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HomeMy WebLinkAboutOrdinance 2084 N.C.S. 04/19/19991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i [m 1, p ' sM W!" .yet; ff x r �`.� �'.� 3 , S y ORDINANCE NO. 2084 N.C.S. Introduced by Seconded by Pamela Torliatt Vice Mayor David Keller AN ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS AND AMENDING ALL FORMER ORDINANCES OR PARTS THEREOF CONFLICTING OR INCONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE OR OF THE CODE OR STANDARDS HEREBY ADOPTED AND BECOMES EFFECTIVE JULY 1,1999. 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 1997 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 Uniform Fire Code, including Appendix Chapters I -A, I-C, 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 17.20.040 and 17.20.050 of the Municipal Code of the Municipal Code are hereby amended to read as follows: 17.20.040 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 8204.3 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as being Zone 1. Ord. 2084 NCS Page 1 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 17.20.050 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 7701.7.2 of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: The limits referred to in Section 7701.7.2 of the Uniform Fire Code are established as being all areas except M-G, general industrial districts as shown in the Petaluma zoning ordinance, copies of which are on file in the office of the city clerk. Section 17.20.060 of the Municipal Code is hereby deleted in its entirety and new Section 17.20.060 is hereby added to read as follows: 17.20.060 ESTABLISHMENT OF, AND CONSTRUCTION REQUIREMENTS WITHIN, OR ADJACENT TO, VERY HIGH FIRE HAZARD SEVERITY ZONES (VHFHSZ). A. Limits. This section shall apply to all real property with newly constructed buildings or developed (after the approval of this Ordinance) within the city of Petaluma located within those Very High Fire Hazard Severity Zones as designated by the Chief. A map of such areas is maintained in the office of the Fire Marshal. B. Definitions. Accessory Building: Any structure(s) on said property used as an accessory to the dwelling unit(s). Defensible Space: The area within the perimeter of a parcel or development where VHFHSZ protection practices are implemented, providing a key point of defense from any approaching fire. These areas are characterized (but not limited to) establishment and maintenance of emergency vehicle access, emergency water supplies, street names, building identification, and fuel modification measures. Greenbelts: A facility or land -use, designed for a use other than fire protection, which will slow or resist the spread of a wild fire. Such areas include, parking lots, irrigated or landscaped areas, maintained vineyards, and orchards or annual crops that do not cure in the field. Same Practical Effect: As used in this ordinance, means an exception or alternative with the capability of applying accepted fire suppression strategies and tactics, and provisions for fire fighter safety, including but not limited to; (a) access for emergency fire equipment (b) safe civilian evacuation (c) signing that avoids delay in emergency equipment response Ord. 2084 NCS Page 2 of 17 1 (d) available and accessible water to effectively attack fire or defend a structure from fire 2 (e) fuel modification sufficient for civilian and fire fighter safety 3 4 Turnaround: A "Terminus Bulb" (cul-de-sac) designed in accordance with City Standards. 5 6 Turnout: A widening in the roadway designed to allow vehicles to pass. 7 8 Very High Fire Hazard Severity Zone: Any geographic area containing the type and condition of 9 vegetation, topography, weather, or structure density to increase the possibility of conflagration 10 fires; and those areas with limited access and or water supplies. 11 12 C. Plan Submittals 13 14 In addition to all other relevant provisions of this code and the Uniform Building Code, a vicinity 15 plan, scale no smaller than 1 inch equals 100 feet, shall be submitted for approval by the Fire 16 Department prior to the issuance of any permits. Such plans shall show the following. 17 18 (1) Grades and dimensions of all existing and proposed public and private streets on the 19 development or providing access to the development. 20 21 (2) The location of all existing and proposed fire hydrants within 300 feet of the property line 22 of the proposed development. The water supply shall meet the requirements as set forth in 23 this ordinance. 24 25 (3) The UBC occupancy classification and use of adjoining properties. 26 27 (4) Preliminary fuel modification plans shall be submitted to the Fire Marshal concurrent 28 with the submittal for approval of any tentative map. Final fuel modification plans shall 29 be submitted to and approved by the Fire Marshal prior to the issuance of a grading 30 permit. 31 32 D. General Safety Requirements. 33 34 Emergency vehicle access shall be as required by Fire Department standards. 35 36 Gate entrances shall be a least two feet wider that the traffic lane serving the gate. 37 38 Water supplies for fire protection shall be as required by section 903.3 of this code. 39 40 Exception: 41 Structures at or above an elevation of 160 feet or in locations which do not have the 42 required fire flow shall have installed a fire sprinkler system in accordance with section 43 1003 of this code. 44 Ord. 2084 NCS Page 3 of 17 I Structures at or above the 160-foot level and in those areas without required fire flow shall have 2 class A roofing. Roofing materials which allow a space between the roof covering and the roof 3 decking shall be fire stopped at the eave ends. Combustible eaves, fascias, and soffits shall be 4 with solid materials having a minimum thickness of 3/4 inch. No exposed rafter tails shall be 5 permitted unless constructed of heavy timber materials. Exterior windows, window walls, and 6 skylights shall be tempered glass or multi -layered glazed panels. 7 8 Exterior wall finish material or covering shall be constructed of non-combustible materials. 9 10 Attic ventilation openings, foundation or underfloor vents, and other ventilation openings in 11 vertical walls and roofs shall not exceed 144 sq. inches for each vent (rough opening). Such vents 12 shall be covered with non-combustible corrosion- resistant mesh with openings not to exceed 1/4 13 inch. Attic ventilation shall comply with the 1997 UBC. Gable end and dormer vents shall be 14 located a minimum of 10 feet from property lines. Underfloor vent openings, if any, shall be 15 located as close to grade as practical. 16 17 Provisions for annual weed and brush abatement of the urban interface and the developed area 18 shall be the responsibility of the developer or property owner. A plan that outlines the provisions 19 for weed abatement shall be developed by property owner and/or developer. The plan shall 20 include, but not be limited to, the following criteria; 21 22 (1) Providing a defensible space area of 30 feet around structures on lots at or above 160 feet, 23 either manmade or natural, in which material capable of allowing fire to spread 24 unchecked must be cleared, treated or modified to slow the rate and intensity of an 25 approaching wildfire. 26 27 (2) The crowns of trees within the defensible space shall be a minimum of 15 feet from 28 adjacent trees, structures and other unmodified fuel. 29 30 (3) A ten -foot firebreak shall be provided on each side of hillside roads or driveways used for 31 emergency access; such firebreaks may be landscaped with fire resistive vegetation. 32 33 (4) Where required, fire breaks and/or disked trails up to 30 feet wide shall be identified on 34 the plan and maintained throughout the fire season; the location of such breaks/trails shall 35 be approved by the Fire Marshal. 36 37 (5) Due to lack of available water and pressure, the furthest point of structures on lots at or 38 above 160 feet shall not be in excess of 150 feet from the streets/roads designated for 39 emergency vehicle use, as measured in an approved route around the exterior of the 40 building. Ord. 2084 NCS Page 4 of 17 1 17.20.070 "Amendments Made in the Uniform Fire Code" is hereby amended as follows: 2 3 Section 207 and 214 of the Municipal Code are hereby added to read as follows: 4 5 207 Definition 6 7 Fully Sprinklered Building - Residential: 8 9 FULLY SPRINKLERED BUILDING RESIDENTIAL - shall mean the installation of automatic 10 fire sprinklers in attics, garages, (attached or not) and other unprotected spaces in addition to any 11 other fire sprinkler system required for residential structures. 12 13 214 Definition 14 15 Multi -Family Dwelling: 16 17 MULTI -FAMILY DWELLING — any structure containing more than one living unit or designed 18 to be occupied by more than one family unit. This definition is applicable only as it relates to the 19 installation of a fire sprinkler system. 20 21 Sections 902.2.2.4 and 902.2.2.6 of the Municipal Code are hereby amended to read as 22 follows: 23 24 902.2.2.4 Dead -ends: 25 26 Dead-end Fire Apparatus Access Roads in excess of 150 feet in length shall be provided with 27 approved provisions for turning around of fire apparatus. Turnarounds for emergency vehicles 28 shall be terminus bulbs (cul-de-sacs) designed in accordance with City standards. 29 30 902.2.2.6 Grades: 31 32 The maximum allowable grade for driveways and roadways used for fire apparatus access is 33 12%. Special allowances up to a maximum of 15% may be granted with the approval of the Fire 34 Marshal and City Engineer. For driveways not required for fire apparatus access, provisions for 35 increases in the grade can comply with Article 20-411 of the Petaluma Zoning Ordinance. 36 37 Section 1001.5.5 of the Municipal Code is hereby deleted in its entirety. 38 39 Section 1001.5.6 of the Municipal Code is hereby added to read as follows: 40 41 1001.5.6 Special Hazards. 42 43 Buildings four or more stories in height shall have a storeroom on every third floor for the 44 storage of emergency equipment to be accessible for exclusive use by the fire department. The 45 building owner shall provide and maintain at owner's expense the type and amount of emergency Ord. 2084 NCS Page 5 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33, 34 35 36 37 38 39 40 41 42 43 equipment as required and specified by the Chief The room(s) shall not be used for other purposes and shall be located as required by the chief, giving consideration to location of enclosed stairwells. Section 1003.2 of the Municipal Code is hereby deleted in its entirety. Sections 1003, 1003.1.1, 1003.1.2, 1003.1.2.1, 1003.2.2.1, 1003.2.2.2, 1003.2.2.3, 1003.2.2.4, 1003.2.2.5, 1003.2.2.6 and 1003.2.2.7 of the Municipal Code are hereby added to read as follows: 1003 Fire Extinguishing Systems 1003.1.1 General An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in this section. 1003.1.2 Standards Fire extinguishing systems shall comply with the National Fire Protection Association and/or Petaluma City Fire Department standards. When conflicts occur between NFPA and local standards, the local standards shall prevail. 1003.1.2.1 Uniform Building Code (UBC) standards for sprinklers and standpipes. Where the 1997 edition of the UBC standards 9-1 and 9-3 (automatic fire sprinkler systems) and 9-2 (standpipe systems) are referenced in this code, substitute the current edition of NFPA 13, 13D, 13R, and 14 respectively. 1003.2.2.1 Fire Extinguishing Systems (sprinklers) in Commercial Buildings required. Commencing on or after July 1, 1999, all commercial buildings or structures for which building permits are submitted, shall have an approved fire sprinkler system. Exception: Buildings which do not exceed 1000 square feet and present no exposure hazard to other structures. 1003.2.2.2 Existing Commercial Buildings Required throughout all existing commercial buildings which are added to and: 1. Increases the original square footage by 25 %, or 2. Causes the structure to exceed 24 feet in height at any point. Ord. 2084 NCS Page 6 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1003.2.2.3 Change of Occupancy. In all buildings or tenant spaces where a change of occupancy results in an increased hazard classification to the building or tenant space as defined in table 3-A of the UBC, 1997 edition. 1003.2.2.4 Destroyed by Fire. In all existing commercialbuildingsbuildings where fire burns more than 50% of the structure as determined by the Fire Marshal and Building Official. 1003.2.2.5 Lot Splits. In all existing structures on land parcels that are split or subdivided where emergency vehicle access, water supply, grade(s), or other conditions exist which do not meet Fire Code or City standards. 1003.2.2.6 Annexation into the City In all existing commercial structures which are annexed to the city when: 1. The occupancy use of the building which increase the fire hazard and/or is a hazardous occupancy, as defined in Table 3-A of the UBC 1997 edition, or 2. The building square footage is 3500 square feet or more. 1003.2.2.7 Design Criteria Fire sprinkler systems installed in buildings of undetermined use shall be designed and installed to have a design density of (.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. Section 1003.2.9 of the Municipal Code is hereby amended to read as follows: 1003.2.9 Group R, Division 1 Occupancies and Multi -family Dwellings. An automatic sprinkler system shall be installed throughout every apartment house and multi- family dwelling. Residential or quick response standard sprinklers shall be used in the dwelling units and guest room portions of the building. Ord. 2084 NCS Page 7 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Sections 1003.2.10, 1003.2.10.1, 1003.2.10.2, and 1003.2.10.3 of the Municipal Code are hereby added to read as follows: 1003.2.10 Fire Extinguishing Systems (sprinklers) Residential Structures Required. In all newly constructed single family dwellings that: 1. Exceed 3500 square feet (until July 1, 2000— see 1003.2.10.1). 2. Are outside the Petaluma FD four minute response area. 3. Are three or more stories in height. 4. Are located in a Very High Fire Hazard Severity Zone. 5. Are located at elevations or in areas where the water supply does not meet fire flow requirements. 6. Are located more than 150 feet from an approved all weather emergency vehicle access. 7. 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. 8. A fully sprinklered building (residential — see definition, Section 207) shall be required when two or more conditions as noted in section 1003.2.10 (items 2-7) are present. 1003.2.10.1 Residential Fire Extinguishing System Required After July 1, 2000. Commencing on or after July 1, 2000, all single family dwellings for which a building permit is submitted shall require a residential fire extinguishing system designed in accordance with NFPA 13 "D". A frilly sprinklered building (residential — see definition, Section 207) shall be required as conditions exist per 1003.2.10 (0). 1003.2.10.2 Residential Type Sprinkler Heads. Fire sprinklers installed in residential occupancies shall be approved and listed quick response type heads in living and sleeping areas. 1003.2.10.3 Residential Conversions and Additions. Fire sprinkler systems shall be installed in all single-family dwellings which are converted to duplexes, bed and breakfasts, inns, lodging houses, or similar uses (see multi -family definitions, Section 207). All additions in 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 installed will not require installation of a sprinkler system in either the existing structure or the addition. Ord. 2084 NCS Page 8 of 17 1 Section 1003.3.1 Item #2 of the Municipal Code is amended to read as follows: 2 3 1003.3.1 Sprinkler Monitoring and Alarm, where required. 4 5 2. Sprinkler systems installed in nonresidential buildings shall be monitored by automatic 6 transmission of an alarm to an approved central alarm receiving station. 7 8 Section 1115 and 1116 of the Municipal Code is amended to read as follows: 9 10 1115 Roof Coverings 11 12 All roof assemblies constructed after the effective date of these regulations shall have a minimum 13 Class "B" fire rating in accordance with the 1997 UBC Standard 15. 14 15 1116 Exterior Wall Coverings 16 17 All Roof covering materials applied as exterior wall covering shall have a minimum fire rating of 18 Class "B" in accordance with the 1997 UBC Standard 15. 19 20 Section 7802.1.1 of the Municipal Code is hereby added to read as follows: 21 22 7802.1.1 Fireworks - Conditions of Sales 23 24 1. It is unlawful for any person, firm, corporation, association, or organization to sell or offer for 25 sale any fireworks within the City, except as expressly permitted by this ordinance. 26 27 2. Time of Sale. 28 29 Subject to the provisions of the State Fireworks Law (California Health and Safety Code, 30 Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-12801), and the 31 provisions of this code, "safe and sane" fireworks, as defined in Section 12504 of the 32 California Health and Safety Code, may be sold within the City during the period beginning 33 at Noon on June 28th and ending at noon on July 6th, provided, however, that pyrotechnic 34 displays may deviate from these restrictions subject to applicable provisions of the California 35 Health and Safety Code, and provided they are approved by the Fire Chief or his designated 36 representative. 37 38 3. Permit Required. 39 40 No person, firm, corporation, association, or organization shall sell fireworks within the City 41 without first having obtained a permit therefor. Issuance of the permit shall fulfill all 42 municipal licensing requirements and fire safety conditions outlined by the Fire Department. 43 All permit applications shall be received in the Fire Marshals office by no later than the last 44 day of May each year. 45 Ord. 2084 NCS Page 9 of 17 1 4. Information Required on Permit. Each applicant for such permit shall file a written 2 application with the Bureau of Fire Prevention showing the following information: 3 4 a. Name and address of applicant. 5 b. Location where the applicant proposes to sell fire works. 6 c. Places of storage for fireworks. 7 d. Evidence that applicant meets the criteria as specified in this resolution and other 8 ordinances. 9 10 5. Organization(s) Authorized to Sell. 11 12 No permit to sell safe and sane fireworks shall be issued to any person except the following. 13 14 a. Nonprofit organizations, corporations, or local community service associations organized 15 primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes, which 16 can demonstrate that a majority of their financial resources and manpower are donated to 17 projects of benefit to the total community within the city limits of Petaluma. 18 19 b. Any person, organization or entity which sold fireworks for -profit in the city of Petaluma 20 for three or more consecutive years, including and prior to the 1997 fireworks sales 21 period, shall be entitled (grandfathered) to apply and obtain a permit for each year after 22 the 1997 fireworks sales season. Those for -profit entities who qualify shall be allowed to 23 continue to obtain a fireworks sale permit until, by attrition, they discontinue selling 24 fireworks and/or do not apply and obtain a permit to sell in each consecutive year 25 following the year 1997. For -profit entities who are grandfathered shall not be allowed to 26 transfer, sell, or otherwise give their right to sell fireworks to any individual, organization 27 or entity not previously named on their fireworks permit applications on or before 1997. 28 29 6. Determination of Eligibility by Fire Chief - Right of Appeal. 30 31 The Fire Chief shall make a determination as to which organizations meet the criteria 32 specified in Section 5. Any aggrieved applicant may appeal the decision of the Fire Chief 33 within seven (7) days to the City Manager. The decision of the City Manager shall be a final 34 decision, appealable to the City Council within seven (7) days of the decision. 35 36 7. Maximum Number of Permits to Sell. 37 38 The maximum number of permits to sell safe and sane fireworks, which may be issued during 39 any one calendar year, shall not exceed one permit for each 2500 residents of the City, or 40 fraction thereof, based on the most recent figure designated by the State Department of 41 Finance as the City's population (hereafter known as the CAP). If the number of applications 42 received up to and including the last day of May of each year exceeds the number of permits 43 to be issued, the permittees during the preceding year shall have first priority for the available 44 permits. If there are any additional permits available, the Fire Marshal shall forward a list of 45 applicants, who were not permittees the preceding year, to the City Clerk who shall, not later Ord. 2084 NCS Page 10 of 17 1 than on the 5th day of June, supervise an impartial drawing to determine an order of priority 2 for each application. Upon such determination, the City Clerk shall forward to the Fire 3 Marshal a list of applications, numbered in order of priority drawn for investigation and 4 issuance. Permits inay be issued in order of priority drawn to those on the list until the CAP 5 is reached. 6 7 8. Total Number of Booths Permitted for an Entity, Organization, or Group. 8 9 Fireworks sales permittees shall be limited to one booth per entity, organization, and/or group 10 (applicant). The purpose of limiting booths to one per applicant is to allow a maximum 11 number of entities, organizations, or groups to participate in fireworks sales. 12 13 If the total number of permit applications received is not in excess of The CAP based on the 14 population ratio, an applicant may petition the Fire Marshal to set up an additional booth, but 15 not to exceed a total of two per applicant. 16 17 If the number of applications for multiple booths received up to and including the last day of 18 May of each year exceeds the number of permits to be issued, the Fire Marshal shall forward 19 a list of applicants who are requesting a second booth to the City Clerk who shall, not later 20 than on the 5th day of June, supervise an impartial drawing to determine an order of priority 21 for each application. Upon such determination, the City Clerk shall forward to the Fire 22 Marshal a list of applications, numbered in order of priority as drawn.. Additional booths and 23 permits will be awarded to each applicant in order of priority drawn until The Cap is reached. 24 25 Multiple booth permits shall be given for that year only. The process for awarding additional 26 booths per applicant shall begin anew each yearend will be available based on the Cap. 27 28 Any person, organization, or entity which sold fireworks in the City of Petaluma for three or 29 more consecutive years, up to and including 1997, and had previously obtained multiple. 30 booth permits per applicant, shall be entitled (grandfathered) to apply for the same number of 31 booths as they had in the previous three years. These applicants shall be allowed to continue 32 to operate multiple booths until such time as they discontinue selling fireworks and/or do not 33 apply for and obtain a permit in each consecutive year following 1997. Entities who 34 discontinue fireworks sales and/or do not obtain a permit each consecutive year shall be 35 deemed to have forfeited the right to multiple booths per applicant. 36 37 9. Insurance Requirements at Condition of Sale. 38 39 Each applicant for a permit shall file with the Bureau of Fire Prevention, prior to the issuance 40 of any permit, a policy of public liability insurance with coverage of at least 41 S300,000.00/500,000.00, a policy of property damage insurance with coverage of at least 42 $300,000.00 on a certificate showing the amounts of insurance. The City, its officers, 43 employees, and agents shall be named as additional insured on such insurance policy or 44 certificate. 45 Ord. 2084 NCS Page 11 of 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 10. Fireworks Booth --Restrictions 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. Location of booths is contingent upon receipt of approval from the Fire Chief or his designated representative. b. No booth shall have a floor area in excess of 750 square feet. All booths in excess of 20 feet in length must have two exits. Larger booths must have an exit for every 20 feet of length located 20 feet apart. c. All weeds and combustible materials shall be cleared in and around booth for a distance of at least 20 feet. d. "No Smoking" signs shall be posted on the booths. No smoking shall be allowed within any fireworks booth. e. 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 law. f. All unsold stock shall be removed from the booth and located in an approved area immediately after close 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 safe and sane fireworks shall be permitted only from within a temporary booth. Sales from any other building or structure is prohibited. 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. 1. Signs must be posted on each booth stating "No fireworks permitted in the unincorporated areas of the County". 11. Any permit issued under this ordinance may be terminated by the Fire Chief in case of any violations of any terms and conditions of the ordinance or any terms or conditions of the permit. The City Council may terminate said permit(s) and fireworks sales at such time as they deem it to be in the interest of the safety of the citizens of the City of Petaluma. Ord. 2084 NCS Page 12 of 17 1 2 Section 8704.4.1.1 of the Municipal Code is hereby added to read as follows: 3 4 Section 8704.4.1.1 Water Supply During Construction 5 6 Water mains and hydrants shall be installed and operational, as approved by the Fire Marshal, 7 prior to combustible construction either in structures below grade or those above grade. 8 9 SECTION 2 10 11 FINDINGS OF FACT 12 13 Pursuant to California Health and Safety Code Section 17958.7 the attached findings are hereby 14 made and the amendment made to the Uniform Fire Code (1997 Edition) is necessary due to 15 local climatic, geological or topographical conditions. 16 17 SECTION 3 18 19 CITY CLERK - FILING 20 21 The city clerk is hereby directed to file this ordinance, specifically the modification of the 22 Uniform Fire Code, 1997 Edition, and the attached findings of fact, with the California 23 Department of Housing and Community Development. 24 25 SECTION 4 26 27 REPEAL OF CONFLICTING ORDINANCES. 28 29 All former ordinances or parts thereof conflicting or inconsistent with the provisions of this 30 ordinance or of the Code or Standards hereby adopted are hereby repealed. 31 32 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any 33 reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent 34 jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 35 The City Council of the City of Petaluma hereby declares that it would have passed and adopted 36 this ordinance and each and all provisions thereof irrespective of the fact that any one or more of 37 said provisions be declared unconstitutional, unlawful or otherwise invalid. Ord. 2084 NCS Page 13 of 17 .. 1 2 INTRODUCED and ordered Posted/Rxtiotghuk this 5th day of April , 1999. 3 4 ADOPTED this 19th day of April 1999, by the following vote: 5 6 AYES: Healy, Torliatt, Cader-Thompson, Maguire, Vice Mayor Keller, Mayor Thompson 7 8 NOES: None 9 10 ABSENT: Hamilton 11 12 ABSTAIN: None 13 14 15 16 Mayor 17 E. 0" 18 19 20 ATTEST: 21 22 23 24 City Clerk 25 26 27 Ord. 2084 NCS Page 14 of 17 1 FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE 2 UNIFORM FIRE CODE, 1997 EDITION, DUE TO REMOVE LOCAL CONDITIONS 3 4 CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California 5 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 or modifications is attached. 10 11 FINDINGS: Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California 12 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. 16 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, making 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. 22 23 Below are listed adverse local climatic, geological and topographic conditions. 24 25 CLIMATIC 26 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. 31 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. 35 36 Temperatures. Temperatures have been recorded as high as 104 degrees Fahrenheit. Average 37 summer highs are in the 78-85 degree range 38 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. 43 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 Ord. 2084 NCS Page 15 of 17 1 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. 7 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. 14 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. 20 21 The service area of the City of Petaluma has a varied topography and vegetative cover. A 22 conglomeration of bay, plains, hills and ridges make up the terrain. Development has occurred on 23 the flat lands in the central and eastern portions of the city. However, over the last ten years, 24 development has spread into the hills and the smaller valleys and canyons. 25 26 Seismic Location. The relatively young geological processes that have created the San Francisco 27 Bay Area are still active today. Two active earthquake faults (San Andreas and the Healdsburg- 28 Rodgers Creek) affect the Petaluma area. Approximately 50% of the city's land surface is in the 29 high -to -moderate seismic hazard zones. 30 31 Size and Population. The City of Petaluma covers 12 square miles including an urban population 32 estimated at 50,000. Within the city are three (3) fire stations and a total of 53 fire personnel. The 33 Fire Department handles diverse responsibilities including wild land and urban fires, freeway, 34 air, rail and medical emergencies. 35 36 Topography. The city's service area is a conglomeration of bay plains, hills, valleys, and ridges. 37 The flatter lands are found in the central and eastern portions of the city. Most of the existing 38 urban and suburbanized areas are on relatively flat lands (O - 5% ) slope. 39 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. 45 Ord. 2084 NCS Page 16 of 17 1 Vegetation. Petaluma's semi -arid Mediterranean -type climate produces vegetation similar to that 2 of most of Sonoma County. 3 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. 7 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. 12 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 mitigate the greatest threat, and may likely be unavailable for fires in smaller single -dwellings 18 and structures. 19 20 Other variables may tend to intensify the situation: 21 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. 26 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. 30 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. 36 37 38 11/13/98 c:vmsofticevwinwordvordv97UFCOrd ordl sm 4/7/99 Ord. 2084 NCS Page 17 of 17