O 679 ORDINANCE NO. 679
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL
CODE CHAPTER 8.04 RELATED TO THE ADOPTION OF THE
CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AND
AMENDING PORTIONS OF CHAPTER 15.04 RELATED TO THE
ADOPTION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE,
CALIFORNIA GREEN BUILDING CODE, CALIFORNIA EXISTING
BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA
HISTORICAL BUILDING CODE AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE
WHEREAS, the City of Arroyo Grande ("City") is a municipal corporation organized
under the laws of the State of California; and
WHEREAS, pursuant to California Health and Safety Code Section 17921, the State of
California ("State") must adopt and enforce regulations for the protection of the public
governing the construction, alteration, demolition, occupancy, or other use of buildings;
and
WHEREAS, pursuant to California Health and Safety Code Section 17958, cities
may adopt ordinances imposing the California Building Standards requirements as
established by the State; and
WHEREAS, the City desires to amend its municipal code to adopt more recent editions
of the California Building Standards codes established by the State; and
WHEREAS, pursuant to California Health and Safety Code Section 17958.7, a city
may modify the State code requirements if it makes express findings that such
modification is reasonably necessary because of local climatic, geological, or
topographical conditions; and
WHEREAS, it is the desire and intent of the City Council to provide citizens with the
greatest degree of protection from fire; and
WHEREAS, additionally, by this Ordinance, the City Council desires to make general
corrections to its municipal code in order to ensure internal consistency with other
modifications set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
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PAGE 2
SECTION 2. That each of the changes or modifications to measures referred to herein
are reasonably necessary because of local climatic, geographical, or topographical
conditions in the area encompassed by the boundaries of the City of Arroyo Grande and
the findings set forth in Exhibit "A", attached hereto and incorporated herein, are hereby
adopted and support the local necessity for the changes or modifications.
SECTION 3. Arroyo Grande Municipal Code ("AGMC") Section 8.04.010, entitled
"Adoption of the California Fire Code", is hereby amended as follows:
8.04.010 Adoption of California Fire Code.
There is hereby adopted for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous materials or
explosion, that certain code known as the 2016 California Fire Code, including
Appendix Chapters 4, A, B, BB, C, CC, D and H the 2015 International Fire Code,
and the 2015 International Property Maintenance Code as published by the
International Code Council, the whole thereof, save and except such portions as are
hereinafter deleted, modified or amended by the rest of this chapter, one copy of
which has been and is now filed in the office of building and life safety of the city of
Arroyo Grande and the same is hereby adopted and incorporated as fully as if set
out in full herein, and from the date on which this ordinance shall take effect, the
provision thereof shall be controlling within the limits of the city of Arroyo Grande.
SECTION 4. AGMC Section 8.04.016, entitled "Section 109.4 amended: Violation
penalties", is hereby amended as follows:
8.04.016 Section 109.4 amended: Violation penalties.
A. Section 109.4 of the 2016 California Fire Code is amended to read as follows:
Persons who shall violate the provisions of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair or do
work in violation of the approved construction documents or directive of the fire
chief or the building official, or of a permit or certificate used under provisions of
this code, shall be guilty of a misdemeanor, punishable by a fine of not more
than $1,000 [one thousand] dollars or by imprisonment not exceeding six
months, or both such fine and imprisonment. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
SECTION 5. AGMC Section 8.04.018, entitled "Section 111.4 amended: Failure to
comply", is hereby amended as follows:
8.04.018 Section 111.4 amended: Failure to comply.
A. Section 111.4 of the 2016 California Fire Code is amended in its entirety to read
as follows:
ORDINANCE NO. 679
PAGE 3
Any person who shall continue any work after having been served with a stop
work order, except such work as the person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less than triple the
amount charged for the original permit fee(s) or $1,000, provided, however, that
the maximum fine shall not exceed $1,000. Each day that a violation continues
shall be deemed a separate offense.
SECTION 6. AGMC Section 8.04.020, entitled "Section 903 amended — Approved
automatic sprinkler systems" is hereby amended as follows:
8.04.020 Section 903 amended -Approved automatic sprinkler systems.
A. Section 903.2 of the 2016 California Fire Code is amended in its entirety to read
as follows:
Approved automatic sprinkler systems shall be installed in the following
locations:
1. In all new buildings and structures that exceed 1,000 square feet, except
group R-3 and U occupancies.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results in
a total square footage in excess of 1,000 (one thousand) square feet;
b. Throughout existing structures where alterations encompass more than
50% of the existing square footage of the structure AND is in excess of
1,000 (one thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building
Official or Fire Chief;
c. These requirements will be applicable to the combined square footage
of all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet shall
be considered as a single building or structure.
SECTION 7. AGMC Section 8.04.022, entitled "Appendix D 2013 California Fire Code
section D107.1", is hereby amended as follows:
8.04.022 Appendix D 2016 California Fire Code Section D107.1.
Appendix D 2016 California Fire Code section D107.1 is hereby amended as
follows: delete exception 1.
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SECTION 8. AGMC Section 8.04.026, entitled "Definitions", is hereby amended to read
as follows:
A. Whenever the word "jurisdiction" is used in the California Fire Code or in this
chapter, it shall mean the city of Arroyo Grande.
B. Wherever the term "city council" is used in the California Fire Code or in this
chapter, it shall mean the city council of the city of Arroyo Grande.
SECTION 9. AGMC Section 8.04.028, entitled "Amendments – 2012 International
Property Maintenance Code", is hereby amended as follows:
8.04.028 Amendments - 2015 International Property Maintenance Code.
A. All references within the code to the International Code, as adopted by
Section 15.04.010(J), shall read: California Code.
B. The following section of the 2015 International Property Maintenance Code is
amended in its entirety to read as follows:
Section 112.4—Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as the
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine of not less than triple the amount charged for the original
permit fee(s) or $1,000 provided, however, that the maximum fine shall not
exceed $1,000. Each day that a violation continues shall be deemed a
separate offense.
SECTION 10. AGMC Section 8.04.030, entitled "Section 103 amended – Fees", is
hereby amended as follows:
8.04.030 Section 103 amended - Fees.
Section 103.5 of the 2015 International Property Maintenance Code, entitled
"Fees," is amended in its entirety to read as follows:
103.5 Fees. The fees for activities and services performed by this
department in carrying out its responsibilities under this code shall be set and
amended from time to time by resolution of the City Council.
SECTION 11. AGMC Section 8.04.032, entitled "Sky Lanterns", is hereby repealed in
its entirety.
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SECTION 12. AGMC Section 15.04.010, entitled "Building and construction codes
adopted", is hereby amended as follows:
15.04.010 Building and construction codes adopted.
A. California Building Code. The 2016 California Building Code, including the
2015 International Building Code and Appendix Chapters , B, G, I and J, as
amended, is adopted by the city of Arroyo Grande and incorporated herein
by this reference as though set forth in full.
B. California Residential Code. The 2016 California Residential Code, including
the 2015 International Residential Code and Appendix chapters H, J, K and
V as amended, is adopted by the city of Arroyo Grande and incorporated
herein by this reference as though set forth in full.
C. California Electrical Code. The 2016 California Electrical Code is adopted by
the city of Arroyo Grande and incorporated herein by this reference as
though set forth in full.
D. California Mechanical Code. The 2016 California Mechanical Code, including
all of the appendix chapters, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full.
E. California Plumbing Code. The 2016 California Plumbing Code, as amended,
including all of the appendix chapters, is adopted by the city of Arroyo
Grande and incorporated herein by this reference as though set forth in full.
F. California Energy Code. The 2016 California Energy Code, including all of
the appendix chapters, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full
G. California Historical Building Code. The 2016 California Historical Building
Code, including all appendix chapters, is adopted by the city of Arroyo
Grande and incorporated herein by reference as though set forth in full.
H. California Existing Building Code. The 2016 California Existing Building Code
is adopted by the city of Arroyo Grande and incorporated herein by this
reference as though set forth in full.
I. California Green Building Code. The 2016 California Green Building Code,
without appendices, is adopted by the city of Arroyo Grande and
incorporated herein by this reference as though set forth in full.
J. International Property Maintenance Code. The 2015 International Property
Maintenance Code, as amended, is adopted by the city of Arroyo Grande
and incorporated herein by this reference as though set forth in full.
SECTION 13. AGMC Section 15.04.020, entitled "Reinspections", is hereby added, as
follows:
15.04.020 - Reinspections
A. A reinspection fee may be assessed for each inspection or reinspection when
such portion of work for which inspection is called is not complete or when
corrections called for are not made.
This section is not to be interpreted as requiring reinspection fees the first
time a job is rejected for failure to comply with the requirements of this code,
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PAGE 6
but as controlling the practice of calling for inspections before the job is ready
for such inspection or reinspection.
Reinspection fees may be assessed when the inspection record card is not
posted or otherwise available on the work site, the approved plans are not
readily available to the inspector, for failure to provide access on the date for
which inspection is requested, or for deviating from plans requiring the
approval of the building official.
To obtain a reinspection, the applicant shall first pay the reinspection fee in
accordance with the established fee schedule as adopted by the city council.
In instances where reinspection fees have been assessed, no additional
inspections of the work will be performed until the required fees have been
paid.
SECTION 14. AGMC Section 15.04.022, entitled "Residential graywater clothes washer
systems", is hereby added as follows:
15.04.022 - Residential graywater clothes washer systems
All newly created dwelling units shall include a single-source clothes
washer graywater outlet and an outside stub-out to allow the later installation of a
graywater irrigation system that complies with the requirements of section
1502.1.1 of the 2016 California Plumbing Code.
The provisions of this section may be modified or waived when it can be
satisfactorily demonstrated to the Building Official that compliance with these
regulations is impractical due to construction or physical constraints, or due to
site and/or soil conditions.
SECTION 15. AGMC Section 15.04.024, entitled "Section 903.2 amended: Approved
automatic sprinkler systems", is hereby amended as follows:
15.04.024 Section 903.2 amended: Approved automatic sprinkler systems.
A. Section 903.2 of the 2016 California Building Code is amended in its entirety
to read as follows:
Approved automatic sprinklers systems shall be installed:
1. In all new buildings and structures that exceed 1,000 square feet, except
group R-3 and U occupancies.
2. In additions or alterations for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results
in a total square footage in excess of 1,000 (one thousand) square
feet;
b. Throughout existing structures where alterations encompass more
than 50% of the existing square footage of the structure AND is in
excess of 1,000 (one thousand) square feet OR where there is a
. change of occupancy to a more hazardous use as determined by the
Building Official or Fire Chief;
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PAGE 7
c. These requirements will be applicable to the combined square footage
of all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet
shall be considered as a single building or structure.
SECTION 16. AGMC Section 15.04.026, entitled "Section R313 of the 2013 California
Residential Code", is hereby amended as follows:
15.04.026 Section R313 of the 2016 California Residential Code.
Section R313 of the 2016 California Residential Code is hereby amended as
follows:
R313.1. An automatic residential fire sprinkler system shall be installed as
follows:
A. In all R-3 and U occupancies private garages and carports accessory to:
1. Including all attached structures;
2. Including all structures within 10 feet
B. In additions or alterations for all buildings or structures as follows:
1. Throughout structures where additions to existing buildings adds more
than 50% of the existing square footage to the structure AND results in a
total square footage in excess of 1,000 (one thousand) square feet;
2. Throughout existing structures where alterations encompass more than
50% of the existing square footage of the structure AND is in excess of
1,000 (one thousand) square feet OR where there is a change of
occupancy to a more hazardous use as determined by the Building
Official or Fire Chief;
3. These requirements will be applicable to the combined square footage of
all building permits issued for the address or site within the last five
years. Buildings or structures separated by less than ten (10) feet shall
be considered as a single building or structure.
SECTION 17. Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 18. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 19. If any section, subsection, sentence, clause, or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
Ordinance would be subsequently declared invalid or unconstitutional.
ORDINANCE NO. 679
PAGE 8 ,
On motion of Council Member Harmon, seconded by Council Member Barneich, and on
the following roll call vote, to wit:
AYES: Council Member Harmon, Barneich, Guthrie, Hill
NOES: None
ABSENT: Council Member Brown
the foregoing Ordinance was passed and adopted this 25th day of October 2016.
ORDINANCE NO. (p79
PAGE9
J HILL, MAYOR
• TEST:
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KELLY ET OR , CITY CLERK
APPROVED ,•- T• CONTENT:
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R BERT MCFALL, I• TERIM CITY MANAGER
APPROVED AS TO FORM:
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HEATHER WHITHAM, CITY ATTORNEY
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ORDINANCE NO. 679
PAGE 10
EXHIBIT "A"
Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City
of Arroyo Grande ("City") hereby modifies and make amendments to the California Fire
Code, the California Building Code, and the California Residential Code and the
International Property Maintenance Code as further set forth in the attached ordinance
(collectively referred to herein as "Amendments"), which Amendments are more
restrictive in nature than those found in those sections adopted by the State of
California and are based on the local climatic, geological, or topographical conditions
and findings (collectively "Findings") referenced herein below.
The Amendments, address the fire problem(s) and building problem(s), concern(s), and
future direction(s), by which the City can establish and maintain an environment which
will afford an adequate level of fire and life safety protection to its citizens and guests.
The Findings contained herein shall address each of the Amendments and shall present
the local situation, which either singularly or in combination, create the need for the
Amendments to be adopted.
CLIMATIC:
Climatically, the City has dry warm summer and early fall conditions (as well as
moderate late fall and winter conditions) with dry winds which remove moisture from
vegetation. Further, the City frequently experiences Santa Ana wind conditions which
exacerbate fire hazards and potential spread of fire within the area, both in rural and
urban settings.
Coastal ground fog is a common occurrence. This climatic condition could
obscure vision, compromising early detection of fire as well as impedes radio
deployment of fire equipment to and at the scene of the emergency.
GEOGRAPHIC:
Geographically, the City is located in an area prone to frequent seismic activity which
has a high potential for large scale, simultaneous building and infrastructure damage,
including fire. A major seismic event would create a community-wide demand on fire
protection services, which would be beyond the response capability of the Fire
Department. This potential problem can be partially mitigated by requiring initial fire
control through the installation of automatic fire protection systems. Further, the City
has numerous older and historic buildings and structures which can often fail due to
moderate seismic activity. Additions, alterations and repairs of these antiquated
structures need to be properly addressed.
Additionally, the many foothills and surrounding mountains are prime sites for residential
development. These hillside residential sites, together with isolated rural and semi-rural
settings of the City, create difficult conditions in which to provide immediate fire
response.
The City is heavily vegetated throughout and encourages native wildlife protection and
enhancement. As the community is developing and housing densities increase, the
ORDINANCE NO. 679
PAGE 11
planting of shrubs and trees and other landscape is encouraged to beautify and
enhance City living conditions. However, this increased density results in much higher
fuel loads and together with increased planting, and when combined with native
vegetation, significantly increases fire hazards and fire spreading from one dwelling or
structure to another.
TOPOGRAPHIC:
The topographic element of these findings is closely associated with the geographical
elements noted above. While the geographic features create the topographic conditions,
the findings in this section are, for the most part, a result of the construction and design
of the City.
Highway 101 completely traverses and bisects the City. There are only three
over/underpasses allowing access to either side of the City. These physical barriers
create significant barriers to emergency response.
With limited parking and as the community grows and commercial activity increases in
the City, delivery and other vehicles tend to double park. When added to already narrow
streets, cars parked on the sides of streets and traffic congestion (especially around
rush hour), emergency response times are highly affected.
The City encourages and emphasizes affordable housing development. This creates
buildings that provide minimum required clearances between structures and maximum
allowable height. Although these buildings are built with more stringent standards, the
reality is that this type of development creates significant barriers in terms of access and
fuel load for firefighting purposes.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 679 which was introduced at a regular meeting of the
City Council on October 11, 2016; was passed and adopted at a regular meeting
of the City Council on the 25th day of October 2016; and was duly published in
accordance with State law (G.C. 40806). -
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th
day of October 2016.
Ctii-dUtett
KELLY WET • •RE, CITY CLERK
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