HomeMy WebLinkAboutAgenda Bill Item 6 Recopied,for Second Reading January 16, 2001
• CITY OF PETALUMA, CALIFORNIA 6
AGENDA BILL
• Agenda Title: Introduce Ordinance amending Chapter 17.20 of the Meeting,Date:
Petaluma Municipal Code (PMC) to Adopt the California Building
Standards Title 24, Part 9, California Fire Code„ incorporating,the 1997 :January 2, 2001
Edition of the Uniform Fire Code and Uniform Fire Code Standards..
Department: Fire DirectorWwAV Contact Person: Phone Number:
1 erry K.,krou"It ,;,' Michael Ginn • 778-4389
Cost of Proposal: Not applicable. Account Number:
N/A
Amount Budgeted: Name of Fund:
N/A
Attachments to Agenda Packet Item:
1. Executive Summary
2. Ordinance amending Chapter 1 720.of the Petaluma Municipal Code (Fire Code)
Summary Statement:
In April of 1999, the City Council adopted the 1997 Uniform Fire Code (UFC) with local amendments.
A copy of the newly adopted, ordinance was sent to the California Building Standards Commission
(CBSC). Several months later, the CBSC informed the Fire Marshal that the City improperly adopted
the 1997 UFC. The California;Health and Safety Code requires, local fire codes to be adopted as
"California Building Standards Title 24, Part 9, California Fire Code incorporating the Uniform Fire
Code" rather than Uniform Fire Code. This public hearing will rectify this error and permit the City to
• adopt the code as required by State laiv.
Also, a minor addition to the fire code was added authorizing the Fire Chief discretion to modify code
requirements in individual cases in the event of practical difficulties in the strict application of the code
requirements.
Council-Priority: THIS AGENDAITEM IS CONSIDERED To BE PART'Or, OR NECESSARY TO, ONE OR
MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999
AND MARCH 18, 2000.
Priority(s): This is a routine item and not part of the identified Council priorities.
Recommended'City'Council.Action/Sug> ested Motion:
Hold a public hearing and introduce an Ordinance amending the two recommended changes to Chapter
17.20 of the Petaluma Municipal Code. A second reading of the Ordinance will occur at the 11/20/00
Council meeting.
• Reviewed by Finance Director: Reviewed b Ci Attorne .: A .roved'bv City Manager:
Date: n Date:
U /1.27,ao .4 sari ,
,
Today's Date: 10/12/00 Revision # and Date Revised: if File Code:
CITY OF PETALUMA, CALIFORNIA RECEIVED
MEMORANDUM JAN 11 2000
FIRE MARSHAL'S OFFICE
City Attorney's;Office,11 English Street,Petaluma, CA 94952
(707) 7784362 Fax(707) 778-4420 E-mail: attorney@ci.petaluma.ca.us
DATE: January 10, 2000.
TO: Michael Ginn, Fire Marshal (�
FROM: Lisa A. Goldfien, Assistant City Attorney
SUBJECT: Readoption of Uniform Fire Code
You have advised this office that the State has informed you that the City improperly
adopted the 1997 Uniform Fire Code in May 1999 because the adopting ordinance, No 2084
N.C.S., should have adopted the "California Building Standards Title 24, Part 9, California Fire
Code incorporating the Uniform Fire Code." •
Since Ordinance No. 2084 N.C.S. amended existing code sections, and those amendments
are now in place, I believe it is sufficient at this point to merely amend the affected code section, .
namely section 17.20.010. This section should provide that the City is adopting California Building
Standards Title 24, Part 9, California Fire Code, incorporating the.1997 Edition of the Uniform Fire
Code.
In addition, we have discussed adding a new definition of"Uniform Fire Code" to section
17.20.030, to clarify that any reference in Chapter 17.20 to the Uniform Fire Code is intended to
refer to "California- Building Standards Title 24, Part 9, California Fire Code, incorporating the
1997 Edition of the Uniform Fire Code."
You also indicated that you wish to add an additional provision allowing, the Fire Chief
discretion to modify code requirements in individual cases on account of practical difficulties in the
strict application of the requirements. I suggest that this provision be added as new section
17.20.035 of the Municipal Code.
I have modified your draft ordinance, as shown on the enclosure to reflect the above
changes.
Please call me if you•have any questions about this matter. I would appreciate your sending
over the revised draft ordinance'before sending it out to the Council.
•
lagmemo
Fire Marshal File
n
•' 4 CITY OF PETALUMA, CALIFORNIA
5 NOVEMBER.6,200,0
6
7
8 AGENDA REPORT
9
10 Int roduce,Ordinance amending Chapter 17.20 of the Petaluma Municipal Code(PMC) to Adopt
I I the California Building Standards Title 24, Part 9, California Fire Code, Incorporating the 1997
12 Edition of the Uniform Fire Code and Uniform Fire Code Standards.
13
14
15 1. EXECUTIVE.SUMMARY':"
16
17 A public hearing mustbe'held and an Ordinance introduced making two minor
18 modifications to existing language of the Petaluma Municipal Code Chapter 17.20
19 (Uniform Fire Code)previously adopted in April 1999.
20
21
22 2. BACKGROUND:
'23
24 New revisions of the Fire'and Building Codes are printed every three years. As such, the
25 City Council must codify these new revisions into the.Petaluma Municipal Code (PMC)
•26 to make them binding as law. In April of 1999, the City Council adopted the 1997
27 Uniform Fire Code (UFC) with local amendments.
28
29 The California Building Standards Commission (CBSC) informed the Fire Marshal that
30 the City improperly adopted the 1997 UFC due to specific "adopting language
31 omissions". The California Health and Safety Code 'requires local Fire Codes to be
32 adopted as "California Building Standards Title 24, Part 9, California Fire Code
33 incorporating the Uniform Fire Code" rather than referencing the Uniform Fire Code
34 only. A public hearing will rectify this error and permit the City to adopt the code as
35 required by State law. .
36 •
37 Additionally, new language has been added authorizing the Fire Chief discretion to
38 modify code requirements in individual cases in the event of practical difficulties in the
39 strict application of the code requirements. This will allow the Fire Chief and Fire
40 Marshal to permit reasonable alternate means and, methods in lieu of strict code
41 requirements,that in specific cases may not be practical.
42
43 The City Attorney has reviewed the request to modify the language and concurs with this
44 action (see memo from Lisa Goldfien, Assistant City Attorney, dated 1/1/00— attached)
45
46
47
•48
3 3. ALTERNATIVES:
4 �.
5 None, if this.minor language-revision`is not adopted, portions of the fire,code currently
6 existing in the PMC could be challenged and rendered invalid because of improper
7 adoption language.
8
9
10 4. FINANCIAL.IMPACTS:
11
12 None
13
14 5. CONCLUSION:
15 -
16 In order to assure that the fire code portion of the PMC is legal and binding, a minor
17 language modification to the existing adopted text must be made to reflect-that the Fire
18 Code used in the City of.Petaluma is in accordance with criteria outlined in the;California
19 Health and Safety Code. The public hearing held on 11/6/00 will rectify this error and
20 permit the city to adopt the code as required by state law.
21
22 6. OUTCOMES(OR.PERFORMANCE`MEASUREMENTS'THAT WILL IDENTIFY SUCCESS OR
23 COMPLETION:
24
25 Successful adoption of the new language will assure that the Fire Code:enforced by the
26 Fire Department is'legal and binding-with regards to fire and life safety provisions for the
27 citizens of Petaluma.
28
29
30 7. RECOMMENDATION:
31
32 Hold a public hearing and introducean Ordinance amending the two recommended
33 changes to Chapter 17.20.of the Petaluma Municipal Code.
34 •
35
36 g;/forms/2000 Agenda Bill revised.042100
•
•
ORDINANCE NO. N:C:S.
Introduced by Seconded by
•
AN ORDINANCE AMENDING CHAPTER 17.`20 OF THE PETALUMA MUNICIPAL
CODE TO ADOPT THE CALIFORNIA BUILDING STANDARDS TITLE 24, PART 9,
CALIFORNIA FIRE;CODE,",INCORPORATING THE 1997 EDITION OF
THE UNIFORM_FIRE CODE AND UNIFORM FIRE CODE STANDARDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
SECTION 1
Section 17.20.010 of the Municipal Code is hereby amended to read as follows:.
17.20.010 ADOPTION OF,CALIFORNIA BUILDING STANDARDS TITLE 24, PART
•
9, CALIFORNIA FIRE.CODE, INCORPORATING THE 1997 EDITIONS OF
THE UNIFORM•FIRE,CODE (UFC).
There is hereby adopted by`the City of Petaluma for the purpose, of prescribing regulations
governing conditions hazardous to life and property from fire, hazardous materials or explosion
that certain Code and Standards known as the California Building Standards Title 24, Part 9,
California Fire Code, incorporating the 1997 edition of the Uniform Fire Code, including
Appendix Chapters I-A, LC, II-B, II-C, II-F, III-B, III-C, III-D, IV-A, VA, VI-A, VI-B, VI-D
and VI-E, and appendix standards 10-1, 10-2,10-3, 74-2, 79-3, 79-5, 80-1, 81-1, 81-2, 81-3, 82-1,
88-1 published by the International- Fire Code Institute, being particularly the .1997 edition and
the whole thereof, save and except such portions as are hereinafter deleted, modified or amended
by this chapter; not less than one (1) copy of this has,been and is now filed in the office of the
clerk of the City and the same is adopted and incorporated as fully as if set out at length herein
and the provisions thereof shall`be.controlling within the limits of the City.
SECTION 2
Section 17.20.025 is added to the Petaluma Municipal Code to read as follows:
17.20.025 MODIFICATIONS.
The Chief or.his/hei:;deigidted representative may on a case-by-case basis, modify any of the
itprovisions of the Uniform Fire Code 'upon application in writing by the owner or lessee, or
•
his/her duly authorized agent, when the Chief or his/her designated representatives determine
there are practical difficulties in the way of carrying out the strict letter of the code, provided
that the spirit of the code shall be observed public safety secured and substantial justice done.
The;particulars of such modification when granted or allowed and the decision of the Chief or
his/her designated representative thereof shall be entered upon the records of the department
and a signed copy shall be furnished the applicant: For the purposes of this'section, the cost of
compliance with.the provisions-of this Code shall not constitute a practical difficulty
SECTION 3
•
Section 77.20.030 of the Petaluma MunicipaLCode entitled "Definitions"+is.herebyamended
by adding,new sub-paragraph C, to read as follows:
Whenever>the term "Uniform Fire Code"is usedin this ordinance it shall mean the "California
Building Standards Title 24, Part 9 California Fire Code, incorporating the 1997 edition of the
Uniform Fire Code".
SECTION4
CITY CLERK-'FILING
The city clerk is hereby directed to file this ordinance, specifically the modification of the
Uniform Fire Code, 1997 Edition, and the attached _findings of fact, with the California
Department of Housing,and Community Development.
SECTION-5
REPEAL OF CONFLICTING`ORDINANCES.
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.
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.
411
•
• INTRODUCED and ordered.Pbsted/Published this day of , 2000.
ADOPTED this day of 2000; by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
• City Clerk City Attorney
h:AmsofhceAwinwordAordinance\ReAdopt sm 1/24/00
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