corresponding
25 hydraulically designed area. Pipe schedule systems shall be provided with a sign indicating that
26 the system was designed and installed as a pipe schedule system and the hazard classification(s)
27 included in the design.
28 Chapter 80, NFPA, 13D-16 is amended as follows:
29 NFPA 13D-16 - Standard for the installation of Sprinkler Systems in One- and Two -Family
30 Dwellings and Manufactured Homes NFPA 13D, Amended additional Sections as follows:
31 Revise Section 5.1.1.2 to read as follows:
32 NFPA 13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the premises so
33 that any sprinklers that have operated or been damaged in any way can be promptly replaced.
I Add Section 5.1.1.2.1 as follows:
2 NFPA 13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature ratings of the
3 sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types
4 and ratings installed.
5 Add Section 5.1.1.2.2 as follows:
6 NFPA 13D.5.1.1.2.2. The sprinklers shall be kept in a mounted and accessible cabinet located
7 where the temperature to which they are subjected will at no time exceed the maximum ceiling
8 temperatures specified in Table 5.1.1.6.1 for each of the sprinklers within the cabinet.
9 Add Section 5.1.1.2.3 as follows:
10 NFPA 13D.5.1.1.2.3. One sprinkler wrench as specified by the sprinkler manufacture shall be
11 provided in the cabinet for each type of sprinkler installed to be used for the removal and
12 installation of sprinklers in the system.
13 NFPA 13D 6.2.1
14 Revise Section 6.2.1 as follows:
15 6.2.1 Where a pump is the source of pressure for the water supply for a fire sprinkler system but is
16 not a portion of the domestic water system, the following shall be met:
17 (1) A test connection shall be provided downstream of the pump that creates a flow of water
18 equal to the smallest sprinkler K -factor on the system.
19 (2) Pump motors using ac power shall be rated for 240 V and wired in accordance with the
20 NEC (NFPA 70).
21 (3) Any disconnecting means for the pump shall be approved.
22 (4) The pump shall be located not less than 1 '/2 inch off the floor.
23 (5) Exterior pumps shall be installed in a well ventilated, weather protected area or shelter.
24 NFPA 13D 6.2.2
25 Revise Section 6.2.2 as follows:
26 6.2.2 Where a well, pump, tank or combination thereof is the source of supply for a fire sprinkler
27 system, the configuration for the system shall be one of the following:
28 (1) The water supply shall serve both domestic and fire sprinkler systems.
29 (a) A test connection shall be provided downstream of the pump that creates a flow of
30 water equal to the smallest sprinkler on the system. The connection shall return
31 water to the tank.
32 (b) Any disconnecting means for the pump shall be approved.
33 (c) A method for refilling the tank shall be piped to the tank.
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I (d) A method of seeing the water level in the tank shall be provided without having to
2 open the tank.
3 (e) The pump shall be located not less than 1 '/2 inch off the floor.
4 (f) Exterior pumps shall be installed in a well ventilated, weather protected area or
5 shelter.
6 (2) A stand-alone fire sprinkler system is permitted if the following conditions are met:
7 (a) The pump shall be connected to a 220 -volt circuit breaker shared with a common
8 household appliance (e.g., range, oven, dryer), or have a power failure alarm
9 installed acceptable to the Authority Having Jurisdiction that provides an audible
10 and visual signal within the residence at an approved location. The alarm and
11 components shall be listed by an approved agency.
12 (b) The pump shall be a stainless steel 240 -volt pump,
13 (c) A valve shall be provided to exercise the pump. The discharge of the exercise valve
14 shall drain to the tank, and
15 (d) A sign shall be provided stating: "Valve must be opened monthly for 5 minutes."
16 (e) A means for automatically refilling the tank level, so that the tank capacity will
17 meet the required water supply duration in minutes, shall be provided.
18 (f) A test connection shall be provided downstream of the pump that creates a flow of
19 water equal to the smallest sprinkler on the system. The connection shall return
20 water to the tank.
21 (g) Any disconnecting means for the pump shall be approved.
22 (h) A method for refilling the tank shall be piped to the tank.
23 (i) A method of seeing the water level in the tank shall be provided without having to
24 open the tank.
25 (j) The pump shall be located not less than 1 '/2 inch off the floor.
26 (k) Exterior pumps shall be installed in a well ventilated, weather protected area or
27 shelter.
28 Revise Section 7.6 to read as follows:
29 NFPA.13D.7.6 A local water flow alarm shall be provided on all sprinkler systems on the exterior
30 of the home within 10 feet of the riser location, or as approved by the fire code official.
31 Revise Section 8.3.4 to read as follows:
32 NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open attached porches,
33 detached carports with no habitable space above, and similar structures unless otherwise required
34 by the California Building, Residential or Fire Codes.
35 Add Section 8.3.5.2 to read as follows:
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I NFPA.13D.8.3.5.2 At least one quick -response intermediate temperature residential sprinkler shall
2 be installed above attic access openings.
3 NFPA 13R-16 - Standard for the installation of Sprinkler Systems in Residential
4 Occupancies up to and including Four Stories in Height
5 NFPA 13R, Amended additional Sections as follows:
6 NFPA 13R-16 6.6.6.1
7 Add Section 6.6.6.1 as follows:
8 6.6.6.1 At least one quick -response intermediate temperature residential sprinkler shall be installed
9 within 5 feet and above attic access openings.
10 NFPA.72-16 — National Fire Alarm and Signaling Code
11 NFPA 72, Amended additional Sections as follows:
12 NFPA 72-7.5.6.1
13 Revise Section 7.5.6.1 as follows:
14 7.5.6.1 The record of completion shall be documented in accordance with 7.5.6 using the record of
15 completion forms, Figure 7.8.2(a) through Figure 7.8.2(f).
16 NFPA 72-7.6.6
17 Revise Section 7.6.6 as follows:
18 7.6.6 The record of all inspection, testing and maintenance as required by 14.6.2.4 shall be
19 documented using the record of inspection and testing forms, Figure 7.8.2(g) through Figure
20 7.8.2(1).
21 NFPA 72 14.7
22 Add Section 14.7 as follows:
23 14.7 Labels and Tags.
24 14.7.1 Labels or tags shall be used on fire alarm systems and shall be placed on the outside of the
25 fire alarm control unit.
26 14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.
27 14.7.3 The following information shall be printed on the labels and tags approved by the fire code
28 official:
30 16. Concern Name/Company Name
31 17. Concern Physical Address
32 18. Concern Phone Number
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1 19. License Number (State of California Contractor State License Board License)
2 20. Date of service or testing and maintenance
3 21. Space or line for signature of person performing or supervising the servicing shall be
4 placed on the tag or label
5 14.7.4 When service or testing and maintenance is performed, the initial date of service or testing
6 and maintenance, the printed name and signature of the person performing or supervising the
7 service shall be placed on the tag or label.
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarin system
except when servicing or testing and maintenance is performed.
14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be
attached to any fire alarm system.
14.7.7 The Label or tag conforming to this section shall be securely attached to each fire alarm
system at the time of servicing or testing and maintenance.
14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all
deficiencies have been corrected.
14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSFUL 969, Standard
for Marking and Labeling Systems, 4th edition, 1995, which is hereby incorporated by reference.
Appendix B — Fire -Flow Requirements For Buildings
Section B 105.1 is amended to read as follows:
Table.B105.1(1)
Appendix B Table B 105.1(1) is amended to read as follows:
Table B105.1(1) Required Fire -Flow For One- And Two -Family Dwellings, Group R-3 And
R-4 Buildings And Townhouses
Fire -Flow Automatic Sprinkler System Minimum Fire -
Flow
Calculation Area (Design Standard)
(gallons per
(square feet) minute)
0-3,600 No automatic sprinkler system 1,500
3,601 and greater No automatic sprinkler system Value in
Table B 105.1(2)
0-3,600 Section 903.3.1.3 of the California 1,500
Fire Code
Flow Duration
(hours)
NI
Duration in Table
B105.1(2) at
The required fire -flow
rate
2
z
or Section 313.3 of the California
Residential Code
3,601 and greater Section 903.3.1.3 of the California '/Z value in Duration in Table
Fire Code B105.1(2) at
Table B 105.1(2)a
or Section 313.3 of the California The required fire -flow
Residential Code ate
1 For SL• 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m.
2 a. The reduced fire -flow shall be not less than 1,500 gallons per minute.
3 Section B 105.2 is amended to read as follows:
4 Table B105.2
5 Appendix B Table B105.2 is amended to read as follows:
6 Table B105.2 Required Fire -Flow For Buildings Other Than One- And Two -Family
7 Dwellings, Group R-3 And R-4 Buildings And Townhouses
Automatic Sprinkler System Minimum Fire -Flow Flow Duration
(Design Standard) (gallons per minute) (hours)
No automatic sprinkler system Value in Table Duration in Table B 105.1(2)
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
Section 903.3.1.2 of the
California Fire Code
50% of the value in
Table B 105.1(2)`'
50% of the value in
Table B105.1(2)a
Duration in Table B 105.1(2) at the
reduced flow rate
Duration in Table B 105.1(2) at the
reduced flow rate
8 For SI: 1 gallon per minute = 3.785 L/m.
9 a. The reduced fire -flow shall be not less than 1,500 gallons per minute.
10 Appendix C — Fire Hydrant Locations and Distribution
11 Section C 103.1 is amended to read as follows:
12 C103.1 Hydrant Spacing. The average spacing between fire hydrants shall not exceed that listed
13 in Table C 103.1.
14 Exceptions: The Fire Chief is authorized to allow deviations from this section where existing fire
15 hydrants provide all or a portion of the required fire hydrant service.
16 Table C 103.1 of Appendix C: Footnotes (i) and 0) are added to read as follows:
17 (i) For commercial, industrial and multifamily residential dwellings, average spacing shall be no
18 greater than three hundred feet (300').
W
1 0) A fire hydrant shall be located within fifty feet (50') of the FDC, or as approved by the Fire
2 Code Official.
3 Appendix D — Fire Apparatus Access Roads
4 Section D 103.2 is amended to read as follows:
5 D103.2 Grade. The grade of fire apparatus access roads shall be in accordance with the City of
6 Petaluma standards for public streets or as approved by the Fire Chief.
7 Section D103.3 is hereby amended to read as follows:
8 D103.3 Turning Radius. The minimum turning radius shall be determined by the Fire Code
9 Official or as approved by local standards.
10 Section D 103.4 is amended to read as follows:
11 D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of one hundred fifty feet (150')
12 (45.720 m) shall be provided with width and turnaround provisions in accordance with the local
13 agency requirements for public streets or as approved by local standards.
14 Table D103.4 is deleted in its entirety.
15 Section D 103.6 is amended to read as follows:
16 D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall be
17 marked with permanent NO PARKING -FIRE LANE signs complying with the California Vehicle
18 Code and fire department standards.
19 Section D 104.2 is amended to delete the exception and read as follows:
20 D104.2 Buildings Exceeding 62,000 Square Feet in Area. Buildings or facilities having a gross
21 building area of more than 62,000 square feet (5,760 m') shall be provided with two (2) separate
22 and approved fire apparatus access roads.
23 Section D 106.1 is amended to delete the exception and read as follows:
24 D106.1 Projects Having More Than Fifty (50) Dwelling Units. Multiple -family residential
25 projects having more than fifty (50) dwelling units shall be provided with two (2) separate and
26 approved fire apparatus access roads.
27 Section D106.2 is hereby deleted.
28 Section D 107.1 is amended to delete exceptions 1 and 2 and read as follows:
29 D107.1 One- or Two -Family Dwelling Residential Developments. Appendix D, Section D107.1
30 exceptions #1 and #2 are deleted.
31 (Ord. 2586 NCS §5, 2010.)
32 17.20.060 New materials, processes or occupancies which may require permits.
33 The city manager, the fire chief and the fire code official shall act as a committee to detennine and
34 specify, after giving affected persons an opportunity to be heard, any new materials, processes or
I occupancies for which permits are required in addition to those now enumerated in this code. The
2 fire code official shall post such list in a conspicuous place at the fire prevention bureau and
3 distribute copies thereof to interested persons. (Ord. NCS §6, 2019.)
M
Exhibit A
6 TO THE CALIFORNIA FIRE CODE, 2019 EDITION WITH CALIFORNIA
7 AMENDMENTS, DUE TO LOCAL CONDITIONS
9 CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health
10 and Safety Code, the governing body of the City of Petaluma in its Ordinance adopting and
11 amending the 2019 Edition of the California Fire Code, changes or modifies certain provisions of
12 the California Building Standards Code as it pertains to the regulation of buildings used for human
13 habitation. A copy of the text of such changes or modifications is attached.
14 FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
15 Safety Code, the governing body of the City of Petaluma has determined and finds that all the
16 attached changes or modifications are needed and are reasonably necessary because of local
17 climatic, geological and topographic conditions as discussed below.
18 LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
19 loss fires, (2) major earthquake damage and (3) the potential for life and property loss, making the
20 changes or modifications in the California Fire Code and the State Building Standards Code
21 necessary in order to provide a reasonable degree of property security and fire and life safety in the
22 City of Petaluma.
23 Below are adverse local climatic, geological and topographic conditions that necessitate the
24 modifications to the California Fire Code and California Building Standards Code.
25 CLIMATIC (a)
26 Precipitation: Precipitation ranges from twenty inches (20") to approximately twenty-five inches
27 (25") per year. Approximately ninety percent (90%) falls during the months of November through
28 April and ten percent (10%) from May through October. Severe flooding occurred during the
29 months of January and March, 1995 and in 1998 and 2006.
30 Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and
31 eighty-six percent (86%) at night. It drops to twenty percent (20%) during the summer months and
32 occasionally drops lower during the months of September through November.
33 Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
34 summer highs are in the 78-85 degree range.
35 Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
36 every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
37 7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been
38 known to occur.
m
I Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in the
2 community. Times of little or no rainfall, of low humidity and high temperatures create extremely
3 hazardous conditions, particularly as they relate to wood shake and shingle roof fires and
4 conflagrations. The winds experienced in this area also adversely impact structure fires in
5 buildings in close proximity to one another. Winds can carry sparks and burning branches to other
6 structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally
7 force fires back into the building and create a blowtorch effect, in addition to preventing natural
8 ventilation and cross -ventilation efforts. Petaluma's downtown and surrounding areas contain
9 numerous historic and older buildings that are located very close together, which exacerbates the
10 fire danger from dry conditions, wind, and shake/shingle roofs.
11 TOPOGRAPHIC (b)
12 The topographic fire environment of a community is primarily the combination of two factors: the
13 area's physical geographic characteristics and the historic pattern of urban -suburban development.
14 These two factors, alone and combined, create a mixture of environments which ultimately
15 determine the areas' fire protection needs.
16 The basic geographical boundaries of the City include hills to the south and west, and valley floor
17 in the central area and to the north and east. The Petaluma River bisects the City through the
18 central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
19 population estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills,
20 valleys, and ridges. Currently, within the City, are three (3) fire stations and fifty-three (53) fire
21 personnel (58 when fully staffed). Because of the size of the City of Petaluma, the characteristics
22 of the fire environment changes from one location to the next. For example, the central downtown
23 area contains older buildings situated close together, which increases the ability of fire to spread
24 from one building to the next. In contrast, some of the properties on the outlying hills are far apart,
25 but contain large grassy acreages that promote quickly -spreading wildfires during the long dry
26 season.
27 The City's development pattern also contributes to its unique fire protection needs. Development
28 has traditionally occurred on the flat lands (0 — 5% slope) in the central and eastern portions of the
29 City. However, over the last ten (10) years, development has spread into the hills and the smaller
30 valleys and canyons. This development has significantly increased the service area for the City's
31 fire department and has added complicated logistical challenges for getting fire equipment to
32 remote fires or fires on steep hillsides. The majority of the hillsides in these areas have slopes
33 ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will double as the slope
34 percentage doubles, all other factors remaining the same.
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 the
37 long periods of the year with little or no rain (April through October), this vegetation provides
38 ready fuel for fast -spreading wildfires.
39 Moreover, some of the structures in the City have combustible wood -shingle or shake roofs. This
40 very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
41 spread of fire to adjacent buildings.
42 GEOLOGICAL (c)
I The above local topographic conditions enhance the magnitude, exposure, accessibility problems,
2 and fire hazards presented to the City of Petaluma. Fire following an earthquake has the potential
3 of causing greater loss of life and damage than the earthquake itself.
4 The relatively young geological processes that have created the San Francisco Bay Area are still
5 active today. Two (2) active earthquake faults (San Andreas and Hayward -Rodgers Creek) affect
6 the Petaluma area. Approximately fifty percent (50%) of the City's land surface is in the high -to -
7 moderate seismic hazard zones.
8 The majority of the City's industrial complexes are located in the highest seismic risk zones. The
9 highest seismic risk zone also contains the largest concentration of hazardous materials. Hazardous
10 materials, particularly toxic gases, could pose the greatest threat to the largest number people,
11 should a significant seismic event occur. The City's resources would have to be prioritized to
12 mitigate the greatest threat, and may likely be unavailable for fires in smaller single -dwellings and
13 structures.
14 Other variables that may intensify the fire danger after a major seismic event include:
15 • The extent of damage to the water system;
16 • The extent of isolation due to bridge and/or freeway overpass collapse;
17 • The extent of roadway damage and/or amount of debris blocking the roadways;
18 • Climatic conditions (hot, dry weather with high winds);
19 • Time of day, which will influence the amount of traffic on roadways and could intensify
20 the risk to life during normal business hours;
21 • The availability of timely mutual aid or assistance from neighboring departments, which
22 will likely have similar emergencies at the same time; and
23 • The large portion of dwellings with wood shingle roof coverings, which will increase the
24 likelihood of conflagrations.
25 Conclusion
26 Local climatic, geological and topographic conditions impact fire protection efforts, and the
27 frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
28 Further, they impact potential damage to all structures from earthquake and subsequent fire.
29 Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
30 mitigate the effects of the above conditions. Theses local climactic and geological conditions have
31 necessitated these minor modifications to the Title 24, Part 9, California Fire Code.
32 SECTION 4: SEVERABILITY If any part of this Ordinance is for any reason held to be
33 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
34 decision will not affect the validity of the remaining parts of this Ordinance. The City
35 Council of the City of Petaluma hereby declares that it would have passed and adopted this
36 Ordinance and each of its provisions irrespective of any part being held invalid.
37 SECTION 5: CEQA The City Council finds that this Ordinance is not subject to the
38 California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
I CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably
2 foreseeable indirect physical change in the environment, and pursuant to Section
3 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in
4 Section 15378) of the CEQA Guidelines.
5 SECTION 6: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall
6 become effective thirty (30) days after the date of its adoption by the Petaluma City Council.
7 SECTION 7: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed
8 to post and/or publish this ordinance or a synopsis of it for the period and in the manner
9 required by the City Charter. The City Clerk is also hereby directed to file a Notice of
10 Exemption concerning this ordinance with the Office of the Sonoma County Clerk in
11 accordance with Section 15062 of the CEQA Guidelines.
12
13 INTRODUCED and ordered posted/published this day of , 2019.
14
15 ADOPTED this day of , 2019 by the following vote:
16
17
18
19 AYES:
20 NOES:
21 ABSENT:
22
23
24
25
26
27 , Mayor
28
29
30
31
32 ATTEST: APPROVED AS TO FORM:
33
34
35
36
37
38 Claire Cooper, City Clerk Eric Danly, City Attorney
39
40
41
In
I Attachment 3
2
3 ORDINANCE NO. 2710 N.C.S.
4
5
6 Introduced by Seconded by
7
8
9
10
11 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
12 ADDING SECTION 17.20.070 OF THE PETALUMA MUNICIPAL CODE
13 TO ADOPT THE 2019 CALIFORNIA FIRE CODE, CALIFORNIA
14 BUILDING STANDARDS CODE, TITLE 24, PART 9, CHAPTER 56 BASED
15 ON THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE,
16 INCLUDING LOCAL AMENDMENTS TO SPECIFIED PROVISIONS OF
17 THE CALIFORNIA BUILDING STANDARDS CODE
18 WHEREAS, every three years, the City of Petaluma adopts local amendments to the State Building,
19 Residential, and Fire Codes, pursuant to California Health and Safety Code Section 17958.7; and
20 WHEREAS, due to the PG&E Public Safety Power Shutoff and the Kincade Fire occurring in
21 October 2019, and those events' impacts on Sonoma County generally and the City of Petaluma
22 specifically, adoption of these local updates was delayed; and
23 WHEREAS, due to that delay, there is not sufficient time to adopt the local amendments as a regular
24 ordinance, requiring the City of Petaluma to adopt them as an urgency ordinance; and
25 WHEREAS, without this urgency ordinance, the state code would become the default, which would
26 not include important, relevant updates specific to the City of Petaluma; and
27 WHEREAS, for the immediate preservation of the public peace, health, and safety, this ordinance
28 is being presented as an urgency ordinance and shall take effect immediately in accordance with
29 Gov. Code, § 36937.
30 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
31 SECTION 1: FINDINGS
32 The City Council of the City of Petaluma finds that in order to best protect the health, safety
33 and welfare of the citizens of the City of Petaluma, the standards of building within the City
34 must conform with state law except where local climatic, geological, and topographic
35 conditions warrant more restrictive regulations. Therefore, the City Council should adopt
36 the current state building codes, contained in California Building Standards Code Title 24,
37 and other uniform codes governing the construction and regulation of buildings and
38 structures with the modifications and amendments contained herein.
39 Pursuant to California Health and Safety Code Section 17958.7, the City Council makes the
40 factual findings set forth in "Exhibit A" attached hereto and incorporated herein by reference,
41 and finds that the amendments made in this ordinance to the California Building Standards
71
I Code Title 24, Parts 9, Chapter 56 is reasonably necessary because of the local climatic,
2 geological or topographical conditions described in Exhibit A.
3 SECTION 2: CURRENT BUILDING CODES ADOPTED
4 Chapter 17.20.070 of the Petaluma Municipal Code, entitled "Fire Code Chapter 56 – Explosives
5 and Fireworks" is hereby added to read as follows:
6 17.20.***: Adoption of Fire Code Chapter 56 – Explosives and Fireworks
7 Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted
8 by reference, including the amendments listed in this chapter which are made pursuant to the findings
9 of fact set forth in the adopting ordinance.
10 A. Part 9-2019 California Fire Code Chapter 56 – Explosives and Fireworks;
11 Section 105.6.40.139.2 is added to read as follows:
12 105.6.40.139.2 Retail Sales of Fireworks. An operational pen -nit to engage in the sales or
13 distribution of state -approved fireworks is required.
14 Section 108.1 is amended to read as follows:
15 Section 109.1 Appeals
16 Fireworks Booth Sales Permits. Notwithstanding Section (a), the following appeals procedure shall
17 apply exclusively to permits for Fireworks Booths Sales under this Code. Any person aggrieved by
18 a decision of the Fire Chief, or his/her designee, to disapprove an application, refuse to grant a
19 permit, place conditions on a permit, or revoke a fireworks booth sales permit shall have a right of
20 appeal of the decision to the City Manager, or his/her designee. Such appeal shall be taken by
21 filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision.
22 The appeal shall set forth the grounds for the appeal and the name and address of the person
23 requesting the appeal. A failure to file a timely and complete appeal shall render the decision final
24 and conclusive. The City Manager shall, within ten (10) days of the filing of the appeal, set a time
25 and place for a hearing on the appeal. The appeal shall be set no less than five (5) days after the
26 filing of the appeal and no more than sixty (60) days after the filing of the appeal. The City
27 Manager's determination following the hearing shall be in writing and shall contain a statement of
28 the facts upon which the determination is based. The City Manager's determination shall be sent
29 first-class U.S. mail, postage prepaid to the person requesting the appeal, not later than ten (10)
30 days following the date of such detennination. The determination of the City Manager shall be
31 final and conclusive.
32 Section 110.4 is amended as follows:
33 Chapter 56—Explosives and Fireworks
34 Section 5602 is hereby amended to add the following definitions:
35 5602 Definitions
36 Affiliated Organization. For purposes of this Article, shall be presumed to be the following:
1 1. Organizations incorporated under the same charter or organization and their auxiliaries if the
2 auxiliary is incorporated under the same charter;
3 2. Organizations sharing the same officers and/or place of meetings and/or national parent
4 organization;
5 3. Subdivisions and/or fractional divisions however named or delineated of organizations;
6 4. Sub -organizations, one of whose primary purpose is to provide financial and/or manpower
7 support to a parent nonprofit organization.
8 However, different organizations affiliated with and officially recognized by any elementary,
9 junior high and/or high school and/or school district that serves, in whole or in part, the residents
10 of the City of Petaluma or any public or private community college, college and/or university
11 located within the boundaries of the City of Petaluma shall not be presumed to be "affiliated
12 organizations" unless it can be shown that they serve the same interest area or concern (i.e.,
13 boosters of high school football and boosters of high school basketball would be presumed to be
14 two different, non-affiliated organizations).
15 Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as defined in Health
16 and Safety Code sections 12505 and 12561 and the relevant sections of Title 19, California Code
17 of Regulations, Subchapter 6, which are hereby incorporated by reference.
18 Fireworks Booth. Fireworks booth shall mean any building, counter or other structure of a
19 temporary nature used in the sale, offering for sale or display for sale of "safe and sane fireworks."
20 Nonprofit Organization. For the purposes of this Chapter, nonprofit organization shall mean any
21 nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare,
22 civic bettennent, educational, youth development or charitable purposes pursuant to Internal
23 Revenue Code Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or
24 which has been issued a tax-exempt certificate as required under the Revenue and Taxation Code
25 of the State of California; or a group which is an integral part of a recognized national organization
26 having such tax-exempt status; or a nonprofit organization affiliated with and officially recognized
27 by an elementary, junior high and/or high school and/or school district that serves, in whole or in
28 part, the residents of the City of Petaluma or public and/or private community college, college
29 and/or university which is located within the boundaries of the City of Petaluma.
30 Person. Person shall mean a natural person or a legal entity that is also an owner, tenant, lessee
31 and/or other person with any right to possession or control of the property where a violation of this
32 code occurred.
33 Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane fireworks" as
34 defined in Health and Safety Code Section 12529 and 12562 and the relevant sections of Title 19,
35 California Code of Regulations, Subchapter 6, which are hereby incorporated by reference.
36 "Piccolo Pete -type fireworks" are also known and sometimes referred to and/or labeled as, and/or
37 have substantially the same appearance and discharge characteristics as, but are not limited to:
38 "Piccolo Pete," "Whistle Pete," "Nite Siren," "Whistling Phantom," "Screaming Willy" and
39 "Whistling Pete."
73
I Principal and Permanent Meeting Place. Principal and permanent meeting place shall mean a
2 permanent structure, playing field, geographic area or service population which resides in or is
3 located within the City of Petaluma.
4 Public Display of Fireworks. Public display of fireworks shall mean an entertainment feature
5 where the public is admitted or permitted to view the display or discharge of fireworks by a
6 licensed pyro-technician.
7 Qualified Applicant. Qualified applicant shall mean any group or organization which has met all
8 of the following criteria for a continuous period of not less than one full year preceding submittal
9 of an application for a permit to sell required by this Chapter and which continues to meet the
10 criteria for the duration of any pen -nit to sell issued by the City of Petaluma pursuant to this
11 Chapter. A nonprofit organization as defined in this Chapter:
12 1. The organization must have its principal and pennanent meeting place within the City;
13 2. The organization must be one which provides direct and regular community services and
14 benefits to the residents of the City;
15 3. The organization must have a minimum bona fide membership of at least twenty (20) members
16 who either reside in the City, are employed in the City or are owners or operators of a business or
17 other establishment located in the City;
18 4. Neither the organization nor any of its officers and/or officials have been found by any court or
19 City administrative process to be in violation of any civil or criminal local, state or federal law
20 relating to fireworks within twenty-four calendar months prior to the organization's submittal of an
21 application for a permit to sell;
22 5. The organization has not had a permit to sell fireworks revoked within twenty-four months prior
23 to the organization's submittal of an application for a permit to sell.
24 Responsible Person. Responsible person shall mean a person who causes a violation of this
25 Chapter to occur or allows a violation to exist or continue, by his or her action or failure to act, or
26 whose agent, employee or independent contractor causes a violation to occur, or allows a violation
27 to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel,
28 as shown on the county's latest equalized property taxes assessment rolls, and a lessee of a
29 residential parcel has a notice of any violation existing on said property. For purposes of this
30 Chapter, there may be more than one responsible person for a violation. Any person, irrespective
31 of age, found in violation of any provision of this Chapter may be issued a citation in accordance
32 with the provisions of this Chapter. Every parent, guardian or other person, having the legal care,
33 custody or control of any person under the age of eighteen (18) years, who knows or reasonably
34 should know that a minor is in violation of this Chapter, may be issued a citation in accordance
35 with the provisions of this Chapter, in addition to any citation that may be issued to the offending
36 minor.
37 State -Approved Fireworks. State -approved fireworks shall mean "safe and sane fireworks" as
38 defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19,
39 California Code of Regulations, Subchapter 6, which are hereby incorporated by reference. State -
40 approved fireworks are also known, and sometimes referred to, as "safe and sane fireworks."
41 Section 5614 is added to read as follows:
W
1 5614 Fireworks. Except as hereinafter provided, it shall be unlawful for any person to possess,
2 store, offer for sale, expose for sale, sell at retail or use or explode any dangerous fireworks or
3 explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, wire core sparkler,
4 wooden core sparkler, black cartridge or other combustible device or explosive substance, or any
5 kind of fireworks or dangerous fireworks by whatsoever name known within the City of Petaluma
6 provided that the Fire Chief shall have power to adopt reasonable rules and regulations for the
7 granting of permits for supervised public displays of fireworks by a public agency, fair association,
8 amusement park or other organization or for the use of fireworks by artisans in pursuit of their
9 trade. Every such use or display shall be handled by a competent operator approved by the Fire
10 Chief and shall be of such character and so located, discharged or fired as in the opinion of the Fire
1 I Chief, after proper investigation, not to be hazardous to property or endanger any person.
12 Exception: State -Approved Fireworks: It shall not be unlawful to possess or sell, within the City,
13 state -approved fireworks and/or safe and sane fireworks as defined herein.
14 This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal as
15 a wholesaler and/or import/export concern to legally possess or sell fireworks, including those
16 prohibited by this section, within the City for the primary purpose of sale and distribution outside
17 the City.
18 Notwithstanding any provision of this code, the City Council, upon advice of the Fire Chief, may
19 in any given fireworks sales year prohibit the sale and use of state -approved fireworks and/or safe
20 and sane fireworks when it is determined that conditions exist in the City, including but not limited
21 to fire weather events, fuel moisture, drought, limitations on available firefighting forces and/or
22 other condition, that create an extreme danger to the public health and safety and/or life and
23 property of the residents, businesses and visitors of the City.
24 Section 5614.1 is hereby added to read as follows:
25 5614.1 - Fireworks - Conditions of Sales
26 (a) It is unlawful for any person, firm, corporation, association, or organization to sell or offer for
27 sale any fireworks within the City, except as expressly permitted by this Ordinance.
28 (b) Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and
29 Safety Code, Division 11, Part 2, Chapters 17, Health and Safety Code Sections 12500-
30 12801), and the provisions of this code, state -approved fireworks, as defined in Section 12504 of
31 the California Health and Safety Code, may be sold within the City between the hours of 10:00
32 a.m. and 9:00 p.m. on June 30th, July 1 st, July 2nd, July 3rd and July 4th. Pyrotechnic displays
33 may deviate from these restrictions subject to applicable provisions of the California Health and
34 Safety Code, and provided they are approved by the Fire Chief or his/her designated
35 representative.
36 (c) Permit Required. No person, firm, corporation, association, or organization shall sell fireworks
37 within the City unless they are a qualified applicant and/or affiliated organization of a qualified
38 applicant as defined in this Chapter and have first obtained a permit therefor. Issuance of the
39 permit shall fulfill all municipal licensing requirements and fire safety conditions outlined by the
40 Fire Department. All permit applications shall be received in the Fire Prevention Bureau by no
41 later than the last day of May each year. No person, firm, corporation, association or other
42 organization, other than the qualified applicant or its authorized representatives shall operate the
W
I booth for which the permit is issued or share or otherwise participate in the profits of the operation
2 of such booth.
3 In addition to any fees established by resolution of the City Council for permit application,
4 processing, inspection and/or business licenses for any wholesale or retail sales of state -approved
5 fireworks, any qualified applicant for a permit for wholesale sales of state -approved fireworks
6 shall pay a non-refundable "Public Education and Compliance" fee, in an amount to be established
7 by resolution of the City Council, to cover the City's costs for enhanced public education and
8 enforcement of the regulations governing state -approved fireworks set forth in this section. The
9 "Public Education and Compliance" fee shall also include the costs associated with the cleanup and
10 removal of fireworks debris left on public rights-of-way, and all public properties such as City
11 parks, City Hall and other City facilities.
12 Nonprofit organizations licensed and permitted to sell state -approved fireworks in the City are
13 required to obtain a temporary sales tax permit from the local office of the State Board of
14 Equalization.
15 (d) Information Required on Permit. Each qualified applicant for such pen -nit shall file a written
16 application with the Fire Prevention Bureau showing the following information:
17 1. Name and address of qualified applicant.
18 2. Location where the qualified applicant proposes to sell fireworks.
19 3. Places of storage for fireworks.
20 4. Evidence that the qualified applicant meets the criteria specified in this code.
21 (e) Organization(s) Authorized to Sell. No permit to sell state -approved fireworks shall be issued
22 to any person except the following.
23 1. Organizations or local community service associations which constitute qualified applicants
24 and/or affiliated organizations of a qualified applicant, as defined in this Chapter.
25 (f) Determination of Eligibility by Fire Chief—Right of Appeal. The Fire Chief shall make a
26 determination as to which organizations, including qualified organizations, meet the criteria
27 specified in Section 5. Any aggrieved applicant may appeal the decision of the Fire Chief pursuant
28 to Appendix Chapter 1, Section 108.1.
29 (g) Maximum Number of Permits to Sell. The maximum number of permits to sell state -approved
30 fireworks shall not exceed eighteen (18) booths. Any person or organization which sold fireworks
31 from an outdoor temporary fireworks booth in the City of Petaluma pursuant to a pen -nit issued in
32 2013 shall be entitled to apply for a permit, and upon meeting all of the standards and conditions
33 set forth in Section 5609.1 shall receive such pen -nit. Only one (1) permit per organization will be
34 allowed.
35 (h) Abandon Pen -nits. Any previous permit holder who does not apply and obtain a permit for each
36 consecutive year shall be deemed to have abandoned the right to such a permit. When a permit has
37 been abandoned, the permit will not be reissued or transferred to a new vendor.
m
I (i) Revocation of Permits. If a fireworks booth permit is revoked by the Fire Code Official because
2 the permit holder failed to meet the standards and conditions set forth on the permit, the permit
3 may be considered abandoned.
4 0) Total Number of Booths Permitted for an Entity, Organization, or Group. Fireworks sales
5 permits shall be limited to one (1) booth per qualified applicant. The purpose of limiting booths to
6 one (1) per applicant is to allow a maximum number of entities, organizations or groups to
7 participate in fireworks sales without creating an unfair advantage for one group over another.
8 (k) Assignment of Available Permits for the 2014 Fireworks Year. If the number of applications
9 received up to and including the last day of May, 2014 exceeds the number of permits to be issued,
10 the Fire Code Official shall forward a list of qualified applicants who did not hold permits to sell in
11 the prior year to the City Clerk who shall, not later than the 5th day of June, supervise an impartial
12 drawing to determine an order of priority for each application. Upon such detennination, the City
13 Clerk shall forward to the Fire Code Official a list of applications, numbered in order of priority
14 drawn for investigation and issuance. Permits may be issued in order of priority drawn to those on
15 the list until the maximum of eighteen (18) booths is reached.
16 (1) Insurance Requirements as Condition of Sale. Each applicant for a permit shall file with the
17 Bureau of Fire Prevention, prior to the issuance of any pennit, a policy of public liability insurance
18 with applicable coverage of a minimum of one million dollars ($1,000,000). No policy will be
19 acceptable which contains a provision allowing for a deductible amount. The City, its officers,
20 employees, agents and volunteers shall be named as additional insured on such insurance policy or
21 certificate of insurance by a separate specific endorsement in a form acceptable to the City's Risk
22 Manager and City Attorney.
23 (m) Hold Harmless and Indemnification. The fireworks distributor and the non-profit organization
24 must agree in writing to indemnify, defend with counsel acceptable to the City of Petaluma
25 (hereinafter "City"), and hold harmless City and its officers, officials, employees, agents and
26 volunteers from and against any and all liability, loss, damage, claims, expenses and costs
27 (including, without limitation, attorney's fees and costs and fees of litigation) (collectively
28 "Liability") of every nature arising out of or in connection with the Pen -nit including, but not
29 limited to, any and all activities authorized, performed, allowed and/or required under the Permit,
30 except such Liability caused by the sole negligence or willful misconduct of City.
31 (n) Authorization of Property Owner. The property owner(s) of record or their designated
32 representative with authority to agree to the Applicant's conduct of the sales/storage of fireworks
33 on the identified property must acknowledge in writing that they have received and read the
34 application for fireworks sales/storage from a State -Approved Fireworks Booth to be located on
35 the property identified in the pen -nit.
36 (o) Fireworks Booth—Restrictions on Sales.
37 1. No booth shall be located within twenty-five feet (25') of combustible buildings and/or building
38 openings (windows or doors) or within fifty feet (50') of any flammable storage or within one
39 hundred feet (100') of any gasoline pump or distribution point. Location of booths is contingent
40 upon approval from the Fire Chief or designated representative.
41 2. No booth shall have a floor area in excess of seven hundred fifty square feet (750' sq.). Each
42 booth shall have at least two (2) exits. Each booth in excess of forty feet (40') in length shall have
43 at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case
W
I shall the distance between the exits exceed twenty-four feet (24'). Exit doors shall not be less than
2 twenty-four inches (24") wide and six feet (6') in height and shall swing in the direction of exit
3 travel.
4 3. All weeds and combustible materials shall be cleared in and around booth for a distance of at
5 least twenty feet (20').
6 4. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed within any
7 fireworks booth.
8 5. No person under eighteen (18) years of age shall sell or participate in the sale of state -approved
9 fireworks at such booth. No person under eighteen (18) years of age shall be permitted inside the
10 booth during hours of operation. Each booth must have an adult in attendance and in charge of
11 operations whenever the booth contains, or is engaged in the sale of, fireworks. The permit holder
12 is solely responsible for ensuring the presence of said adult. For the purpose of this section, the
13 term "adult" shall mean any person so defined under California law.
14 6. All unsold stock shall be removed from the booth and located in an approved area immediately
15 after close of business on each and every day of operation.
16 7. All litter shall be removed on a daily basis.
17 8. The booth shall be removed from the temporary location and all litter shall be removed by 12:00
18 noon on July 8th.
19 9. All retail sales of state -approved fireworks shall be permitted only from within a temporary
20 booth. Sales from any other building or structure are prohibited.
21 10. Approved banners or other barricades to prohibit parking within twenty feet (20') of the booth
22 shall be provided.
23 11. No electrical devices or open flames are permitted within any booth.
24 Exception: A single electronic cash register is permitted in the booth. Power for device shall be
25 provided by a heavy duty type electric extension cord with a minimum of fifteen (15) amp rating.
26 There shall be no signs of mechanical damage, fraying or exposed wire insulation to the cord.
27 Approval of extension cord subject to inspection by the fire inspector.
28 12. Signs must be posted on each booth stating "No fireworks permitted in the unincorporated
29 areas of Sonoma or Marin Counties."
30 13. No person shall knowingly sell fireworks to any person under eighteen (18) years of age. Proof
31 that the fireworks booth permit holder demanded, was shown, and acted in reliance upon, bona
32 fide evidence of age and identity in any sale of fireworks prohibited by this section shall be a
33 defense to any proceedings for suspension or revocation of the permit holder's state -approved
34 fireworks permit or a criminal proceeding instituted by the City against the permit holder for
35 violations of this section. For purposes of this section bona fide evidence of age and identity of
36 purchaser shall mean a document issued by a federal, state, county or municipal government which
37 contains a photograph and date of birth of the purchaser including, but not limited to, a valid
38 California Driver's License or Identification Card issued to a member of the Armed Forces. Signs
39 shall be posted in conspicuous places on and in the booth indicating "No Fireworks Sales to
40 Persons Under the Age of 18 - Photo I.D. Required."
1 14. No person shall sleep or remain in any fireworks booth after close of business each day or at
2 any time when the booth is closed for business.
3 15. A fireworks booth need not comply with the provisions of the Building Code of the City of
4 Petaluma; provided, however, that every fireworks booth shall be erected under the supervision of
5 the Fire Chief who shall require that the fireworks booth be constructed in a manner which will
6 reasonably ensure the safety of attendants and patrons.
7 16. Each fireworks booth shall be provided with a minimum of one (1) model 2A l OBC fire
8 extinguisher and one (1) 5 -gallon pressure water fire extinguisher, in good working order and
9 easily accessible for use in case of fire.
10 17. No person shall smoke within twenty-five feet (25') of any safe and sane fireworks booth. No
11 person shall light, cause to be lighted or permit to be lighted any fireworks or combustible material
12 within fifty feet (50') of any state -approved fireworks booth.
13 (p) Limitations on Places and Hours of Discharge.
14 1. It shall be unlawful for any person to discharge any state -approved fireworks in the City except
15 between the hours of 10:00 a.m. to 11:00 p.m. on July 4th.
16 2. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any
17 state -approved fireworks or permit the ignition, discharge or projection thereof, upon or over or
18 onto the property of another without the property owner's consent or to ignite, discharge, project or
19 otherwise fire or make use of any state -approved fireworks within ten feet (10') of any residence,
20 dwelling or other structure listed as a place of habitation by human beings.
21 3. The use of state -approved fireworks in the City shall be limited to private property except as
22 otherwise provided herein. No person shall ignite or discharge any state -approved fireworks on
23 private open areas such as parks, parking lots or vacant property, without the property owner's or
24 his or her designated agent's permission. No person shall ignite or discharge any state -approved
25 fireworks on public or semi-public open areas such as parks, parking lots or vacant property,
26 excluding public streets and sidewalks, except as authorized by the Director of Parks and
27 Recreation and the Fire Department, and, if applicable, the private property owner or his or her
28 designated agent.
29 4. Any person who discharges state -approved fireworks on public or private property shall be
30 responsible for the removal of all spent fireworks debris and litter or rubbish associated with the
31 discharge of fireworks, and for disposition thereof in an appropriate trash receptacle. Spent
32 fireworks debris shall be allowed to cool for at least thirty (30) minutes or immersed in water
33 before discarding to a trash receptacle.
34 5. No state -approved fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZs) of
35 the City, as established and approved by the Petaluma Fire Department with the assistance of the
36 California Department of Forestry and Fire Protection and within the boundaries set forth on the
37 FHSZ map as defined in Section 17.20.040 of the Petaluma Municipal Code and kept on file in the
38 Fire Code Official's Office. All fireworks booths shall post a notice of such fireworks ban and a
39 map designating the FHSZ restrictions, in the form provided by the Fire Code Official's office.
40 Booth operators shall advise persons purchasing state -approved fireworks to review the notice and
41 map and advise them of the fireworks restrictions in the FHSZ.
In
1 6. Supervision of minors. It shall be unlawful for any person having the care, custody or control of
2 a minor (under eighteen (18) years of age) to permit such minor to discharge, explode, fire or set
3 off any dangerous, illegal fireworks at any time, or to permit such minor to discharge or set off any
4 state -approved fireworks unless such minor does so under the direct supervision of a person over
5 eighteen (18) years of age and during the hours and on the day permitted by this section.
6 (q) Qualified Applicant Reporting Requirement. On or before November 1 st of any sales year for
7 which a qualified applicant received a sale permit, the qualified applicant shall submit to the Fire
8 Code Official a financial statement by the treasurer or financial officer of the qualified applicant
9 setting forth the total gross receipts from the fireworks stand operated by the qualified applicant;
10 all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof,
11 and to whom and for what purpose the net proceeds were or will be disbursed, along with the most
12 recent report filed by the qualified applicant with the State Board of Equalization. The filing of the
13 statement required by this section with the City shall be a condition precedent to the granting of
14 any subsequent permit, and a permit holder which fails to file such statement shall not be
15 considered a qualified applicant in any year subsequent to its failure to file. This shall be
16 considered an abandonment of the qualified applicant's permit.
17 (r) Any permit issued under this section may be revoked by the Fire Chief in case of any violation
18 of this section or any terms or conditions of the permit. The City Council may revoke said
19 pennit(s) and/or prohibit fireworks sales at any time it deems necessary to protect the health, safety
20 and welfare of the citizens of the City.
21 Section 5614. 1.1 is hereby added to read as follows:
22 5614.1.1 Reports to Council.
23 (a) On an annual basis, before June 15th of each calendar year, the Fire Department will prepare
24 and provide to the City Council an education and enforcement plan. The plan will include the
25 following:
26 1. Education and enforcement program to be implemented in a given year; and
27 2. Other relevant information deemed necessary by the Fire Code Official to provide an overview
28 of the City's experience in fireworks enforcement relevant to that year's education and
29 enforcement programs.
30 (b) By no later than the last day of September, annually, the Fire Code Official will provide to the
31 City Council a fireworks after -action report. The report will include the following:
32 1. An evaluation of the success or failure of the education and enforcement plan; and
33 2. Relevant incident statistics for the period of June 17 through July 16th.
34 (c) All information and records which are otherwise exempt from public disclosure pursuant to the
35 Public Records Act will remain exempt from disclosure, despite inclusion of any such information
36 and/or records in an education and enforcement plan and/or after action report in order to avoid
37 any unintended effect on public safety operations.
38 Section 5614.2 is hereby added to read as follows:
:1
1 5614.2 Prohibition of Sale and Use of Fireworks. It is unlawful for any person, firm,
2 corporation, association, organization or entity to sell or offer for sale any fireworks within the
3 City except as expressly permitted by this Ordinance. It is unlawful for any person, firm,
4 corporation, association, organization or entity to use any fireworks within the City except as
5 expressly permitted by this Ordinance.
6 Section 5614.3 is hereby added to read as follows:
7 5614.3 Storage of Fireworks. The storage and use of fireworks inside buildings is prohibited.
8 Exceptions: State -approved fireworks purchased by the public for individual or family use.
9 Section 5614.3.1 is hereby added to read as follows:
10 5614.3.1 Storage of State -Approved Fireworks - Retail. The storage of state -approved fireworks
11 by those conducting retail sales shall be in a non-combustible container or magazine as approved
12 by the Fire Code Official. The location of said storage shall be within the City limits of Petaluma
13 and be approved by the Fire Code Official.
14 Section 5614.3.2 is hereby added to read as follows:
15 5614.3.2 Prohibition Against Modification and Discharge of State -Approved Fireworks. No
16 person shall modify, tamper with, disassemble, rearrange and/or combine the contents or original
17 packaging of any state -approved firework, nor in any way remove the original packaging labels.
18 Section 5614.3.2.1 is hereby added to read as follows:
19 5614.3.2.1 Prohibition Against Possession, Use, Display or Discharge of Modified State -
20 Approved Fireworks. No person shall possess, use, display, discharge or explode any state -
21 approved firework that has been tampered with, disassembled and/or rearranged, nor shall any
22 person possess, use, display, discharge, explode or combine the contents of multiple state -
23 approved fireworks or combine, tape or change the originally intended purpose of state -approved
24 fireworks.
25 Section 5614.3.2.2 is hereby added to read as follows:
26 5614.3.2.2 Prohibition Against Sale and Discharge of Piccolo Pete -Type Fireworks.
27 (a) Notwithstanding the provisions of Section 3309.2, no person shall sell, use, distribute, give
28 away or discharge, at any time, on any day, any "Piccolo Pete -type firework" or any firework
29 having substantially the same appearance and discharge characteristics as any of these.
30 Additionally, any retail sale, gift, or donation of any "Piccolo Pete -type firework" (or any firework
31 having substantially the same appearance and discharge characteristics as any of these) shall be a
32 violation of this section.
33 (b) Except as otherwise provided herein, it shall be lawful for any person to possess and/or
34 transport any "Piccolo Pete -type firework" within the City of Petaluma.
35 (c) This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal
36 as a wholesaler and/or import/export concern to legally possess or sell fireworks, including those
37 prohibited by this section, within the City for the primary purpose of sale and distribution outside
38 the City.
I SECTION 3: SEVERABILITY If any part of this Ordinance is for any reason held to be
2 unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
3 decision will not affect the validity of the remaining parts of this Ordinance. The City
4 Council of the City of Petaluma hereby declares that it would have passed and adopted this
5 Ordinance and each of its provisions irrespective of any part being held invalid.
6 SECTION 4: CEQA The City Council finds that this Ordinance is not subject to the
7 California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
8 CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably
9 foreseeable indirect physical change in the environment, and pursuant to Section
10 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in
11 Section 15378) of the CEQA Guidelines.
12 SECTION 7: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall
13 become effective thirty (30) days after the date of its adoption by the Petaluma City Council.
14 SECTION 6: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed
15 to post and/or publish this ordinance or a synopsis of it for the period and in the manner
16 required by the City Charter. The City Clerk is also hereby directed to file a Notice of
17 Exemption concerning this ordinance with the Office of the Sonoma County Clerk in
18 accordance with Section 15062 of the CEQA Guidelines.
19 INTRODUCED and ordered posted/published this day of , 2019.
20 ADOPTED this day of
21
22
23 AYES:
24 NOES:
25 ABSENT:
26
27
28
29
30
31
32
33
34 ATTEST:
35
36
37
38
39
40 Claire Cooper, City Clerk
, 2019 by the following vote:
Teresa Barrett, Mayor
Eric Danly, City Attorney