HomeMy WebLinkAboutOrdinance 2320 N.C.S. 01/05/20091
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EFFECTIVE DATE
OF ORllINANCE
February 5, 2009
.Introduced by
Tiffany Renee
ORDINANCE NO. 2320 N.C.S.
Seconded by
Teresa Barrett
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING SECTION 17.20.050 OF THE PETALUMA MUNICIPAL
CODE AND ADDING A NEW SECTION 17.20.050 TO MODIFY LOCAL AMENDMENTS TO THE
CALIFORNIA BUILDING STANDARDS CODE,
TITLE 24, PART 9, 2007 CALIFORNIA FIRE CODE, BASED ON THE 2006
EDITION OF THE INTERNATIONAL FIRE CODE, REGARDING REGULATION OF FIREWORKS
SALES AND DISCHARGE IN THE CITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1. Pursuant to California Health and Safety Code section 17958.7, the City
Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated
herein by reference, and finds that the amendments made in this ordinance to the California
Building Standards Code, Title 24, Part 9, 2007 California Fire Code, based on the 2006 Edition of
the International Fire Code, are reasonably necessary because of the local climatic, geological
or topographical conditions set forth in said exhibit.
SECTION 2. Section 17.20.050 of the Petaluma Municipal Code, entitled "Amendments
Made in the California Fire Code," is hereby repealed.
SECTION 3. Section 17.20.050 of the Petaluma Municipal Code, entitled "Amendments
Made in the California Fire Code," is hereby added to include the following additions,
amendments and deletions to the 2007 California Fire Code and to read in full as follows:
17.20.050 Amehdments made in the California Fire Code.
The 2007 California Fire Code is hereby amended to include the following additions,
amendments and deletions:
l . Chapter 2 -Definitions
Section 202 is hereby amended to add the following definitions:
202 General Definitions.
Affiliated organization, for purposes of this Article, shall be presumed to be the following:
Ordinance No. 2320 N.C:S.
Page 1
i. Organizations incorporated under the same charter or organization and their
auxiliaries if the auxiliary is incorporated under the same charter;
ii. Organizations sharing the same officers and/or place of meetings and/or
national parent organization;
iii. Subdivisions and/or fractional divisions however named or delineated of
organizations;
iv. Suborganizations, one of whose primary purpose is to provide financial and/or
manpower support to a parent nonprofit organization.
However, different organizations affiliated with and officially recognized by
any elementary, junior high and/or high school and/or school district that
serves, in whole or in part, the residents of the City of Petaluma or any public
or private commuhity college, college and/or university located within the
boundaries of the City of Petaluma shall not be presumed to be "affiliated
organizations" unless it can be shown that they serve the same interest area
or concern (i.e., boosters of high school football and boosters of high school
basketball would be presumed to be two different, non affiliated
organizations).
Dangerous Fireworks. Dangerous fireworks shall mean dangerous fireworks as defined in
Health and Safety Code sections 12505 and 12561 and the relevant sections of Title 19,
California Code of Regulations, Subchapter 6, which are hereby incorporated by
reference.
Fireworks Booth. Fireworks booth shall mean any building, counter, or other structure of a
temporary nature used in the sale, offering for sale, or display for sale of "Safe and Sane
Fireworks."
Fully-Sprinklered Building -Residential Fully-sprinklered building -residential shall mean
the installation of automatic fire sprinklers in attics, garages (dttached or not), and other
unprotected spaces in addition to any other fire sprinkler system required for residential
structures.
Nonprofit organization. For the purposes of this Chapter, nonprofit organization shall
mean any nonprofit association, charity or corporation organized primdrily for veterans,
patriotic, welfare, civic betterment, educational, youth development or charitable
purposes pursuant to Internal Revenue Code Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or26,
Section 501 (d), Section 501 fie); or which has been issued a taz-exempt certificate as
required under the Revenue and Taxation Code of the State of California; or a group
which is an integral part of a recognized national organization having such tax-exempt
status; or a nonprofit organization affiliated with and officially recognized by an
elementary, junior high and/or high school and/or school district that serves, in whole or
in part, the residents of the City of Petaluma or public and/or private community college,
college and/or university which is located within the boundaries of the City of Petaluma.
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 shall mean "safe and sane
fireworks" as defined in Health arid Safety Code Section 12529 and 12562 and the
relevant sections of Title 19, California Code of Regulations, Subchapter 6, which are
hereby incorporated by reference. "Piccolo Pete-type fireworks" are also known and
Ordinance No. 2320 N.C.S. Page 2
sometimes referred to and/or labeled as, and/or have substantially the same
appearance and discharge characteristics as, but are not limited to: "Piccolo Pete,"
"Whistle Pete," "Nice Siren," "Whistling Phantom," "Screaming Willy," and "Whistling Pete."
Principal and petmanent meeting place. Principal and permanent meeting place shall
mean a permanent structure, playing field, geographic area or service populatiorrwhich
resides in or is located within the City of Petaluma.
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 gyro-technician.
Qualified Applicant. Qualified applicant shall mean any group or organization which has
met all of the following criteria for a continuous period of not less than one full year
preceding submittal of an application for a permit fo sell required by this Chapter and
which continues to meet the criteria for the duration of any permit to sell issued by the
City of Petaluma pursuant to this Chapter: A nonprofit organization as defined in this,
Chapter;
i. The organization must have its principal and permanent meeting place within
the City;
ii. The organization must be one which provides direct and regular community
services and benefits to the residents of the City;
iii. The organization must have a minimum bona fide membership of at least
twenty (20) members who either reside in the City, are employed in the City,
or are owners or operators of a business or other establishment located in the
City;
iv. Neither the organization nor any of its officers and/or officials have been
found by any court or city administrative process to be in violation of any civil
or criminal local, state or federal law relating to fireworks within twenty-four
calendar months prior to the organization's submittal of an application for a
permit to sell;
v. The organization has not had a permit to sell fireworks revoked within twenty-
four months prior to the organization's submittal of an application for a permit
to sell.
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 iri 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 18 years, who knows or reasonably
should know that a minor is ih 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 12562 and The relevant
sections of Title 19, California Code of Regulations, Subchapter 6, which are hereby
Ordinance No. 2320 N.C.S. Page 3
incorporated by reference. State-approved fireworks are also known, and sometimes
referred to as "safe and sane fireworks."
2. Chapter 3 -GENERAL PRECAUTIONS AGAINST FIRE
Section 304.4 is hereby added to regd as follows:
304.4 Dumpsters and Containers -Non-combustible -Fife Zone 1. Dumpsters and
containers with an individual capacity of 1.5 cubic yards (40.5 cubic feet) or more,
located in the boundaries of Fire Zone 1 (generally defined as the downtown business
district) as defined in Section 17.22 of the Petaluma Municipal Code, shall be
noncombustible, and all lids/covers shall be secured and locked at all times, except
when disposing of rubbish/trash.
3. Chapter 5 -FIRE SERVICE FEATURES
Section 501.1 is hereby deleted and replaced to read as follows:
501.1 Scope. Fire service for buildings, structures and premises shall comply with this
chapter. This section applies to residential and commercial developments. Single
family residential projects in approved rural areas shall comply with the Fire Safe
Standards. Design and construction shall be in accordance with the following
sections, unless otherwise authorized by the fire code official in accordance with
Appendix Chapter 1, section 104.9 Alternative materials and methods.
Section 502.1 is hereby amended to read as follows:
FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a
fire station to a facility,. building or portion thereof. This is a general term inclusive of
all other terms such as fire lane, public street, private street, parking lot lane and
access roadway. Public streets may be defined by the standards of the local
agency having jurisdiction over the project.
FLOOR AREA. The floor area used for calculating the required fire flow shall be the
total floor area of all floor levels within the exterior walls of a structure that are
under the horizontal projection of the roof, except as modified in Section B104.
Section 503.2.6 is hereby deleted and replaced to read as follows:
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
part of a fire apparatus access road, the bridge shall be constructed and
maintained in accordance with AASHTO Standard Specifications. Bridges and
elevated surfaces shall be designed for a live load sufficient to carry the imposed
loads of fire apparatus. Vehicle load limits shall be posted at both entrances to
bridgeswhen required by the fife code official Where elevated surfaces designed
for emergency vehicle use are adjacent to surfaces which are not designed for
such use, approved barriers; approved signs or both shall be installed and
maintained when required by the fire code official.
Section 5032 7.l is hereby added to read as follows:
503.2.7.1 Grade Angles. The maximum allowable grade for driveways and roadways
used for fire apparatus access is 12%. Special allowances up to a maximum of 18% may
be granted with the approval of the Fire Marshal and City Engineer. For driveways not
Ordinance No. 2320 N.C.S. Page 4
1 required for fire gppgratusaccess, provisions for increases in the grade can comply with
2 Article 20-41 1 of the Petaluma Zoning Ordinance.
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4 Section 505.1 is herebydeleted and replaced to read as follows:
505.1 Address numbers. New buildings shall have approved illuminated address
numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers
shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4
inches ~ 102 mm) high with a minimum stroke width of 0.5 inch ~ 12.7 mmj.
Exception: rural residential buildings shall not be required to comply with
this section, provided such buildings have a form of building identification that has
been approved by the fire code official.
Section 508.3.1 is hereby added to read as follows:
508.3.1 Adequate Water Supply. Minimum fire flow for buildings shall be
calculated as specified in California Fire Code section B105 of Appendix B
"Fire-flow Requirements for Buildings." If building fire flow calculations
cannot be made at the time of project submittal, the following fire flows
shall apply. When the building fire flow calculations are submitted, these
flows shall be adjusted in accordance with Appendix B.
Single and Two Family Residential:
1500 GPM
Commercial, Industrial, Schools and Multi-family Residentlal:
2500 GPM
Fire flows for single-family dwellings may be reduced to the minimum flow
as permitted by Appendix B so long as the building is fully fire sprinklered
and the residual pressure shall be a minimum of twenty (20) pounds per
square foot available for firefighting.
Exception: Some existing mains are old and sub-standard The City
Engineer and Fire Marshal .shall determine the fire flows for these
mains on a site-by-site basis.
Section 508.5.1 is hereby deleted and replaced to read as follows:
508.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 150 feet (45.179
m) from p hydrant on a fire apparatus access road, as measured by an approved
route mound the exterior of the facility or building, on-site fire hydrants and mains
shall be provided where required by the fire code official.
Section 508.5.1.1 is hereby added to read as follows:
508.5.1.1 Additional Requirements.
1. Upon review of site conditions by the Fire Department, fire hydrant spacing
requirements may be reduced or modified. Fire hydrants shall be placed along all
adjoining public and private streets and Fire Department access drives.
2. Divided streets shall have hydrants located as required by the fire code official on
both sides of the street, and they shall be staggered to prevent a hydrant being
placed directly across the divided street from another hydrant.
Ordinance No. 2320 N.C.S. Page 5
3. Types of Hydrants -Hydrants shall conform to the City of Petaluma Sewer and Water
Design and Construction Standards.
A.Chapter 7 - FIRE-RESISTANCE-RATED CONSTRUCTION
Section 705 is hereby added to read as follows:
705 Repair of Breaches of Non-Rated Walls/Ceilings in Fire Zone 1; Breaches, openings,
holes or other broken wall and ceiling areas in buildings in Fire Zone 1 (generally defined
as the downtown business district) as defined in Section 17.22. of the Petaluma Municipal
Code shall be repaired, restored orreplaced when damaged, altered, breached,
penetrated, removed or improperly installed. Openings/breaches can be repaired with
like material such as lath and plaster, sheetrock, plywood or other reasonable barrier. The
intent of This section is to close openings/breaches to limit the spread of fire and products
of combustion in the downtown business district.
5. Chapter 9 -FIRE PROTECTION SYSTEMS
Section 903.2. is hereby deleted and replaced to read as follows:
403.2 Where Required. An automatic sprinkler system shall be installed and maintained in all
newly constructed buildings.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft, or less. Agricultural buildings and
private riding arenas as approved by the fire code official.
2. .Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool
and limited to a single bathroom.
3. A room above a detached garage used for storage only that does not contain a
bathroom, cooking or refrigeration facilities or connections for such facilities.
A. Detached non-combustible motor vehicle fuel dispensing canopies classified as a
Group M occupancy.
5. Car ports of non combustible construction.
6. B or M occupancies 500 sq. ft. or less.
.Section 903.2.1 is hereby deleted and replaced to read as follows:
903.2.1 Additions. Additions fo existing commercial buildings that increase square feet
(based on the following percentages) calculated by the existing gross floor area shall
meet the requirements for a newly constructed building:
0-1000 sq. ft.: 200%. (or 2000sq ft. maximum cumulative total)
1001-4000 sq. ft.: 100%
>=4001 sq. ft.: 50%
Sections 903.2.1 .l through 903.2.1.5 are hereby deleted
Section 903.2.2. is hereby deleted and replaced to read as follows:
903.2.2 Alteration or Repairs. For alterations or repairs to existing building(s) involving
demolition, removal, or repair due to fire damage of more than 50% of the structure, the
building shall meet the requirements for a newly constructed building.
Ordinance No. 2320 N.C.S. Page 6
Exceptions:
1. One time alterations or additions made solely for the purpose of complying
with the Americans with Disabilities Act.
Sections 903.2.3 through 903.2.3.1 are hereby deleted and replaced to read as follows:
903.2.3 Residential Conversions and Additions. Fire sprinkler systems shall be installed in all
single-family dwellings that are converted to duplexes and/or multi family dwellings, bed
and breakfasts, inns, lodging houses, or similar uses. All additions to residences with an
existing sprinkler system shall require the extension of the sprinkler system into the
addition. Existing residences in which an addition occurs and no fire sprinkler system has
been previously installed will not require installation of a sprinkler system in either the
existing structure or the addition.
,Sections 903.2.4 through 903.2.4.3 are hereby deleted and replaced to read as follows:
903.2.4 Changes of Occupancy. For any change of occupancy when the proposed new
occupancy classification is more hazardous based on life and fire risk, as determined by
the Fire Code Official, including the conversion of residential buildings to condominiums,
the building shall meet the requirements for a newly constructed building.
Sections 903.2.5 through 903.2.5.1 are hereby deleted and replaced to read as follows:
903.2.5 Design Criteria. Eire sprinkler systems installed in buildings of undetermined use
shall be designed and installed to have a design density of x.33) gallons per minute per
square foot over a minimum design area of 3000 square feet. Where a subsequent
occupancy change requires a system with greater capacity, it shall be the building
owners' responsibility to upgrade the system to the required density and meet any
additional requirements of the Fire Code at the time of such change.
Sections 903.2.6 through 903.2.6.1 are hereby deleted and replaced to read as follows:
903.2.6 Residential Fire Extinguishing .System - Fully-sprinklered. Requirements. Full
..sprinkler systems are required in all newly constructed single-family dwellings that meet
any one of the following conditions see definition, Section 202, Fully-sprinklered Building
- Residential. The buildings:
1. Have fire flows of 1000 GPM or less where the residual pressure is 20 PSI or less.
2. Are three or more stories in height.
3. Are located within the boundaries of the Very High Fire Hazard Severity Zone.
4. Are located at elevations or in areas where the water supply does not meet fire
flow requirements as determined by the fire chief.
5. Are located more than 150 feet from an approved all weather emergency
vehicle access.
6. Are located where access is hampered by insufficient road widths, excessive
grades, lack of adequate turnarounds, or other conditions which would impede
or delay emergency response vehicles.
7. Iri the opinion of the chief, create an increased hazard or contain conditions that
will hamper the ability of fire suppression crews to adequately suppress a fire
and/or affect firefighter safety.
Section 903.2.7 is hereby deleted and replaced to read as follows:
Ordinance No. 2320 N.C.S. Page 7
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903.2.7 Installation of Automatic Fire Sprinklers in Pre-existing Buildings- Historic
Downtown Business District.
A. Geographic Boundary- Historic Downtown District:
For the purposes. of this section, the Historic Downtown Business District shall include
all buildings located inside the geographic area generally formed by Kentucky
Street to the west, Washington Street to the north, the Petaluma River to the east,
and B Street to the south. Also included in this section is 201 Washington Street
(Phoenix Theater) and 132 Keller Street (formerly Tuttle Drug), as more. particularly
described in Figure 1003.2.12.
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B. Installation Requirements:
An automatic sprinkler system conforming to the Standard for the Installation of
Sprinkler Systems (NFPA13) shall be installed in all existing buildings in the Historic
Downtown Business District in accordance with the following criteria:
(1) Kentucky Street and Western Avenue:
a. 1n any building wherein a change of occupancy occurs.
b. In any building or occupancy where the square footage of the building or
occupancy is increased in area by greater than or equal to 25% of the
building's or occupancy's existing square footage.
c. All buildings with basement or space below street grade used for storage,
business, or public use shall have automatic fire sprinklers installed within
the basements or the below street grade areas no later than December
31, 2010.
d. All buildings not meeting the criteria of 'a' or 'b' above shall have
automatic fire sprinklers installed throughout the structure; including qll
public, private, storage and/or concealed spaces, as defined by the
Standard for the Installation of Sprinkler Systems (NFPA13) by no Eater than
December 31, 2016.
(2) Petaluma Boulevard North:
Automatic fire sprinkler requirements .shall not become effective until the City
of Petaluma installs an appropriate sized water main and laterals to the curb
lines similar to the main previously installed on Kentucky Street and Western
Avenue. Upon notice by the City of such installation, an automatic sprinkler
system conforming to the Standard for the Installation of Sprinkler Systems
(NFPA-13) shall be installed according to the following criteria:
Ordinance No. 2320 N.C.S. Page 8
a. In any building wherein a change of occupancy occurs.
b. In any building or occupancy where the square footage of the building or
occupancy is increased in area by greater than or equal to 25% of the
building's or occupancy's existing square footage.
c. All buildings with basement or space below street grade used for storage,
business or public use shall have automatic fire sprinklers installed within
the basements or the below street grade areas, no later than December
31, six ~6) years from the date of the water main installation.
d. All buildings not meeting the criteria of 'a' or 'b' above shall have
automatic fire sprinklers installed throughout the structure, including all
public, private, storage and/or concealed spaces, as defined by the
Standard for the Installation of Sprinklers (NFPA-13), no later than
December 31, twelve (12) years from the date of the water main
installation.
C. Property Owner's Responsibility for System Installation:
(1) The Property Owner shall be responsible for installation of the lateral service from
the curb line into the building. This also includes isolation, check or other valves
or devices, as applicable.
(2) The Property Owner shall be responsible for the installation of the automatic fire
sprinkler system according to the Standard for the Installation of Sprinkler
Systems (NFPA-13).
D. Plans and Specifications:
Plans and Calculations (NFPA-13, Chapter 8) for the service lateral and fire sprinkler
system shall be submitted to and approved by the Fire Prevention Bureau prior to
installation of equipment and materials.
(1) For the Kentucky Street installations that are required on or before December 31,
2010 or December 31, 2016, all Plans and Calculations for service lateral and
sprinkler systems shall be submitted no Idter than June 30, 2010 or June 30, 2016
respectively, with installation and approval of work to occur prior to December
31, 2010 or December 31, 2016 respectively.
(2) For Petaluma Boulevard North installations that occur in the last year of the six (6)
or twelve (12) year deadline (when established) after the installation of the
water main by the City of Petaluma, Plans and Calculations shall be submitted
in lhai last year no later than June 30, with installation and approval of work to
occur prior to December 31 of that last year.
:Sections 903.2.8 through 903.2.12.2 are hereby deleted.
Section 903.3 is hereby deleted dnd replaced to read as follows:
903.3 Installation requirements. Sprinkler systems shall be installed in accordance with
NFPA 13, NFPA 13R if gpproved by the Fire Code Official and NFPA 13D.
Section 903.4 is hereby deleted and replaced to read ds follows:
903.4 Sprinkler system monitoring and alarms. Except for Group R, Division 3
Occupancies, qll valves controlling the water supply for automatic sprinkler systems,
.pumps, tanks, water levels, and water flow switches shall be electronically supervised.
Valves when used for standpipes are excluded from this provision unless required by the
Fire Code Official.
Section 905.3.1 is hereby deleted and replaced to read as follows:
Ordinance No. 2320 N.C.S. Page 9
905.3.1 Building height. Class I standpipes shall be installed in buildings three stories or
over in height and/or if, in the opinion of the Chief, a hazard or condition exists in which
the installation of standpipes would improve firefighting operations. Standpipes will be
provided with approved outlets provided on each floor level, including the roof when
roof access is provided.
Section 907.2.8.3 is hereby amended as follows: all wording after "as required by section
907.2.10." is hereby deleted
Section 907.2.10.1.2.1 is hereby added to read as follows:
907.2.10.1.2.1 Smoke Alarms -Sale of Property. No person or persons shall buy or
otherwise receive legal or equitable title in real property or permit a change of tenancy
in owned real property improved with one or more dwellings or apartments capable of
human habitation unless there is installed therein one or more smoke alarms, listed by
Underwriters Laboratories or a similar testing organization and listed by the State Fire
Marshal. Such devices shall be installed in the same locations required by the Building
Code for new structures, and may be powered by battery, house current or any means
authorized for such devices.
Every person who buys or who permits a change of tenancy in owned residential real
property as described herein shall certify, by declaration made under penalty of perjury,
that this section has been complied with and the detector or detectors required by this
section has or have been installed in and are operational ih said dwelling, to the
standards set out herein.
6. Chapter 33-EXPLOSIVES AND FIREWORKS
Section 3309 is hereby added to read as follows:
3309 Fireworks. Except as hereinafter provided, it shall be unlawful for any person to
possess, store, offer for sale, expose for sale, sell at retail, or use or explode any
dangerous fireworks or explode any rocket, firecracker, Roman candle, squib, torpedo,
torpedo cane wire core sparkler, wooden core sparkler, black cartridge, or other
combustible device or explosive substance, or any kind of fireworks or dangerous
fireworks by whatsoever name known within the City of Petaluma; provided that the Fire
Chief shall have power to adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks by a public agency, fair association,
amusement park or tither organization or for the use of fireworks by artisans in pursuit of
their trade. Every such use or display shall be handled by a competent operator
approved by the Fire Chief, and shall be of such character and so located, discharged
or fired as in the opinion of the Fire Chief, after proper investigation, so as not to be
hazardous to property or endanger any person.
EXCEPTION -State Approved Fireworks: If shall not be unlawful to possess or sell, within
the city state approved fireworks and/or safe and sane fireworks as defined herein.
This section shall not apply to persons, businesses or entities licensed by the State Fire
Marshal as a wholesaler and/or import/export concern to legally possess or sell fireworks,
including those prohibited by this section, within the city for the primary purpose of sale
and distribution outside the city.
Notwithstanding any provision of this code, the City Council, upon advice of the Fire
Chief, may in any given fireworks sales year prohibit the sale and use of state approved
Ordinance No. 2320 N.C.S. Page 10
fireworks and/or safe and sane fireworks when it is determined that conditions existln the
City, including but not limited to fire weather events, fuel moisture, drought, limitations on
available firefighting forces ahd/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.
Section 3309.1 is hereby added to lead as follows:
3309.1 Fireworks -Conditions of Sales.
1. It is unlawful for any person, firm, corporation, association, or organization to sell or
offer for sale any fireworks within the City, except as expressly permitted by this
ordinance.
2. Time df Sale.
Subject to the provisions of the State Fireworks Law (California Health and Safety
Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-
12801), and the provisions of this code, state approved fireworks, as defined in
Section 12504 of the California Health and Safety Code, may be sold within the city
between the hours of 10:00 a.m. and 9:00 p.m. on July lsr, July 2~d, July 3~d and July
4~~~. Pyrotechnic displays may deviate from these restrictions subject to applicable
provisions of ifie California Health and Safety Code, and provided they ale
approved by the Fire Chief or his designated representative.
3. Permit Required.
No person, firm, corporation, association, of organization shall sell fireworks within
the City unless they are a qualified applicant and/or affiliated organization of a
qualified applicant as defined in this Chapter and have first obtained a permit
therefore. Issuance of the permit shall fulfill all municipal licensing requirements and
fire safety conditions outlined by-the Fire Department. All permit applications shall
be received in the Fire Marshal's office by no,later than the last day of May each
year. No person, firm, corporation, association or other organization, other than the
qualified applicant or its authorized representatives shall operate the booth for
which the permit is issued or share or otherwise participate in the profits of the
operation of such booth.
In addition to any fees established by resolution of the City Council for permit
application, processing, inspection andlor business licenses for any wholesale or
retail sales of state approved fireworks, any qualified applicant for a permit for
wholesale sales of state approved fireworks shall pay anon-refundable "Public
Education and Compliance" fee, in an amount to be established by resolution of
the City Council, to cover the city's costs for enhanced public education and
enforcement of the regulations governing state approved fireworks set forth in this
section. The "Public Education and Compliance" fee shall also include. the costs
associated with the cleanup and removal of fireworks debris left on public right of
ways, and all public properties such as city parks, city hall and other city facilities.
Nonprofit organizations licensed and permitted to sell state approved fireworks in
the City are required to obtain a temporary sales tax permit from the local office of
the State Board of Equalization..
4. Information Required on Permit. Each qualified dppligant for such permit shall file a
written application with the Bureau of Fire Prevention showing the following
information:
a. Name and address of qualified applicant.
Ordinance No. 2320 N.C:S. Page 11
b. Location where the qualified applicant proposes to sell fireworks.
c. Places pf'storage for fireworks.
d. Evidence that the qualified applicant meets the criteria specified in this code.
5. Organization(s) Authorized to Sell.
No permit to sell state approved fireworks shall be issued to any person except the
following.
a: Organizations or local community service associations which constitute qualified
applicants and/or affiliated organizations of a qualified applicant, as defined in
this Chapter.
b. Any person, organization or entity which sold fireworks for profit in the city for
three or more consecutive years, including and prior to the. 2007 fireworks sales
period, shall be entitled (grandfaihered) to apply and obtain a permit for each
year after the 2007 fireworks sales season up to and including the 2010 fireworks
sales year. Those for-profit entities who qualify shall be allowed to continue to
obtain a fireworks sale permit until the 2010 sales year, provided that they
continue to apply for and obtain a permit to sell in each consecutive year
following the year 2007. For-profit entities that are grandfaihered shall not be
allowed to transfer, sell, or otherwise give their right to sell fireworks to any
individual, organization or entity not previously named on their fireworks permit
applications on or before 2007. No for-profit entity will be permitted to sell
fireworks in the city afierthe 2010 sales year.
6. Determination of Eligibility by Fire Chief -Right of Appeal.
The Fire Chief shall make a determination as to which organizations, including
qualified organizations, meet the criteria specified in Section 5. Any aggrieved
applicant may appeal the decision of the Fire Chief pursuant to Appendix Chapter
1, Section 108.1
7. Maximum Number of Permits to Sell.
The maximum number of permits to sell state approved fireworks shall not exceed a
maximum of 22 booths. If the number of applications received up to and including
the last day of May of each year exceeds the number of permits to be issued,
qualified applicants which held permits to sell during the preceding year and
grandfaihered for profit prior permittees under Section 5 shall have first priority for
the available permits. If there are any additional permits available, the Fire Marshal
shall forward a list of qualified applicants who did not hold permits to sell in the prior
year to the City Clerk who shall, not later than the Sth day of June, supervise an
impartial drawing to determine an order of priority for each application. Upon such
determination, the City Clerk shall forward To the Fire Marshal a list of applications,
numbered in order of priority drawn for investigation and issuance. Permits may be
issued in order of priority drawn to those on the list until the maximum of 22 booths is
reached.
8. Total Number of Booths Permitted for an Entity, Organization, or Group.
.Fireworks sales permits shall be limited to one booth per qualified applicant The
purpose of limiting booths to one. per applicant is to allow a maximum number of
entities, organizations, of groups to participate in fireworks sales.
If the total number of permit applications received does not exceed the 22 booth
maximum, a qualified applicant may petition the Fire Marshal to set up an
additional booth, not to exceed a total of two per applicant. A grandfaihered for-
profit prior permittee under Section 5 may not increase for the new sales year the
number of booths permitted in-the immediately preceding year.
Ordinance No. 2320 N.C.S. Page 12
If the number of applications for multiple booths received up to and including the
last day of May of each year exceeds the number of permits to be issued, the Fire
Marshal shall forward a list of qualified applicants who are requesting a second
booth to the City Clerk who shall, not later than on the 5th day of June, supervise an
impartial drawing to determine an order of priority for each application. Upon such
determination, the City Clerk shall forward to the Fire Marshal a list of applications,
numbered in order of priority as drawn. Additional booths and permits will be
awarded to each qualified applicant in order of priority drawn until the maximum of
22 booths is reached.
Multiple booth permits shall be given for that year only. The process for awarding
additional booths per qualified applicant shall begin anew each year.
Insurance Requirements as Condition of Sale.
Each applicant for a permit shall file with the Bureau of Fire Prevention, prior to the
issuance of any permit, a policy of public liability insurance with applicable
coverage of at least $300,000.00/500,000.00. No policy will be acceptable which
contains a provision allowing fora deductible amount. The city, its officers,
employees, and agents shall be named as additional insured on such insurance
policy or certificate of insurance by a separate specific endorsement in a form
acceptable to the city's Risk Manager and City Attorney.
10. Fireworks Booth - Restric#ions on Sales.
a. No booth .shall be located within 25 feet of combustible buildings and/or
building openings (windows or doors) or within 50 feet of any flammable
storage or within one hundred (100) feet of any gasoline pump or distribution
point. Location of booths is contingent upon approval from the Fire Chief or
designated representative.
b. No booth shall have a floor area in excess of 750 square feet. Each booth shall
have at least two (2) exits. Each booth in excess of forty X40) feet in length shall
have at least three ~3) exits spaced approximately equidistant apart; provided,
however, that in no case shall The distance between the exits exceed twenty-
four (24) feet. Exit doors shall not be less than twenty-four X24) inches wide and
six (6) feet in height and shall swing in the direction of exit travel.
c. All weeds acid combustible materials shall be cleared in and around booth for a
distance of at least 20 ieet.
d. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed
within any fireworks booth.
e. No person under eighteen (18) years oPage shall sell or participaTe in the sale of
state approved fireworks at such booth. No person under eighteen (18) years of
age shall be permitted inside the booth during hours of operation. Each booth
must have an adult in attendance and in charge of operations whenever the
booth contains; or is engaged in the sale of, fireworks. The permittee is solely
responsible for ensuring the presence of said adult. For the purpose of this
section, the term "adult" shall mean any person so defined under California aw.
f. All unsold stock shall be removed from the booth and located in an approved
area immediately gfterclose of business on each and every day of operation.
g. All litter shall be removed on a daily basis.
h. The booth shall be removed from the temporary location and all litter shall be
removed by noon on July 8th.
i. All retail sales of state approved fireworks shall be permitted only from within a
temporary booth. Sales from any other building or structure are prohibited.
Ordinance No. 2320 N.C.S. Page 13
j. Approved banners or other barricades to prohibit parking within 20 feet of the
booth shall be provided.
k. No electrical devices or open flames are permitted within any booth.
Exception: A single electronic cash register is permitted in the booth. Power
for device shall be provided by a heavy duty type electric
extension cord with a minimum of 15amp rating. There shall be
no signs of mechanical damage, fraying or exposed wire
insulation to the cord. Approval of extension cord subject to
inspection by the fire inspector.
I. Signs must be posted on each booth stating "No fireworks permitted ih the
unincorporated areas of Sonoma or Marin Counties."
m. No person shall knowingly sell fireworks to any person under eighteen j18) years
of age. Proof that the fireworks booth permittee demanded, was shown, and
acted in reliance upon, bona fide evidence of age and identity in any sale of
fireworks prohibited by this section shall be a defense to any proceedings for
suspension or revocation of the permittee's state approved fireworks permit or a
criminal proceeding instituted by the city against the permittee for violations of
this section. For purposes of this section bona fide evidence of age and identity
of purchaser shall mean a document. issued by a federal, state, county or
municipal government which contains a photograph and date of birth of the
purchaser including, but not limited to, a valid California Driver's License; or
Identification Card issued to a member of the Armed Forces. Signs shall be
posted in conspicuous places on and in the booth indicating "No Fireworks Sales
to Persons Under the Age of 18 -Photo I.D. Required."
n. No person "shall sleep or remain in any fireworks booth after close of business
each day or at any time when the booth is closed for business.
o. A fireworks booth need not comply with. the provisions of the Building Code of
the City of Petaluma; provided, however, that every fireworks booth shall be
erected under the supervision of the Fire Chief who shall require that the
fireworks booth be constructed in a manner which will reasonably insure the
safety of attendants and pgirons.
p. Each fireworks booth shall be provided with a minimum of one model 2ABlOBC.
fire extinguisher and one 5-gallon pressure water fire extinguisher, in good
working order and easily accessible for use in case of fire.
q. No person shall smoke within twenty-five X25) feet of any safe and sane fireworks
booth. No person shall light, cause to be lighted or permit to be lighted any
fireworks or combustible material within fifty j50) feet of any state opproved
fireworks booth.
11. Limitations on Places and Hours of Discharge.
a. It shall be unlawful for any person to discharge ahy state approved fireworks in
the city except between The hours of 10:00 a.m. to 11:00 p.m. on July 4~h.
b. Ii shall be unlawful for any person to ignite, discharge, project or otherwise fire or
use, any state approved fireworks, or permit the ignition, discharge or projection
thereof, upon or over or onto the property of another without the property
owner's consent, or to ignite, discharge, project or otherwise fire or make use of
any state approved fireworks within ten (10) feet of any residence, dwelling or
other structure listed as a place of habitation by human beings.
c. The use of state approved fireworks in the city shall be limited to private property
except as otherwise provided herein. No person shall ignite or discharge any
state approved fireworks on private open areas such as parks, parking lots or
vacant property, without the property owner's or his "or her designated agent's
permission. No person shall ignite or discharge any state approved fireworks on
public or semi-public open areas such as parks, parking lots or vacant
Ordinance No: 2320 N.C.S. Page 14
property, excluding public streets and sidewalks, except as authorized by the
Director of Parks and Recreation and the Fire Department, and, if applicable,
the private property owner or his or her designated agent.
d. Any person who discharges state approved fireworks on public or private
property shall be responsible for the removal of all spent fireworks debris and
litter or rubbish associated with the discharge of fireworks, and for disposition
thereof in an appropriate trash receptacle. Spent fireworks debris shall be
allowed to cool for at least 30 minutes or immersed in water before discarding
to a trash receptacle.
e: No state approved fireworks shall be discharged in the Fire Hazard Severity
Zones FHSZ) of the city, as established and approved by the Petaluma Fire
Department with the assistance of the California Department of Forestry and
Fire Protection and within the boundaries set forth on the FHSZ map as defined
in Section 17.20.040 df this code and kept on file in the Fire Marshal's Office. All
fireworks booths shall post a notice of such fireworks ban and a map
designating the FHSZ restrictions, in the form provided by the Fire Marshal's
office. Booth operators shall advise persons purchasing state approved
fireworks to review the notice and map and advise them of the fireworks
restrictions in the FHSZ.
f. Supervision of minors. It shall be unlawful for any person hgving the care, custody
or control of a minor (under 18 years of age) to permitsuch minor to discharge,
explode, fire or set off any dangerous, illegal fireworks at any time, or to permit
such minor to discharge or set off any state approved fireworks unless such
minor does so under the direct supervision of a person over eighteen ~ 18) years
of age and during the hours and on the day permitted by this section.
12. Qualified Applicant Reporting Requirement.
On or before November 1 ~+ of any sales yearfor which a qualified applicant
received a sale permit, the qualified applicant shall submit to the Fire Marshal a
financial sfatement by the treasurer or financial officer of the qualified applicant
setting forth the total gross receipts from the fireworks stand operated by the
qualified applicant; all expenses incurred and paid in connection with the purchase
of fireworks and the sale thereof; and to whom and for what purpose the net
proceeds were or will be disbursed, along with the most recent report filed by the
qualified applicant with the State Board of Equalization. The filing of the statement
required by this section with the city shall be a condition precedent to the granting
of any subsequent permit, and a permitfee which fails to file such statement shall
not be considered a qualified applicant in any year subsequent to its failure to file.
13. Any permit issued under this section may be revoked by the Fire Chief in case of any
violation of this section or any terms or conditions of the permit. The City Council may
revoke said permits) and/or prohibit fireworks sales at any time it deems necessary to
protect the health, safety and welfare of the citizens of the city.
Section 3309.1 .l is hereby added to read as follows:
Reports to Council
a. On an annual basis, before June 15'h of each calendar year, the fire department
will prepare and provide to the City Council an education and enforcement
plan. The plan will include the following:
1. Education and enforcement program to be implemented in a given year.
Ordinance No. 2320 N.C.S. Page 15
2. Other relevant information deemed necessary by the Fire Marshal to provide
an overview of the city's experience in fireworks enforcement relevant to that
year's education and enforcement programs
b. By no later than the last day of September, annually, the Fire Marshal will provide
to the City Council a fireworks after-action report. The report will include the
following:
1. An evaluation of the success or failure of the education and enforcement
plan
2. Relevant incident statistics for the period of June 17 through July 16~h
All information and records which are otherwise exempt from public. disclosure
pursuant to the Public Records Act will remain exempt from disclosure, despite
inclusion of any such information and/or records in an education and
enforcement plan and/or after action report in order to avoid any unintended
effect on public safety operations.
Section 3309.2 is hereby added to read as follows:
3309.2 Prohibition on Sale and Use of Fireworks.
It is unlawful for any person, firm, corporation, association, organization or entity to sell or
offer for sale any fireworks within the city except as expressly permitted by this ordinance.
It is unlawful for any person, firm, corporation, association, organization or entity to use
any fireworks within the city except as expressly permitted by this ordinance.
Section 3309.3 is hereby added to read as follows:
3309.3 Storage of fireworks. The storage and use of fireworks inside buildings is prohibited..
Exception:
State approved fireworks purchased by the public for individual or family
use.
45
46
47
48
49
50
51
52
53
Section 3309.3.1 is hereby added to read as follows:
3309.3.1 Storage of state approved fireworks-retail. The storage of state approved
fireworks by those conducting retail sales shall be in anon-combustible container or
magazine as approved by the Fire Marshal. The location of said storage shall be within
the City limits of Petaluma and be approved by the Fire Marshal.
Section 3309.3.2 is hereby added to read as follows:
3309.3.2 Prohibition against modification and discharge of state-approved fireworks. No
person shall modify, tamper with, disassemble, rearrange and/or combine the contents
or original packaging of any state-approved firework, nor in any way remove the original
packaging labels.
Section 3309.3.2.1 is hereby added to read as follows:
3309:3.2.1 Prohibition against possession, use, display or discharge of modified state-
approved fireworks. No person shall possess, use; display, discharge or explode any
state approved firework that has been tampered with, disassembled and/orrearranged,
nor shall any person possess, use, display, discharge, explode or combine the contents of
Ordinance No. 2320 N.C.S. Page 16
multiple state-approved fireworks, or combine, tape or change the originally intended
purpose of state-approved fireworks.
Section 3309.3.2.2 is hereby added to read as follows:
3309.3.2.2 Prohibition against sale and discharge of Piccolo Pete-type fireworks.
A. Notwithstanding the provisions of Section 3309.2, no person shall sell, use, distribute,
give away or discharge, at any time, on any day, any "Piccolo Pete-type firework" or
any firework having substantially the same appearance and discharge characteristics
as any of these. Additionally, any retail sale, gift, or donation of any "Piccolo Pete-
type firework" (or any firework having .substantially the same appearance and
discharge characteristics as any of these) shall be a violation of'this section.
B. Except as otherwise provided herein, it shall be Igwful for any person to possess and/or
transport any"Piccolo Pete-type firework" within the City of Petaluma.
C. This section shall not apply to persons, businesses or entities licensed by the State Fire
Marshal as a wholesaler and/or import/export concern to legally possess or sell
fireworks, including those prohibited by this section, within the City for the primary
purpose of sale and distribution outside the City.
7. Chapter 47 -REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
Section 4707.1 is hereby added to read as follows:
4707.1 Defensible Space means the area within the perimeter of a parcel or
development where FHSZ protection practices are implemented, providing a key point
of defense from any approaching fire: These areas are characterized ~buf not limited to)
establishment and maintenance of emergency vehicle access, emergency water
supplies, street names, building identification, and fuel modification measures.
Provisions for annual weed and brush abatement of the wildland-urban interface fire
area and the developed area shall be the responsibility of the developer or property
owner. A plan may be required that outlines the provisions for weed abatement and
shall be prepared by the property owner and/or developer. When required, the plan
shall include, but not be limited to, the following elements:
1. A defensible space of thirty feet X30') around all structures, either manmade or
natural, in which material capable of allowing fire to spread unchecked must be
cleared; treated or modified to slow the rate and intensity of an approaching
wildfire.
2. A ten-foot firebreak on each side of hillside roads or driveways used for emergency
access; such firebreaks may be landscaped with fire resistive vegetation.
4. Where required, fire breaks and/or disked trails up to thirty feet wide shall be identified
on the plan and maintained throughout the fire season; the location of such
breaks/trails shall be approved by the fire code official.
5. Other fire protection measures based on best management practices for wildfire
exposure protection as required by the fire code official.
Section 4708.1 .3 is hereby deleted and replaced to read as follows:
4708.1.3 Applicability. New buildings for which a building permit is submitted on or after
January 1, 2008, that are located within any Moderate, High or Very High Fire Severity
Zone as designated by fhe Director of Cal Fire or in any Moderate, High or Very High Fire
Severity Zone as identified by the FHSZ map as defined in Section 17.20.040 of the
Petaluma Municipal Fire code shall comply with the following sections:
Ordinance No. 2320 N.C.S. Page 17
2
3
4
1. Section 4707 California Fire Code Defensible Space (moderate, high, very
high)
2. Section 4710.1 California Fire Code and Section 704.A1, 2007 California
Building Code -Roofing (moderate, high, very high)
3. Section .4710.2 California Fire Code and Section 704.A2, 2007 California
Building Code -Attic Ventilation (moderate, high, very high)
4. Section 704A.3 2007 California Building Code Exterior Walls (moderate,
high, very high)
5: Section704,A4 -Decking, floor and under floor protection (high, very high)
6. Section 70A.A4.2 -Underfloor and appendages protection (high, very"
high)
Section 4713 is hereby added read as follows:
4713 Ancillary buildings and structures. When required by the enforcing agency,
ancillary buildings and structures and detached accessory structures shall comply with
the provisions of this"chapter.
8. APPENDIX CHAPTER 1
Section 105.6.1 l .l is hereby added td read as follows:
105.6.11.1 Day Care. An operational permit is required to operate a day care facility with
an occupant load of seven or more children.
Section 105.6.24.1 is hereby added to read as follows:
105.6.24.1. Institutional Occupancy. An operational permit is required. to operate an
institutional occupancy, except a day care facility.
Section 105.6.39.1 is hereby added to read as follows:
105.6.39.1 Retail Sales of Fireworks. An operational permit to engage in the sales or
distribution of state approved fireworks is required.
Section 105.7.4.1 is hereby added to read as follows:
105.7.4.1 Fixed Extinguishing System. A construction permit is required for the installation
of or modification to fixed extinguishing systems including but not limited to cooking,
protection of computers or other high value items or systems oilier than fire sprinklers.
Section 105.7.9.1 is hereby added to read as follows:
105.7.9.1 Medical Gas Systems. A construction permit is required to install a medical gas
system.
Section 105.7.10 is hereby deleted and amended to read as follows:
105.7.10 Private Underground Fire Main Installations. A construction permit is required for
the installation of any private underground fire main to supply fire hydrant(s) and/or fire
sprinklers.
Section 108.1 is hereby deleted and replaced to read as follows
Section 108.1.
A. Appeals. Whenever the Chief disapproves an application or refuses to grant a permit
applied for, or when it is claimed that the provisions of the code do not apply or that the
true intent and meaning of the code have been misconstrued or wrongly interpreted,
Ordinance No. 2320 N.C.S. Page 18
the applicant may appeal from the decision of the Chief to the board of appeals, which
is designated to be the board of building review as heretofore established and
appointed according to Chapter 17_08 of the Petaluma Municipal Code, within thirty
days from the date of the decision appealed. The Fire Chief shall act as secretary of the
board when it is hearing appeals concerned with the Fire Code.
B. Fireworks Booth Sales Permits. Notwithstanding section A, the following appeals
procedure shall apply exclusively to permits for Fireworks Booths Sales under this Code.
Any person aggrieved by a decision of the Fire Chief, or his/her designee, to disapprove
an application, refuse to grant a permit, place conditions on a permit, or revoke a
fireworks booth sales permit shall have a right of appeal of the decision to the City
Manager, or his/her designee. Such appeal shall be taken by filing a written notice of
appeal with the City Clerk within ten days of the date of the decision. The appeal shall
set forth the grounds for the appeal and the name and address of the person requesting
the appeal. A fdilure to file a timely and complete appeal shall render The decision final
and conclusive. The City Manager shall, within ten days of the filing of the appeal, set a
time and place for a hearing on the appeal. The appeal shall be set no less than five
days after the filing of the appeal and no more than sixty days after the filing of the
appeal. The City Manager's determination following the hearing shall be in writing and
shall contain a statement of the facts upon which the determination is based. The City
Manager's determination shall be sent first-class U.S. mail, postage prepaid to the person
requesting the appeal, not later than ten days following the date of such determination.
The determination of the City Manager shall be final and conclusive.
Section 108.3 is hereby deleted in its entirety:
Section 109.3 is hereby deleted and replaced to read as follows
109.3 Violation Penalties.
A. Any violation of the provisions of this section shall be a misdemeanor.
Notwithstanding the preceding sentence, a violation of the provisions of this
section may be charged and prosecuted as an infraction at the discretion of
the City Attorney's office or other enforcing authority:
B. A person is guilty of a separate offense for each day during which he/she
commits, or continues or permits a violation of this chapter, or each time
he/she disobeys a valid older of an enforcement officer.
C. Because of the serious threat of fire or injury posed by the use of ''Dangerous
Fireworks" that can result from persistent or repeated failures to comply with
fhe provisions of This code and the effect of such conditions or activities on the
safety and the use and enjoyment of surrounding properties and to The public
health, safety and welfare, this Article imposes liability upon the owners of
residential real property for all violations of this code existing on their residential
real property. Each contiguous use, display and/or possession shall constitute a
separate violation and shall be subject To a separate administrative fine.
D. Nothing in this section shall prohibit a court from imposing restitution upon. any
person convicted of a violation of the provisions of this section.
E. In addition to any other remedies available to the city under any applicable
state or federal statute or pursuant to any other lawful power The city may
possess, any violation of this chapter may be prosecuted or enforced as a
nuisance and enforced by a civil court action as provided in Chapter 1.13 of
the Petaluma Municipal Code or via administrative enforcement as a nuisance
as provided in Chapter 1.14 of the Petaluma Municipal Code as Chapters 1.13
and l .l 4 may be amended from time to Time.
Ordinance No. 2320 N.C.S. Pcrge 19
E Administrative Citation pursuant td Petaluma Municipal Code Chapter 1.16. In
addition to any other remedies available to the city under any applicable state
or federal statute or pursuant to any pther lawful power the city may possess,
any violation of this Chapter may be enforced by administrative citation
pursuant to Chapter 1.16 of the Petaluma Municipal Code as Chapter L.l b may
be amended from time to time.
G. Administrative Citation pursuant to Health & Safety Code Section 12557. In
addition to any other remedies available to the city under any applicable state
or federal statute or pursuant to any other lawful power the city may possess,
any violation of this Chapter may be enforced by administrative citation
pursuant to Health & Safety Code Section 12557 when a violation relates to the
possession, use, storage, sale and/or display of those fireworks classified as
dangerous fireworks as defined herein and/or the use of state approved
fireworks as defined herein on or at dates, times and/or locations other than
those permitted by this ordinance.
l.The imposition of fines related to dangerous fireworks under this section
109.3.G shall be limited to persons who possess, sell,. use and/or display, or to
the seizure of less than 25 pounds gross weight) of such dangerous
fireworks.
2 Fines collected pursuant to this section 109.3.G shall not be subject to
Health & Safety Code section 12706, which provides that certain fines
collected by a court of the state be deposited with, and disbursed by, the
County Treasurer. However, the city shall provide cost reimbursement to the
State Fire Marshdl pursuant to regulations as adopted, or as may be
adopted by the State Fire Marshal addressing the State Fire Marshal's cost
for the transportation and disposal of dangerous fireworks seized by the city,
which costs will be part of any administrative fine imposed. Unless and until
such regulations have been adopted by the State. of California, the city
shall hold in trust $250 or 25% of any fine collected, whichever is greater, to
cover the cost reimbursement to the State Fire Marshal for the cost of
transportation and disposal of any dangerous fireworks seized bythe city.
3. Other than as expressly modified herein, enforcement of violations by
administrative citation pursuant to Health ~ Safety Code Sec#ion 12557 shall
be subject to the provisions of Petaluma Municipal Code Chapter 1 .l 6.
9. APPENDIX B-FIRE-FLOW REQUIREMENTS FOR BUILDINGS
Section B101.1 is hereby deleted and replaced to read as follows:
B101.1 Scope. The procedure for determining fire-flow requirements for buildings or
portions of buildings hereafter constructed shall be in accordance with this
appendix. This appendix does not apply to structures other than buildings. This
section applies to residential and commercial developments. Design and
construction shall be in accordance with the following sections unless otherwise
authorized by the fire code official in accordance with section 104.9, Alternative
materials and methods.
Section B 102.1 is hereby amended as follows:
FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square
inch (psi) (138 kPa) residual pressure, measured in the water main in the vicinity of
the flowing hydrant, that is available for fire fighting.
Ordinance No. 2320 N.C.S. Page 20
FLOOR AREA. The floor area used for calculating the required fire flow shall be the
total floor area of all floor levels within the exterior walls thatare under the
horizontal projection of the roof, except as modified in Section 8104.3.
Section B105.1 is hereby amended to read as follows:
BI05.1 One- and two-family dwellings. The minimum fire-flow requirements for one-
and two-family dwellings having afire-flow calculation area which does not
exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute (5678.1 1
L/min). Fire-flow and flow duration for dwellings having afire-flow calculation area
in excess of 3,600 square feet X344.5 m2) shall not be less than that specified in
Table B 105.1 .
Section B 105.2 is hereby deleted and replaced to read as follows:
BI05.2 Buildings other than one- and two-family dwellings. The minimum fire-flow
and flow duration for buildings other than one- and two-family dwellings shall be
as specified in Table B 105.1.
Exception: A reduction in required fire-flow of up to 50 percent, as
approved, is allowed when the building is provided with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The
resulting fire-flow shall not be less than 1,500 gallons per minute (5678 L/min) for the
prescribed duration as specified ih Table B 105.1.
Table B 105.1 is hereby amended to read as follows:
Footnote A has been deleted.
10. APPENDIX C -FIRE HYDRANT LOCATIONS AND DISTRIBUTION
Section C101 .l is hereby deleted and replaced to read as follows:
C701.1 Scope. Fire hydrants shall be provided in accordance with this appendix
for the protection of buildings, or portions of buildings, hereafter constructed. This
section applies to residential and commercial developments. Single-family
residential projects in approved rural areas shall comply with the Fire Safe
Standards. Design and construction shall be in accordance with the following
sections unless otherwise authorized by the fire code official in accordance with
section 104.9, Alternative materials and methods.
Section C 102.1 is hereby amended to read as follows:
CI02.1 Fire hydrant locations. Where fire hydrants are required, they shall be
provided along required fire apparatus access roads and adjacent public streets.
Section C105.1 is hereby amended to read as follows:
CI05.1 Hydrant spacing. The average spacing between fire hydrants shall not
exceed that listed in Table C 105.1 .
Exception: The fire chief is authorized to allow deviations from this section
where existing fire hydrants provide all or a portion of the required fire
hydrant service.
Ordinance Na.2320 N.C.S. Page 21
Table C105.1 is hereby amended to read as follows:
f. For commercial, industrial, and multifamily residential dwellings, average
spacing shall be no greater than 300 feet.
g. A Fire hydrant shall be located within 50 feet of the FDC, or as approved by
the fire code official.
11. APPENDIX D -FIRE APPARATUS ACCESS ROADS
Section D101.1 is hereby deleted and replaced to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this
appendix as amended and all other applicable requirements of the International
Fire Code. This section applies to residential and commercial developments.
Single-family residential projects in approved rural areas shall comply with the Fire
Safe Standards. Design and construction shall be in accordance with-the following
sections unless otherwise authorized by the fire code official in accordance with
section 104.9; Alternative materials and methods.
Section D 102.1 is hereby deleted and replaced to read as follows:
DI02.1 Access and loading. Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an
approved fire apparatus access road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire
apparatus weighing ai least 75,000 pounds j34050 kg) or as approved by the fire
code official.
Section D103.1 is hereby deleted.
Section D 103.2 is hereby deleted and replaced to read as follows:
DIO3.2 Grade. The grade of fire apparatus access roads shall be in accordance
with the local agency requirement for public "streets or as approved by the fire
chief.
Section D 103.3 is hereby deleted and replaced to read as follows:
D103.3 Turning radius. The minimum turning radius shall be determined by the fire
code official or as approved by local standards.
Section D 103.4 is hereby deleted and replaced to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet j45
720 mm) shall be provided wish width and turnaround provisions in accordance
with the local agency requirements for public streets or as approved by local
standards.
Table D 103.4 is hereby deleted.
Section D 103.6 is hereby deleted and replaced to read as follows:
Ordinance No. 2320 N.C.S. Page 22
D103.6 Signs. Where required by the fire code official, fire apparatus access roads
shall be marked with permanent NO PARKING-FIRE LANE signs complying with the
California Vehicle Code.
Section D 103.6.1 is hereby deleted.
Section D103.6.2 is hereby deleted.
Section D104.1 is hereby deleted and replaced to read as follows:
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have at least two
means of fire apparatus access for each structure.
Section D 104.2 is hereby deleted and replaced to read as follows:
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities having
a gross building area of more than 62,000 square feet (5760 m2) shall be provided
with two separate and approved fire apparatus access roads.
Section D 106.1 is hereby deleted and replaced to read as follows:
D106.1 Projects having more than 50 dwelling units. Multiple-family residential
projects having more than 50 dwelling units shall be provided with two separate
and approved fire apparatus access roads.
Section D106.2 is hereby deleted.
,Section D107.1 is hereby deleted and replaced to read as follows:
D107.1 One- ortwo-family dwelling residential developments. Developments of
one- and two family dwellings where the number of dwelling units exceeds 50 shall
be provided with two separate and approved fire apparatus access roads and
shall meet the requirements of section D 104.3.
SECTION 4. The. City Clerk is hereby directed to file this ordinance and the attached
findings of fact, with the California Building Standards Commission.
SECTION 5. All former ordinances or parts thereof conflicting or inconsistent with the
provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed.
.SECTION 6. If any section, subsection, sentence, clause or phrase, or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one ormore of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
SECTION 7. The City Council finds that this Ordinance is not subject to the California
Environmental Quglity Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Ordinance No. 2320 N.C.S. Page 23
SECTION 8. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
SECTION 9. The City Clerk is hereby further directed to post and publish this ordinance or
a synopsis of this ordinance for the period and in the manner required by the City Charter.
INTRODUCED and ordered posted/published this 15 day of December 2008.
ADOPTED this 5'h day of January 2009 by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitf, Renee, Mayor Torliatt
25
NOES: None
`~
ABSENT: None
~_.` ~ /;
~~
Mayor
ATTEST. ~ ~ (, ~ ~ APPROVED AS TOJYQR,~1:
City Clerk City Attorney
Ordinance No. 2320 N.C.S.
Page 24
Exhibit "A"
FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2007 EDITION WITH CALIFORNIA
AMENDMENTS, DUE TO LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant To Section 17958 of the State of California
Heglth and Safety Code, the governing body of the City of Petaluma in its ordinance adopting
and amending the 2007 Edition of the California Fire Code, with California Amendments,
changes or modifies certain provisions of the State Building Standdrds 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
Hedlth 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 (l ~ major
loss fires, (2) major earthquake damage, and ~3) the potential for life and property loss, making
the changes or modifications In the California Fire Code and the State Building Standards Code
necessary In order to provide a reasonable degree of property security, and fire and life safety in
the City of Petaluma.
Below are adverse local climatic, geological and topographic conditions that necessitate the
modifications to the California Fire Code and State Building Standards Code.
CLIMATIC
Precipitation: Precipitation ranges from 20 inches to approximately 25 inches per year.
Approximately ninety percent (90%) falls during the months of November through April, and 10%
from May through October. Severe flooding occurred during the months of January and March
1995 and in 1998 and 2006.
Relative Humidity: Humidity generally ranges from 50% during daytime 86% at night. It drops to
20°7° 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 burriing 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
Ordinance No. 2320 N.C.S. Page 25
preventing "natural" ventilation and cross-ventilation efforts. Petaluma's downtown and
surrounding areas contain numerous historic and older buildings thdt are located very close
together, which exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs.
TOPOGRAPHIC
The topographic fire environment of a community is primarily a combination of two factors: The
area's physical geographic characteristics and the historic pattern of urban-suburban
development. These two factors, alone and combined, create a mixture of environments which
ultimately determine the areas' fire protection needs.
The basic geographical boundaries of the city include hills to the south and west, and valley
floor in the central area and to the north and east. The Petaluma River bisects the city through
the central area. The City of Petaluma covers 13 square miles and contains an urban
population estimated at 57,000. The city's service area is a conglomeration of bay, plains, hills;
valleys, and ridges. Within the city are three fire stations and 56 fire personnel. Because of the
size of the Cityof 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 prdperties on the outlying hills are far apart, but contain large grassy
acreages that promote quickly-spreading wildfires during the long dry season.
The city's development pattern also contributes to its unique fire protection needs.
Development has traditionally occurred on the flat lands (0 - 5% slope) in the central and
eastern portions of the city. However, over the last ten years, development has spread into the
hills and the smaller valleys and canyons. This development has significantly increased the
service area for the city's fire department and added complicated logistical challenges for
getting fire equipment to remote fires or fires on steep hillsides. The majority of the hillsides in
these areas have slopes ranging from 15 - 30%. As a basic rule of thumb, the rate of spread will
double as the slope percentage doubles, dll other facibrs 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 fgst-spreading wildfires.
Moreover, approximately half of all the structures in the city have combustible wood shingle or
shake roofs. This very flammable material is susceptible to ignition by embers from a wild land
fire, furthering the spread of fire to adjacent buildings.
GEOLOGICAL
The above local topographic conditions enhance the magnitude, exposure, accessibility
problems, and fire hazards presented to the City of Petaluma. Fire following an earthquake has
the potential of causing greater loss of life and damage than the earthquake itself.
The relatively young geological processes that have created the San Francisco Bay Area are still
active today. Two active earthquake faults (San Andreas and the Healdsburg-Rodgers Creek)
affect the Petaluma area. Approximately 50% of the cify's land surface is in the high-to-
moderate seismic hazard zones.
The majority of the city's industrial complexes are located in the highest seismic risk zones. The
highest seismic risk zone also contains the largest concentration of hazardous materials..
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest
number, should a significant seismic event occur. The city's resources would have to be
Ordinance No. 2320 N.C.S. Page 26
prioritized to mitigate the greatest threat, and may likely be unavailable for fires in smaller single-
dwellings and structures.
17
Other variables that may intensify the fire danger after a major seismic event include:
• The extenf of damage to the water system
• The extent of isolation due to bridge and/or freeway overpass collapse
• The extent of roadway damage and/or amount of debris blocking the roadways
• Climatic conditions (hot, dry weather with high winds)
• Time of day, which will influence the amount of traffic on roadways and could intensify
the risk of life during normal business hours
• The availability of timely mutual aid or assistance from neighboring departments, which
will likely have similar emergencies at the same time. The large portion of dwellings with
wood shingle roof coverings, which will increase the likelihood of conflagrations
CONCLUSION
Local climatic, geological and topographic conditions impact fire protection efforts, and the
frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
Further, they impact potential damage to all structures from earthquake and subsequent fire.
Therefore, it is reasonably necessary that the California Fire Code be changed or modified to
mitigate the effects of the above conditions.
Ordinance No. 2320 N.C.S. Page 27