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O 627 ORDINANCE NO. 627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.04 RELATED TO THE ADOPTION OF THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AMENDING CHAPTER 8.08 RELATED TO FIREWORKS; AND AMENDING 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, the City Council further desires to amend regulations regarding the sale and discharge of "safe and sane" fireworks; and WHEREAS, the City Council further desires to modify cost recovery regulations in order to provide the City with a mechanism to recover emergency service costs due acts of negligence; and ORDINANCE NO. 627 PAGE 2 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. 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 2010 California Fire Code, including Appendix Chapters 4, A, B, BB, C, CC, D, H, the 2009 International Fire Code, and the 2009 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 (1) 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. Modifications to the California Fire Code, 2010 Edition, are reasonably necessary based on the findings set forth in Exhibit "A" attached hereto and incorporated herein. SECTION 5. Section 8.04.016, entitled "Section 109.3 Amended: Violation Penalties" is hereby added to the AGMC as follows: 8.04.016 — Section 109.3 Amended: Violation Penalties. A. Section 109.3 of the 2010 California Fire Code is amended to read as follows: ORDINANCE NO. 627 PAGE 3 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 6. Section 8.04.018, entitled "Section 111.4 Amended: Failure to Comply ", is hereby added to the AGMC as follows: 8.04.018 — Section 111.4 Amended: Failure to Comply. A. Section 111.4 of the 2010 California Fire Code is amended in its entirety to read as follows: 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 7. AGMC Section 8.04.020, entitled "Section 903 Amended: Approved Automatic Sprinkler Systems" is hereby amended in its entirety as follows: 8.04.020 — Section 903 Amended: Approved Automatic Sprinkler Systems. A. Section 903.2 of the 2010 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 and agricultural buildings. 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; ORDINANCE NO. 627 PAGE 4 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 8. Section 8.04.022, entitled "Amendment to California Fire Code Appendix D" , is hereby added to the AGMC as follows: 8.04.022- Appendix D 2010 California Fire Code section D107.1 is hereby amended as follows: delete exception 1. SECTION 9. Section 8.04.024, entitled "Fire Code Official ", is hereby added to the AGMC as follows: 8.04.024 — Fire Code Official. The California Fire Code and the International Property Maintenance Code, with amendments set forth in this division shall be enforced by the Five Cities Fire Authority, which shall be operated under the Fire Chief of the Five Cities Fire Authority. The Fire Chief of the Five Cities Fire Authority may designate qualified individuals as inspectors as shall be necessary from time to time. SECTION 10. Section 8.04.026, entitled "Definitions " ", is hereby added to the AGMC as follows: 8.04.26 - Definitions. 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 11. Section 8.04.028, entitled "Amendments — 2006 International Property Maintenance Code" is hereby added to the AGMC as follows: 8.04.028 — Amendments — 2009 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 2009 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 ORDINANCE NO. 627 PAGE 5 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 12. AGMC Section 8.04.040, entitled "Cost Recovery", is hereby amended in its entirety as follows: 8.04.040 — Cost Recovery. Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Building Code, or any other applicable law, ordinance or regulation, the cost of emergency service to mitigate and secure any emergency that is within the responsibility of the Fire Chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency, and such person shall be liable for the costs of such services. Damages and expenses incurred by any public agency providing emergency services or mutual aid shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Costs and expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up. SECTION 13. AGMC Sections 8.08.070(A), 8.08.090(B), and 8.08.100 of Chapter 8.08, entitled "Fireworks ", are hereby amended in their entirety as follows: 8.08.070 — Sales. A. Fireworks shall not be sold before noon on the twenty- eighth of June and such sales shall cease at noon on the fifth day of July. Sales during this time period will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe these hours designated for sale may have their permit revoked or be ineligible for a permit in subsequent years. 8.08.090(B) (Delivery) is hereby repealed and deleted from the AGMC in its entirety. 8.08.100 - Public discharge. Discharge of "safe and sane fireworks" may only occur from the 3rd of July through midnight of July 5 and shall be in legally permitted locations. No person under eighteen (18) years of age may possess or discharge "safe and sane fireworks" except when under the direct supervision of a person twenty-one (21) years of age or older. ORDINANCE NO. 627 PAGE 6 SECTION 14. AGMC Section 15.04.010, entitled "California Building Standards Codes Adopted ", is hereby amended in its entirety as follows: A. California Building Code. The 2010 California Building Code, including the 2009 International Building Code and Appendix Chapters , B and I, 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 2010 California Residential Code, including the 2009 International Residential Code and Appendix chapters G, H, J, and K, 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 2010 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 2010 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 2010 California Plumbing 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. F. California Energy Code. The 2010 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 2010 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 2010 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 2010 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. ORDINANCE NO. 627 PAGE 7 J. International Property Maintenance Code. The 2009 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 15. AGMC Section 15.04.020 entitled "Sections 3401, 3402 and 3403 amended — General — Definitions — Additions, alterations or repair", is hereby repealed in its entirety. SECTION 16. Section 15.04.024, entitled "Section 903.2 Amended: Approved Automatic Sprinkler Systems ", is hereby added to the AGMC as follows: 15.04.024 — Section 903.2 Amended: Approved Automatic Sprinkler Systems. A. Section 903.2 of the 2010 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 and agricultural buildings. 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 Tess than ten (10) feet shall be considered as a single building or structure. SECTION 17. Section 15.04.026, entitled "Section R313 of the 2010 California Residential Code Amended ", is hereby added to the AGMC as follows: 15.04.026. Section R313 of the 2010 California Residential Code is hereby amended as follows: R313.1. Townhouse automatic fire systems. An automatic residential fire sprinkler system shall be installed in townhouses 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 ORDINANCE NO. 627 PAGE 8 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. R313.2. One and two- family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one and two- family dwellings 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. R313.3.1.1 Required sprinkler locations. Sprinklers shall be installed to protect all areas of a dwelling unit. Exceptions: Delete exception 4 SECTION 18. AGMC Section 15.04.040, entitled "Building Official ", is hereby amended in its entirety as follows: 15.04.040 — Building Official. A. The Building Official is hereby designated as the building official and code official for the City of Arroyo Grande. ORDINANCE NO. 627 PAGE 9 B. Building Official position and duties: The office of Building Official is created, and the Building Official, or his or her designated representative, is authorized to administer and enforce all the provisions of this chapter and Codes adopted by this chapter, and for such purpose, shall have the power of a police officer and shall hereby have the authority, as provided in Section 836.5(a) of the California Penal Code, to make arrests and issue citations for violations of the city of Arroyo Grande Municipal Code. Citation authority is granted for violations which, under city ordinances, constitute infractions or misdemeanors. SECTION 19. AGMC Section 15.04.050, entitled "Director of Building and Fire — Office created — Powers and duties ", is hereby repealed in its entirety. SECTION 20: Section 15.04.052, entitled "Time Limit of Permit Application ", is hereby added to the AGMC as follows: 15.04.052. Time Limit of Permit Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for an additional period not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 21: Section 15.04.054, entitled "Permit Expiration ", is hereby added to the AGMC as follows: 15.04.054. Permit Expiration. A permit shall become invalid if the proposed development is not commenced within 180 days after its issuance, or if the work is suspended or abandoned for a period of 180 days after the work commences. Extension shall be requested in writing and justifiable cause demonstrated. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. SECTION 22. Section 15.04.056, entitled `Refunds ", is hereby added to the AGMC as follows: 15.04.056. Refunds. The building official is authorized to establish a refund policy and may authorize refunding of any fee paid hereunder which was erroneously paid or collected in accordance with this section. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has ORDINANCE NO. 627 PAGE 10 been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize a refund of any fee paid except on written application filed by the original permittee not later than 180 days after the date of permit fee payment. SECTION 23: 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 24: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 25: 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. On motion of Council Member Costello, seconded by Council Member Ray, and on the following roll call vote to wit: AYES: Council Members Costello, Ray, Guthrie, Brown, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this le day of December 2010. ORDINANCE NO. & PAGE 11 TON FE ,MAYOR ATTEST: KELLY W ■ MO E, CITY CLERK APPROVED AS TO CONTENT: STEV ADAM , CITY MANAGER APPROVED AS TO FORM: Q TIM ThY J. �ARMEL, CITY ATTORNEY ORDINANCE NO. 627 PAGE 12 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 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 hereinbelow. 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. ORDINANCE NO. 627 PAGE 13 The City is heavily vegetated throughout and encourages native wildlife protection and enhancement. As the community is developing and housing densities increase, the 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 fire fighting 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 is a true, full, and correct copy of Ordinance No. 627 which was introduced at a regular meeting of the City Council /Redevelopment Agency on November 23, 2010; was passed and adopted at a regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 14 day of December 2010; 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 le day of December 2010. 'As/ L - KELLY ET ORE, CITY CLERK