HomeMy WebLinkAboutOrdinance 2131 N.C.S. 05/06/2002+ .r
OF ORDINANCrIa-
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Introduced by
Councilmember Maguire
ORDINANCE NO.2131 N.C.S.
Seconded by
Councilmember Cader-Thompson
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SECTION 17.20.070 OF THE PETALUMA MUNICIPAL
CODE RELATING TO SAFE AND SANE FIREWORKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
21 FOLLOWS:
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23 SECTION 1. Pursuant to California Health and Safety Code section 17958.7, the City
24 Council makes the factual findings set forth in "Exhibit A" attached hereto and incorporated
25 herein by reference, and finds that the amendments made in this ordinance to the Uniform Fire
26 Code, 1997 Edition, are reasonably necessary because of the local climatic, geological or
27 topographical conditions set forth in said exhibit.
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29 SECTION 2. Petaluma Municipal Code section 17.20.070 entitled "Amendments made
30 in the Uniform Fire Code" is hereby amended as follows:
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32 Amendment 1. The second paragraph of section 7802.1 entitled "Safe and Sane
33 Fireworks" is amended to read as follows:
34 "The sale of state -approved fireworks shall begin no earlier than
35 noon on June 28`" and shall not continue after 9:00 p.m. on July 4t"
36 of the same year. On June 28`", the sale of fireworks shall be
37 permitted only from noon to 9:00 p.m., and from 8:00 a.m. to 9:00
Ordinance 2131 N.C.S.
I p.m. daily on June 291h through July 41". Sale, possession and
2 discharge of safe and sane fireworks shall be in compliance with
3 all other applicable state and local regulations."
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5 Amendment 2. Section 7802.1.1(2) entitled "Time of Sale" is amended to read as
6 follows:
7 "Subject to the provisions of the State Fireworks Law (California
8 Health and Safety Code, Division 11, Part 2, Chapters 1-7, Health
9 and Safety Code Sections 12500-12801), and the provisions of this
10 code, `safe and sane' fireworks, as defined in Section 12504 of the
11 California Health and Safety Code, may be sold within the City
12 during the period beginning at noon on June 28th and ending at
13 9:00 p.m. on July 41". On June 281", the sale of fireworks shall be
14 permitted only from noon to 9:00 p.m., and from 8:00 a.m. to 9:00
15 p.m. daily on June 29t1' through July 4`". Pyrotechnic displays may
16 deviate from these restrictions subject to applicable provisions of
17 the California Health and Safety Code, and provided they are
18 approved by the Fire Chief or his designated representative."
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20 Amendment 3. Section 7802.1.1(3) entitled "Permit Required" is amended to read as
21 follows:
22 "No person, firm, corporation, association or organization shall sell
23 fireworks within the City without first having obtained a permit
24 therefor. Issuance of the permit shall fulfill all municipal licensing
25 requirements and fire safety conditions outlined by the Fire
26 Department. All permit applications shall be received in the Fire
27 Marshal's Office by no later than the last day of May of each year.
28 No person, firm, corporation, association or other organization,
29 other than the permittee shall operate the booth for which the
30 permit is issued or share or otherwise participate in the profits of
31 the operation of such booth.
2 Ordinance 2131 N.C.S.
I In addition to any fees established by resolution of the City
2 Council for permit application, processing, inspection and/or
3 business licenses for any wholesale or retail sales of safe and sane
4 fireworks, any applicant for a permit for wholesale sales of safe
5 and sane fireworks shall pay a non-refundable "Public Education
6 and Compliance" fee, in an amount to be established by resolution
7 of the City Council, to cover the City's costs for enhanced public
8 education and enforcement of the regulations governing safe and
9 sane fireworks set forth in this section 7802.1."
10
11 Amendment 4. Section 7802.1.1(10) entitled "Fireworks Booth - Restrictions on Sales"
12 is amended by amending subsection (e) thereof to read as follows:
13 "e. No person under eighteen (18) years of age shall sell or
14 participate in the sale of safe and sane fireworks at such
15 booth. No person under eighteen (18) years of age shall be
16 permitted inside the booth during hours of operation. Each
17 booth must have an adult in attendance and in charge of
18 operations whenever the booth contains, or is engaged in
19 the sale of, fireworks. The permittee is solely responsible
20 for ensuring the presence of said adult. For the purpose of
21 this section, the term `adult' shall mean any person so
22 defined under California law."
23
24 Amendment 5. Section 7802.1.1(10) entitled "Fireworks Booth - Restrictions on Sales"
25 is amended by adding new subsections (m) through (q) thereto to read as follows:
26 "m. No person shall knowingly sell fireworks to any person
27 under eighteen (18) years of age. Proof that the fireworks
28 booth permittee demanded, was shown, and acted in
29 reliance upon, bona fide evidence of age and identity in any
30 sale of fireworks prohibited by this section 7802.1 shall be
31 a defense to any proceedings for suspension or revocation
3 Ordinance 2131 N.C.S.
I of the permittee's safe and sane fireworks permit or a
2 criminal proceeding against the permittee for violations of
3 this section 7802.1. For purposes of this section, bona fide
4 evidence of age and identity of purchaser shall mean a
5 document issued by a federal, state, county or municipal
6 government which contains a photograph and date of birth
7 of the purchaser including, but not limited to, a valid
8 California Driver's License, or Identification Card issued to
9 a member of the Armed Forces. Signs shall be posted in
10 conspicuous places on and in the booth indicating `No
11 Fireworks Sales to Persons Under the Age of 18 - I.D.
12 Required. "'
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n. No person shall sleep or remain in any fireworks booth
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after close of business each day or at any time when the
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booth is closed for business.
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0. A fireworks booth need not comply with the provisions of
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the Building Code of the City of Petaluma, provided,
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however, that every fireworks booth shall be erected under
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the supervision of the Fire Chief who shall require that the
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fireworks booth be constructed in a manner which will
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reasonably insure the safety of attendants and patrons.
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P. Each fireworks booth shall be provided with a minimum of
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one model 2ABIOBC fire extinguisher, in good working
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order and easily accessible for use in case of fire.
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q. No person shall smoke within twenty-five (25) feet of any
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safe and sane fireworks booth. No person shall light, cause
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to be lighted, or permit to be lighted any fireworks or
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combustible material within fifty (50) feet of any safe and
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sane fireworks booth."
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4 Ordinance 2131 N.C.S.
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Amendment 6. Subsection (11) of section 7802.1.1 is amended to read as follows:
"11. Limitations on Places and Hours of Discharge.
a. It shall be unlawful for any person to discharge any
safe and sane fireworks except during the hours of
noon to 10:00 p.m. on June 28th and 8:00 a.m. to
10:00 p.m. on the other days on which safe and sane
fireworks may be sold, except on July 4th when safe
and sane fireworks may be discharged from 8:00
a.m. to midnight.
b. It shall be unlawful for any person to ignite,
discharge, project or otherwise fire or use, any safe
and sane 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 safe and sane fireworks
within ten (10) feet of any residence, dwelling or
other structure used as a place of habitation by
human beings.
C. The use of safe and sane fireworks in the City of
Petaluma shall be limited to private property except
as otherwise provided herein. No person shall ignite
or discharge any safe and sane 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 safe and sane fireworks on
public or semi-public open areas such as parks,
parking lots or vacant property, excluding public
streets and sidewalks, except as authorized by the
Director of Parks and Recreation and the Fire
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Ordinance 2131 N.C.S.
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Department, and, if applicable, the private property
owner or his or her designated agent.
Any person who discharges 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.
No fireworks shall be discharged in the Very High
Fire Hazard Severity Zones (VHFHSZ) 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 VHFHSZ
map approved by the City Council 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 VHFHSZ
restrictions, in the form provided by the Fire
Marshal's office. Booth operators shall advise
persons purchasing safe and sane fireworks to
review the notice and map and advise them of the
fireworks restrictions in the VHFHSZ.
Supervision of minors. It shall be unlawful for any
person having the care, custody or control of a
minor (under 18 years of age) to permit such 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 safe and sane
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Ordinance 2131 N.C.S.
I fireworks unless such minor does so under the
2 direct supervision of a person over eighteen (18)
3 years of age and during the hours and on the days
4 permitted by this section 7802.L"
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6 Amendment 7. Section 7802.1.1 is hereby amended by adding new subsection (12) to
7 read as follows:
8 "12. Any permit issued under this section 7802.1 may be
9 revoked by the Fire Chief in case of any violation of this
10 section 7802.1 or any terms or conditions of the permit.
11 The City Council may revoke said permits(s) and prohibit
12 fireworks sales at such time as it deems necessary to protect
13 the health, safety and welfare of the citizens of the City of
14 Petaluma."
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16 SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
17 repealed.
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19 SECTION 4. Except as herein amended, all provisions of Petaluma Municipal Code
20 section 17.20.070 shall remain in full force and effect.
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22 SECTION 5. If any section, subsection, sentence, clause or phrase or word of this
23 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
24 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
25 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
26 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that
27 any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
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7 Ordinance 2131 N.C.S.
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SECTION 6. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
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 6th day of May, 2002.
ADOPTED this 20th day of May, 2002 by the following vote:
AYES: Maguire, O'Brien, Mayor Thompson, Torliatt
NOES: Moynihan
ABSENT: Cader-Thompson, Vice Mayor Healy
ATTEST:
Paulette Lyon, Interim City
E. C1 k Thompson, Mayor
F-1
Ordinance 2131 N.C.S.
I FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE
2 UNIFORM FIRE CODE, 1997 EDITION, DUE TO REMOVE LOCAL CONDITIONS
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4 CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California
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6 Health and Safety Code, the governing body of the City of Petaluma in its ordinance adopting,
7 and amending the 1997 Edition of the Uniform Fire Code changes or modifies certain provisions
8 of the State Building Standards Code as it pertains to the regulation of buildings used for human
9 habitation. A copy of the text of such changes cr modifications is attached.
10 .
11 FIlVDINGS: Pursuant to Sections 17958.5 and 17958.7 ('a). of the State of California
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13 Health and Safety Code, the governing body of the City of'Petaluma has determined and finds
14 that all the attached changes (or- modifications are needed and are reasonably necessary because
15 of local climatic, geological and topographic conditions as discussed below.
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17 LOCAL CONDITIONS: Local conditions have an adverse effect -on the prevention of (1) major "
18 loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, malting
19 necessary changes or modifications in the Uniform Fire Code and the State Building Standards
20 Code in order to provide a reasonable degree of property security, and fire and life safety in the
21 City of Petaluma.
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23 Below are listed adverse local climatic, geological and topographic conditions.
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25 CLEgATIC
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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 1994-1995, severe flooding occurred during the months of
30 January and March, 1995 and 1998.
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32 Relative Humidity. Humidity generally ranges from 50% 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 104 degrees Fahrenheit. Average
37 summer highs are in the 78-85 degree range
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39 Winds. Prevailing winds are from'the northwest. However, winds are experienced from virtually
40 every direction at one time 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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44 Summary. These local climatic conditions affect the acceleration intensity, and size of fire in the
45 community. Times of little or no rainfall, of low humidity and high temperatures create
EXHIBIT A Ord. NCS
I extremely hazardous conditions, particularly as they relate 'to wood shake and shingle roof fires
2 and conflagrations. The winds experienced in. this° area. can have a tremendous impact upon
3 structure fires in buildings in close proximity to one. another. Winds can carry sparks and burning,,:
4 brands to other structures, thus spreading the fire and causing 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
9.
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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15 The basic geographical boundaries of the city include hills to the south and west, and valley floor
16 in the central area and to the, north and east.. The Petaluma River bisects the city through the
17 central area. Because of the size of the City of Petaluma (12 square miles), the characteristics of
18 the fire environment: changes from one location to the next. Therefore the city has not one, but a
19 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 make 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 Creel) 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 square miles including an urbasi population
estimated at 50,000. Within the city are three (3) fire stations and a totalof 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.
Future residential,dev6opment is, also proposed for the hill areas south acid west of the city. The
majority of the hillsides in these areas have slopes ranging.from 15- 30%. Correspondingly,
there is much diversity in slope percentages. Slope is an important factor in. fire spread. As a
basic rule of thumb, 'the rate of spread will double as the slope. percentage doubles, all other
factors remaining the same.
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I Vegetation, Petaluma'.s 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 to adjacent buildings.
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8 Summary. The above local geological and topographic conditions enhance the magnitude,
9 exposure, accessibility problems, and faSre hazards presented to the City of Petaluma. Fire
10 following an earthquake has the potential of causing greater loss of life anddamage 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, particularly toxic 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 rriitigate 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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22 The extent of damage to the water system, the extent of isolation due to bridge and/or freeway
23 overpass collapse, the extent of roadway damage and/or amount of debris blocking the roadways,
24 climatic conditions (hot, dry weather 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. Therefore 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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EXHIBIT
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