HomeMy WebLinkAboutStaff Report 5.A 03/02/2020Agenda Item #5.A
DATE: March 2, 2020
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Brian Cochran, Assistant City Manager
Leonard Thompson, Fire Chief
Jessica Power, Fire Marshal
SUBJECT: An Ordinance to Ban the Sale and Use of Consumer Fireworks and Adopt a
Fireworks Host Ordinance
RECOMMENDATION
It is recommended that the City Council adopt the attached Fireworks Ban Ordinance and the
Fireworks Host Ordinance of the City of Petaluma. It is further recommended that, if the
Fireworks Ban Ordinance is adopted, the Council direct staff to prepare a $30,000 one-time grant
program to partially replace potential fireworks fundraising for the thirteen non-profit
organizations that annually sell fireworks over 4 days during the 4th of July holiday and include
sufficient budget appropriations in the upcoming fiscal 2020/21 budget proposal.
BACKGROUND
For over a decade the City of Petaluma has been allowing consumers to purchase fireworks, also
known as "safe and sane fireworks", for use on the 4th of July. Despite the department's multi-
step process which includes Education, Engineering and Enforcement (3 E's) efforts, the City
continues to experience an increase in calls for service and illegal fireworks usage around the
holiday.
Consumer fireworks labeled "Safe and Sane" by the California State Fire Marshal's Office while
currently allowed in the City of Petaluma, have the potential to cause significant damage as well.
In 2019, a young man lost part of his hand while improperly using consumer fireworks in the
City of Petaluma. According to the National Fire Protection Association 18,500 fireworks
caused fires are reported each year. Of these 1,300 were structure fires, 300 vehicle fires, and
16,900 outside and other fires. The fires cause an average of three deaths, 40 civilian injuries
and an average of $43 million in direct property damage each year. The Consumer Product
Safety Commission reported that 12,900 people were treated in emergency rooms for fireworks
injuries in 2017.
In 2004, the City of Santa Rosa banned consumer fireworks use after safe and sane fireworks
caused a structure fire in July 2003 that destroyed an entire residence.
There are only four (4) Cities in Sonoma County that allow consumer fireworks: Cloverdale,
Sebastopol, Rohnert Park, and Petaluma. All other jurisdictions, and the County, have banned the
use of fireworks, encouraging instead participation in organized civic events to celebrate the
holiday, such as the event held annually in Petaluma at the Sonoma -Marin Fairgrounds.
DEFINITIONS
• Safe and Sane: Fireworks approved by the Office of the State Fire Marshal for sales
and use within the State of California and as legally authorized by municipalities.
These fireworks generally remain in a motionless position on the ground and emit
showers of sparks.
• Illegal Fireworks: These are fireworks not classified as Safe and Sane and are banned
by State law. Typically, these devices make very loud explosions and/or fly throu4h
the air or across the ground. It is a misdemeanor or felony to possess or discharge these
fireworks anywhere in the State of California.
DISCUSSION
An increasing number of Red Flag Weather Days throughout our community drives up the
frequency of increased fire risk. Banning the use of consumer fireworks will assist in reducing
the number of explosive ignition devices in the City
of Petaluma.
While Fire Administration believes the 3 E's contribute to a reduced call volume on the 4th of
July, the Fire and Police Departments still receive a couple hundred calls for service. These
service calls are recorded community complaints through Police Dispatch who in turn sends an
enforcement team to the call. Approximately ninety-nine percent (99%) of the complaints were
registered for illegal fireworks activity. While there are several community members abiding by
the law and using safe and sane fireworks, there continues to be a segment of the Petaluma
population that use illegal products in their backyards and those situations are difficult to
enforce; because complaints occur after the discharge has occurred, enforcement personnel
cannot typically arrive until well after the violation has occurred
The Fire Department's 4th of July plan has had a multi -step process for addressing the firework
program. The process is broken down into the following three categories: Education,
EnOneerin-_ and Enforcement (3 E's).
EDUCATION is extremely important and includes mounting an aggressive informational
campaign prior to, and during, the 4th of July holiday which details the proper use of Safe
and Sane fireworks and informs the public of a zero -tolerance enforcement program for
the use and possession of illegal fireworks. There continues to be a segment of the
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community that can't be reached via education efforts (i.e., those coming from outside
the City or those that have a total disregard for the law).
• ENGINEERING elements include, but are not limited to:
1. It is deemed unlawful to discharge even Safe and Sane fireworks except during the
hours of 10:00 a.m. and 11:00 p.m. on the one (1) identified discharge day: July 4th;
2. The discharge or projection thereof of any Safe and Sane fireworks upon, over or onto
the property of another, is unlawful without the consent of the property owner;
3. It is unlawful for minors to discharge, explode or set-off any Safe and Sane fireworks
without the direct supervision of a person eighteen (18) years of age or older.
• ENFORCEMENT portion includes an aggressive program mandating the proper use of
Safe and Sane fireworks and demonstrating ZERO tolerance for possession and/or use of
illegal and dangerous fireworks. The Code Enforcement Officer provides training to all
police officers on fireworks identification and issuance of $1,000 administrative citations.
On any given day during the reporting period (June 17th to July 16th), there will be 8-10
officers on patrol and they will be looking for illegal fireworks and issuing citations.
Despite the Education, Engineering, and Enforcement efforts, the City continues to have
individuals from within Petaluma, as well as non-residents, using illegal fireworks on both public
and private property.
Since the inception of the enforcement program, it has been observed that individuals who choose
to use illegal fireworks continue to be more elusive and either fire mortar -type aerial rockets from
the privacy of their backyards or duck back and forth from the driveway to a garage after illegal
usage, thereby making access, enforcement and issuance of citations more difficult and
challenging. It has also been found that individuals use police scanners to monitor where
enforcement teams are traveling There also continues to be situations where safe and sane -type
fireworks activity will mask the intermittent use of illegal fireworks.
Fireworks Ban Ordinance: Stated simply, other than commercial firework displays that have
received a permit from the appropriate fire code officials, the sale and use/discharge of all
fireworks within the City of Petaluma would be banned. This includes both "Illegal Fireworks" as
well as "Safe and Sane Fireworks". Since the sale of fireworks within City limits would also be
banned, this would eliminate the "fireworks booths" that are traditionally run by non-profit
organizations in the days leading up to the July 4th holiday. More information about impacts to
non -profits is discussed later in this staff report.
Fireworks Host Ordinance: As noted above, under existing law, enforcement of illegal use of
fireworks is challenging because violations can only be detected and investigated after the
discharge has already occurred. Individuals easily evade detection and/or deny responsibility when
confronted by enforcement authorities. The "Fireworks Host Ordinance" would impose a "social
host" -type responsibility on property owners, property lessees and/or party hosts. These
individuals could be cited via a graduating fine schedule ($250 for the first; $500 for the second;
and $1,000 for subsequent violations within three years) for violations that occur on their property;
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on property which they have leased/rented; and/or at a gathering for which they are the responsible
parry. There would be exceptions to the law for (1) property owners who have legitimately rented
out their property, do not live on-site and did not have prior knowledge of the violation; and (2)
tenants in a multi -family building where violations may occur in the common area of the property.
Non -Profit Outreach: A consequence of adopting the proposed ban ordinance is the elimination of
fireworks sales booths around the 4th of July holiday. These booths have acted as a fundraiser for
approximately 13 non-profit organizations for several years. While annual sales vary from year to
year, recent years' sales have generated approximately $85,000 - $90,000 total net revenue for
these groups after all fees and manufacturer costs have been deducted.
Staff is sensitive to the impact that the ban may have on the non-profit groups' fundraising efforts.
Thus, staff sent letters to each group letting them know about tonight's meeting and proposing
several alternative fundraising possibilities to assist them. These are:
1. Along with this agenda item, staff is proposing a small one -tune grant program to assist
non -profits with "bridging the gap" to re -align their fundraising efforts in the upcoming
year. The total grant amount would be $30,000 (benchmarked to be approximately 1/3 of
the total annual revenue from fireworks) and would be divided pro -rata among the non-
profit entities based on their share of the 2019 net sales. These grants are intended to be
one-time in nature and not an ongoing commitment.
2. Petaluma People Services Center, North Bay Animal Services, Petaluma Music Festival
and other local organizations have begun organizing a new 3 -on -3 charity basketball
tournament that would be held annually in conjunction with the annual July 4th event at the
fairgrounds. These organizations have invited other local non -profits to join and provide
skills, volunteers and support to help organize and run the event. Proceeds from the event
would be divided amongst the groups that contribute.
3. As City staff begin organizing the various commitments and agreements necessary to
conduct the annual July 4th event, staff will be looking for ways to bring non -profits to
assist with the event and generate revenue. While these opportunities have not been
solidified yet, staff will stay in contact with our non-profit partners to inform them about
potential fund-raising options.
Existing Authority to Ban Fireworks in a Given Year: Within the existing fireworks ordinance, it
should be noted that the City Council does have the ability to ban the sales and use of fireworks
in a given year, upon recommendation of the Fire Chief, for public safety reasons:
"Notwithstanding any provision of this code, the City Council, upon advice of the free chief, may
in any given fireworks sales year prohibit the sale and use of state -approved fireworks and/or
safe and sane fireworks when it is determined that conditions exist in the Citv, including but not
limited to fire weather events, fuel moisture, drought, limitations on available firefighting.forces
and/or other condition, that create an extreme danger to the public health and safety and/or life
and property of the residents, businesses and visitors of the City.
Thus, an alternative available to the Council would be to not institute the proposed ban, but to
consider year -by -year a ban on that year's fireworks sales and use dependent on weather
conditions and other risk factors.
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A potential fireworks ban was discussed as part of the Council's goals and priorities workshop in
April 2019. Additionally, staff sent the aforementioned letter to the affected non-profit entities
on February 5, 2020 and sent a second letter notifying them of the modified date of this meeting
and inviting them to meet with staff to discuss their concerns (staff was initially expecting to
bring this discussion forward at the February 24th Council meeting). Notification of this meeting
was included as an announcement on the City's webpage, as well as through social media
channels. Broader outreach to the general public will occur to educate them regarding the ban.
As a part of the 2020 Education and Enforcement Plan additional information will be added to
public messaging to alert the community of the new Fireworks Ban Ordinance and Fireworks
Host Ordinance and enforcement protocols. Public outreach will include messaging to social
media channels, local newspaper media, radio stations, signage on Petaluma transit buses, and
any other available medium.
FINANCIAL IMPACTS
There will be a small reduction in permit fee revenue for the Fire Department since the City will
no longer be issuing permits for the sales booths. Additionally, if additional enforcement
resources are added to the annual enforcement plan, there would be additional staff time /
overtime costs for those staff. However, if the Fireworks Host Ordinance is approved, staff
anticipates that additional citation revenue will offset the above impacts. The non-profit small
grant program would cause a one-time $30,000 impact to the General Fund that would occur in
fiscal 2020/21. If the Council would like to move forward with this program, staff requests
direction to prepare the 2020/21 fiscal year budget with sufficient appropriations to fund the
program on a one-time basis.
ALTERNATIVES
1. Take no action and allow consumer fireworks sales and the discharge of "safe and sane"
fireworks, to continue in the City of Petaluma.
2. Take no action and direct staff to return with a possible recommendation from the Fire
Chief of a one-year ban on fireworks under the existing ordinance based on weather
conditions and other risk factors.
3. Adopt the Fireworks Ban Ordinance only.
4. Adopt the Fireworks Host Ordinance only.
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Attachment 1: Consumer Fireworks Sales and Use Ban Ordinance
Attachment 2: Fireworks Host Ordinance
ORDINANCE NO. N.C.S.
Introduced by
Attachment 1
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING AND REPLACING SECTION 17.20.070 OF THE
PETALUMA MUNICIPAL CODE TO AMEND THE 2019 CALIFORNIA
FIRE CODE, CALIFORNIA BUILDING STANDARDS CODE, TITLE 24,
PART 9, CHAPTER 56 BASED ON THE 2018 EDITION OF THE
INTERNATIONAL FIRE CODE, INCLUDING LOCAL AMENDMENTS
TO SPECIFIED PROVISIONS OF THE CALIFORNIA BUILDING
STANDARDS CODE BANNING THE SALE AND USE OF SAFE AND
SANE FIREWORKS
WHEREAS, Section 17.20.070 of the Petaluma Municipal Code, adopts the California Building
Standards Code, known as the California Code of Regulations, Title 24, Part 9, incorporating the
International Fire Code, 2018 Edition, and contains the City's existing regulations regarding the
use of fireworks; and,
WHEREAS, local climatic and topographical conditions increase the fire risk posed by
fireworks, and regulations that strictly govern the use of fireworks are necessary to protect the
public health and safety; and
WHEREAS, the City of Petaluma desires to increase enforcement of the prohibition on the use
of fireworks in the City; and
WHEREAS, the use of fireworks within the City of Petaluma presents unique enforcement
challenges, and the public health, safety and welfare would be safeguarded by the imposition of a
fireworks ban
NOW THEREFORE, Be it ordained by the council of the City of Petaluma as follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting
this ordinance.
Section 2. Amended. Section 17.20.070 of the Petaluma Municipal Code is amended to repeal
existing sections previously adopted and add new sections 5608.1.2 and 5608.2 to the adopted
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California Code of Regulations, Title 24, Part 9, "California Fire Code," Chapter 56 therein, to
read as follows:
SECTION 1: 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.
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, Chapter 56 is reasonably necessary because of the local
climatic, geological or topographical conditions described in Exhibit A.
SECTION 2: CURRENT BUILDING CODES ADOPTED
Chapter 17.20.070 of the Petaluma Municipal Code, entitled "Fire Code Chapter 56 – Explosives
and Fireworks" is hereby amended to read as follows:
17.20.070: Adoption of Fire Code Chapter 56 – Explosives and Fireworks
Pursuant to Section 50022.2 of the California Government Code, the following codes are adopted
by reference, including the amendments listed in this chapter which are made pursuant to the
findings of fact set forth in the adopting ordinance.
A. Part 9-2019 California Fire Code Chapter 56 – Explosives and Fireworks;
5608.1.2 Permit required for pyrotechnic displays.
Section 5608.1.2 is added to read as follows:
5608.1.2 Permit required. A permit shall be obtained from the fire code official
in accordance with Section 105.6 prior to the performance of any firework display.
Application for such approval shall be made in writing no less than twenty (20)
days prior to the proposed display. The application shall be considered and acted
upon by the fire code official or authorized designee pursuant to this Chapter and
Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations.
Any permit for a fireworks display may be suspended or revoked at any time by
the Fire code official or authorized designee.
5608.2 Limitations.
Section 5608.2 is added to read as follows:
5608.2 Limitations. Possession, storage, offer or expose for sale, sale at retail, gift
or give away, use, explosion, discharge, or in any manner disposal of fireworks is
prohibited within the City of Petaluma.
Exception: Pyrotechnic displays authorized pursuant to section 5608.1 for
which a permit has been issued.
SECTION 3: SEVERABILITY If any part of this Ordinance is for any reason held to be
unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
decision will not affect the validity of the remaining parts of this Ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
Ordinance and each of its provisions irrespective of any part being held invalid.
SECTION 4: CEQA The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
CEQA Guidelines because the activity has no potential for resulting in a direct or
reasonably foreseeable indirect physical change in the environment, and pursuant to
Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined
in Section 15378) of the CEQA Guidelines.
SECTION 7: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall
become effective thirty (30) days after the date of its adoption by the Petaluma City
Council.
SECTION 6: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed
to post and/or publish this ordinance or a synopsis of it for the period and in the manner
required by the City Charter. The City Clerk is also hereby directed to file a Notice of
Exemption concerning this ordinance with the Office of the Sonoma County Clerk in
accordance with Section 15062 of the CEQA Guidelines.
INTRODUCED and ordered posted/published this day of , 2020.
ADOPTED this day of , 2020 by the following vote:
AYES:
NOES:
I_�3.yN0111A
, Mayor
n.
ATTEST:
Claire Cooper, City Clerk Eric Danly, City Attorney
Exhibit A
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2019 EDITION WITH CALIFORNIA
AMENDMENTS, DUE TO LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health
and Safety Code, the governing body of the City of Petaluma in its Ordinance adopting and
amending the 2019 Edition of the California Fire Code, changes or modifies certain provisions of
the California Building Standards Code as it pertains to the regulation of buildings used for
human habitation. A copy of the text of such changes or modifications is attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
loss fires, (2) major earthquake damage and (3) the potential for life and property loss, making
the changes or modifications in the California Fire Code and the State Building Standards Code
necessary in order to provide a reasonable degree of property security and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate the
modifications to the California Fire Code and California Building Standards Code.
CLIMATIC (a)
Precipitation: Precipitation ranges from twenty inches (20") to approximately twenty-five inches
(25") per year. Approximately ninety percent (90%) falls during the months of November
through April and ten percent (10%) from May through October. Severe flooding occurred
during the months of January and March, 1995 and in 1998 and 2006.
Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and
eighty-six percent (86%) at night. It drops to twenty percent (20%) during the summer months
and occasionally drops lower during the months of September through November.
Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
summer highs are in the 78-85 degree range.
Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been
known to occur.
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Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in
the community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires
and conflagrations. The winds experienced in this area also adversely impact structure fires in
buildings in close proximity to one another. Winds can carry sparks and burning branches to
other structures, thus spreading the fire and causing conflagrations. In building fires, winds can
literally force fires back into the building and create a blowtorch effect, in addition to preventing
natural ventilation and cross -ventilation efforts. Petaluma's downtown and surrounding areas
contain numerous historic and older buildings that are located very close together, which
exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs.
TOPOGRAPHIC N
The topographic fire environment of a community is primarily the combination of two factors:
the area's physical geographic characteristics and the historic pattern of urban -suburban
development. These two factors, alone and combined, create a mixture of environments which
ultimately determine the areas' fire protection needs.
The basic geographical boundaries of the City include hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the City through
the central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
population estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills,
valleys, and ridges. Currently, within the City, are three (3) fire stations and fifty-three (53) fire
personnel (58 when fully staffed). Because of the size of the City of Petaluma, the characteristics
of the fire environment changes from one location to the next. For example, the central
downtown area contains older buildings situated close together, which increases the ability of
fire to spread from one building to the next. In contrast, some of the properties on the outlying
hills are far apart, but contain large grassy acreages that promote quickly -spreading wildfires
during the long dry season.
The City's development pattern also contributes to its unique fire protection needs.
Development has traditionally occurred on the flat lands (0 — 5% slope) in the central and eastern
portions of the City. However, over the last ten (10) years, development has spread into the hills
and the smaller valleys and canyons. This development has significantly increased the service
area for the City's fire department and has added complicated logistical challenges for getting
fire equipment to remote fires or fires on steep hillsides. The majority of the hillsides in these
areas have slopes ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will double
as the slope percentage doubles, all other factors remaining the same.
The local vegetation further contributes to fire dangers in the City. Petaluma's semi -arid
Mediterranean -type climate produces vegetation similar to that of most of Sonoma County. In
the long periods of the year with little or no rain (April through October), this vegetation
provides ready fuel for fast -spreading wildfires.
Moreover, some of the structures in the City have combustible wood -shingle or shake roofs. This
very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
spread of fire to adjacent buildings.
GEOLOGICAL (c)
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two (2) active earthquake faults (San Andreas and Hayward -Rodgers Creek) affect
the Petaluma area. Approximately fifty percent (50%) of the City's land surface is in the high -to -
moderate seismic hazard zones.
The majority of the City's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number
people, should a significant seismic event occur. The City's resources would have to be
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller
single -dwellings and structures.
Other variables that may intensify the fire danger after a major seismic event include:
• The extent of damage to the water system;
• The extent of isolation due to bridge and/or freeway overpass collapse;
• The extent of roadway damage and/or amount of debris blocking the roadways;
• Climatic conditions (hot, dry weather with high winds);
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk to life during normal business hours;
• The availability of timely mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time; and
• The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.
Conclusion
Local climatic, geological and topographic conditions impact fire protection efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
Further, they impact potential damage to all structures from earthquake and subsequent fire.
Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
mitigate the effects of the above conditions. Theses local climactic and geological conditions
have necessitated these minor modifications to the Title 24, Part 9, California Fire Code.
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ORDINANCE NO. N.C.S.
Introduced by
Attachment 2
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADDING
SECTIONS 17.20.080 OF THE PETALUMA MUNICIPAL CODE TO IMPOSE
FIREWORKS HOST LIABILITY REGARDING THE USE OF FIREWORKS.
WHEREAS, Section 17.20.080 of the Petaluma Municipal Code, adopts the California Building
Standards Code, known as the California Code of Regulations, Title 24, Part 9, incorporating the
International Fire Code, 2018 Edition, and contains the City's existing regulations regarding the
use of fireworks; and,
WHEREAS, local climatic and topographical conditions increase the fire risk posed by
fireworks, and regulations that strictly govern the use of fireworks are necessary to protect the
public health and safety; and
WHEREAS, the City of Petaluma desires to increase enforcement of the prohibition on the use
of fireworks in the City; and
WHEREAS, the use of fireworks within the City of Petaluma presents unique enforcement
challenges, and the public health, safety and welfare would be safeguarded by the imposition of
fireworks host liability on property owners for the unlawful use of fireworks on their property
and to impose strict liability on adults having the care, custody, or control of a minor for the use
of fireworks by such minor.
NOW THEREFORE, Be it ordained by the council of the City of Petaluma as follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting
this ordinance.
Section 2. Amended. Section 17.20.080 of the Petaluma Municipal Code is amended to add a
new section 5614 to the adopted California Code of Regulations, Title 24, Part 9, "California
Fire Code," and to amend sections 5602.1 therein, to read as follows:
Section 5602. 1 - Added - Definitions. The following words and phrases, as used in this Chapter
with regard to the use of fireworks, are defined as follows:
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Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as defined in
Health and Safety Code sections 125115 and 12561 and the relevant sections of Title 19,
California Code of Regulations, Subchapter 6, which are hereby incorporated by reference.
Fireworks Host: 1. Any owner of private property as listed on the most recent assessment roll;
2. Any person who has the right to use, possess or occupy a public or private property under a
lease, permit, license, rental agreement, or contract; or 3. Any person who hosts, organizes,
supervises, officiates, conducts, or accepts responsibility for a gathering on public or private
property.
Person. Person shall mean a natural person or a legal entity that is also an owner, tenant, lessee
and/or other person with any right to possession or control of the property where a violation of
this code occurred.
Piccolo Pete -Type Fireworks. Piccolo Pete -type fireworks are "safe and sane fireworks" as
defined in Health and Safety Code Section 1 "529 and 1256" and the relevant sections of
Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by
reference. "Piccolo Pete -type fireworks" are also known and sometimes referred to and/or
labeled as, and/or have substantially the same appearance and discharge characteristics as, but
are not limited to: "Piccolo Pete," "Whistle Pete," "Nite Siren," "Whistling Phantom,"
"Screaming Willy" and "Whistling Pete."
Public Display of Fireworks. Public display of fireworks shall mean an entertainment feature
where the public is admitted or permitted to view the display or discharge of fireworks by a
licensed pyro-technician.
Pyrotechnical displays: Public firework displays or displays used in conjunction with special
effects, for motion pictures, theatrical and group entertainment productions operated by a
professional California State licensed pyrotechnician. All such displays must secure a fire
department pen -nit and meet all applicable requirements of California Health and Safety Code.
Responsible Person. Responsible person shall mean a person who causes a violation of this
Chapter to occur or allows a violation to exist or continue, by his or her action or failure to act, or
whose agent, employee or independent contractor causes a violation to occur, or allows a
violation to exist or continue. There is a rebuttable presumption that the record owner of a
residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and
a lessee of a residential parcel has a notice of any violation existing on said property. For
purposes of this Chapter, there may be more than one responsible person for a violation. Any
person, irrespective of age, found in violation of any provision of this Chapter may be issued a
citation in accordance with the provisions of this Chapter. Every parent, guardian or other
person, having the legal care, custody or control of any person under the age of eighteen (18)
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years, who knows or reasonably should know that a minor is in violation of this Chapter, may be
issued a citation in accordance with the provisions of this Chapter, in addition to any citation that
may be issued to the offending minor.
State -Approved Fireworks. State -approved fireworks shall mean "safe and sane fireworks" as
defined in Health and Safety Code sections 12529 and _1 X562 and the relevant sections of
Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by
reference. State -approved fireworks are also known, and sometimes referred to, as "safe and sane
fireworks."
Section 5614 — Fireworks host liability.
Section 5614.1 is added to read as follows:
5614.1 - Fireworks host liability. Any fireworks host shall be strictly liable for any
unlawful ignition, use, discharge or display of any dangerous fireworks or state- approved
fireworks at their property or gathering; except that:
1. No owner of private property shall be liable under this section for a violation of section
5614 on that property if the owner can demonstrate that at the time of such violation they
(i) had rented or leased the property to another, (ii) were not present, and (iii) had no
prior knowledge of the violation.
2. No person who has the right to use, possess or occupy a unit in a multifamily
residential property under a lease, rental agreement or contract shall be liable under this
section for violations of section 5614 occurring in the common areas of the property.
Section 5614.2 is added to read as follows:
5614.2 Penalties for violations. Each person who violates any provisions of this chapter
and/or Chapter 17.20.070 of this title as they relate to the possession, use, storage, sale,
and/ or display of fireworks shall be subject to enforcement under Chapter 1.14 and 1.16
of the City of Petaluma Municipal Code. Each person who violates this chapter will be
subject to fines as adopted in Resolution 2015-118 N.C.S Table 1, as listed below:
Fire Code Violations — Other than Dangerous Fireworks
Number of Offenses in 36 Amount of Administrative
Months Penalty
First $250
Second $500
15
Third
$1000
Fire Code Violations — Dangerous Fireworks
Number of Offenses in 36 Amount of Administrative
Months Penalty
First $1000
Second $1000
Third $1000
SECTION 3: SEVERABILITY If any part of this Ordinance is for any reason held to be
unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such
decision will not affect the validity of the remaining parts of this Ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
Ordinance and each of its provisions irrespective of any part being held invalid.
SECTION 4: CEQA The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the
CEQA Guidelines because the activity has no potential for resulting in a direct or
reasonably foreseeable indirect physical change in the environment, and pursuant to
Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined
in Section 15378) of the CEQA Guidelines.
SECTION 7: EFFECTIVE DATE/REFERENDUM PERIOD This ordinance shall
become effective thirty (30) days after the date of its adoption by the Petaluma City
Council.
SECTION 6: POSTING/PUBLISHING OF NOTICE The City Clerk is hereby directed
to post and/or publish this ordinance or a synopsis of it for the period and in the manner
required by the City Charter. The City Clerk is also hereby directed to file a Notice of
Exemption concerning this ordinance with the Office of the Sonoma County Clerk in
accordance with Section 15062 of the CEQA Guidelines.
INTRODUCED and ordered posted/published this day of , 2019.
ADOPTED this day of
NOES:
, 2019 by the following vote:
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ABSENT:
ATTEST:
, Mayor
APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric Danly, City Attorney
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Exhibit A
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2019 EDITION WITH CALIFORNIA
AMENDMENTS, DUE TO LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health
and Safety Code, the governing body of the City of Petaluma in its Ordinance adopting and
amending the 2019 Edition of the California Fire Code, changes or modifies certain provisions of
the California Building Standards Code as it pertains to the regulation of buildings used for
human habitation. A copy of the text of such changes or modifications is attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7(a) of the State of California Health and
Safety Code, the governing body of the City of Petaluma has determined and finds that all the
attached changes or modifications are needed and are reasonably necessary because of local
climatic, geological and topographic conditions as discussed below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
loss fires, (2) major earthquake damage and (3) the potential for life and property loss, making
the changes or modifications in the California Fire Code and the State Building Standards Code
necessary in order to provide a reasonable degree of property security and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate the
modifications to the California Fire Code and California Building Standards Code.
CLIMATIC (a)
Precipitation: Precipitation ranges from twenty inches (20") to approximately twenty-five inches
(25") per year. Approximately ninety percent (90%) falls during the months of November
through April and ten percent (10%) from May through October. Severe flooding occurred
during the months of January and March, 1995 and in 1998 and 2006.
Relative Humidity: Humidity generally ranges from fifty percent (50%) during daytime and
eighty-six percent (86%) at night. It drops to twenty percent (20%) during the summer months
and occasionally drops lower during the months of September through November.
Temperatures: Temperatures have been recorded as high as 104 degrees Fahrenheit. Average
summer highs are in the 78-85 degree range.
Winds: Prevailing winds are from the northwest. However, winds are experienced from virtually
every direction at one time or another. Velocities are generally in the 5-15 mph range, gusting to
7.4-30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been
known to occur.
Summary: These local climatic conditions affect the acceleration, intensity, and size of fires in
the community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires
and conflagrations. The winds experienced in this area also adversely impact structure fires in
buildings in close proximity to one another. Winds can carry sparks and burning branches to
other structures, thus spreading the fire and causing conflagrations. In building fires, winds can
literally force fires back into the building and create a blowtorch effect, in addition to preventing
natural ventilation and cross -ventilation efforts. Petaluma's downtown and surrounding areas
contain numerous historic and older buildings that are located very close together, which
exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs.
TOPOGRAPHIC N
The topographic fire environment of a community is primarily the combination of two factors:
the area's physical geographic characteristics and the historic pattern of urban -suburban
development. These two factors, alone and combined, create a mixture of environments which
ultimately determine the areas' fire protection needs.
The basic geographical boundaries of the City include hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the City through
the central area. The City of Petaluma covers thirteen (13) square miles and contains an urban
population estimated at 58,000. The City's service area is a conglomeration of bay, plains, hills,
valleys, and ridges. Currently, within the City, are three (3) fire stations and fifty-three (53) fire
personnel (58 when fully staffed). Because of the size of the City of Petaluma, the characteristics
of the fire environment changes from one location to the next. For example, the central
downtown area contains older buildings situated close together, which increases the ability of
fire to spread from one building to the next. In contrast, some of the properties on the outlying
hills are far apart, but contain large grassy acreages that promote quickly -spreading wildfires
during the long dry season.
The City's development pattern also contributes to its unique fire protection needs.
Development has traditionally occurred on the flat lands (0 — 5% slope) in the central and eastern
portions of the City. However, over the last ten (10) years, development has spread into the hills
and the smaller valleys and canyons. This development has significantly increased the service
area for the City's fire department and has added complicated logistical challenges for getting
fire equipment to remote fires or fires on steep hillsides. The majority of the hillsides in these
areas have slopes ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will double
as the slope percentage doubles, all other factors remaining the same.
The local vegetation further contributes to fire dangers in the City. Petaluma's semi -arid
Mediterranean -type climate produces vegetation similar to that of most of Sonoma County. In
the long periods of the year with little or no rain (April through October), this vegetation
provides ready fuel for fast -spreading wildfires.
Moreover, some of the structures in the City have combustible wood -shingle or shake roofs. This
very flammable material is susceptible to ignition by embers from a wild land fire, furthering the
spread of fire to adjacent buildings.
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GEOLOGICAL (c)
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two (2) active earthquake faults (San Andreas and Hayward -Rodgers Creek) affect
the Petaluma area. Approximately fifty percent (50%) of the City's land surface is in the high -to -
moderate seismic hazard zones.
The majority of the City's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number
people, should a significant seismic event occur. The City's resources would have to be
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller
single -dwellings and structures.
Other variables that may intensify the fire danger after a major seismic event include:
• The extent of damage to the water system;
• The extent of isolation due to bridge and/or freeway overpass collapse;
• The extent of roadway damage and/or amount of debris blocking the roadways;
• Climatic conditions (hot, dry weather with high winds);
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk to life during normal business hours;
• The availability of timely mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time; and
• The large portion of dwellings with wood shingle roof coverings, which will increase the
likelihood of conflagrations.
Conclusion
Local climatic, geological and topographic conditions impact fire protection efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
Further, they impact potential damage to all structures from earthquake and subsequent fire.
Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
mitigate the effects of the above conditions. Theses local climactic and geological conditions
have necessitated these minor modifications to the Title 24, Part 9, California Fire Code.
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