HomeMy WebLinkAboutOrdinance 461 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of
Atascadero, hereby certify that the foregoing is the true and correct original of
Ordinance No. 461 adopted by the Atascadero City Council at a regular meeting
thereof held on September 14, 2004 and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M. .
City Clerk
City of Atascadero, California
ORDINANCE NO. 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 4 (PUBLIC SAFETY)
OF THE MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING THE
CALIFORNIA FIRE CODE AND THE URBAN
WILDLAND INTERFACE CODE
1. 2001 California Fire Code;
2. 2000 Urban Wildland Interface Code
WHEREAS, Government Code Section 50022, etLeq. and California Health & Safety
Code Section 17922 empower the City of Atascadero ("City") to adopt by reference the
California Building Standards Code (the "California Building Standards Code") as provided in
Titles 24 and 25 of the California Code of Regulations and other codes, including, without
limitation, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings
and Uniform Administrative Code; and
WHEREAS, the California Building Standards Commission ("Commission") recently
adopted new amendments to the California Fire Code and the Urban Wildland Interface Code;
and
WHEREAS, California Health & Safety Code, Section 17958.5 authorizes cities to
modify the California Fire Code by adopting more restrictive standards and modifications if such
standards and modifications are accompanied by express findings that they are reasonably
necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council of the City of Atascadero ("City Council") finds that local
climatic, geological or topographical conditions exist within the City, which include, but are no
FINDING 1
That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains
and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions
rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in
major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood
conditions described above create the potential for overcoming the ability of the fire department
to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in
such situations. The resulting overburdening of fire department personnel may cause a substantial
or total lack of protection against fire for the buildings and structures located in the City of
Atascadero. The afore-described conditions support the imposition of fire protection
requirements greater than those set forth in the California State Building Standards Code and, in
particular, support the imposition of greater requirements than set forth in Sections 601.5.9, 705,
904.2.2, and 1503, and Appendix Sections 3104.2, 3106, and 3107.2 of the 1998 California
Building Code, Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3,
City of Atascadero
Ordinance No.461
Page 2 of 11
902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1,
5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001
California Fire Code.
FIlVDING 2
That the City of Atascadero is situated near three major faults each capable of generating
earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the
Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east,
and the Hosgri to the South West. Other faults of importance are the Huasna and West Huasna to
the Southeast of the City, the San Simeon to the Northwest. In as much as these faults are
included as major California earthquake faults, which are subject to becoming active at any time,
the City Atascadero is particularly vulnerable to devastation should such an earthquake occur.
The potential effects include isolating the City of Atascadero from the North and South due to
the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario
Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface
travel across the southern extremities of the city unduly burdensome or impossible. Additional
potential situations inherent in such an occurrence include broken natural-gas mains causing
structure and other fires, leakage of hazardous materials, the need for rescues from collapsed
structures, and the rendering of first aid and other medical attention to large numbers of people.
The protection of human life and the preservation of property in the event of such an occurrence
support the imposition of fire protection requirements greater than those set forth in the
California State Building Standards Code and in particular support the imposition of greater
requirements than set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 1998 California
Building Code, Article 230-70 of the 2001 California Electrical Code, and Sections 902.2.4.3,
902.3.4, 903.3, 1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1. 1007.3.3.6.1, 1102.3.1. 1102.4.1.
5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001
California Fire Code.
FINDING 3
That the central commercial area in the City of Atascadero consists of mixed conditions that
create the potential for possible conflagration, including congested streets during the business
day, numerous older buildings without adequate internal fire-resistance, and contemporary low-
rise buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities of regional firefighting personnel. The continued development of the Atascadero
commercial area and the current and potential development of high-rise buildings pose a
substantial threat of fire to human life, public safety, and the preservation of property and support
the imposition of fire protection requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of greater requirements than
set forth in Sections 601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code,
Article 230-70 of the 1998 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.39
1001.9, 1002.1, 1003.2, 1003.3.1, 1006.1.1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3,
7902.2.2.1, and 8204.2 and Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code.
City of Atascadero
Ordinance No.461
Page 3 of 11
FINDING 4
That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 41) traversing in an east/west direction. The
City is also transected by a mainline railroad that traverses in the north/south direction. It is a
frequent occurrence for the aforementioned highways and railway to support the transportation of
hazardous materials. The potential for release or threatened release of a hazardous material along
one of these routes is highly probable given the volume transported daily. Incidents of this nature
will normally require all available emergency response personnel to prevent injury and loss of
life, and to prevent as far as practicable, property losses. Emergency personnel responding to said
incidents may be unduly impeded and delayed in accomplishing an emergency response as a
result of this situation, with the potential result of undue and unnecessary risk to the protection of
life and public safety, particularly in those buildings or structures without the protection of
automatic fire sprinklers. The above-described problems support the imposition of fire protection
requirements greater than those set forth in the California State Building Standards Code, and in
particular support the imposition of greater requirements than set forth in Sections 601.5.9,
705,904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the 1998
California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2,
1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1,
FINDING 5
Those seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of Atascadero. The
hot, dry weather in combination with Santa Ana winds frequently results in wild land fires in the
brush-covered slopes on the Santa Lucia Mountains and several areas surrounding. The
aforementioned areas completely surround the City. When a fire occurs in said areas, such as
occurred in 1994, the Highway 41 fire burned for several days and entered the City, the entirety
of local fire department personnel is required to control, monitor, fight and protect against such
fire situations in an effort to protect life and preserve property and watershed land. The same
climatic conditions may result in the concurrent occurrence of one or more fires in the more
populated areas of the City without adequate fire department personnel to protect against and
control such a situation. Therefore, the above-described findings support the imposition of fire-
protection requirements greater than those set forth in the California State Building Standards
Code, and in particular support the imposition of greater requirements than set forth in Sections
601.5.9, 705, 904.2.2, and 1503 of the 2001 California Building Code, Article 230-70 of the
2001 California Electrical Code, and Sections 902.2.4.3, 902.3.4, 903.3, 1001.9, 1002.1, 1003.2,
1003.3.1, 1006.1, 1007.3.3.6.1, 1102.3.1, 1102.4.1, 5202.3.6, 7802.3, 7902.2.2.1, and 8204.2 and
Appendix II-F Sections 1 and 4.3 of the 2001 California Fire Code.
FINDING 6
That for the most part, the soils in the City of Atascadero are medium to highly expansive in
nature, and such soils may cause damage to foundations, structures and underground utilities if
not properly mitigated through known construction techniques. Furthermore, a significant part of
the City lies on hills and rolling topography subject to earth slides and movements and present
problems to developments constructed in such areas due to surface water drainage and disposal.
City of Atascadero
Ordinance No.461
Page 4 of 11
The above-described conditions support the imposition of requirements greater than those set
forth in the California State Building Standards Code and, in particular, support the imposition of
greater requirements than those set forth in Sections 1804.7, 1806.1, and 1900.4.4, Table 18-I-C,
3102.7.2, and Appendix Sections 421, 3305, 3306, 3307, 3308, 3309.3, 3309.4, 3309.8, 3309.10,
3309.11, 3311, 3316.1, and 3318.3 of the 2001 California Building Code and Section 315.4 of
the 2001 California Plumbing Code.
FINDING 7
That the more-restrictive modifications requiring automatic fire-sprinkler systems in buildings
evidenced by the afore-described findings allow a trade-off for, and reduction of, other less
effective fire-resistive components of a building support the acceptance of requirements lesser
than those set forth in the California State Building Standards Code and, in particular, support the
imposition of lesser requirements than those set forth in Section 709.4.1 of the 2001 California
Building Code and Sections 902.2.1 and 903.2 of the California Fire Code.
WHEREAS, based upon the recommendations of the Building Official and Fire Chief,
the City Council finds that the proposed amendments to the California Building Standards Code
("amendments") are more restrictive than the standards adopted by the California Building
Standards Commission, would decrease the potential incidence of property damage, injury and
death due to fires and earthquakes, and are reasonable and necessary to mitigate the
aforementioned local climatic, geologic or topographical conditions.
WHEREAS, the City Council finds that each of the local amendments to the California
Fire Code are supported by the local climatic, geologic and/or topographic conditions described
herein.
THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby adopts the recitals contained in this Ordinance as
findings to support the modifications to the California Building Standards Code.
Section 2. Title 4 of the Atascadero Municipal Code is hereby amended to read in full as
follows:
City of Atascadero
Ordinance No.461
Page 5 of 11
INDEX
CHAPTER 4-7 FIRE CODE
4-7. 101 Title/Chapter and Purpose
4-7.102 Adoption of California Fire Code
4-7.103 Adoption of the Urban Wild land Interface Code
4-7.104 Deletion/Amendment of Certain Parts of the California Fire Code
(a) Establishment and duties of Bureau of Fire Prevention.
(b) Establishment and duties of City Code Enforcement Official
(c) Establishment of Limits of Districts in Which Storage of Liquids in
Outside Above Ground Tanks is Prohibited
(d) Establishment of limits for Storage of explosives and blasting agents
prohibited
(e) Turning Radius
(f) Grade
(g) Alarm Signals
(h) Rapid Key Lock Entry System
(i) Gated Access and Rapid Entry for Emergency Vehicles
(j) Dry Standpipe System
(k) Automatic Fire Extinguishing Systems
(1) Deletion of 2001 CFC, Article 78 regulating fireworks
4-7.105 Deletion/Amendment of Certain Parts of the Urban Wild land
Interface Code
4-7.105.1 Adoption by Title Only, The City of Atascadero Fire Department
Developer's Guide
City of Atascadero
Ordinance No.461
Page 6 of 11
Title 4 of the City of Atascadero Municipal Code is hereby amended in its entirety to read as
follows:
4-7.101 Title/Chapter And Purpose
This chapter shall be known as the City of Atascadero Fire Code, Title 4-7 of the Atascadero
Municipal Code. An ordinance of the City of Atascadero amending Title 4 (Public Safety) of the
city of Atascadero Municipal code in its entirety and adopting the California Fire Code
prescribing regulations governing conditions hazardous to life and property from fire, hazardous
materials or explosion; provide for the issuance of permits for hazardous uses or operations, and
establishing a bureau of fire prevention and providing officers therefore and defining their
powers and duties. Certain model codes relating to fire and life safety are as follows:
4-7.102 Adoption of California Fire Code.
Certain documents marked and designated as the "California Fire Code", 2001 Edition,
published by the International Code Council, are hereby adopted for establishing
administrative, organizational and enforcement rules and regulations for technical codes
which regulate site preparation and construction, alteration, moving, demolition, repair,
use and occupancy of buildings, regulations, provisions, conditions and terms of such
"California Fire Code", 2001 Edition, including Articles, Appendices and Errata,
published by the International Code Council, on file in the Building Division, are hereby
referred to and made a part hereof as if fully set out in this Chapter, except as otherwise
provided in this Chapter.
(a) Conflicting Codes and Ordinances
Where existing codes and ordinances, or parts thereof, are in conflict or
inconsistent with the provisions of this ordinance and the California Fire Code,
the most restrictive provisions shall apply.
4-7.103 Adoption of Urban Wildland Interface Code
The Urban-Wildland Interface Code is hereby adopted for the purpose of prescribing
regulations mitigating the hazard to life and property from intrusion of fire from wildland
fire exposures, fire exposures from adjacent structures and prevention of structure fires
from spreading to wildland fuels, that certain code known as the Urban-Wildland Interface
Code published by the International Fire Code Institute, being particularly the 2000 edition
thereof and the whole thereof, save and except such portions as are hereinafter deleted,
modified or amended by this ordinance, the provisions thereof shall be controlling within
the limits of the City of Atascadero.
(a) Conflicting Codes and Ordinances
City of Atascadero
Ordinance No.461
Page 7 of 11
Where existing codes and ordinances, or parts thereof, are in conflict or
inconsistent with the provisions of this ordinance and the Urban-Wildland
Interface Code, the most restrictive provisions shall apply.
4-7.104 California Fire Code (CFC): Amendments.
The California Fire Code,as adopted by Chapter 4-7.103, is amended as follows
(a) Establishment and duties of Bureau of Fire Prevention.
The California Fire Code shall be enforced by the City of Atascadero Fire Department.
The Bureau of Fire Prevention is established and shall be operated under the supervision
of the Fire Chief. The Fire Chief may detail such members of the Department as fire
marshals from time-to-time as necessary.
Section 103.2.1.2 is amended and changed to read as follows:
The Fire Chief shall have the authority of Peace Officers or Public Officers
pursuant to California Penal code sections 830.37(a) and 830.37(b) in the
performance of their duties under the California Fire Code.
(b) City Code Enforcement Officer: Section 103.4 is amended as follows: In addition to
Section 103.4, establishment and duties of the City Code Enforcement Official shall be as
referenced in Chapter/Title 12 of the City of Atascadero Municipal Code.
(c) The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the Fire Code in which
the storage of flammable or combustible liquids in outside aboveground tanks is
prohibited is established as the city limits of the City of Atascadero.
Exception:
(i) Tanks for emergency power generators which are integrated
into the generator assembly. These installations shall be
(ii) Approved by the Fire Chief prior to installation.
(iii) Exterior aboveground-protected tanks may be permitted as
approved by the Fire Chief. Maximum amounts shall be
limited to 12,000 gallons per tank with an aggregate total of
24,000 gallons. When permitted installations shall be in
conformance with CFC.
(d) The limits referred to in Section 7701.7.2 of the Fire Code in which the storage of
explosives and blasting agents is prohibited is established as the city limits of the City of
Atascadero.
(e) Turning Radius
The turning radius as referred to in Section 902.2.2.3 is defined as forty-eight (48) feet
outside radius, or as otherwise approved.
(f) Grade
City of Atascadero
Ordinance No.461
Page 8 of 11
Section 902.2.2.6 is amended to read as follows:
(i) The gradient for a fire apparatus access road shall not exceed twenty
percent(20%) at any point along its length.
(g) Alarm signals
As defined in Section 202, shall not conflict with the response of emergency vehicles or
civil defense systems and shall be approved by the Police Chief and Fire Chief prior to
installation.
(h) Rapid Key Lock Entry System
Section 902.4 is amended to read as follows: When access to or within a structure or an
area is unduly difficult because of secured openings or where immediate access is
necessary for lifesaving or firefighting purposes, the Fire Chief is authorized to require a
key box known as the Knox System to be installed in an accessible location. This box is
to contain the keys necessary to gain access.
(i) Gated Access and Rapid Entry for Emergency Vehicles
Section 902.2.4 is amended to read as follows: Where approved, the fire chief shall
designate the type of rapid entry system for emergency vehicle access to be implemented
within the city and shall have the authority to require all projects to use the designated
system.
(j) Dry Standpipe System
Section 903 is amended as follows: Where installation of required fire hydrants are
impractical due to topography, excessively long and or steep driveways, or other similar
environmental concerns, or where a remote water source may be made safely accessible at
a pumping point for discharge of water for emergency fire vehicles engaged in fire control
and protection operations or where conveyance of water in a closed conduit from a source
to another point may be facilitated by pumping from a fixed standpipe, the fire chief is
authorized to require such a system to be installed in residential projects where necessary.
(k) Automatic Fire Extinguishing Systems.
In addition to the requirements of Section 1003.2 of the California Fire Code, an
automatic fire extinguishing system shall be installed in the occupancies and locations as
set forth below:
New Construction. An automatic fire extinguishing system shall be installed and maintained in
all new buildings in "A,"`B," "E," "F," "H," "I," "M," "R", "S" and "U" (when "U" structure is
attached to an "R") occupancies as defined by the Uniform Building Code, regardless of type of
construction or floor area, for which any Building Permit is issued after the effective date of this
Ordinance.
City of Atascadero
Ordinance No.461
Page 9 of 11
EXCEPTIONS:
Detached Group B or M occupancies not exceeding 500 square feet and located at least 10 feet
from adjacent buildings and 5 feet from adjacent property lines;
Note: "U" occupancies converted to conditioned habitable space will be required to install an
automatic fire extinguishing system.
(a) Existing Construction. Unless the California Fire Code is more
restrictive, an automatic fire extinguishing system shall be installed
in all existing buildings or structures where proposed or ongoing
additions exceed 10% of the total floor area of the existing building
or structure, and which meet one or more of the following:
(i) Have a total floor area exceeding two thousand
(2,000) square feet,
(ii) When a second story or higher is added,
(iii) When occupancy change increases fire risk or
hazard
EXCEPTIONS:
(iv) Additions to single-family residences resulting in a
total floor area of less than 3000 square feet.
Regardless of additions, alterations or repairs in existing sprinklered buildings, sprinkler
coverages shall remain as per the National Fire Protection Association 13, 13R, or 13D
standards, which ever are applied by the Fire Chief.
(1) Deletion of 2001 CFC, Article 78 regulating fireworks
4-7.105 Deletion/Amendment of Certain Parts of the Urban Wildland Interface
Code
(a) Chapter 3 Section 302.2-302.3 is amended as follows: Urban-
Wildland Interface areas shall be recorded as the "Fire Hazard Area
MAP" and filed with the Community Development Department. The
Fire Chief and Community Development Director shall annually
update such map.
(b) Chapter 5 Section's 504, 505, 506 and 507 is amended as follows:
Roof covering limitations shall as per section 8-2.104 of the
Atascadero Municipal Code.
City of Atascadero
Ordinance No.461
Page 10 of 11
4-7.106 Adoption by Title only, The City of Atascadero Fire Department
Developer's Guide
Certain documents marked and designated as the "City of Atascadero Fire Department
Developer's Guide", 2004 Edition, are hereby adopted for establishing administrative,
organizational and enforcement rules and regulations for technical codes which regulate site
preparation and construction, alteration, moving, demolition, repair, use and occupancy of
buildings. Regulations, provisions, conditions and terms of such "City of Atascadero Fire
Department Developer's Guide", 2004 Edition, on file in the Community Development
Department, are hereby referred to and made a part hereof as if fully set out in this Chapter,
except as otherwise provided in this Chapter.
Inconsistency.
To the extent that the terms and provisions of this Ordinance may be inconsistent or in conflict
with the terms or conditions of any prior city ordinance, motion, resolution, rule or regulation
governing the same subject, the terms of this Ordinance shall prevail with respect to the subject
matter thereof and such inconsistent or conflicting provisions of prior ordinances, motions,
resolutions, rules or regulations are hereby repealed.
SECTION 3: The City Council finds that the changes made the uniform codes are enacted to
mitigate the threats posed to public peace, health and safety from earthquakes and fire. In this
regard, the recitals set forth in this Ordinance are incorporated herein by reference as findings.
Moreover, it can be seen with certainty that adoption of this Ordinance will not have a significant
adverse effect on the environment and is therefore exempt from California Environmental
Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a
notice of exemption within five (5) days of the adoption of this Ordinance.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added
by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that any one or more subsections,
subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or
ineffective.
SECTION 5: A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
City of Atascadero
Ordinance No.461
Page 11 of 11
INTRODUCED at a regular meeting of the City Council held on August 24, 2004, and PASSED
and ADOPTED September 14, 2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASCADERO
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ATTEST:
Marcia McClure Torgerson, C.M.C., City Perk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney