2010/11/23 City Council Ordinance 827
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputy
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 29th
day of November. 2010, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 827, "ADOPTING BY REFERENCE THE 2010 EDITION OF THE
CALIFORNIA FIRE CODE, AS AMENDED, BY REPEALING AND REPLACING
CHAPTER 15.28 OF THE ROHNERT PARK MUNICIPAL CODE" in five (5) public
places in said City, to wit:
City Hall
130 A vram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.ore for website posting
/f~ df~
Deputy City Clerk
Subscribed and sworn to before me
this 29th day of November, 2010.
M:\Ordinances\Ordinances 201 O\Affidavits ofPosting\Affidavit of Posting 827.doc
ORDINANCE NO. 827
AN ORDINANCE OF THE CITY COlJNCIL OF THE CITY OF ROHNERT PARK
ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA FIRE CODE,
AS AMENDED, BY REPEALING AND REPLACING CHAPTER 15.28 OF
THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the City of Rohnert Park wishes to adopt the 2010 Edition of the California
Fire Code;
WHEREAS, special climatic, geologic, and topographical conditions exist in the City of
Rohnert Park; and
WHEREAS, the City of Rohnert Park wishes to amend the 2010 Edition of the California
Fire Code to address those unique conditions.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. FINDINGS
The City Council finds that in order to best protect the health, safety, and welfare of the citizens
of Rohnert Park, the City Council should adopt the California Fire Code Standards. The City
Council further finds that based upon the materials presented and the recommendations of the
Director of Public Safety, it is necessary to make these revisions in order to clarify procedural
issues and to provide fire personnel with a better ability to protect the public.
Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments must
be based on climatic, geologic and topographical conditions. The following findings address
each of these situations and present the local conditions which, either singularly or in
combination, justify the amendments to be adopted:
A. CLIMATE: The City, on average, experiences an approximate annual rainfall of 40
inches. This rainfall can normally be expected between October and April. During the
winter months, the City may experience periods of heavy rain, which causes local
flooding. Winter storms are often accompanied by high winds, which have uprooted
trees and damaged power lines. The City has also experienced periods of heavy fog,
which has delayed the responding fire apparatus and prevented early discovery of
structure fires. During the dry period, temperatures range from 70 degrees to over 100
degrees. These temperatures are often accompanied by light to gusty winds, which when
coupled with highly flammable vegetation, can cause uncontrollable fires. With increased
development spreading into the brush covered foothill area, wind driven fires could have
severe consequences, as has been demonstrated on several occasions throughout the state.
B. GEOLOGIC: The City is susceptible to seismic hazards resulting from movement along
anyone of several known faults in the area. The most serious direct earthquake hazard
threat is from the damage or collapse of buildings and other structures due to ground
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movement. In addition to damage caused by earthquakes, there is the possibility of
earthquake-induced fires starting because of damage to gas lines, power lines or heat
producing appliances and the unavailability of water for fire control due to broken water
mains. In the event of a major earthquake many areas of the City may not be accessible
to emergency equipment and, if bridges or roads are damaged, the City may be isolated
from outside assistance.
C. TOPOGRAPHICAL: The City is divided by Highway 101 and railroad right-of-way.
The railroad and freeway create barriers, which obstruct traffic patterns and delay
response time for fire equipment. The water supply within the City is directly affected by
the topographical layout. The City water system is currently pressured from the Sonoma
County Water Agency aqueduct inter-tie. In the event of a major catastrophe, the City
does not have an elevated water storage system to supply pressured water to the City fire
hydrants.
D. SUMMARY: The above local climatic, geologic and topographical conditions increase
the magnitude, exposure, accessibility problems and fire hazards presented to the Rohnert
Park Department of Public Safety. A fire following an earthquake has the potential of
causing greater loss of life and damage than the earthquake itself. The majority of the
City's industrial areas are located in the highest seismic risk zones, which also contain
the largest concentration of hazardous materials. Hazardous materials, particularly toxic
gases, could pose the greatest threat to the largest number of persons, should a significant
seismic event occur. The Department of Public Safety's resources would have to be
prioritized to mitigate the greatest threat, and may be unavailable for vegetation or
structure fires.
Other variables that may tend to intensify the situation include:
1. The extent of damage to the water system;
2. The extent of isolation due to bridge and/or freeway overpass collapse;
3. The extent of roadway damage and/or amount of debris blocking roadways;
4. Climatic conditions (hot, dry weather with high winds);
5. Time of day will influence the amount of traffic on roadways and could intensify
the risk to life during normal business hours; and,
6. The availability of timely mutual aid or military assistance.
E. CONCLUSION: Local climatic, geologic and topographical conditions impact fire
suppression efforts and the frequency, spread, intensity, and the size of fire involving
structures in this community. Further, they impact potential damage to all structures from
earthquake and subsequent fire. Therefore, it is found to be necessary that the California
Fire Code be amended to mitigate the effects of these conditions.
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SECTION 2. The 2010 Edition of the California Fire Code is hereby adopted by reference, as
amended, by repealing and replacing Chapter 15.28 of the Rohnert Park
Municipal Code to read as follows:
15.28.010
15.28.020
15.28.030
15.28.101.5
15.28.103.1.1.
15.28.104.3
15.28.104.11.4
15.28.105.1.1
15.28.105.2
15.28.108.1
15.28.304.2.1
15.28.503.2.1
15.28.503.2.6
15.28.505.1
15.28.505.1.1
15.28.507.5.1
15.28.605.11
15.28.605.11.1
15.25.605.11.1.1
15.28.605.11.1.2
15.28.605.11.1.3
15.28.605.11.1.4
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"Chapter 15.28
FIRE CODE
Adoption of the 2010 California Fire Code.
2010 California Fire Code Amended.
Penalty.
Section 101.5 of 20210 California Fire Code Amended - Applicable
Standards.
Section 103.1.1 of Chapter 1 Division II California Fire Code Added -
Fire Code Official.
Section 104.3 of Chapter 1 of 2010 California Fire Code Amended -
Right of Entry.
Section 104.11.4 of Chapter 1, Division II of the 2010 California Fire
Code Added - Emergency Response Penalty.
Section 105.1.1 of Chapter 1, Division II of the 2010 California Fire
Code Added - Additional Required Fire Permits.
Section 105.2 of Chapter 1, Division II of the 2010 California Fire Code
Amended - Application for Permit; Fees.
Section 108.1 of Chapter 1, Division II of the 2010 California Fire Code
Added - Appeals Process.
Section 304.1.2.1 of the 2010 California Fire Code Added - Defensible
space. Neighboring Property.
Section 503.2.1 of the 2010 California Fire Code Amended - Definitions.
Section 503.2.6 of the 2010 California Fire Code Amended - Bridges
and Elevated Surfaces.
Section 505.1 of the 2010 California Fire Code Amended - Address
Numbers.
Section 505.1.1 of the 2010 California Fire Code Added - One and two
family dwellings.
Section 507.5.1 of the 2010 California Fire Code Amended - Where Fire
Hydrants and Fire Mains Required.
Section 605.11 of the 2010 California Fire Code Added - Solar
PhotovoItaic power systems
Section 605.11.1 of the 2010 California Fire Code Added - Marking.
Section 605.11.1 of the 2010 California Fire Code Added - Materials.
Section 605.11.1.2 of the 2010 California Fire Code Added - Marking
content.
Section 605.11.1.3 of the 2010 California Fire Code Added - Main
service disconnect.
Section 605.11.1.4 of the 2010 California Fire Code Added - Location of
Marking.
3
15.28.605.11.2
15.28.605.11.3
15.28.605.11.3.1
15.28.605.11.3.2
15.28.605.11.3.2.1
15.28.605.11.3.2.2
15.28.605.11.3.2.3
15.28.605.11.3.2.4
15.28.605.11.3.3
15.28.605.11.3.3.1
15.28.605.11.3.3.2
15.28.605.11.3.3.3
15.28.605.11.4
15.28.901.6.1.1
15.28.901.6.1.2
15.28.901.6.1.3
15.28.901.6.1.4
15.28.902.1
15.28.903.2
15.28.903.2.110.1
15.28.903.2.110.2
15.28.903.2.120
15.28.903.2.130
15.28.903.3.1
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Section 605.11.2 of the 2010 California Fire Code Added - Locations of
DC conductors.
Section 605.11.3 of the 2010 California Fire Code Added - Access and
pathways.
Section 605.11.3.1 of the 2010 California Fire Code Added - Roof access
points.
Section 605.11.3.2 of the 2010 California Fire Code Added - Residential
systems for one- and two-family residential dwellings.
Section 605.11.3.2.1 of the 2010 California Fire Code Added -
Residential buildings with hip roof layouts.
Section 605.11.3.2.2 of the 2010 California Fire Code Added -
Residential buildings with a single ridge.
Section 605.11.3.2.3 of the 2010 California Fire Code Added - Hips and
Valleys.
Section 605.11.3.2.4 of the 2010 California Fire Code Added - Smoke
Ventilation.
Section 605.11.3.3 of the 2010 California Fire Code Added - All other
occupancies.
Section 605.11.3.3.1 of the 2010 California Fire Code Added - Access.
Section 605.11.3.3.2 of the 2010 California Fire Code Added -
Pathways.
Section 605.11.3.3.3 of the 2010 California Fire Code Added - Smoke
Ventilation.
Section 605.11.4 of the 2010 California Fire Code Added - Ground
mounted photovoltaic arrays.
Section 901.6.1.1 Added to 2010 California Fire Code - False. Fire
Alarpt.
Section 901.6.1.2 Added to 2010 California Fire Code - New Alarm
Installations.
Section 901.6.1.3 Added to 2010 California Fire Code - Commercial
Alarms, Determining Responsibility.
Section 901.6.1.4 Added to 2010 California Fire Code - Residential
Alarms, Determining Responsibility.
Section 902.1 Added to 2010 California Fire Code - Definitions.
Section 903.2 of 2010 California Fire Code Amended - Automatic
Sprinkler System.
Section 903.2.110.1 Added to 2010 California Fire Code - Residential
Additions.
Section 903.2.110.2 Added to 2010 California Fire Code - Commercial
and Multi-Family Additions.
Section 903.2.120 Added to 2010 California Fire Code - Alteration or
Repairs.
Section 903.2.130 added to 2010 California Fire Code - Changes of
occupancy.
Section 903.3.1 is amended to 2010 California Fire Code - Design
Criteria.
4
15.28.903.3.1.1
15.28.903.3.1.1.1
15.28.903.3.1.2
15.28.903.4
15.28.903.4.1
15.28.903.4.2
15.28.907.2
15.28.907.2.8.1
15.28.907.2.9
15.28.B105.1
15.28.B105.2
15.28.B105.3
15.28.CI05.1
15.28.D103.2
15.28.D103.3
15.28.D103.4
15.28.D103.4.1
15.28.D103.6
15.28.D103.6.1
15.28.D106.1
15.28.3302.010
15.28.3308.020
15.28.3308.030
15.28.3308.040
15.28.3308.050
15.28.3308.060
15.28.3308.070
15.28.3308.080
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Section 903.3.1.1 Added to 2010 California Fire Code - Installation
Requirements.
Section 903.3.1.1.1 of2010 California Fire Code Deleted.
Section 903.3.1.2 of California Fire Code Deleted.
Section 903.4 of 2010 California Fire Code Amended - Sprinkler
System Monitoring and Alarms.
Section 903.4.1 of2010 California Fire Code Amended - Signals.
Section 903.4.2 of2010 California Fire Code Amended - Alarms.
Section 907.2 of 2010 California Fire Code Amended - Required Fire
Alarm Installations.
Section 907.2.8.1 of 2010 California Fire Code Amended - Exception
2.2.
Section 907.2.9 of 2010 California Fire Code Amended - Exception 2.2.
Section BI05.1 of Appendix B of 2010 California Fire Code Amended -
One and Two Family Dwellings.
Section BI05.2 of Appendix B of 2010 California Fire Code Amended -
Buildings Other than One and Two Family Dwellings.
Table B105.1 of Appendix B, Footnote A, of 2010 California Fire Code
Deleted.
Table C105.1 of Appendix C of 2010 California Fire Code, Footnotes f
and gAdded.
Section DI03.2 of Appendix D of2010 California Fire Code Amended-
. Grade.
Section D103.3 of Appendix D of 2010 California Fire Code Amended -
Turning Radius.
DI03.4 of Appendix D of 2010 California Fire Code Amended - Dead
Ends.
Table D103.4 of2010 California Fire Code Deleted.
DI03.6 of Appendix D of 2010 California Fire Code Amended - Signs.
Sections D103.6.1 and D103.6.2 of 2010 California Fire Code Deleted.
Section D106.1 of Appendix D of 2010 California Fire Code Amended-
Projects Having More than 50 Dwelling Units.
Section 3302.010 Added to 2010 California Fire Code - Definitions.
Section 3308.020 Added to 2010 California Fire Code - Manufacturing.
Section 3308.030 Added to 2010 California Fire Code - Sales.
Section 3308.040 Added to 2010 California Fire Code - General
Prohibition Against Possession, Sale or Use of Fireworks.
Section 3308.050 Added to 2010 California Fire Code - Authorized Sale
of State-Approved Fireworks.
Section 3308.060 Added to 2010 California Fire Code - Authorized Use
of State-Approved Fireworks.
Section 3308.070 Added to 2010 California Fire Code - Prerequisite for
Issuance of Permit.
Section 3308.080 Added to 2010 California Fire Code - Application for
Permit.
5
15.28.3308.090
15.28.3308.100
15.28.3308.110
15.28.3308.120
15.28.3308.130
15.28.3308.140
15.28.3308.150
Section 3308.090 Added to 2010 California Fire Code - Denial of
Application.
Section 3308.100 Added to 2010 California Fire Code - Operation of
Fireworks Stand.
Section 3308.110 Added to 2010 California Fire Code - Temporary
Fireworks Stand.
Section 3308.110 Added to 2010 California Fire Code - General
Fireworks Stand Requirements for Permittees.
Section 3308.130 Added to 2010 California Fire Code - Supervision of
Minors.
Section 3308.140 Added to 2010 California Fire Code - Transportation
of State-Approved Fireworks.
Section 3308.150 Added to 2010 California Fire Code - Revocation of
Permit--Appeal.
15.28.010 Adoption of the 2010 California Fire Code.
The California Fire Code, 2010 Edition, including all indices and appendices A through J, and
Chapters 1 - 47 are hereby adopted by reference with all California and local amendments,
additions or deletions as including within this chapter. This chapter shall be known as the 2010
California Fire Code and may be cited and referred to as such. For purposes of citation, the 2010
California Fire Code, including the appendices, additions and deletions thereto, are renumbered
to add 15.28 before each section of the Code (e.g., Sections 101.1 and BI05.1 of the 2010
California Fire Code shall be respectively cited as Sections 15.28.101.1 and 15.28.B105.1).
15.28.020 2010 California Fire Code Amended.
The 2010 California Fire Code adopted by reference in this Chapter 15.28 is amended by the
additions, deletions, and amendments contained in this Chapter.
15.28.030 Penalty.
Any violation of this Chapter is a misdemeanor. Each day a violation of this Chapter exists
constitutes a separate offense.
15.28.101.5 Section 101.5 of 20210 California Fire Code Amended - Applicable Standards.
Where no applicable standards or requirements are set out in this Chapter, or contained within
other laws, codes, regulations, ordinances or rules adopted by the City or its officials, compliance
with applicable standards of the National Fire Protection Association or other nationally
recognized fire safety standards or other recognized good engineering practices, as approved by
the Fire Code Official shall constitute compliance with this Chapter. Nothing herein shall
derogate from the power of the Fire Code Official to determine compliance with codes or
standards for those activities or installations within the Fire Code Official's jurisdiction or
responsibility.
15.28.103.1.1 Section 103.1.1 of Chapter 1 Division II California Fire Code Added - Fire
Code Official.
Whenever the term "Fire Code Official" is used in this Chapter, it shall mean the Fire Marshal or
his/her designee.
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15.28.104.3 Section 104.3 of Chapter 1 of 2010 California Fire Code Amended - Right of
Entry. .
A. The Fire Code Official in the performance of duties prescribed in this Chapter, may enter
upon and into any and all premises under his/her jurisdiction, at all reasonable hours for the
purpose of inspecting the same to determine whether or not the provisions of this Chapter and all
applicable laws or ordinances pertaining to the protection of persons and property from fire,
explosion or exposure to hazardous materials are observed. However, an inspection warrant
must be secured where entry is refused, except in an emergency situation. No owner, occupant
or any other person having charge, care or control of any building or premises shall fail or
neglect, after proper request is made and consent given, or an inspection warrant is obtained, to
promptly permit the Fire Code Official's entry for the purpose of inspection and examination.
B. The Fire Code Official may enter any building or premises to extinguish or control any fire,
perform rescue operations, investigate the existence of suspected or reported fires, gas leaks or
other hazardous conditions or take any other action necessary in the reasonable performance of
his/her duties.
15.28.104.11.4 Section 104.11.4 of Chapter 1, Division II of the 2010 California Fire Code
Added - Emergency Response Penalty.
In the event that the Fire Code Official responds to any emergency caused by failure to comply
with this Chapter and within the responsibility for enforcement of the Fire Code Official as given
in Section 104.11 of the 2010 California Fire Code, the person who caused the emergency will
pay a penalty. The penalty shall constitute a debt of such person to the City and shall be
collectable by the Fire Code Official. Penalties shall be based on the current Fire Division Fee
schedule as established or amended by City Council resolution.
15.28.105.1.1 Section 105.1.1 of Chapter 1, Division II of the 2010 California Fire Code
Added - Additional Required Fire Permits.
The Director of Public Safety, Fire Division Lieutenant, or the Fire Marshal may require
additional prescribed operational and construction permits as identified in the Fire Division Fee
Schedule. Permit fees shall be based on the current Fire Division Fee schedule as established or
amended by City Council resolution.
15.28.105.2 Section 105.2 of Chapter 1, Division II of the 2010 California Fire Code
Amended - Application for Permit; Fees.
All applications for a permit required by this Chapter shall be made to the Fire Division of the
Department of Public Safety in the form and detail, including any required plans, required by the
City of Rohnert Park Fire Division. The City Council may establish fees, by resolution, for
permit applications.
15.28.108.1 Section 108.1 of Chapter 1, Division II of the 2010 California Fire Code Added
- Appeals Process.
Whenever the Fire Prevention Division denies an application or permit, the applicant may appeal
in writing the decision of the Fire Marshal to the Director of Public Safety within 15 days. The
Director shall review the written appeal and render a decision within 30 days of its receipt. The
decision of the Director shall be final.
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15.28.304.2.1 Section 304.1.2.1 of the 2010 California Fire Code Added - Defensible space.
Neighboring Property.
Persons owning, leasing, or controlling property within areas requiring defensible space are
responsible for maintaining a defensible space on the property owned, leased or controlled by
said person, within a distance of not less than 30 feet from any neighboring building or structure.
Distances may be modified by the fire code official because of a site-specific analysis based on
local conditions.
15.28.503.2.1 Section 503.2.1 of the 2010 California Fire Code Amended - Definitions.
FIRE APP ARA TUS ACCESS ROAD means 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 are defined by the standards of the local agency having jurisdiction over the project.
FLOOR AREA used for calculating the required fire flow means 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 B 1 04 of the 2010 California Fire Code.
15.28.503.2.6 Section 503.2.6 of the 2010 California Fire Code Amended - Bridges and
Elevated Surfaces.
Where a bridge or 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 weight of fire
apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated
surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for
such use, approved barriers, signs or both shall be installed and maintained when required by the
Fire Code Official.
15.28.505.1 Section 505.1 of the 2010 California Fire Code Amended - Address Numbers.
New and existing buildings 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. Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole, or other approved sign or means shall
be used to identify the structure. The numbers shall contrast with their background. Address
numbers shall be Arabic numerals or alphabet letters.
15.28.505.1.1 Section 505.1.1 of the 2010 California Fire Code Added - One and two family
dwellings.
Address numbers for one and two family dwellings shall be a minimum of 4 inches in height
with a minimum stroke width of 0.5 inches.
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15.28.507.5.1 Section 507.5.1 of the 2010 California Fire Code Amended - Where Fire
Hydrants and Fire Mains Required.
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 150 feet 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 fire
mains shall be provided where required by the Fire Code Official.
15.28.605.11 Section 605.11 of the 2010 California Fire Code Added - Solar Photovoltaic
power systems
Solar photovoltaic power systems shall be installed in accordance with this code, the California
Building Code and California Electric Code. .
Exception: Detached Group U non-habitable structures such as parking shade structures,
carports, solar trellises, and similar type structures are not subject to the requirements of
this section.
15.28.605.11.1 Section 605.11.1 of the 2010 California Fire Code Added - Marking.
Marking is required on all interior and exterior dc conduit, enclosures, raceways, cable
assemblies, junction boxes, combiner boxes, and disconnects.
15.25.605.11.1.1 Section 605.11.1 of the 2010 California Fire Code Added - Materials.
The materials used for marking shall be reflective, weather resistant and suitable for the
environment. Marking as required in sections 605.11.1.1 through 605.11.1.4 shall have all letters
capitalized with a minimum height of3/8 inch (9.5 mm) white on red background.
15.28.605.11.1.2 Section 605.11.1.2 of the 2010 California Fire Code Added - Marking
content.
The marking shall contain the words "WARNING: PHOTOVOLTAIC POWER SOURCE."
15.28.605.11.1.3 Section 605.11.1.3 of the 2010 California Fire Code Added - Main service
disconnect.
The marking shall be placed adjacent to the main service disconnect in a location clearly visible
from the location where the disconnect is operated.
15.28.605.11.1.4 Section 605.11.1.4 of the 2010 California Fire Code Added - Location of
Marking.
Marking shall be placed on all interior and exterior dc conduit, raceways, enclosures and cable
assemblies every 10 feet (3048 mm) within 1 foot (305 mm) of all turns or bends and within
1 foot (305 mm) above and below all penetrations of roof/ceiling assemblies and all walls and lor
barriers.
15.28.605.11.2 Section 605.11.2 of the 2010 California Fire Code Added - Locations of DC
conductors.
Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as
possible to the ridge or hip or valley and from the hip or valley as directly as possible to an
outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs between
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sub arrays and to DC combiner boxes shall be installed in a manner that minimizes total amount
of conduit on the roof by taking the shortest path from the array to the DC combiner box. The
DC combiner boxes shall be located such that conduit runs are minimized in the pathways
between arrays. DC wiring shall be run in metallic conduit or raceways when located within
enclosed spaces in a building. Conduit shall run along the bottom of load bearing members.
15.28.605.11.3 Section 605.11.3 of the 2010 California Fire Code Added - Access and
pathways.
Roof access, pathways, and spacing requirements shall be provided in order to ensure access to
the roof; provide pathways to specific areas of the roof; provide for smoke ventilation operations;
and to provide emergency egress from the roof.
Exceptions:
1. Requirements relating to ridge, hip, and valleys do not apply to roof slopes of two units
vertical in twelve units horizontal (2:12) or less.
2. Residential structures shall be designed so that each array is no greater than 150 feet
(45 720 mm) by 150 feet (45 720 mm) in either axis.
3. The fire code official may allow panels/modules to be located up to the ridge when an
alternative ventilation method acceptable to the fire code official has been provided or
where the fire code official has determined vertical ventilation techniques will not be
employed.
15.28.605.11.3.1 Section 605.11.3.1 of the 2010 California Fire Code Added - Roof access
points.
Roof access points shall be defined as an area that does not place ground ladders over openings
such as windows or doors, and are located at strong points of building construction in locations
where the access point does not conflict with overhead obstructions such as tree limbs, wires, or
SIgns.
15.28.605.11.3.2 Section 605.11.3.2 of the 2010 California Fire Code Added - Residential
systems for one- and two-family residential dwellings.
Access shall be provided in accordance with Sections 605.11.3.2.1 through 605.11.3.2.4
15.28.605.11.3.2.1 Section 605.11.3.2.1 of the 2010 California Fire Code Added
Residential buildings with hip roof layouts.
Panels /modules shall be located in a manner that provides a 3 foot (914 mm) wide clear access
pathway from the eave to the ridge on each roof slope where panels/modules are located. The
access pathway shall be located at a structurally strong location on the building capable of
supporting the live load of fire fighters accessing the roof.
15.28.605.11.3.2.2 Section 605.11.3.2.2 of the 2010 California Fire Code Added -
Residential buildings with a single ridge.
Panels/modules shall be located in a manner that provides two 3-foot (914 mm) wide access
pathways from the eave to the ridge on each roof slope where panels/modules are located.
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15.28.605.11.3.2.3 Section 605.11.3.2.3 of the 2010 California Fire Code Added - Hips and
Valleys.
Panels/modules shall be located no closer than 18 inches (457 mm) to a hip or a valley if
panels/modules are to be placed on both sides of a hip or valley. If the panels are to be located on
only one side of a hip or valley that is of equal length then the panels shall be permitted to be
placed directly adjacent to the hip or valley.
15.28.605.11.3.2.4 Section 605.11.3.2.4 of the 2010 California Fire Code Added - Smoke
Ventilation.
Panels/mo.dules shall be located no higher than 3 feet (914 mm) below the ridge in order to allow
for fire department smoke ventilation operations.
15.28.605.11.3.3 Section 605.11.3.3 of the 2010 California Fire Code Added - All other
occupancies.
Access shall be provided in accordance with Sections 605.11.3.3.1 through 605.11.3.3.3.
Exception: Where it is determined by the fire code official that the roof configuration is
. similar to a one- or two-family dwelling, the fire code official may approve the
residential access and ventilation requirements provided in 605.11.3.2.1 through
605.11.3.2.4.
15.28.605.11.3.3.1 Section 605.11.3.3.1 of the 2010 California Fire Code Added - Access.
There shall be a minimum 6 foot (1829 mm) wide clear perimeter around the edges ofthe roof.
Exception: If either axis of the building is 250 feet (76 200 mm) or less, there shall be a
minimum 4 foot (1290 mm) wide clear perimeter around the edges of the roof.
15.28.605.11.3.3.2 Section 605.11.3.3.2 ofthe 2010 California Fire Code Added - Pathways.
The solar installation shall be designed to provide designated pathways. The pathways shall meet
the following requirements:
1. The pathway shall be over areas capable of supporting the live load of fire fighters
accessing the roof
2. The center line axis pathways shall be provided in both axis of the roof. Center line
axis pathways shall run where the roof structure is capable of supporting the live load of
firefighters accessing the roof.
3. Shall be straight line not less than 4 feet (1290 mm) clear to skylights and/or
ventilation hatches
4. Shall be straight line not less than 4 feet (1290 mm) clear to roof standpipes
5. Shall provide not less than 4 feet (1290 mm) clear around roof access hatch with at
least one not less than 4 feet (1290 mm) clear pathway to parapet or roof edge
15.28.605.11.3.3.3 Section 605.11.3.3.3 of the 2010 California Fire Code Added - Smoke
Ventilation.
The solar installation shall be designed to meet the following requirements:
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1. Arrays shall be no greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in
distance in either axis in order to create opportunities for smoke ventilation operations.
2. Smoke ventilation options between array sections shall be one of the following:
2.1. A pathway 8 feet (2438 mm) or greater in widtht
2.2 A 4 feet (1290 mm) or greater in width pathway and bordering roof skylights or
smoke and heat ventst
2.3 A 4 feet (1290 mm) or greater in width pathway and bordering 4 foot (1290 mm)
x 8 foot (2438 mm) "venting cutouts" every 20 feet (6096 mm) on alternating sides of
the pathway
15.28.605.11.4 Section 605.11.4 of the 2010 California Fire Code Added - Ground mounted
photovoltaic arrays.
Ground mounted photovoltaic arrays shall comply with Sections 605.11 through 605.11.2 and
this section. Setback requirements do not apply to ground-mounted, free standing photovoltaic
arrays. A clear brush area of 10 feet (3048 mm) is required for ground mounted photovoltaic
arrays.
15.28.901.6.1.1 Section 901.6.1.1 Added to 2010 California Fire Code - False Fire Alarm.
The expenses incurred as a result of responding to a False Alarm, as defined herein, shall be
reimbursed if the number of responses exceeds an annual amount as prescribed in the Fee
Schedule established or amended by resolution of the City Council.
15.28.901.6.1.2 Section 901.6.1.2 Added to 2010 California Fire Code - New Alarm
Installations.
In the case of new alarm installations, there will be a thirty day grace period in which responses
will not be monitored for purposes of enforcement under this Chapter.
15.28.901.6.1.3 Section 901.6.1.3 Added to 2010 California Fire Code - Commercial
Alarms, Determining Responsibility.
In determining responsibility for commercial alarms, the persons who contracts with the alarm
company for service, or the lessee or occupant of the structure which has installed and maintains
said alarm shall be ultimately responsible for that alarm system.
15.28.901.6.1.4 Section 901.6.1.4 Added to 2010 California Fire Code - Residential Alarms,
Determining Responsibility.
Responsibility for the alarm system in multi-family residential dwellings and condominiums
shall rest with the persons who contract with the alarm company for service to that system.
15.28.902.1 Section 902.1 Added to 2010 California Fire Code - Definitions.
Alarm. A signal from a residence or business location in the City of Rohnert Park which
ends at the City Department of Public Safety offices, or at a central alarm company's
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office which in turn relays it to the Department of Public Safety offices and which causes
City personnel to respond, or through any other means that result in Department of Public
Safety personnel responding to the signal.
Emergency. An incident which requires a response by Department of Public Safety
personnel. A response due to a failure, malfunction or other error, whether human or
mechanical, which results in the transmission of an alarm to the Department of Public
Safety is not an emergency. In the event that a question arises as to whether a response by
City personnel was a response to an emergency as defined herein, the Fire Code Official
shall determine whether an incident constituted an emergency and his or her decision is
final.
False alarm. An alarm to which City personnel or equipment have responded because of
a report that an emergency existed and which did not require a response because the
incident for which the alarm was given did not occur.
15.28.903.2 Section 903.2 of 2010 California Fire Code Amended - Automatic Sprinkler
System.
An automatic sprinkler system shall be installed and maintained in all newly constructed
buildings.
Exceptions:
1.
3.
Detached Group U occupancies 1000 sq. ft. or less, as approved by the Fire Code
Official.
Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool
and limited to a single bathroom.
Detached non-combustible motor vehicle fuel dispensing canopies classified as a
Group M occupancy.
Detached Car Ports of non-combustible construction.
Detached Group B or M occupancies 500 sq. ft or less.
2.
4.
5.
15.28.903.2.110.1 Section 903.2.110.1 Added to 2010 California Fire Code - Residential
Additions.
Additions to existing residential buildings that increase the square footage by 50% or greater
shall meet the requirements for a newly constructed building. All additions to residential
buildings with an existing approved automatic sprinkler system shall be required to extend the
sprinkler system into the addition.
15.28.903.2.110.2 Section 903.2.110.2 Added to 2010 California Fire Code - Commercial
. and Multi-Family Additions.
Additions to existing commercial buildings that increase square footage by 25% or greater shall
meet the requirements for a newly constructed building. All additions to commercial buildings
with an existing approved automatic sprinkler system shall be required to extend the sprinkler
system into the addition
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15.28.903.2.120 Section 903.2.120 Added to 2010 California Fire Code - Alteration or
Repairs.
All existing buildings and facilities when remodels, alterations or structural repairs are made
involving demolition, remodel, or repair of more than 50% of the structure or when the total cost
of remodels, alterations or structural repairs, exceeds the valuation threshold of $50,000, based
on January 1981, "ENR US20 Cities" Average construction Cost Index of 3372.02 (Engineering
News Record, McGraw Hill Publishing Company) shall meet the requirements for a newly
constructed building. The enforcing agency shall annually update the valuation threshold to a
current amount based on the increase in the index since the last figure used. (For example, the
January 2010 amount is $128,410.86.)
15.28.903.2.130 Section 903.2.130 added to 2010 California Fire Code - Changes of
occupancy.
Any change of occupancy when the proposed new occupancy classification is more hazardous
based on life and fire risk, as determined by the Fire Code Official, including the conversion of
residential buildings to condominiums, the building shall meet the requirements for a newly
constructed building.
15.28.903.3.1 Section 903.3.1 is amended to 2010 California Fire Code - Design Criteria.
Fire sprinkler systems installed in buildings of undetermined use shall be designed and installed
to have a design density of 0.33 gallons per minute per square foot over a minimum design area
of 3,000 square feet. Where a subsequent occupancy change requires a system with greater
capacity, it shall be the building owners' responsibility to upgrade the system to the required
density and meet any additional requirements of this Chapter at the time of such change.
15.28.903.3.1.1 Section 903.3.1.1 Added to 2010 California Fire Code - Installation
Requirements. .
Sprinkler systems shall be installed in accordance with NFPA 13; and NFPA 13R, NFPA 13D
when approved by the Fire Code Official, and as adopted by City standards.
15.28.903.3.1.1.1 Section 903.3.1.1.1 of2010 California Fire Code Deleted.
Section 903.3.1.1.1 is deleted in its entirety.
15.28.903.3.1.2 Section 903.3.1.2 of California Fire Code Deleted.
Section 903.3.1.2 is deleted in its entirety.
15.28.903.4 Section 903.4 of 2010 California Fire Code Amended - Sprinkler System
Monitoring and Alarms.
Except for Group R, Division 3 Occupancies, all valves controlling the water supply for
automatic sprinkler systems, and associated pumps, tanks, water levels and water flow switches
shall be electronically supervised. Valves when used for standpipes are excluded from this
provision unless required by the Fire Code Official.
15.28.903.4.1 Section 903.4.1 of2010 California Fire Code Amended - Signals.
Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically
transmitted to an approved central station, remote supervising station or proprietary supervising
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station as defined in NFP A 72, or when approved by the Fire Code Official, shall sound an
audible alarm at a constantly attended location.
15.28.903.4.2 Section 903.4.2 of2010 California Fire Code Amended - Alarms.
Every new fire alarm system installed for the purpose of notification, including those systems
activated solely by fire sprinkler systems, shall be designed so that all occupants of the building
shall be notified audibly and visually for each separate occupancy or each separate residential
dwelling unit.
15.28.907.2 Section 907.2 of 2010 California Fire Code Amended - Required Fire Alarm
Installations.
A. All newly constructed commercial buildings shall be provided with a complete manual
and automatic fire alarm system approved by the Fire Code Official which when activated will
sound an alarm which is audible throughout the building and will notify all occupants.
B. In any commercial occupancy where a use creates a change of occupancy classification
as listed in the California Building Code, the entire structure shall be provided with a fire alarm
system approved by the Fire Code Official.
15.28.907.2.8.1 Section 907.2.8.1 of 2010 California Fire Code Amended - Exception 2.2.
2.2. Notification devices installed in the common areas serving the residential
units shall operate upon sprinkler water flow or manual pull station activation.
15.28.907.2.9 Section 907~2.9 of 2010 California Fire Code Amended - Exception 2.2.
2.2. Notification devices installed in the common areas serving the residential
units shall operate upon sprinkler water flow or manual pull station activation.
15.28.BI05.1 Section BI05.1 of Appendix B of 2010 California Fire Code Amended - 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 shall be 1,500 gallons per minute. Fire
flow and flow duration for dwellings having a fire flow calculation area in excess of 3,600
square feet shall not be less than that specified in Table BI05.1 of the 2010 California Fire Code.
15.28.B105.2 Section B105.2 of Appendix B of 2010 California Fire Code Amended -
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 BI05.1 of the 2010 California Fire Code.
Exception: A reduction in required fire flow of up to 50 percent is allowed when the
building is provided with an approved automatic sprinkler system installed in accordance
with other sections of this Chapter. The resulting fire flow shall not be less than 1,500
gallons per minute for the prescribed duration as specified in Table BI05.1 of the 2010
California Fire Code.
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15.28.BI05.3 Table BI05.1 of Appendix B, Footnote A, of 2010 California Fire Code
Deleted.
Table B105.1 of Appendix B, Footnote A is deleted in its entirety.
15.28.CI05.1 Table C105.1 of Appendix C of 2010 California Fire Code, Footnotes f and g
Added.
Footnotes fand g are added to Table CI05.1 of Appendix C of the 2010 California Fire Code to
read:
Table CI05.1, Footnote f:
For commercial, industrial and multifamily residential buildings, average spacing shall be
no greater than 300 feet.
Table CI05.1, Footnote g:
A Fire hydrant shall be located within 50 feet of the Fire Department Connection, or as
approved by the Fire Code Official.
15.28.D103.2 Section D103.2 of Appendix D of 2010 California Fire Code Amended -
Grade.
The grade of fire apparatus access roads shall be in accordance with City standards or as
approved by the Fire Code Official.
15.28.DI03.3 Section D103.3 of Appendix D of 2010 California Fire Code Amended -
Turning Radius.
The minimum turning radius shall be in accordance with City standards or as approved by the
Fire Code Official.
15.28.D103.4 DI03.4 of Appendix D of 2010 California Fire Code Amended - 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 City standards.
15.28.D103.4.1 Table D103.4 of 2010 California Fire Code Deleted.
Table DI03.4 is deleted in its entirety.
15.28.D103.6 D103.6 of Appendix D of2010 California Fire Code Amended - Signs.
Where required by the Fire Code Official, fire apparatus access roads shall be marked with
permanent NO PARKIN G- FIRE LANE signs complying with the California Vehicle Code.
15.28.D103.6.1 Sections D103.6.1 and DI03.6.2 of2010 California Fire Code Deleted.
Sections DI03.6.1 and DI03.6.2 of the 2010 California Fire Code are deleted in their entirety.
15.28.D106.1 Section D106.1 of Appendix D of 2010 California Fire Code Amended -
Projects Having More than 50 Dwelling Units.
Multiple-family residential projects having more than 50 dwelling units shall be provided with
two separate and approved fire access roads.
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15.28.3302.010 Section 3302.010 Added to 2010 California Fire Code - Definitions.
The following words and phrases, as used in this Chapter with regard to the sale of fireworks, are
defined as follows:
"Affiliated organizations" are:
1. Organizations incorporated under the same charter or organization and their auxiliaries if
the auxiliary is incorporated under the same charter;
2. Organizations sharing the same officers and/or place of meetings and/or national parent
organization;
3. Subdivisions and/or fractional divisions, however named or delineated, of organizations;
4. Sub-organizations, one of whose primary purposes is to provide financial and/or staffing
support to a parent non-profit organization.
"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.
"Non-profit organization" shall mean any non-profit association, charity or corporation or a
group which is an integral part of a recognized national organization having such tax-exempt
status or an organization affiliated with and officially recognized by an elementary, junior high
and/or high school and/or school district that serves, in whole or in part, the residents of the City
of Rohnert Park or public and/or private community college, college and/or university which is
located within the boundaries of the City of Rohnert Park.
"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.
"Principal and permanent meeting place"shall include, but not be limited to, a permanent
structure, playing field, or geographic area that services a population which resides in or is
located within the City of Rohnert Park.
"Public display of fireworks" shall mean an entertainment feature where the public is admitted or
permitted to view the display or discharge of fireworks.
"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. State-approved fireworks are
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commonly referred to as safe and sane fireworks. Throughout the remainder of this document
the term state-approved fireworks will be used to denote safe and sane fireworks.
15.28.3308.020 Section 3308.020 Added to 2010 California Fire Code - Manufacturing.
The manufacturing of fireworks is prohibited except under special permits as required by local,
county, or state regulations.
15.28.3308.030 Section 3308.030 Added to 2010 California Fire Code - Sales.
It shall be unlawful for any person to sell state-approved fireworks within the City of Rohnert
Park without having obtained a City of Rohnert Park Fire permit.
15.28.3308.040 Section 3308.040 Added to 2010 California Fire Code - General Prohibition
Against Possession, Sale or Use of Fireworks.
Except as otherwise provided in this chapter, no person shall possess, sell, use, display or
explode any rocket, including but not limited to, Piccolo Pete's, firecrackers, roman candles,
squibs, torpedoes, torpedo canes, wire core sparklers, wooden core sparklers, black cartridges or
other combustible devices or explosive substances or any kind of fireworks, by whatsoever name
known, within the City of Rohnert Park.
15.28.3308.050 Section 3308.050 Added to 2010 California Fire Code - Authorized Sale of
State-Approved Fireworks.
It is unlawful to sell state-approved fireworks within the City of Rohnert Park at any time other
than the following: Between eight a.m. on the thirtieth of June and ending at nine p.m. on
July 4th of the same year.
15.28.3308.060 Section 3308.060 Added to 2010 California Fire Code - Authorized Use of
State-Approved Fireworks.
The ,use of state-approved fireworks may occur beginning on the thirtieth of June and ending on
the fourth of July between the hours of eight a.m. and ten-thirty p.m.
15.28.3308.070 Section 3308.070 Added to 2010 California Fire Code - Prerequisite for
Issuance of Permit.
A. No permit to sell state-approved fireworks shall be issued to any person. This prohibition
excludes non-profit organizations as defined in section 15.28.3308.010.
B. Each such non-profit organization shall have its principal and permanent meeting place
within the City of Rohnert Park limits.
C. No non-profit organization shall submit more than one application for a permit to sell
state-approved fireworks within the City of Rohnert Park. If more than one application is
submitted on behalf of any non-profit organization, including an affiliated organization, all such
requests shall be void. The Fire Code Official will determine whether organizations or groups are
affiliated. Any attempt to transfer an application shall void any and all applications filed by or on
behalf of both the transferor/non-profit organization and the transferee/non-profit organization.
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D. Clean-up deposit. Each non-profit organization shall post a two hundred dollar ($200.00)
clean-up deposit with the application to sell state-approved fireworks within the City of Rohnert
Park. The deposit will be forfeited to the City in the event the permittee fails to remove rubbish
from the designated clean-up area by five p.m. on July fifth. The clean-up area will be assigned
by the Fire Department upon receipt and approval of the application by the non-profit
organization. The clean-up areas are the designated parks and City-owned parking lots within the
City of Rohnert Park. The Director of Public Works or his/her designee will check the clean-up
site and then report their findings to the Fire Department. The Fire Department will make the
final determination if the deposit will be refunded.
15.28.3308.080 Section 3308.080 Added to 2010 California Fire Code - Application for
Permit.
A. All applications for permits to sell state-approved fireworks shall be in writing to the Fire
Code Official. Applications may be filed beginning the first day of April of each year up to and
through the end ofthe work day ofthe last day of May of the same year, at which time the filing
period for that year will be closed. Applications shall set forth the proposed location of the
fireworks stand being applied for, and other information as may be required by the Fire Code
Official.
B. Applications shall include:
1. A written assurance that, if the permit is issued to the applicant, the applicant shall, at the
time of receipt of such a permit, deliver to the Fire Code Official liability insurance in the
amount required by the City.
2. A copy of the requisite State retail sales permit from the Office of the California State
Fire Marshal.
3. A statement of the zoning of the real property on which the fireworks stand is to be
located.
4. A non-refundable application fee in the amount established by resolution of the City
Council. This application fee shall be in addition to any fee or tax imposed by this Chapter or by
City Council resolution.
5. The proposed location of the fireworks stand, the name, address and telephone number of
one or more responsible adults who will be in charge of and. responsible for the fireworks stand
during the period that state-approved fireworks are sold, displayed or stored at such location, and
written permission from the owner of record of the property upon which the stand will be
located.
6. The proposed location of night storage of the fireworks.
7. Documented evidence, either in the form of a certificate or other similar documentation,
that a representative from the non-profit organization attended a state-approved fireworks stand
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operator safety seminar conducted by the Fire Department and/or the licensed fireworks
wholesaler that is supplying the state-approved fireworks to the non-profit organization.
C. Applicants for such permits shall be notified by June 22 of each calendar year by the Fire
Code Official of the approval or disapproval of such applications for such permit. All
organizations whose applications have been approved shall receive their permit at the time their
fireworks booth passes a required fire inspection.
15.28.3308.090 Section 3308.090 Added to 2010 California Fire Code - Denial of
Application.
A. The Fire Code Official shall issue the permit to sell state-approved fireworks unless he or
she finds that:
1. The applicant has failed to provide sufficient plans, information or other data necessary to
render a determination respecting compliance with the requirements of this Chapter; or
2. The applicant is not in compliance with any of the requirements of this Chapter; or
3. The applicant has failed to pay any and all fees and costs required to operate a fireworks
stand in the City of Rohnert Park.
B. Any denial of a permit pursuant to this section may be appealed pursuant to the
procedures set forth in section 15.28.3308.150 of this Chapter.
15.28.3308.100 Section 3308.100 Added to 2010 California Fire Code - Operation of
Fireworks Stand.
A. No person shall knowingly sell fireworks to any person under the age of eighteen.
Proof that the fireworks stand operator/organization demanded, was shown, and acted in reliance
upon bona fide evidence. of age and identity in any sale of fireworks forbidden by this chapter
shall be a defense in any proceedings for suspension or revocation of its state-approved fireworks
permit or any criminal proceedings for violations of this chapter. For purposes of this section,
bona fide evidence of age and identity of purchaser is a document issued by a federal, state,
county or municipal government which contains a photograph of the purchaser including, but not
limited to, a valid California Driver's License or Identification Card issued to a member of the
armed forces.
B. The sale of state-approved fireworks shall begin no earlier than eight a.m. on June thirtieth
and shall not continue after nine p.m. on July fourth of the same year. No person under the age of
eighteen shall sell or participate in the sale of state-approved fireworks at such stand. No person
under the age of eighteen shall be permitted inside the stand during hours of operation.
C. No person other than the permitted nonprofit organization(s) shall operate the stand for which
the permit is issued or share or otherwise participate in the profits of the operation of such stand.
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15.28.3308.110 Section 3308.110 Added to 2010 California Fire Code - Temporary
Fireworks Stand.
All retail sales of state-approved fireworks shall be permitted from within a temporary fireworks
stand, and retail sales from any other building or structure is hereby prohibited. Temporary
stands shall be subject to the following provisions:
No fireworks stand shall be located within twenty-five feet of any other building or within one
hundred feet of any gasoline pump, distribution point of flammable liquid, or
flammable/combustible liquid storage. Location of stands is contingent upon approval of the
location in writing by the Fire Code Official or his/her designee. Fireworks stands need not
comply with the provisions of the Building Code of the City of Rohnert Park. However, all
stands shall be erected under the supervision of the Fire Code Official who shall require that the
firework stands be constructed in a manner which will reasonably ensure the safety of attendants
and patrons. No stand shall have a floor area in excess of three hundred fifty square feet.
Each stand shall have at least two exits. Each stand in excess of forty feet in length shall have at
least three exits spaced approximately equidistant apart. However, in no case shall the distance
between the exits exceed twenty-four feet. Exit doors shall be not less than twenty-four inches
wide and six feet in height and shall swing in the direction of exit travel.
Each stand shall be provided with one 2AIOBC fire extinguisher, in good working order and
easily accessible for use in case of fire.
All retail sales of state-approved fireworks shall be permitted only from within a temporary
stand. Sales from any other building or structure are hereby prohibited.
15.28.3308.120 Section 3308.110 Added to 2010 California Fire Code - General Fireworks
Stand Requirements for Permittees.
All weeds and combustible materials shall be cleared from the location of the fireworks stand to
a distance of at least twenty-five feet surrounding the fireworks stand. All trash resulting from
the operation of the fireworks stand must be removed on a daily basis in accordance with section
15.28.3308.070(D). "NO SMOKING" signs shall be prominently displayed on and in the state-
approved fireworks stand. Additional signs shall be posted in a conspicuous location, on the
stand, that identifies the required minimum age of persons purchasing fireworks; locations where
fireworks are illegal; and restricting the discharge of fireworks near stands.
Each state-approved fireworks stand must have an adult in attendance and in charge thereof
while fireworks are stored therein. Sleeping or remaining in the stand after close of business each
day is forbidden.
All unsold stock shall be removed from the stand and located in an approved storage area
immediately after close of business on each day of operation. In addition, all unsold stock of
fireworks in the hands of the permittee after nine p.m. on the 4th day of July shall be returned to
the wholesaler/distributor within twenty-four hours and removed from the City of Rohnert Park
within ten days. On closing of the state-approved fireworks stand, all litter shall be removed
from the premises.
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Each state-approved fireworks stand must have available in an accessible place inside the stand
its permit to sell state-approved fireworks, its State Fire Marshal Retail Sales Permit and proof of
its required insurance.
No person shall smoke within twenty-five feet of the state-approved fireworks stand.
No person shall light, cause to be lighted or permit to be lighted any state-approved fireworks or
combustible material within fifty feet of any state-approved fireworks stand.
15.28.3308.130 Section 3308.130 Added to 2010 California Fire Code - Supervision of
Minors.
It shall be unlawful for any person having the care, custody or control of a minor (under eighteen
years old) to permit such minor to discharge, explode, fire or set off any dangerous, illegal
fireworks, at any time, or to permit such minor to discharge or set off any state-approved
fireworks unless such minor does so under the direct supervision of a person over eighteen years
of age and during the time period permitted by this Chapter.
15.28.3308.140 Section 3308.140 Added to 2010 California Fire Code - Transportation of .
State-Approved Fireworks.
Wholesalers of fireworks must obtain a permit to deliver fireworks into the City in accordance
with provisions of the California Health and Safety Code. No deliveries maybe made on or after
July 4 of each year. .
15.28.3308.150 Section 3308.150 Added to 2010 California Fire Code - Revocation of
Permit--Appeal.
The Fire' Code Official may revoke the permit of any permittee who violates any of the
provisions of this Chapter. Such revocation shall not occur prior to (1) the permittee being
notified of the alleged violation and provided an opportunity to request a hearing; and (2) a
hearing taking place before the City Manager, if requested by the permittee. If the revocation
occurs between June 22nd and July fourth, the Fire Code Official shall inform the permittee that
the permittee may seek review of the Fire Code Official's decision by the City Manager on the
next business day.
At the earliest opportunity on the next business day after the revocation, the Fire Code Official
shall provide the City Manager with written notice of the permittee's alleged violation, including
the name of the permittee and a brief statement of the grounds for potential revocation. The City
Manager shall meet with the permittee and the Fire Code Official on that day, upon the
permittee's request, to review the Fire Code Official's decision. The decision of the City
Manager shall be final."
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060( c )(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
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activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstances is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction or preempted by state legislation, such decision or legislation 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 hereof not declared invalid or unconstitutional without regard to any such decision or
preemptive legislation.
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This ordinance of the City of Rohnert Park shall be effective on January 1, 2011. Before the
expiration of fifteen (15) days after its passage, this ordinance, or a summary thereof as provided
in California Government code Section 36933, shall be published at least once in a newspaper of
general circulation, published and circulated in the City of Rohnert Park, along with the names of
the members. of the City Council voting for and against its passage.
This ordinance was introduced by the City Council of the City of Rohnert Park onOctober :;>'6,
2010 and adopted onNovember ?:201O by the following roll call vote:
AYES:
Five (5) Council Members Belforte, Breeze, Callinan, Mackenzie, and
Mayor Stafford
NOES:
None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
ATTEST:
~~~.- 1/,~,,~1I};L7Jil'9
'€rty Clerk
APPROVED AS 0 FORM:
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