ORDINANCE NO.3852
ORDINANCE OF THE CITY OF SANTA ROSA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE.
THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. Subsection (B) of section 18-04.015 of the Santa Rosa City Code is amended to read as follows:
(B) There is hereby adopted by reference the 2007 Edition of the California Fire Code including Appendices 1, 4, B, C, D, E, F, G and H.
Section 2. All the existing sections of 18-44 of the Santa Rosa City Code are repealed:
Chapter 18-44
CALIFORNIA FIRE CODE
Section 18-44.101.1 California Fire Code Appendix Chapter 1, section 101.1 is amended to read as follows:
Section 18-44.101.1 Title. "This chapter shall be known as the "2007 California Fire Code," and may be cited and referred to as such. For purposes of citation, the sections of the "2007 California Fire Code", including the appendices identified in section 18-04.015(B) of this code, are renumbered by adding A18-44@ before each section of the California Fire Code (e.g., Sections 101.1 and 8001.1 of the California Fire Code shall be cited respectively as Sections 18-44.101.1 and 18-44.8001.1 of this code)."
Section 18-44.103.1.1 California Fire Code Appendix Chapter 1 section 103.1.1 is added to read as follows:
Section 18-44.103.1.1 Bureau of Fire Prevention. "Where this code refers to the Department of Fire Prevention, the Bureau of Fire Prevention will be inserted. Where this code refers to the Fire Code Official, the Fire Marshal will be inserted."
18-44.104.3.2 California Fire Code Appendix Chapter 1, section 104.3.2 is added to read as follows:
Section 18-44.104.3.2 Inspection Access.
"1. The Chief or authorized representative, in the performance of the duties herein prescribed, shall have the right to enter upon and into any and all premises under his jurisdiction, at all reasonable hours for the purpose of inspecting the same to determine whether or not the provisions of this code and of all other applicable laws or ordinances pertaining to the protection of persons and property from fire and explosions are observed therein; provided, however, that an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of Civil Procedure be first secured where entry is refused, except in an emergency situation."
"2. The owner, lessee, manager or operator of any such building or premises shall permit the Chief or authorized representatives to enter and inspect them at the time and for the purpose stated in this section. Failure to permit such entry when an inspection warrant is not required shall constitute a misdemeanor."
"3. The Chief or duly authorized representative shall have the authority to enter any building or premises for the purposes of extinguishing or controlling any fire, performing any rescue operation, investigating the existence of suspected or reported fires, gas leaks, or other hazardous conditions or taking any other action necessary in the reasonable performance of their duty."
18-44.105.1.4 California Fire Code Appendix Chapter 1, section 105.1.4 is added to read as follows:
"Section 18-44.105.1.4 New Materials and Permits. The City Manager, the Chief and the Fire Marshal may act as a committee to determine and specify any new regulated materials, and shall establish processes or occupancies requiring permits in addition to those enumerated in this code. The Chief or designee shall post such list in a conspicuous place in the office, and distribute copies thereof to interested persons. Permits under this section shall be administered in accordance with section 105."
18-44.105.6.8 California Fire Code Appendix Chapter 1, Table 105.6.8 is amended to read as follows:
"Table: 18-44.105.6.8
Permit Amounts for Compressed Gases
Type of Gas Amount
(cubic feet at NTP)
Corrosive Any Amount
Flammable Any Amount
Highly toxic Any Amount
Inert and simple asphyxiant 600
Oxidizing (including Oxygen) Any Amount
Pyrophoric Any Amount
Toxic Any Amount
18-44.105.6.10 California Fire Code Appendix Chapter 1, Table 105.6.10 is amended to read as follows:
"Table 18-44.105.6.10
Permit Amounts for Cryogenic Fluids
Type Inside Building Outside Buildings
(gallons) (gallons)
Flammable Any Amount Any Amount
Oxidizer Any Amount 10
(includes Oxygen)
Corrosive Any Amount 5
Highly toxic Any Amount Any Amount
Nonflammable Any Amount 5
18-44.105.6.11 California Fire Code Appendix Chapter 1, section 105.6.11 is deleted – Cutting and Welding
18-44.105.6.15 California Fire Code Appendix Chapter 1, section 105.6.15 is deleted – Fire hydrants and valves
18-44.105.6.16 11. California Fire Code Appendix Chapter 1, section 105.6.16 11. is added to read as follows:
Section 18-44.105.6.16 11. "Transfer of Ownership. To transfer ownership of an Underground Storage Tank (UST) facility. Permits shall be issued at least 30 days prior to completion of transaction."
18-44.105.6.20 California Fire Code Appendix Chapter 1, Table 105.6.20 is amended to read as follows:
"Table 18-44.105.6.20
Permit Amounts for Hazardous Materials
Type of Material Amount
Combustible liquids 25 gallons
Corrosive materials
Gases Any Amount
Liquids Any Amount
Solids Any Amount
Explosive materials See Section 105.6.14
Flammable materials
Gases See Section 105.6.8
Liquids See Section 105.6.16
Solids 100 pounds
Highly toxic materials
Gases See Section 105.6.8
Liquids Any Amount
Solids Any Amount
Oxidizing materials
Gases See Section 105.6.8
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 1 gallon
Class 1 1 gallon
Solids
Class 4 Any Amount
Class 3 5 pounds
Class 2 10 pounds
Class 1 100 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V 25 gallons
Solids
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Class V 500 pounds
Pyrophoric materials
Gas Any Amount
Liquids Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.6.8
Liquids See Section 3701
Solids Any Amount
Unstable (reactive) materials
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 1 gallon
Class 1 5 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 10 pounds Class 1 20 pounds
Water-reactive materials
Liquids
Class 3 Any Amount
Class 2 1 gallon
Class 1 5 gallons
Solids
Class 3 Any Amount
Class 2 10 pounds
Class 1 20 pounds
18-44.105.6.20.1 California Fire Code Appendix Chapter 1, section 105.6.20.1 is added to read as follows:
Section 18-44.105.6.20.1 Hazardous Materials Permit Ranges.
"HAZARDOUS MATERIALS STORAGE RANGE
Range Solids in Pounds Liquids in Gallons Compressed Gas(Cu. ft. at STP) Duration
Range 1 Up to 500 Up to 55 Up to 200 Annual
Range 2 501 to 5,000 56 to 550 201 to 2,000 Annual
Range 3 5,001 to 25,000 551 to 2,750 2001 to 10,000 Annual
Range 4 25,001 to 50,000 2,751 to 5,500 10,001 to 20,000 Annual
Range 5 More than 50,000 More than 5,500 More than 20,000 Annual
18-44.105.6.34 California Fire Code Appendix Chapter 1, section 105.6.34 is amended to read as follows:
Section 18-44.105.6.34 Places of assembly. "An operational permit is required to operate a place of assembly."
18-44.105.6.48 California Fire Code Appendix Chapter 1, section 105.6.48 is added to read as follows:
Section 18-44.105.6.48 Apartment, hotel, or motel. "An operational permit is required to operate an apartment house, hotel or motel"
18-44.105.6.49 California Fire Code Appendix Chapter 1, section 105.6.49 is added to read as follows:
Section 18-44.105.6.49 Bowling Pin or Alley Refinishing. "An operational permit is required to operate a Bowling Pin or Alley Refinishing operation."
18-44.105.6.50 California Fire Code Appendix Chapter 1, section 105.6.50 is added to read as follows:
Section 18-44.105.6.50 Bonfires or rubbish fires. "An operational permit is required to kindle or authorize the kindling or maintenance of bonfires or rubbish fires."
18-44.105.6.51 California Fire Code Appendix Chapter 1, Section 105.6.51 is added to read as follows:
Section 18-44.105.6.51 Day care. "An operational permit is required to operate a day care occupancy with an occupant load in excess of six (6) persons."
18-44.105.6.52 California Fire Code Appendix Chapter 1, section 105.6.52 is added to read as follows:
Section 18-44.105.6.52 High rise occupancy. "An operational permit is required to operate a high rise building as defined in Title 24, California Code of Regulations."
18-44.105.6.53 California Fire Code Appendix Chapter 1, section 105.6.53 is added to read as follows:
Section 18-44.105.6.53 Residential and Commercial Institutional Care Occupancy. "An operational permit is required to operate a residential or commercial institutional care occupancy. Occupancies complying with Health and Safety Code Section 13235 are exempt."
18-44.105.6.54 California Fire Code Appendix Chapter 1, section 105.6.54 is added to read as follows:
Section 18-44.105.6.54 Institutional occupancy /residential care/day care pre-licensure inspection. "A fee shall be required for a Pre-Licensure Inspection in accordance with Health and Safety Code Section 13235."
18-44.105.6.55 California Fire Code Appendix Chapter 1, section 105.6.55 is added to read as follows:
Section 18-44.105.6.55 Model rockets rental, sale or operation. "An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined (Health and Safety Code Section 12519)."
18-44.105.6.56 California Fire Code Appendix Chapter 1, section 105.6.56 is added to read as follows:
Section 18-44.105.6.56 Live Entertainment. "An operational permit is required to operate a business providing live entertainment to the public."
18-44.105.6.57 California Fire Code Appendix Chapter 1, section 105.6.57 is added to read as follows:
Section 18-44.105.6.57 In Building Public Safety Radio System. "An operational permit is required to operate an In Building Public Safety Radio System."
18-44.108 California Fire Code Appendix Chapter 1, section 108 is amended to read as follows
Section 18-44.108 Board of Appeals.
"108.1 Whenever the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, the applicant or any aggrieved person may appeal the decision of the Fire Marshal to the Chief within 15 days of such decision. The decision of the Chief may be appealed to the Board of Building Regulation Appeals within fifteen (15) days of the decision pursuant to City Code Section 1-20.020. The decision of the Board of Building Regulation Appeals shall be a final decision exhausting the administrative remedies of the appellant notwithstanding Santa Rosa City Code Section 1-20.010.
108.2
(A) In order to hear appeals of orders, decisions or determinations made by the Fire Chief relative to the application and interpretation of this code there shall be created a Board of Building Regulations Appeals, consisting of seven members.
(B) The Board of Building Regulations Appeals shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code.
(C) It is desirable but not required that the members of the board be active in their field and are qualified by experience and training to pass upon matters pertaining to building construction, including but not limited to: electrical, plumbing and mechanical work. It is desirable but not required that the Board include: (1) a general contractor; (2) a structural engineer or a civil engineering specializing in structural work; (3) a civil engineer; (4) an architect; (5) an electrical engineer or electrical contractor; (6) and (7) a mechanical engineer or mechanical contractor or plumbing contractor. The Fire Chief or designee shall be an ex officio member, and shall act as Secretary of the Board.
(D) Members of the Board of Building Regulations Appeals shall be appointed by the City Council. A member of the Board shall serve at the pleasure of the City Council and may be removed by the affirmative vote of four members of the City Council. The initial term of a person appointed to the board shall be two years. If a member of the Board is reappointed to a second term or additional consecutive terms, each such term shall be four years.
(E) The board shall adopt rules of procedure for conducting of its business."
18-44.109.3 California Fire Code Appendix Chapter 1 section 109.3 is amended to read as follows:
Section 18-44.109.3 Abatement of violation and penalties. "Any person operating or maintaining any occupancy, premises, or vehicle subject to this code or any person who shall permit any violation of this code, fire and life safety provisions of the California Building Code, any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the Chief or the Chief's duly authorized representative, shall be subject to the penalty provisions of Chapter 1-28, Section 010, of the Santa Rosa City Code or state law. Each day that a violation continues after due notice has been served shall be deemed a separate offense".
18-44.109.4 California Fire Code Appendix Chapter 1 Section 109.4 is added to read as follows:
Section 18-44.109.4 Authority to issue citations. "The Chief and members of the Fire Prevention Bureau who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions thereof, arrest a person without a warrant whenever the Chief or member of the Fire Prevention Bureau has reasonable cause to believe that the person to be arrested has committed a violation in the presence of the Chief or member of the Fire Prevention Bureau which he or she has discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to the provisions of Section 853.5 et seq. of the California Penal Code."
18-44.111.4 California Fire Code Appendix Chapter 1 Section 111.4 is amended to read as follows:
Section 18-44.111.4 Failure to comply. "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be shall be subject to the penalty provisions of Chapter 1-28, Section 010, of the Santa Rosa City Code or state law."
18-44.501.1 California Fire Code Section 501.1 is amended to read as follows:
Section 18-44.501.1 Scope. "Fire service features for buildings, structures and premises shall comply with this chapter. This section applies to residential and commercial developments. Single family residential projects in approved rural areas shall comply with the Fire Safe Standards. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and methods."
18-44.502.1 California Fire Code Section 502.1 "Definitions" is amended to read as follows:
Section 18-44.502.1 Fire Apparatus Access Roads. "A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. Public streets maybe defined by the standards of the local agency having jurisdiction over the project."
18-44.502.1 California Fire Code Section 502.1 "Definitions" is amended to add the definition of "Floor Area."
Section 18-44.502.1 Floor Area. "The floor area used for calculating the required fire flow shall be the total floor area of all floor levels within the exterior walls that are under the horizontal projection of the roof, except as modified in Section B104."
18-44.503.2.6 California Fire Code Section 503.2.6 is amended to read as follows:
Section 18-44.503.2.6 Bridges and elevated surfaces. "Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO Standard Specifications. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official."
18-44.505.1 California Fire Code Section 505.1 is amended to read as follows:
Section 18-44.505.1 Address numbers. "New and existing buildings and tenant spaces shall have approved illuminated address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
Exception: Rural residential as approved by the fire code official"
18-44.508.5 California Fire Code Section 508.5 is amended to read as follows:
Section 508.5 Fire hydrant systems. "Fire hydrant systems shall comply with Sections 508.5.1 through 508.5.6 and Appendix C as amended."
18-44.508.5.1 California Fire Code Section 508.5.1 is amended to read as follows:
Section 508.5.1 Where required. "Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet (45.179 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official."
18-44.508.5.1 California Fire Codes Section 508.5.1 "exceptions" are deleted.
18-44.511 California Fire Code Section 511 is added to read as follows:
Section 18-44.511 In Building Public Safety Radio System. "The purpose of this system is to insure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the City to and from emergency communications centers."
18-44.511.1 California Fire Code Section 511.1 is added to read as follows:
Section 18-44.511.1 Performance Criteria. "The Fire and Police Chief shall develop performance standards for "In Building Public Safety Radio Systems" in new buildings exceeding 25,000 square feet in area or four or more stories in height and tenant improvements exceeding 50% of the square footage of the first floor and publish these standards.
Exception. Single-family residential occupancies"
18-44.903.2 California Fire Code Section 903.2, paragraph number one, is amended to read as follows:
Section 18-44.903.2 Where Required. "Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in this location. Additional local requirements are described in Section 903.2.18 and may supersede the following requirements. The most restrictive requirement shall apply."
18-44.903.2.18 California Fire Code Section 903.2.18 is added to read as follows:
Section 18-44.903.2.18 " local fire sprinkler system requirements."
18-44.903.2.18.1 California Fire Code Section 903.2.18.1 is added to read as follows:
Section 18-16.903.2.18.1. "An approved automatic sprinkler system shall be installed and maintained in all newly constructed buildings.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less. Agricultural buildings and private riding arenas as approved by the Fire or Building Official.
2. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
3. A room above a detached garage used for storage only that does not contain a bathroom, cooking or refrigeration facilities or connections for such facilities.
4. Detached non-combustible motor vehicle fuel dispensing canopies classified as Group M occupancy.
5. Carports of non-combustible construction
6. B or M occupancies 500 sq. ft or less."
18-44.903.2.18.2 California Fire Code Section 903.2.18.2 is added to read as follows:
Section 18-44.903.2.3.18.2 Additions. "Additions to existing buildings that increase square feet (based on the following percentages) calculated by the existing gross floor area shall meet the automatic fire sprinkler requirements for a newly constructed building:
Square Feet Increase
0-1000 sq ft: 200% or 2000 sq ft. maximum cumulative total
1001-4000 sq ft: 100%
>=4001 sq ft: 50%
18-44.903.2.18.3 California Fire Code Section 903.2.18.3 is added to read as follows:
Section 18-44.903.2.18.3 Alteration or Repairs. "For alterations or repairs to existing building(s) involving demolition, removal, or repair of more than 50% of the structure, the building shall meet the automatic fire sprinkler requirements for a newly constructed building.
Exception: Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act."
18-44.903.2.18.4 California Fire Code Section 903.2.18.4 is added to read as follows:
Section 18-44.903.2.18.4 Changes of Occupancy. "For any change of occupancy, where the proposed new occupancy classification is deemed to be more hazardous than the existing classification as determined by the Fire Code or Building Official, and for conversions from residential or apartment buildings to condominiums, the building shall meet the automatic fire sprinkler requirements for a newly constructed building."
18-44.903.4 California Fire Code Section 903.4 is amended to delete "Exceptions" and read as follows:
Section 18.44.903.4 Sprinkler system monitoring and alarms. "Except for Group R, Division 3 Occupancies, all valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels, temperatures, critical air pressures and water flow switches shall be electrically supervised. Valves when used for standpipes are excluded from this provision unless required by the Fire Code Official."
18-44.903.4.1 California Fire Code Section 903.4.1 is amended, deleting Exceptions 1 and 2, to read as follows:
Section 18.44.903.4.1 Signals. "Alarm, supervisory and trouble signals shall be distinctly different and automatically transmitted to an approved central station, remote supervising station or propriety supervising station as defined in NFPA 72 or when approved by the Fire Code Official, shall sound an audible alarm at a constantly attended location."
18-44.903.4.2 California Fire Code Section 903.4.2 is amended to read as follows:
Section 18-44.903.4.2 Alarms. "Every new fire alarm system installed as a sprinkler system monitoring alarm shall also function for the purpose of evacuation including those systems activated solely by fire sprinkler systems designed so that all occupants of the building shall be notified audibly and visually within each suite or building division."
18-44.905.3.1 California Fire Code Section 905.3.1, paragraph one, is amended to read as follows:
Section 18-44.905.3.1 Building height. "Class I standpipes shall be installed in buildings three stories or over 30 ft. in height with approved outlets provided on each floor level, including the roof when roof access is provided."
18-44.905.9 California Fire Code Section 905.9 Exception 2 is deleted.
18-44.907.2.8.1 California Fire Code Section 907.2.8.1 Exception 2 is amended to read as follows:
Section 18-44. 907.2.8.1 Exception 2.
"2. Manual fire alarm boxes are not required throughout the building when the following conditions are met:
2.1. The building is equipped throughout with an automatic fire sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and
2.2. Within each sleeping unit the notification devices will activate upon sprinkler water flow and
2.3. At least one manual fire alarm box is installed in an approved location."
18-44.907.2.9 California Fire Code Section 907.2.9 Exception 2 is amended to read as follows:
Section 18-44.907.2.9 Exception 2.
"2. Manual fire alarm boxes are not required throughout the building when the following conditions are met:
2.1. The building is equipped throughout with an automatic fire sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and
2.2. Within each sleeping unit the notification devices will activate upon sprinkler water flow and
2.3. At least one manual fire alarm box is installed in an approved location."
18-44.907.20.6 California Fire Code Section 907.20.6 is added to read as follows:
Section 907.20.6 False Fire Alarms. "Owners of properties with a fire alarm system shall maintain the system in accordance with section 907.20.5. When more than one false fire alarm activates within a Calendar year, a fee shall be assessed per the current adopted fee schedule."
18-44.910.1 California Fire Code Section 910.1 exception 2. is deleted.
18-44.910.1 California Fire Code Section 910.3.2.1 is deleted.
18-44.1414.3 California Fire Code Section 1414.3 is added to read as follows:
Section 18-44.1414.3 Large Building Sprinkler Protection. "Buildings in excess of three stories in height or having a first story in excess of 100,000 square feet in area shall provide an approved operating fire sprinkler system on each floor during construction prior to continuing construction on upper stories."
18-44.2306.2 California Fire Code Section 2306.2, Table 2306.2 "footnote j" is deleted."
18-44.2306.8.1 California Fire Code Section 2306.8.1 is added to read as follows:
Section 18-44.2306.8.1 Small Hose Stations. "Small hose valves and stations shall be required when a High Piled Storage Area exceeds 2500 square feet in area. An approved 1 ½-inch hose valve shall be provided at approved locations. Hose, nozzles, hose racks and covers shall be provided. "
18-44.3008 California Fire Code Section 3008 is added to read as follows:
Section 18-44.3008 Materials which are or may become toxic gases. "The Fire Code Official shall publish standards providing requirements for facilities that use, handle or store materials that are or may become toxic gases."
18-44.3308.2 California Fire Code Section 3008.2 is added to read as follows:
Section 18-44.3308.2 Fireworks Definitions. "The following words and phrases, as used in this chapter, are defined as follows:
"Dangerous fireworks" shall mean dangerous fireworks as defined in Health and Safety Code sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference.
"Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, state, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
"Public display of fireworks" shall mean an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to, those defined below.
"Pyrotechnical displays" are public firework displays or displays used in conjunction with special effects, for motion pictures, theatrical and group entertainment productions operated by a professional California State licensed pyrotechnician. All such displays must secure a fire department permit and meet all applicable requirements of California Health and Safety Code.
"State-approved fireworks" shall mean state-approved fireworks defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference."
18-44.3308.3 California Fire Code Section 3008.3 is added to read as follows:
Section 18-44.3308.3 Sale, use or discharge of fireworks prohibited – exception.
"1. Except for public displays of fireworks authorized pursuant to this section, it is unlawful for any person to possess, store, offer or expose for sale, sell at retail, give away or in any manner dispose of any fireworks, or to use, explode, or otherwise discharge any fireworks.
2. Any person or group desiring to perform a public display of fireworks shall first make written application for a permit to the Fire Chief. Application for a permit shall be made in writing at least twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the Fire Chief pursuant to Title 19 of the California Code of Regulations. Any permit for a public display of fireworks may be suspended or revoked at any time by the Fire Chief."
18-44.4707 California Fire Code Section 4707 is added to read as follows:
Section 18-44.4707 Defensible Space. "Buildings located within a designated fire Hazard Severity Zone shall comply with the defensible space requirements of California Public Resources Code Section 4291."
18-44.B101.1 California Fire Code Appendix B Section B101.1 is amended to read as follows:
Section 18-44.B101.1 Scope. "The procedure for determining fire-flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to structures other than buildings. This section applies to residential and commercial developments. Single family residential projects in approved rural areas shall comply with the Fire Safe Standards. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and methods."
18-44.B102.1 California Fire Code Appendix B Section B102.1 is amended to read as follows:
Section 18-44.B102 Definitions.
"FlRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, measured in the water main in the vicinity of the flowing hydrant, that is available for fire fighting.
FIRE-FLOW CALCULATION AREA. The floor area, in square feet, used to determine the required fire flow.
FLOOR AREA. The floor area used for calculating the required fire flow shall be the total floor area of all floor levels within the exterior walls that are under the horizontal projection of the roof, except as modified in Section B104.3."
18-44.B105.1 California Fire Code Appendix B Section B105.1 is amended to read as follows:
Section 18-44.B105.1 One- and two-family dwellings. "The minimum fire-flow requirements for one- and two-family dwellings having a fire-flow calculation area which does not exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute. Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of 3,600 square feet (344.5 m2) shall not be less than that specified in Table B 105.1."
18-44.B105.1 California Fire Code Appendix B Table B105.1 "Footnote A" is deleted.
18-44.B105.2 California Fire Code Appendix B Section B105.2 is amended to read as follows:
Section 18-44.Bl05.2 Buildings other than one- and two-family dwellings. "The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.1.
Exception: A reduction in required fire-flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute or the prescribed duration as specified in Table B105.1."
18-44.C101.1 California Fire Code Appendix C Section C101.1 is amended to read as follows:
Section 18-44.C101.1 Scope. "Fire hydrants shall be provided in accordance with this appendix for the protection of buildings, or portions of buildings, hereafter constructed. This section applies to residential and commercial developments. Single family residential projects in approved rural areas shall comply with the Fire Safe Standards. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and methods."
18-44.C102.1 California Fire Code Appendix C Section C102.1 is amended to read as follows:
Section 18-44.ClO2.l Fire hydrant locations. "Where fire hydrants are required, they shall be provided along required fire apparatus access roads and adjacent public streets."
18-44.C105.1 California Fire Code Appendix C Section C105.1 is amended to read as follows:
Section 18-44.ClO5.l Hydrant spacing. "The average spacing between fire hydrants shall not exceed that listed in Table C105.1.
Exception: The fire chief is authorized to allow deviations from this code where existing fire hydrants provide all or a portion of the required fire hydrant service."
18-44.C105.1 California Fire Code Appendix C Table C105.1 is amended to add "footnote f and g" to read as follows:
Section 18-44.C105.1 Table C105.1 Footnote f. "For commercial, industrial, multifamily residential and designated Fire Severity Zones, average spacing shall be no greater then 300 feet."
Section 18-44.C105.1 Table C105.1 Footnote g. "A fire hydrant shall be located within 50 feet of the FDC, or as approved by the fire code official."
18-44.D101.1 California Fire Code Appendix D Section D101.1 is amended to read as follows:
D101.1 Scope. "Fire apparatus access roads shall be in accordance with this appendix, as amended, and all other applicable requirements of the International Fire Code. This section applies to residential and commercial developments. Single family residential projects in approved rural areas shall comply with the Fire Safe Standards. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and methods."
18-44.D102.1 California Fire Code Appendix D Section D102.1 is amended to read as follows:
DlO2.l Access and loading. "Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as approved by the fire code official."
18-44.D103.1 California Fire Code Appendix D Section D103.1 is deleted.
18-44.D103.2 California Fire Code Appendix D Section D103.2 is amended to read as follows:
Section 18-44.DlO3.2 Grade. "The grade of fire apparatus access roads shall be in accordance with the local agency requirement for public streets or as approved by the fire code official."
18-44.D103.3 California Fire Code Appendix D Section D103.3 is amended to read as follows:
Section 18-44.D103.3 Turning radius. "The minimum turning radius shall be determined by local agency requirements or as approved by the fire code official."
18-44.D103.4 California Fire Code Appendix D Section D103.4 is amended to read as follows:
Section 18-44.D103.4 Dead ends. "Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with the local agency requirements for public streets or as approved by the fire code official."
18-44.D103.4 California Fire Code Appendix D Table D103.4 is deleted.
18-44.D103.6 California Fire Code Appendix D Section D103.6 is amended to read as follows:
Section 18-44.Dl03.6 Signs. "Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs that comply with the California Vehicle Code."
18-44.D103.6.1 California Fire Code Appendix D Section D103.6.1 is deleted.
18-44.D103.6.2 California Fire Code Appendix D Section D103.6.2 is deleted.
18-44.D104.1 California Fire Code Appendix D Section D104.1 is amended to read as follows:
Section 18-44.D104.1 Buildings exceeding three stories or 30 feet in height. "Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least two means of fire apparatus access for each structure."
18-44.D104.2 California Fire Code Appendix D Section D104.2 is amended to delete the Exception and read as follows:
Section 18-44.D104.2 Buildings exceeding 62,000 square feet in area. "Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads."
18-44.D106.1 California Fire Code Appendix D Section D106.1 is amended to delete the Exception and read as follows:
Section 18-44.D106.1 Multi-family dwelling residential developments. "Projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads."
18-44.D106.2 California Fire Code Appendix D Section D106.2 is deleted.
18-44.D107.1 California Fire Code Appendix D Section D107.1 is amended to delete Exceptions 1 and 2 and read as follows:
Section 18-44.D107.1 One- or two-family dwelling residential developments. "Projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of section D104.3."
Section 3. Findings of Fact. The Council finds that the standards for buildings within the City of Santa Rosa should comply with the 2007 CALIFORNIA FIRE CODE, with adopted amendments. Based on materials presented by the Fire Chief of the City of Santa Rosa, and the recommendations of the Board of Building Regulations Appeals, the Council finds that it is necessary to make procedural and administrative modifications and changes to the model codes as amended and adopted by the State of California and specifically adopted and amended in this Ordinance. Such standards are needed for efficient, economical, and expeditious enforcement of the Fire Code of the City of Santa Rosa. The Council further finds and determines, based on the materials and reports presented, that the substantive amendments to the model codes, which are identified by and adopted in this Ordinance, are hereby determined to be reasonable and necessary because of local conditions and do not lessen, diminish or change the standards set forth within the model codes except as authorized by law. If any non-administrative or non-procedural model code provision or applicable State of California amendment is in conflict with this ordinance, it is the intent of this ordinance to amend or delete such provision when findings of local conditions are stated as required by sections 17958.5 and 17958.7 of the Health and Safety Code.
Said local conditions are:
A. Earthquake hazards associated with the Healdsburg-Rodgers Creek Fault and other localized earthquake faults in close proximity of a densely populated urban area.
B. History of heavy winter rains and poorly drained soils including expansive adobe soils in many locations.
C. High groundwater tables and unconsolidated alluvial soils.
D. Heavy accumulations of flammable plant material covering many areas, periodic high winds and an extended dry season.
E. The propensity of local streams to flood due to periods of intense rainfall.
F. Santa Rosa is an inland city that discharges treated reclaimed water in three ways: to urban and agricultural irrigation, to the Russian River during certain period of the year at a rate based on the flow of the river, and pumped to the Geysers hydrothermal field.
Section 4. Environmental Review. The Council determines that this ordinance establishes procedures for issuing permits and is not a project, and, therefore, is not subject to the California Environmental Quality Act. The Council further finds that the adoption of this ordinance is exempt from CEQA under the provisions of State CEQA guidelines, section 15061 (b) (3), in that there is no possibility that the provisions enacted by this ordinance will effect a substantial adverse change in the environment.
Section 5. Duty. Notwithstanding any provision contained in Title 18 of the Santa Rosa City Code, whenever the words "shall," "will," "must," "is charged with the enforcement of," or words of similar import are used in said chapters to establish a responsibility of the City of Santa Rosa, or of the members of any board, commission, department, officers of the City, including, but not limited to the Council and City Planning Commission thereof, or of any officer, official, or employee of the City of Santa Rosa, it is the legislative intent that such words shall establish a discretionary authority or power requiring the exercise of judgment and discretion, as distinguished from a mandatory duty. No mandatory duty is imposed upon any member of the Council, or upon any board or commission of the City of Santa Rosa, or upon any department, officer, official, or employee of the City of Santa Rosa by the provisions of said chapters, and said chapters shall not be construed so as to hold the City of Santa Rosa or any member of the Council or of any board, commission, or department of the City, or any officer, official or employee of the City of Santa Rosa responsible or liable for any damage to persons or property by reason of any action taken or by reason of any approval given or not given, under the provisions of said chapters or in connection with any such members, officers, or employees duties set forth in said chapters.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this ordinance. The Council declares that it would have passed this ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional.
Section 7. Effective Date. This ordinance shall take effect upon passage by the Council and publication pursuant to Section 8 of the Santa Rosa City Charter. The existing non-administrative or non-procedural provisions of this Title shall remain in effect as applicable to specific permit applications as of the date of submittal for plan review when such date of submittal is prior to the effective date of this ordinance. For purposes of this section, the date of submittal for master planned projects shall be the date of submittal for plot plan review.
IN COUNCIL DULY PASSED this 6th day of November, 2007.
AYES (7) Mayor Blanchard; Councilmembers Pierce, Bender, Dean, Gorin, Jacobi, Sawyer
NOES: (0)
ABSENT: (0)
ABSTAIN: (0)
ATTEST: Susan Stoneman, City Clerk APPROVED: Bob Blanchard, Mayor
APPROVED AS TO FORM:
Brien Farrell, City Attorney