HomeMy WebLinkAbout16-15 CC Ordinance (Urgency) ORDINANCE NO. 16-15
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA ADOPTING BY REFERENCE
THE 2016 EDITION OF THE CALIFORNIA FIRE CODE
BASED ON THE 2015 INTERNATIONAL FIRE CODE, IN
ITS ENTIRETY, REGULATING AND GOVERNING THE
SAFEGUARD OF LIFE AND PROPERTY FROM FIRE AND
EXPLOSION HAZARDS ARISING FROM THE STORAGE,
HANDLING AND USE OF HAZARDOUS SUBSTANCES,
MATERIALS AND DEVICES, AND FROM CONDITIONS
HAZARDOUS TO LIFE OR PROPERTY IN THE
OCCUPANCY OF BUILDINGS AND PREMISES IN THE
CITY OF TEMECULA, INCLUDING CERTAIN
AMENDMENTS, ADDITIONS, AND DELETIONS, AND
PROVIDING FOR THE ISSUANCE OF PERMITS AND THE
COLLECTION OF FEES, AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
1 Section 1. Chapter 15.16 of the Temecula Municipal Code, including all
provisions of all codes adopted by reference therein, is hereby repealed provided,
however, that such repeal shall not affect or excuse any violation occurring prior to the
effective date of this Ordinance. A new Chapter 15.16 is hereby added to Title 15 of the
Temecula Municipal Code to read as follows:
"Chapter 15.16 FIRE CODE
15.16.010 Code adopted.
The City of Temecula hereby adopts by reference the California Fire Code, 2016
Edition, as set forth in Part 9 of Title 24 of the California Code of Regulations,
except as stated in this Section or as amended below in Section 15.16.020 of this
Ordinance, all of the provisions and appendices of the 2016 California Fire Code,
inclusive of all of the inclusions and exclusions set forth in each chapter's matrix,
are hereby adopted and shall apply to the City of Temecula. In addition, the
following provisions that are excluded in the 2016 California Fire Code are
hereby adopted: Chapter 1, Division II of the California Fire Code is hereby
adopted, except that Section 103.2 and 108.3 and 109.4 are not adopted, and
Chapters 3, 25, and Sections 403.12, 503, 510.2, and 1103.2 are adopted.
15.16.020 Amendments.
The following amendments, additions, and deletions are made to the California
Fire Code, 2016 Edition, as adopted by this Chapter:
Ords 16-15 1
' A. CHAPTER 1 SCOPE AND ADMINISTRATION
Section 101.4 is amended to read as follows:
101.4 Severability. If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions of this ordinance which
can be given effect without the invalid provision or application, and to this end,
the provisions of this ordinance are hereby declared to be severable.
Section 102.5 is amended to read as follows:
102.5 Application of Residential Code. Where structures are designed and
constructed in accordance with the California Residential Code, the provisions of
this code shall apply as follows:
1. Construction and design provisions of this code pertaining to the
exterior of the structure shall apply including, but not limited to,
premises identification, fire apparatus access and water supplies.
Where interior or exterior systems or devices are installed, construction
permits required by Section 105.7 of this code shall apply.
' 2. Administrative, operational and maintenance provisions of this code
shall apply.
3. Automatic fire sprinkler system requirements of this code shall apply to
detached accessory buildings 3,600 square feet or greater in
accordance with Section 903.2. The provisions contained in Section
903.2.18 of the California Fire Code or Section R309.6 of the California
Residential Code may be used for the design of the automatic fire
sprinkler system for detached private garages.
Section 103.4 is amended to read as follows:
103.4 Liability. Any liability against Riverside County or any officer or employee
for damages resulting from the discharge of their duties shall be as provided by
law.
Section 104.1.1 is added to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.
1 . The Fire Chief is authorized and directed to enforce all applicable State
fire laws and provisions of this ordinance and to perform such duties as
' directed by the City Council.
Ords 16-15 2
2. The Fire Chief is authorized to administer, interpret and enforce this
ordinance. Under the Fire Chiefs direction, the Riverside County Fire
Department is authorized to enforce ordinances of the City of
Temecula pertaining to the following:
2.1. The prevention of fires.
2.2. The suppression or extinguishment of dangerous or hazardous
fires.
2.3. The storage, use and handling of hazardous materials.
2.4. The installation and maintenance of automatic, manual and
other private fire alarm systems and fire extinguishing
equipment.
2.5. The maintenance and regulation of fire escapes.
2.6. The maintenance of fire protection and the elimination of fire
hazards on land, in buildings, structures and other property,
including those under construction.
2.7. The maintenance of means of egress.
' 2.8. The investigation of the cause, origin and circumstances of fire
and unauthorized releases of hazardous materials.
3. The following persons are hereby authorized to interpret and enforce
the provisions of this ordinance and to make arrests and issue citations
as authorized by law:
3.1. The Unit Chief, Peace Officers and Public Officers of the
California Department of Forestry and Fire Protection.
3.2. The Fire Chief, Peace Officers and Public Officers of the
Riverside County Fire Department.
3.3. The Riverside County Sheriff and any deputy sheriff.
3.4. The Police Chief and any police officer of any city served by
the Riverside County Fire Department.
3.5. Officers of the California Highway Patrol.
3.6. Code Officers of the City of Temecula Code Enforcement
' Department.
3.7. Peace Officers of the California Department of Parks and
Recreation.
Ords 16-15 3
3.8. The law enforcement officer of the Federal Bureau of Land
' Management.
Section 104.12 is added to read as follows:
104.12 Authority of the Fire Chief to close hazardous fire areas. Except
upon National Forest Land, the Fire Chief is authorized to determine and
announce the closure of any hazardous fire area or portion thereof. Any closure
by the Fire Chief for a period of more than fifteen (15) calendar days must be
approved by the City Council within fifteen (15) calendar days of the Fire Chiefs
original order of closure. Upon such closure, no person shall go in or be upon
any hazardous fire area, except upon the public roadways and inhabited areas.
During such closure, the Fire Chief shall erect and maintain at all entrances to
the closed area sufficient signs giving notice of closure. This section shall not
prohibit residents or owners of private property within any closed area, or their
invitees, from going in or being upon their lands. This section shall not apply to
any entry, in the course of duty, by a peace officer, duly authorized public officer
or fire department personnel. For the purpose of this section, "hazardous fire
area" shall mean public or private land that is covered with grass, grain, brush or
forest and situated in a location that makes suppression difficult, resulting in
great damage. Such areas are designated on Hazardous Fire Area maps filed
with the office of the Fire Chief.
' Section 108.1 is deleted and replaced as follows:
108.1 Board of appeals established. The Board of Appeals shall be the City
Manager. If he or she determines an outside board is needed, he or she shall
designate an outside hearing officer to hear the appeal. The Fire Chief shall be
notified of any appeal and the Fire Chief or designee shall be in attendance at
the appeal hearing. Depending on the subject of the appeal, specialized
expertise may be solicited, at the expense of the applicant, for the purpose of
providing input to the Appeals Board.
Section 113.2 of the California Fire Code is deleted in its entirety and
replaced with the following:
113.2 Schedule of permit fees. Fees for services and permits shall be as set
forth in the City of Temecula fee schedule.
Section 113.6 is added to read as follows:
113.6 Cost recovery. Fire suppression, investigation, rescue or emergency
medical costs are recoverable in accordance with Health and Safety Code
Sections 13009 and 13009.1, as may be amended from time to time.
' Additionally, any person who negligently, intentionally or in violation of law
causes an emergency response, including, but not limited to, a traffic accident,
spill of toxic or flammable fluids or chemicals is liable for the costs of securing
Ords 16-15 4
' such emergency, including those costs pursuant to Government Code Section
53150 et seq., as may be amended from time to time. Any expense incurred by
the Riverside County Fire Department for securing such emergency shall
constitute a debt of such person and shall be collectable by Riverside County in
the same manner as in the case of an obligation under contract, express or
implied.
B. CHAPTER 2 DEFINITIONS
SECTION 202 — GENERAL DEFINITIONS is amended as follows:
Definitions to be added:
FIRE CHIEF OR CHIEF. The Fire Chief of Riverside County or the Fire Chiefs
designee
C. CHAPTER 5 FIRE SERVICE FEATURES
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 24-feet, for single family dwellings, multifamily, commercial,
and industrial development, with an unobstructed vertical clearance of not less
' than 13-feet 6-inches.
Exception: New custom home lot driveway access shall be a minimum of
20-feet in width.
Section 503.2.2 deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to
designate fire apparatus access roads and fire lanes and to modify the minimum
fire lane access widths for fire or rescue operations.
Section 503.2.5 is amended to read as follows:
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150-feet
in length shall be provided with an approved area for turning around fire
apparatus. The maximum length of a dead end road or cul-de-sac shall not
exceed 1320 feet, if exceeded then a second access point is required for fire
access.
Section 503.6.1 is added to read as follows:
503.6.1 Automatic opener. New motorized gates shall be provided with means
' to be automatically opened remotely by emergency vehicle in accordance with
Riverside County Fire Department Standards and Policies, as may be amended
from time to time.
Ords 16-15 5
Exception: Gates serving individual one- and two-family dwelling parcels.
Section 503.7 is added to read as follows:
503.7 Loading areas and passenger drop-off areas. On private properties,
where fire apparatus access roads are utilized for loading or unloading or utilized
for passenger drop-off or pick-up, an additional eight (8) feet of width shall be
added to the minimum required width for the fire apparatus access road.
Section 505.1 is amended to read as follows:
505.1 Address identification. New and existing buildings shall have approved
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. Where required by
the fire code official, address numbers shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a
private road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure. Commercial,
multi-family residential and industrial buildings shall have a minimum of twelve
(12) inch numbers with suite numbers being a minimum of six (6) inches in size.
All suites shall have a minimum of six (6) inch high letters and/or numbers on
both the front and rear doors. Single family residences and multi-family
' residential units shall have four (4) inch letters and/or numbers, as approved by
the Fire Prevention Bureau. Address numbers shall be maintained.
EXCEPTION: Building address numbers within the Tourist Retail Core
(TRC) of the Old Town Specific Plan, are permitted to be a minimum of
eight (8) inches in size.
Sections 507.5.7 is added to read as follows:
507.5.7 Fire hydrant size and outlets. As determined by the fire code official,
fire hydrant sizes and outlets shall be based on the following:
1. Super Hydrant Standard — one (1) four (4) inch outlet and two (2) two
and one half(2 '/2) inch outlet.
2. Super Hydrant Enhanced — two (2) four (4) inch outlet and one (1) two
and one half(2 '/2) inch outlet.
Section 507.5.8 is added to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be identified by
the installation of reflective markers (blue dots). Any hydrant marker damaged or
' removed during the course of street construction or repair shall be immediately
replaced by the contractor, developer or person responsible for removal or
damage.
Ords 16-15 6
Section 508.1 is amended to read as follows:
' 508.1 General. Where required by other sections of this code and in all buildings
classified as high-rise buildings by the California Building Code, in buildings
greater than 300,000 square feet in area and in Group 1-2 occupancies having
occupied floors located more than 75 feet above the lowest level of fire
department vehicle access, a fire command center for fire department operations
shall be provided and comply with Sections 508.1.1 through 508.1.8.
Section 508.1.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
508.1.1 Location and access. The fire command center shall be located
adjacent to the main lobby and shall be accessible from fire department vehicular
access or as approved by the fire code official. The room shall have direct
access from the building exterior at the lowest level of fire department access.
Section 508.1.3 is amended by adding the following:
Exception: A fire command center solely required because a building is
greater than 300,000 square feet in area shall be a minimum of 96 square
feet (9 m2) with a minimum dimension of 8 feet (2438mm).
' Section 508.1.6 is amended by adding the following:
Exception: A fire command center solely required because a building is
greater than 300,000 square feet in area shall comply with NFPA 72 and
contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12,
13 and 14. The features set forth in Section 508.1.6 subsections 1 , 2, 3, 4,
6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building
contains systems or functions related to these features.
Section 508.1.8 is added to read as follows:
508.1.8 Fire command center identification. The fire command center shall be
identified by a permanent easily visible sign stating "Fire Dept. Command
Center," located on the door to the fire command center.
Section 509.3 is added to read as follows:
509.3 Fire sprinkler system riser room. Fire sprinkler risers shall not be
obstructed in any manner. The fire system riser(s) is to be provided with eighteen
(18) inch clearance to each side and to the front of the system riser. Access shall
be provided by means of an exterior door with the minimum dimensions two (2)
' feet six (6) inches wide by six (6) feet eight (8) inches tall. The fire system riser
room shall house the fire sprinkler riser(s) and main fire alarm control panel and
not share with any other equipment (i.e. mechanical, electrical, etc.).
Ords 16-15 7
D. CHAPTER 6 BUILDING SERVICES AND SYSTEMS
' Section 606.10.1.2 is amended to read as follows:
Section 606.10.1.2 Manual operation. When required by the fire code official,
automatic crossover valves shall be capable of manual operation. The manual
valve shall be located in an approved location immediately outside of the
machinery room in a secure metal box or equivalent and marked as Emergency
Controls.
E. CHAPTER 9 FIRE PROTECTION SYSTEMS
Section 901.2.2 is added to read as follows:
901.2.2 As-built/Revised documents. Three (3) sets of as-built/revised
drawings shall be submitted to the fire department for approval prior to final of
any permits. Redlines are not considered as-builts/revised plans.
Section 903.2 of the California Fire Code is deleted in its entirety and
replaced with the following:
903.2 Where required. In all new buildings and structures which are 3,600
square feet or greater, an approved automatic sprinkler system shall be provided
' regardless of occupancy classification. Where the Sections 903.2.1 — 903.2.19 of
the California Fire Code require more restrictive requirements than those listed
below, the more restrictive requirement shall take precedence. In addition the
following is required for existing buildings/structures:
A. 1. All new tenants and new occupancies hereafter constructed, which
exceeds 3,600 square feet shall have an approved automatic fire sprinkler
system installed throughout therein.
2. All existing occupancies to which additions are made, where either the
addition itself or the building and the addition in total exceeds 3,600
square feet, shall have an approved automatic fire sprinkler system
installed throughout therein.
3. Change of use or occupancy that exceeds 3,600 square feet shall have
an approved automatic fire sprinkler system installed throughout therein.
B. Exception: Unless required elsewhere in this code or the California Building
Code, automatic fire sprinkler systems shall not be required for the following:
1. Detached Group U occupancies used for agricultural or livestock
' purposes, less than 5,500 square feet, and having setback distances of 50
feet or more from the property line and other buildings.
Ords 16-15 8
2. Detached non-combustible equestrian arena shade canopies that
are open on all sides and used for riding only - no commercial, assembly
or storage uses.
3. Detached fabric or non-combustible shade structures that are open
on all sides and used to shade playground equipment, temporary storage
of vehicles and dining areas with no cooking.
4. Detached Group U occupancy greenhouses less than 5,500 square
feet.
5. Where determined by the Fire Chief that no major life safety hazard
exists, and the fuel load does not pose a significant threat to firefighter
safety or to other structures or property, automatic fire sprinklers may be
exempted.
C. One- and two-family dwellings shall have an automatic fire sprinkler system
regardless of square footage in accordance with the California Residential
Code. Fire sprinkler systems shall be installed in mobile homes,
manufactured homes and multifamily manufactured homes with two dwelling
units in accordance with Title 25 of the California Code of Regulations.
' The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3
b. Exception 2 in Section 903.2.11.3
Section 903.3.5.3 is added to read as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically
calculated fire sprinkler systems shall not exceed 90% of the water supply
capacity.
Section 904.2.2.1 is added to read as follows:
904.2.2.1 Extinguishing system monitoring requirements. All automatic fire-
extinguishing systems will be required to be monitored by the fire alarm/sprinkler
monitoring system. If a fire alarm/sprinkler monitoring system is not present, one
will be required to be installed to provide monitoring for the automatic fire-
extinguishing system.
Sections 907.1.6 and 907.1.7 are added to read as follows:
907.1.6 Fire alarm control panel (FACP). The main fire alarm control panel
' shall be located in the same room as, and sharing the same access as the fire
sprinkler riser. The FACP shall have a minimum 36 inches of face clearance and
6 inches side clearance from any other wall or equipment.
Ords 16-15 9
' 907.1.7 Notification device. New tenant spaces and new occupancy buildings
shall require alarm notification devices. For multi-tenant buildings, an alarm
notification device shall be placed in each tenant suite. For existing buildings with
new tenants an alarm notification device shall be required in each tenant space.
For existing buildings that are not equipped with a fire alarm system or sprinkler
monitoring system, new tenants or owners shall be required to install the
appropriate type of alarm system.
F. CHAPTER 32 HIGH PILED COMBUSTIBLE STORAGE
Section 3204.2.1 is added to read as follows:
3204.2.1 Minimum requirements for client leased or occupant owned
warehouses. Designs of an automatic sprinkler system for client leased or
occupant owned buildings containing high pile storage shall be based on the
requirements of NFPA 13. The responsible fire protection engineer shall perform
a survey of the building to determine commodity classification, storage
configuration, building height and other information related to the development of
an appropriate sprinkler system design. The fire protection engineer shall also
make reasonable efforts to meet with the building owner or operator to
understand seasonal or customer related fluctuations to the stored commodities,
storage height, and configuration. The sprinkler design shall be based on the
' most demanding requirements determined through the onsite survey and
discussions with the building owner or operator. The technical report shall
describe the basis for determining the commodity and sprinkler design selection,
how the commodities will be isolated or separated, and include referenced
design document(s), including NFPA 13 or the current applicable factory mutual
data sheets. If a specific fire test is used as the basis of design, a copy of the fire
test report shall be provided at the time of plan review.
G. CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN
INTERFACE FIRE AREAS.
Section 4904.3 is added to read as follows:
4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government
Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are
designated as shown on a map titled Very High Fire Hazard Severity Zones,
dated December 24, 2009 and retained on file at the office of the Fire Chief,
which supersedes other maps previously adopted by Riverside County
designating high fire hazard areas.
Ords 16-15 10
H. APPENDICES
' Appendix B
Table 8105.2 of the California Fire Code is amended to read as follows:
TABLE 8105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSES
AUTOMATIC MINIMUM FIRE-FLOW FLOW DURATION
SPRINKLER SYSTEM (gallons per minute) (hours)
(Design Standard
No automatic sprinkler Value in Table B105.1(2) Duration in Table
system B105.1(2)
Section 903.3.1.1 of 50% of the value in Table Duration in Table
the California Fire B105.1(2)a B105.1(2) at the
Code reduced flow rate
Section 903.3.1 .2 of 50% of the value in Table Duration in Table
the California Fire B105.1(2)b B105.1(2) at the
Code I I reduced flow rate
' For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute.
b. The reduced fire-flow shall be not less than 1,500 gallons per minute.
Appendix C
Section C103.1 of the California Fire Code is deleted in its entirety and
replaced with the following:
C103.1 Hydrant spacing. Fire apparatus access roads and public streets
providing required access to buildings in accordance with Section 503 of the
International Fire Code shall be provided with one or more fire hydrants, as
determined by Section C102.1. Where more than one fire hydrant is required, the
distance between required fire hydrants shall be in accordance with Sections
C103.2 and C103.3. Fire hydrants shall be provided at street intersections.
15.16.030 Penalties for violation.
It shall be unlawful for any person, firm, corporation or association of persons to
violate any provision of this Chapter, or to violate the provisions of any permit
granted pursuant to this Chapter. Any person, firm, corporation or association of
' persons violating any provision of this Chapter or the provisions of any permit
granted pursuant to this Chapter, shall be deemed guilty of a misdemeanor
unless specifically designated as an infraction. Such person or entity shall be
Ords 16-15 11
' deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this Chapter or the
provisions of any permit granted pursuant to this Chapter, is committed,
continued, or permitted.
Violations shall be punishable as provided in Chapters 1 .20, 1.21, and 1.24 of the
Temecula Municipal Code. Payment of any fine or penalty herein shall not
relieve a person or entity from the responsibility for correcting the violation.
15.16.040 Civil Remedies Available.
The violation of any of the provisions of this Chapter shall constitute a nuisance
and may be abated by the City through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner provided by
law for the abatement of such nuisances."
Section 2. Severability. If any provision of this Ordinance or the application
thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are
severable. This City Council hereby declares that it would have adopted this Ordinance
irrespective of the invalidity of any particular portion thereof and intends that the invalid
portions should be severed and the balance of the Ordinance be enforced.
' Section 3. Urgency. The City Council finds that it is necessary, for the
immediate preservation of the public health, safety and welfare, that this Ordinance take
effect immediately. In the absence of immediate effectiveness, the 2016 California Fire
Code ("CFC") will take effect on January 1, 2017, while the amendments to the CFC
adopted herein and providing greater protection to the public health, safety and welfare,
will not become effective until after said date, unless the CFC and amendments to
building standards therein, as set forth herein, are adopted by urgency ordinance. Such
a delay in adoption of more protective building standards, which are primarily designed
to protect the health, safety and welfare of persons within the City of Temecula, would
result in less stringent building standards being operative and would constitute an
immediate threat to the public health, safety and welfare until the new standards take
effect. Therefore, the City Council adopts this Ordinance as an urgency ordinance,
effective immediately and operative on January 1, 2017.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law.
Ords 16-15 12
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13th day of December, 2016.
i I-A
Michael S. Nigdar, Mayor
ATTEST:
Randi J Jerk
[SEAL]
Ords 16-15 13
STATE OF CALIFORNIA )
' COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 16-15 was duly adopted and passed as an urgency ordinance at a
meeting of the City Council on the 13`h day of December, 2016, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken,
Rahn, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
Rani , ity Clerk
1
Ords 16-15 14