Loading...
HomeMy WebLinkAboutOrdinance 631AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REPEALING AND REPLACING TITLE 4, PUBLIC SAFETY, CHAPTER 7, FIRE CODE, OF THE ATASCADERO MUNICIPAL CODE (CPPI9-0080) WHEREAS, it is the desire and intent of the City Council to provide residents with common sense reform to the City's Municipal Code to reduce regulations; and WHEREAS, the City Fire Marshall has reviewed applicable sections of Title 4 and has determined sections need to be modified for consistency with State Law; and WHEREAS, provisions codified in this Title are adopted to implement and supplement the California Building and Fire Codes as they exist and may be amended from time to time; and WHEREAS, it is the desire and intent of the City of the Atascadero to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code and California Fire Code with amendments specific to the City of Atascadero; and WHEREAS, the California Health and Safety Code, Section 17958.5 and Section 18941.5, requires the Planning Commission, before recommending any modifications or changes to the California Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express finding that each such modification or change is needed; and WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and WHEREAS, a timely and properly noticed Public Hearing upon the subject amendments was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments, and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 19, 2019, studied and considered the proposed code amendments; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the amendments; and 7 WHEREAS, a timely and properly noticed Public Hearing upon the subject amendments was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments. City of Atascadero Ordinance No. 631 Page 2 of 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on January 14, 2020, considered the proposed amendments. SECTION 3. Findings. The City Council makes the following findings, determinations and approvals with respect to the Municipal Code Amendments: FINDING: The code amendments are justified by climatic, topographic or geological conditions of the City. FINDING: The code amendments are at least as restrictive as the State mandated Codes. FINDING: The following statements support the local necessity for the changes or modifications: A. 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 the 2019 California Building and Fire Codes; B. 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 n from the North and South due to the potential for collapsing of freeway l 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 City of Atascadero Ordinance No. 631 Page 3 of 5 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 2019 California Building and Fire Codes; C. 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 2019 California Building and Fire Codes; n D. 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 the 2019 California Building and Fire Codes; E. That 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 wildland fires in the brush -covered slopes on the Santa n 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 City of Atascadero Ordinance No. 631 Page 4 of 5 property and watershed land. The same climatic conditions may result in the n 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 the 2019 California Building and Fire Codes; F. 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. 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 the 2019 California Building and Fire Codes. SECTION 4. CEQA. The proposed Title 4 amendments are exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ n 15378(b)(4), 15061(b)(3). SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 14, 2020, resolved to introduce for second reading by title only, an Ordinance that would repeal and replace all of Chapter 7, 2019 California Fire Code within Title 4 of the City of Atascadero Municipal Code as detailed in Exhibit A attached hereto and incorporated herein by this reference. SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repeal of any provision of the AMC or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City n Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. City of Atascadero Ordinance No. 631 Page 5 of 5 SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on December 10, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on January 14, 2020. CITY OF ATASCADERO A&vAM!!) -T-�- Heather Moreno, Mayor ATT -ST- APPROVED ST APPROVES S O Flom. Brian A. Pierik, City Attorney Exhibit A n CHAPTER 7 FIRE CODE 4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code. (a) Two (2) documents, three (3) of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as the 2019 Edition of the California Fire Code and the 2018 Edition of the International Wildland-Urban Interface Code published by the International Code Council are hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter (2019). 4-7.103 Local modifications to the California Fire Code. (a) Adopt Appendix D without Table D103.4 and Figure D103.1 (b) Amend Chapter I, Division II, Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Atascadero, referred to as "this code." n(c) Amend Chapter I, Division II, Section 108.1 to read as follows: 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals, consistent with Title 8, section 1.02 of the Atascadero Municipal Code. The fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board shall adopt rules of procedure for conducting its business. (d) Amend Section 311.2.2 Fire Protection by deletion of Exceptions 1, 2 and 3. (e) Amend Section 503.1.1 to read as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building measured by an approved route around the exterior of the building or facility. Additionally, all roads and driveways shall comply with Atascadero Fire Department standards. nException: The fire code official is authorized to increase the dimension of 150 feet (45,720 I mm) where: I . Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of protection is provided. 2. There are not more than two Group R-3 or Group U occupancies. (f) Delete Section 505.1: (g) Amend Section 507.2.2 to read as follows: 507.2.2 Water tanks. Water tanks are not permitted for private fire protection. (h) Delete section 605.11 (i) Amend Section 609.2 to read as follows: 609.2 Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. Hood systems shall be tied into existing alarm systems. 0) Amend Section 901.7 to read as follows: l l 901.7 Systems out of service. Where a required fire protection system is out of service, the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. The person assigned to fire watch shall maintain a written log of their activities during their assigned shift and the log shall be provided to the fire code official upon request. (k) Delete Sections 903.2 through 903.2.19 and replace as follows: 903.2. Where required. An approved automatic fire sprinkler system shall be installed throughout all new buildings, and/or buildings that are increased in size that meet the following conditions below: 1. Buildings containing Groups B and M occupancies where floor area is greater than or n equal to 500 square feet (46.45 mZ) and located less than or equal to 10 feet from adjacent buildings on the same property and less than or equal to 5 feet from adjacent property lines. 2. Buildings containing Group U occupancies where floor area is greater than or equal to 1,000 square feet (92.9 m2) and located less than or equal to 10 feet from adjacent buildings on the same property and less than or equal to 5 feet from adjacent property lines, unless part of a mixed -occupancy building containing a Group R, Division 3 occupancy. I3. Group U occupancy buildings that are not open on at least three sides and greater than _ I or equal to 3,000 square feet. 4. Throughout an existing building other than a Group R, Division 3 occupancy or a U occupancy when accessory to a Group R, Division 3 occupancy whenever additions exceed ten (10) percent of the total floor area of the existing building, and the total combined floor area will exceed 2,000 square feet (185.8 m2), or a second story or greater is added. 5. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when accessory to a Group R, Division 3 occupancy whenever: a. Additions exceed ten (10) percent and total combined floor area will exceed 3,000 square feet (278.7 m2); or b. The total combined floor area will exceed 5,000 square feet (464 m2). 6. Group B and M occupancies whenever single or multiple additions will exceed 1,000 square feet (92.9 m2) beyond the size of the structure on the effective date of this regulation, or the total combined floor area will exceed 5,000 square feet (464.5 m2), or a second story or greater is added. 7. Group A, B, E, F, M and S occupancies where one of the following conditions exist in existing buildings when modification or tenant improvements are being considered: 1. The fire area exceeds 5,000 sq. ft. (464 m2). 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on the floor other than a level of exit discharge serving A, B, E, F, M and S occupancies. 4. The structure exceeds 5,000 sq. ft. (464 m2), contains more than one fire area containing A, B, E, F, M and S occupancies and is separated into two or more buildings by firewalls of less than four-hour fire resistance rating without openings. 8. In A-5, F -I and S-1 building occupancy as follows: 1. An automatic sprinkler system shall be provided for Group A-5 Occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of 1,000 square feet (90 m2). 2. A Group F-1 Occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2). 3. Woodworking Operations. An automatic sprinkler system shall be provided throughout all Group F-1 occupancy fire areas that contain wood -working operations in excess of 2,500 square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. A firewall of less than four hour fire -resistance rating without openings, or any firewall with openings, shall not be used to establish separate fire areas. 4. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 m2). 9. Any commercial occupancy, A, B, E, F, M, and S that is converted to an R occupancy adjoining other commercial uses. 903.2.11 Additions to existing buildings equipped with an automatic fire sprinkler system. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. 903.2.21 Flow switch. All sprinkler systems including NFPA 13, 13R and 13D shall require a flow switch that is connected to a local bell and is highly encouraged to have an inspector test valve at the most hydraulically remote location per Atascadero Fire Department standards. 903.2.13 Automatic fire -extinguishing system. An automatic fire -extinguishing system shall be installed as set forth in Section 903.2 of the California Fire Code as amended in Section 4-7.103 of the Atascadero Municipal Code. (1) Add Sections 907.10 through 907.10.2 to read as follows: 907.11 False alarms. The fire code official is authorized to seek cost recovery for a fire department response to an alarm system activation which is determined to be a false alarm caused by system malfunction, system misuse or other non -emergency causes. 907.11.1 False alarm frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year. 907.11.2 False alarm fee. The amount of the cost recovery fee will be as set forth in the City of Atascadero User Fees Schedule. Additional fees may be charged for extraordinary circumstances. (Ord. 607 § 1, 2017) (m) Amend Section 1204.2 to read as follows: 1204.2 Access and pathways. Roof access, pathways and spacing requirements shall be provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas capable of supporting firefighters accessing the roof. No portion of a pathway shall be located on a portion of a gable roof overhanging the gable rafter or truss. Pathways shall be located in areas with minimal obstructions. Such as vent pipes, conduit or mechanical equipment. Exceptions: 1. Detached, non -habitable Group U structures including, but not limited to, detached garages serving Group R-3 buildings, parking shade structures, carports, solar trellises and similar structures. 2. Roof access, pathways, and spacing requirements need not be provided where the fire code official has determined that rooftop operations will not be employed. (n) Amend Section 1204.2.1.1 to read as follows: 1204.2.1.1 Pathways to ridge. Not fewer than two 36 inch wide (914mm) pathways on each I I roof plane on which modules are located, or on adjacent roof planes or straddling the same and adjacent roof planes, from lowest roof edge to ridge, shall be provided on all buildings. Exception: n 1. These requirements shall not apply to structure designed and constructed in accordance with the California Residential Code. 2. These requirements shall not apply to roofs with slopes of 2 units vertical in 12 units horizontal or less. (o) Amend Section 1204.2.1.2 to read as follows: 1204.2.1.2 Setbacks at ridge. A setback of not less than 36 inches (914mm) is required on both sides of a horizontal ridge. (p) Delete Section 1204.2.1.3 (q) Amend Section 1204.2.2 to read as follows: 1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R-3 buildings shall not be shall not be placed on the portion of a roof that is below an emergency escape and rescue opening. A pathway of not less than 36 inches (914mm) wide shall be provided from the emergency escape and rescue opening to the eave directly below and a 36 inch wide (914mm) shall be provided directly in front of the full length of the wall line containing the emergency escape and rescue opening(s). I I (r) Amend Section 1204.3.2 to read as follows: 1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the following requirements: 1. Pathways shall be provided at intervals not greater than 150 feet (45,720 mm) throughout the length and width of the roof. 2. A pathway of not less than 4 feet (1219 mm) wide in a straight line to roof standpipes or ventilation hatches. 3. A pathway not less than 4 feet (1219 mm) wide around roof access hatches, with not fewer than one such pathway to a parapet or roof edge. 4. A pathway of not less than 4 feet (1219 mm) wide to and around each piece of powered mechanical equipment. (s) Amend Section 1204.4 to read as follows: 1204.4 Ground -mounted photovoltaic panel systems. Ground -mounted photovoltaic panel systems shall comply with Section 1204.1 and this section. Setback requirements shall not apply to ground -mounted, free-standing photovoltaic arrays. A clear, brush -free area of 10 feet (3048 mm) shall be required around ground -mounted photovoltaic arrays and under the array. Arrays n shall be located a minimum of 20 feet (6096 mm) from other structures and shall not be located so as to impede access to and around a structure in any manner. Mounts shall be of non- combustible construction. No storage shall be permitted under the panel arrays. Arrays shall not be located upon biological conservation easements, riparian or vernal pool area. STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 631 was duly introduced at a regular meeting held December 10, 2019 and adopted at a regular meeting of the City Council held on the 14th day of January, 2020 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None -UE RK I hereby certify that the foregoing is the original of Ordinance No. 631 duly passed and adopted by the Atascadero City Council at their regular meeting held on January 14, 2020 and that summaries of the Ordinance were published on December 13, 2019 and January 20, 2020 in The Tribune newspaper. �:r - 013me] 1ra11:10