HomeMy WebLinkAboutAgenda Bill 6.A 04/07/2003A .
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CITY OF PETALUMA, CALIFORNIA s�
AGENDA BILL
_ Agenda Title
Meeting Date: April 7, 2003
. a Adopting- Fireworks Amendments to
Introduction of Ordinanc
the 2001 California Fire Code
Meeting Time ❑ 3:00 PM
X 7:00 PM
Category (check one) ❑ Consent Calendar X Public Hearing ❑ New Business
❑ Unfinished Business El Preset ion
Department
i ec r.
-C ontact Person I
Phone Number
Fire Department
Michael Ginn
Albertson 778 -4390
Fire Chief
Fire Marshal
Ginn 778 -4389
Cost of Proposal N/A
Account Number N/A
Amount Budgeted N/A
Name of Fund: N/A
Attachments to Agenda Packet'Item
1. Agenda Report
2. Ordinance with 2001 amendments and deletions
Summary Statement
This Agenda Bill is recommends the Council approve amended changes to the Petaluma Municipal Fire
Code. Specifically, the proposed amendments for this Public Hearing are to consider modifications to the
existing fireworks regulations and one revision permitting the use of candles in drinking and dining
establishments.
The fireworks amendments consist of additional language that further defines prohibitions against
modification, tampering or discharge of state .approved fireworks and separate sections that address the
possession and/or discharge of illegal fireworks.
The amending candle language resurrects, previous code language that generally permitted candles to be
used on tables in drinking and dining establishments. During the last code adoption, by the Council in fall
of 2002, the use of candles in drinking and dining establishments was specifically prohibited. The addition
of this amending language seeks to align the code with the use of candles in restaurants. Without this
amending language„ candles would have to be removed.
Recommended City Council Action /Suggested Motion
Council hold a public hearing and adopt the proposed amendments to the Petaluma Municipal Fire Code.
Reviewed by Finance Director:
Reviewed by City Attorney
Date:
Approvcft itv .Manager:
Date:
te:
oday's Date
Revision # and Date Revised:
File Code.
# N/A
March 3, 2003
mg /Fireworks ordinance 2003.doe
CITY OF PETALUMA, CALIFORNIA
APRIL 7, 2004
AGENDA ]REPORT
FOR
Introduction of Ordinance Adopting Fireworks Amendments to the 2001 California Fire Code
EXECUTIVE SUMMARY
Every three years, the Uniform;.Fire Codead'opted.bythel State. of California (otherwise known as the
California Fire Code or CFC) must be adopted every three years by all local jurisdictions in order to
codify and make legally binding the elements of the code as it relates to fire and life safety provisions.
Between adoption cycles, it is sometimes necessary to amend the originally adopted CFC to further
clarify or add new language.
2. BACKGROUND
On April 15, 2002, he Council held a public hearing to consider,,the Fire Department's recommendation
to pass a resolution approving and. funding a three pronged approach utilizing an Education, Engineering
and Enforcement Plan (The Plan) ,for the sales of state approved fireworks and the possession and
discharge of illegal fireworks in, the City of Petaluma. In May of 2002 proposed code amendments'were
brought before the Council to modify already existing fireworks regulations. These language
amendments were submitted at the:request of the:Sonoma County'Fire Chiefs Association for the
purpose securing coordination and consistency of fireworks regulations among the fire jurisdictions in
Sonoma County.
• One segment of the enforcement contingent of the fireworks plan proposed a zero tolerance enforcement
position of illegal fireworks which called for°their confiscation and issuance of a citation for those either
in possession of or discharging The Plan called for the violations to be written under various
sections of the State Health and Safety Code. After tracking the citations through the District Attorney's
Office in 2002, both the police. and fire officers who cited offenders under the Health and Safety Code
sections encountered some logistical and procedural issues with the DA's office that lead to additional
reports and staff time above what was expected. In an effort to correct this problem, fire and police
representatives will be meeting with the DA.
Concurrently though, we found that the City of Santa.Rosa,handled. their citations in a different matter.
They wrote citations for fireworks violations under their Municipal Fire Code. This resulted in
representation of the citations by their City Attomeythat resulted in quicker execution of court
judgments, Jess logistical and procedural issues with the citations and FULL collection of all fines
directly into city revenue streams. The Fire Department is holding discussions with our City Attorney to
determine if the same and process could be used in the City of Petaluma. The introduction
of the modified code language which would allow officers to cite not only Municipal Code violations for
the possession and discharge of illegal fireworks, but also new language- making it illegal to modify or
tamper with state approved fireworks. Also, a section is'being added ( Amendmentl) that authorizes the
City Attorney or other enforcing authority to charge the citation as either a misdemeanor or infraction.
This provision allow's for optimum flexibility for charging citations based on the specific individual
situation in the field.
•
The second establishments. Thereainendment being introduced allows the use of candles in drinking and dining
l g
are many restaurants in the city that, use candles primarily for decorative purposes
and ambience. In,previous adoptions of the Fire Code, candles were permitted to be used on restaurant
tables with specific limitations and conditions that would make their use safe by reducing the fire
hazard, yet allow them to be used in restaurants. In the latest California Fire Code (CFC) adopted by the
Council in fall of 2002, the provision penmitting candles drinking and dining establishments was
completely revised prohibiting the use of candles. The previous language is being resurrected and
amended into the Municipal Fire Code to align the use of candles in restaurants with reasonable code
provisions. Failure to amend this language would require the Fire Marshal's Office to have all
restaurants remove their candles-. This would not be prudent or advisable since this the practice of using
candles in restaurants has traditionally permitted in previous code adoptions, and there have been •
no increases in fires incidents in restaurants with the use of candles so long as the provisions of Fire
Code are adhered to.
3. ALTERNATIVES
The only alternative is to take no action. This would limit the fireworks enforcement options of the
Police and.Fire Department. Also, candes in restaurants would be prohibited for use as a decoration or
for ambience.
4. FINANCI•AL IMPACTS
The costs for implementing the enforcement elements of the fireworks plan will be underwritten by the
manufacturers /distributors of fireworks and the booth applicants. Approval of the fireworks plan, and
the'resolution authorizing the collection and - payment of the fees will be heard separately under the
heading of New Business on the same night as this ordinance proposal.
CONCLUSION
Approval of the fireworks code changes will permit greater flexibility for officers to either cite
violations under the Health and Safety Code or the Municipal Code. The adoption oftl e Candle
regulations will align the practical use of candles with previous fire code provisions that permitted the
use of candles with specific safety provisions in drinking and dining establishments.
6. OUTCOMES OR PERFORMANCE WASUREMENTS THAT WILL IDENTIFY
These code changes will take effect 30 days after a second reading of the
before Council on April 21, 2003
7. RECOMMENDATION
The Council adopt the proposed ordinance with, amendments.
g1forms /2003 agenda bill
OR COMPLETION:
set to be heard
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ORDINANCE NO:
N.C.S.
Introduced by
Seconded by
AN ORDINANCE OF THE CITY COUNCIL- OF THE CITY OF PETALUMA
AMENDING SECTION 17.20.070 OF THE PETALUMA MUNICIPAL
CODE RELATING TO AMENDMENTS TO CALIFORNIA BUILDING
STANDARDS TITLE 24, PART 9, THE 2001 CALIFORNIA FIRE CODE
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 California Building
Standards Title 24, Part 9, the 200`1 California Fire Code, are 'reasonably necessary because of
the local climatic, geological or topographical conditions set forth in said exhibit.
SECTION 2 . Petaluma Municipal Code section 17.20.070 entitled "Amendments made
in the Uniform Fire Code" is hereby amended as follows':
Amendment 1 . Section 103.4.4.1 is hereby added to read as follows:
"Citation Violation..
Any violation of this code shall be a misdemeanor.
Notwithstanding the preceding sentence, a violation may be
charged :and prosecuted as an infraction at the discretion of the
City Attorney's office or other enforcing authority."
Amendment 2 . Section 205 entitled "Definition" is amended by adding a definition of
"dangerous fireworks" to read as follows:
"`Dan'gerous 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:"
Amendment 3 . Section 220 entitled "Definition" is amended by adding a definition of
"state- approved fireworks" to read as follows:
"`State- approved fireworks' shall mean state - approved fireworks
defined in Health and Safety Code sections '12529 and 12562 and
the relevant sections of Title '19, California.Code of Regulations,
Subchapter 6, which are'hereby incorporated by reference. State -
approved fireworks are also known, and sometimes referred to in
this- code;'as `safe and sane fireworks. "'
Amendment 4 . Section 2502.17.1 is hereby added to read as follows:
"Candles and other open dame devices.
Candles and other open flame decorative lighting may be used in
assembly occupancies with prior approval by the Chief, and in
accordance with the following requirements:
1. Liquid or solid fuel lighting devices containing more than
eight (8) ounces must self- extinguish and not leak fuel at a
rate of more than 1 /4 teaspoon per minute if tipped over.
2. The device or holder shall be constructed to prevent the
spilling of liquid fuel or wax at the rate of more than 1 /4
teaspoon per minute when the device or holder is not in an
upright position.
3. The device or holder shall be designed so that it will return
to the upright position after being tilted to an angle of 45
degrees from vertical.
4. The flame shall be enclosed, except as follows:
a. Opening on the :side shall not be more than 3/8 inch
in diameter.
b. Openings _on the top and the distance to the top shall
be such that a single layer of tissue paper placed on.
the top will not ignite in 10 seconds."
Amendment 5 . Section 7802.3.2 is hereby added to read as follows:
"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-
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approved firework, nor in any way remove the original packaging
•: labels."
Amendment 6 . Section 7802.3.21 is hereby added to ;read as follows:
"Prohibition against possession, use, display or discharge of
modified state- approved fireworks.
No person shall possess, use, display, discharge or explode any
state - approved firework that has been tampered with, disassembled
and/or rearranged, nor shall any person = possess, use, display,
discharge, explode or combine the contents of multiple state -
approved :fireworks or combine, tape or change 'the originally
intended purpose of state- approved firewor-ks."
Amendment 7 . Section 7802.3.2.2 is hereby added to read as follows:
"General prohibition against possession, sale or use of
fireworks.
Except as otherwise provided in this chapter, no person shall
possess, sell, use, display, discharge or explode any rocket,
• firecracker, Roman candle, squib, torpedo, torpedo cane wire core
sparkler, wooden core sparkler, black cartridge, or other
combustible device or explosive substance, or any kind of
fireworks or dangerous fireworks by whatsoever name known,
within the City of Petaluma."
SECTION 3 . All ordinances or parts of ordinances in conflict. herewith are hereby
repealed.
SECTION 4 . Except as herein amended, all provisions of Petaluma Municipal Code
section 17.20.070 shall remain in full force and effect.
SECTION 5 . If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason 'held , to be unconstitutional, 'unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
any one. or more;of,said provisions be declared unconstitutional, unlawful or otherwise invalid.
• SECTION b . This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
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SECTION 7 . 'The City Clerk is hereby directed to post this ordinance for the period and •
in the manner required by the City Charter.
INTRODUCED and ordered posted/published this
ADOPTED this day of
2003.
day of
2003 by the following vote *,
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
ordinance
3/19/03 (fink)
Mayor
APPROVED AS TO FORM:,
. City Attorney
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FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE
UNIFORM FIRE CODE, 1997 EDITION, DUE TO REMOVE LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: P. ursuant'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 1997 Edition of the Uniform Fire Code changes or modifies certain provisions
of the State Building Standards Code as it pertains to the regulation of buildings used for human
habitation. A copy of the text of such changes or modifications is attached.
FINDINGS: Pursuant to Sections 17958.5 and 17958.7 (a) of the, State of California
Health and Safety Code, the governing body of the City-of Petaluma has determined and finds
that all the attached changes or- modifications are needed and are reasonably necessary because
of local climatic, geological and topographic conditions as discussed:below.
LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major
loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, malting
necessary changes or modifications °in the Uniform 'F,ire Code and the State Building Standards
Code in order to provide a reasonable degree of property security, and fire and life safety in the
City of Petaluma.
Below are listed adverse local climatic, geological and topographic conditions.
CLIMATIC
27 Precipitation. Precipitation ranges .from 20 inches to approximately 25 inches per year,
28 Approximately ninety percent (90 %) falls during, the months of November through April, and
29 10% from May through October., In 1994- 1.995, severe flooding occurred during the months of
30 January and March, 1995 and 1998.
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32 Relative Humidity Humidity generallyranges from 50 %o during daytime 86% at night. It drops to
33 20 % during the summer months and occasionally drops ;lower during the months of September
34 through November.
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36 Temperatures. Temperatures have been. recorded as high as 1.04 degrees Fahrenheit. Average
37 summer highs are in the'78 -85 degree range
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39 Winds. Prevailing winds are fi°om the northwest. However, winds are experienced from virtually
40 every direction at onetime or another. Velocities are generally in the 5 -15 mph range, gusting to
41 7.4 -30 mph, particularly.during' the summer months. Extreme winds, up to 50 mph, have been
42 known to. occur.
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—Su mmary ,. These local climatic conditions affect the acceleration intensity, and size of fire in the
community. Times of little or no rainfall, of Tow humidity and high temperatures create
EXHIBIT Ord. NCS
pate- I o � 3
I extremely hazardous .conditions; particularly as they relate to wood shake and shingle roof fires
2 and conflagrations. The. winds ex P enenced' 'in this area can have a tremendous impact upon
3 structure fires inbuildings in close proximity to one another. Winds can carry sparls and bu
4 brands to other structures, thus spreading °the fired and causna conflagrations.. In building, fires,
5 winds can literally force fires back into the building and create a blowtorch effect, in addition to
6 preventing "natural" ventilation and cross- ventilation efforts.
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8 GEOLOGICAL AND- TOPOGRAPHIC
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10 The fire environment of a community is primarily a combination, of two factors: the area's
11 physical geographic - characteristics and the 'historic pattern of urban- suburban development.
12 These two factors, alone and combined, create a mixture of environments. which ultimately
13 determine the areas' fire protection needs.
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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. Because of the size of the City of Petaluma (12 square miles), the characteristics of
the fire environment. changes from one location to the next. Therefore the city has not one, but a
number of, fire environments; each of which has its individual fire protection needs.
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The service area of the City of Petaluma has a varied topography and vegetative cover. A'
conglomeration of bay, plains, hills and ridges snake up the terrain. Development has occurred on
the flat lands 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.
Seismic Location 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 Creels) affect the Petaluma area. Approximately 50 % of the city's land surface is in the
high -to- moderate seismic hazard zones.
Size and Population The City of Petaluma covers 12 sgiare miles including 'an urban population
estimated. at 50,000.. Within the city are three (3) fire stations and a total of 53 fire personnel. The
Fire Department handles diverse responsibilities including wild land and urban fires, freeway,
air, rail and medical emergencies.
Topography The city's service area is a conglomeration of bay plains, hills, valleys, and ridges.
The flatter lands are found in the central and eastern portions of the city. Most - of the existing
urban and suburbanized areas are on relatively flat lands (0 - 5% )slope.
40 Future residential development is also proposed for the hill areas south and west of the city. The
41 majority of the hillsides in these areas have slopes ranging from 15 - 30 %. Correspondingly,
42 there is much diversity in slope percentages. Slope is an important factor in fire spread. As a
43 basic rule of thumb, the rate of spread will double as the slope .percentage doubles, all other
44 factors remaining the same.
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EXH ISM i
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• 1 Vegetation. Petalumas semi -arid Mediterranean -type climate produces vegetation similar to that
. 2 of most of Sonoma County.
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4 Approximately half of all the structures in the city have combustible wood- shingle or shake
5 roofs. This very flammable material is susceptible to ignition by embers from a wild land fire,
6 furthering the spread of fire to7 adjacent buildings.
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8 Summary. The above local geological and topographic' conditions enhance the magnitude,
9 exposure, accessibility problems, and fire hazards presented to the City of Petaluma. Fire
10 following an earthquake has the potential of causing greater loss of life and damage than the
11 earthquake itself.
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13 The majority of the City's industrial complexes are located in the highest seismic risk zones. The
14 highest seismic risk .zone also contains the largest concentration of hazardous materials.
15 Hazardous materials, particularlytoxic gases, could pose the greatest threat to the largest number,
16 should a significant seismic event occur. The City's resources would have to be prioritized to
17 mitigate the greatest threat, and may likely be unavailable for fires in smaller single - dwellings
18 and structures.
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20 Other variables may tend to, intensify the situation:
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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,
24 climatic conditions (hot, dryw.eather with high winds); time of :day will influence the amount of
25 traffic on roadways and could intensify the risk of life during normal business hours.
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27 The availability of timely mutual aid or assistance from neighboring departments, which could
28 also have emergencies at the same time. The large portion of dwellings with wood shingle roof
29 coverings could result in conflagrations.
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31 CONCLUSION: Local climatic, geological and topographic conditions impact fire protection
32 efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in
33 this community. Further, they impact potential damage. to all structures from earthquake and
34 subsequent fire. herefore it is found to be reasonably necessary that the Uniform Fire Code be
35 changed. or modified to mitigate the effects of the above conditions.
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EXHISIT
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