2013/11/26 City Council Ordinance 871ORDINANCE NO. 871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADOPTING BY REFERENCE THE 2013 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 2013 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 2013 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
any one 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
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 2013 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
15.28.505.1
15.28.505.1.1
15.28.507.5.1
15.28.507.5.1.1
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
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Chapter 15.28
FIRE CODE
Adoption of the 2013 California Fire Code.
2013 California Fire Code Amended.
Penalty.
Section 101.5 of 2013 California Fire Code Amended — Applicable
Standards.
Section 103.1.1 of Chapter 1 Division II of the 2013 California Fire
Code Added — Fire Code Official.
Section 104.3 of Chapter 1 of 2013 California Fire Code Amended —
Right of Entry.
Section 104.11.4 of Chapter 1, Division II of the 2013 California Fire
Code Added — Emergency Response Penalty.
Section 105.1.1 of Chapter 1, Division II of the 2013 California Fire
Code Added — Additional Required Fire Permits.
Section 105.2 of Chapter 1, Division II of the 2013 California Fire Code
Amended — Application for Permit; Fees.
Section 108.1 of Chapter 1, Division II of the 2013 California Fire Code
Added — Appeals Process.
Section 304.2.1 of the 2013 California Fire Code Added — Defensible
space. Neighboring Property.
Section 505.1 of the 2013 California Fire Code Amended — Address
Numbers.
Section 505.1.1 of the 2013 California Fire Code Added —
family dwellings.
Section 507.5.1 of the 2013 California Fire Code Amended
Hydrants and Fire Mains Required.
Section 507.5.1.1 of the 2013 California Fire Code Added
Fire Department Connection required.
Section 901.6.1.1 Added to 2013 California Fire Code
Alarm.
Section 901.6.1.2 Added to 2013 California Fire Code — New Alarm
Installations.
One and two
— Where Fire
— Hydrant for
— False Fire
Section 901.6.1.3 Added to 2013 California Fire Code —
Alarms, Determining Responsibility.
Section 901.6.1.4 Added to 2013 California Fire Code
Alarms, Determining Responsibility.
Section 902.1 Added to 2013 California Fire Code — Definit
Section 903.2 of 2013 California Fire Code Amended
Sprinkler System.
Commercial
— Residential
ions.
— Automatic
15.28.903.2.110
15.28.903.2.130
15.28.903.3.1
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
15.28.907.2.100
15.28.B105.1
15.28.B105.2
15.28.B105.3
15.28.0105.1.
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
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Section 903.2.110 Added to 2013 California Fire Code — Additions,
Remodels, Alterations, Repairs.
Section 903.2.130 Added to 2013 California Fire Code — Changes of
occupancy.
Section 903.3.1 is amended the to 2013 California Fire Code — Design
Criteria.
Section 903.3.1.1 Added to 2013 California Fire Code — Installation
Requirements.
Section 903.3.1.1.1 of 2013 California Fire Code Deleted.
Section 903.3.1.2 of 2013 California Fire Code Deleted.
Section 903.4 of 2013 California Fire Code Amended — Sprinkler
System Monitoring and Alarms.
Section 903.4.1 of 2013 California Fire Code Amended — Signals.
Section 903.4.2 of 2013 California Fire Code Amended — Alarms.
Section 907.2 of 2013 California Fire Code Amended — Required Fire
Alarm Installations.
Section 907.2.8.1 of 2013 California Fire Code Amended — Exception
2.2.
Section 907.2.9 of 2013 California Fire Code Amended — Exception 2.2.
Section 907.2.100 Added to 2013 California Fire Code — Horn Strobe
Required
Section B105.1 of Appendix B of 2013 California Fire Code Amended —
One and Two Family Dwellings.
Section B105.2 of Appendix B of 2013 California Fire Code Amended —
Buildings Other than One and Two Family Dwellings.
Table B105.1 of Appendix B, Footnote A, of 2013 California Fire Code
Deleted.
Table C105.1 of Appendix C of 2013 California Fire Code, Footnotes f
and g Added.
Section D103.2 of Appendix D of 2013 California Fire Code Amended —
Grade.
Section D103.3 of Appendix D of 2013 California Fire Code Amended —
Turning Radius.
D103.4 of Appendix D of 2013 California Fire Code Amended — Dead
Ends.
Table D103.4 of the 2013 California Fire Code Deleted.
D103.6 of Appendix D of 2013 California Fire Code Amended — Signs.
Sections D103.6.1 and D103.6.2 of 2013 California Fire Code Deleted.
Section D106.1 of Appendix D of 2013 California Fire Code Amended —
Projects Having More than 50 Dwelling Units.
Section 3302.010 Added to 2013 California Fire Code — Definitions.
Section 3308.020 Added to 2013 California Fire Code — Manufacturing.
Section 3308.030 Added to 2013 California Fire Code — Sales.
Section 3308.040 Added to 2013 California Fire Code — General
Prohibition Against Possession, Sale or Use of Fireworks.
15.28.3308.050
15.28.3308.060
15.28.3308.070
15.28.3308.080
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 3308.050 Added to 2013 California Fire Code —
of State- Approved Fireworks.
Section 3308.060 Added to 2013 California Fire Code
of State - Approved Fireworks.
Section 3308.070 Added to 2013 California Fire Code —
Issuance of Permit.
Section 3308.080 Added to 2013 California Fire Code
Permit.
Section 3308.090 Added to 2013 California Fire Code — Denial of
Application.
Section 3308.100 Added to 2013 California Fire Code — Operation of
Fireworks Stand.
Section 3308.120 Added to 2013 California Fire Code — Temporary
Fireworks Stand.
Section 3308.110 Added to 2013 California Fire Code — General
Fireworks Stand Requirements for Permittees.
Section 3308.130 Added to 2013 California Fire Code — Supervision of
Minors.
Section 3308.140 Added to 2013 California Fire Code — Transportation
of State - Approved Fireworks.
Section 3308.150 Added to 2013 California Fire Code — Revocation of
Permit -- Appeal.
Authorized Sale
— Authorized Use
Prerequisite for
— Application for
15.28.010 Adoption of the 2013 California Fire Code.
The California Fire Code, 2013 Edition, based on the 2012 International Fire Code, as adopted
and /or amended by the office of the California State Fire Marshal's Office, including all indices
and appendices A through K, and Chapters 1 - 67 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 2013 California Fire Code and may be cited and referred to as
such. For purposes of citation, the 2013 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 B105.1 of the 2013 California Fire Code shall be respectively cited as
Sections 15.28.101.1 and 15.28.B105.1).
15.28.020 2013 California Fire Code Amended.
The 2013 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 2013 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
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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 of the 2013 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.
15.28.104.3 Section 104.3 of Chapter 1 of 2013 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 2013 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 2013 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 2013 California Fire Code
Added — Additional Required Fire Permits.
The Director of Public Safety 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 2013 California Fire Code
Amended - Application for Permit; Fees.
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All applications for a permit required by this Chapter shall be made to the Fire Division of the
Department of Public Safety or Building Department 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 2013 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.
15.28.304.2.1 Section 304.2.1 of the 2013 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.
15.28.505.1 Section 505.1 of the 2013 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. Size and location of the Address Numbers
shall be approved by the Fire Code Official.
15.28.505.1.1 Section 505.1.1 of the 2013 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.
15.28.507.5.1 Section 507.5.1 of the 2013 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.
15.28.507.5.1.1 Section 507.5.1.1 of the 2013 California Fire Code Amended — Hydrant for
Fire Department Connection required.
A fire hydrant shall be located within 50 feet of a Fire Department Connection, and shall be
located / separated by a driveway to a building access, or approved by the Fire Code Official.
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15.28.901.6.1.1 Section 901.6.1.1 Added to 2013 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 or consecutive period, as
prescribed in the Fee Schedule established or amended by resolution.
15.28.901.6.1.2 Section 901.6.1.2 Added to 2013 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 2013 California Fire Code — Commercial
Alarms, Determining Responsibility.
In determining responsibility for commercial alarms, the persons who contract 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 2013 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 contracts with the alarm company for service to the system.
15.28.902.1 Section 902.1 Added to 2013 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 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 2013 California Fire Code Amended — Automatic Sprinkler
System.
An automatic sprinkler system shall be installed and maintained in all newly constructed
buildings.
Exceptions:
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1. Detached Group U occupancies 1000 sq. ft. or less, as approved by the Fire Code
Official.
2. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool
and limited to a single bathroom.
3. Detached non - combustible motor vehicle fuel dispensing canopies classified as a
Group M occupancy.
4. Detached Car Ports of non- combustible construction with no habitable space
above.
5. Detached Group B or M occupancies 500 sq. ft or less.
15.28.903.2.110 Section 903.2.110 Added to 2013 California Fire Code — Additions,
Remodels, Alterations or Repairs.
1. An automatic fire sprinkler system shall be provided in an existing one- or two - family
dwelling when additions increase the area by 50% or more calculated by existing gross floor
area.
2. An automatic fire sprinkler system shall be provided in an existing non - residential building
when additions increase the area by 25% or more calculated by existing gross floor area.
3. Additions to existing Group R, Division 1 occupancies that result in additional guest rooms
or dwelling units, the building shall meet the requirements for a newly constructed building.
4. For remodels, alterations or repairs to an existing building involving demolition, removal or
repair of more than 50% of the structure (to include walls, columns, beams or girders, floor
or ceiling joists and coverings, roof rafters, roof diaphragms, foundations or similar
components), the building shall meet the requirements for a newly constructed building. For
the purpose of applying this section, the following criteria shall be considered in the 50%
threshold evaluation:
a. The removal or demolition of more than 50% of the exterior or interior weight -
bearing walls. Or,
b. Removal of the roof structure or ceiling thereby permitting installation of
overhead piping. Or,
c. Removal of interior tenant improvements reducing the building to a "shell"
condition shall require the future build -out to comply with fire sprinkler
requirements.
Exception: Alterations or additions made solely for the purpose of complying with the
Americans with Disabilities Act.
5. The percentage of work shall be determined and added to any successive remodels that may
occur within a subsequent three (3) year period. If the combined percentage totals 50% or
more, this work shall constitute a substantial improvement and the building shall be subject
to the fire sprinkler requirement.
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6. Any combination of items above where the improvements equal or exceed fifty percent
(50 %) of the structure, the entire building shall meet the requirements for a newly
constructed building.
15.28.903.2.130 Section 903.2.130 Added to 2013 California Fire Code — Changes of
occupancy.
When the Fire Code Official determines, based on life and fire risk, that a proposed use or
occupancy classification is more hazardous than an existing use or occupancy classification,
including the conversion of residential buildings to condominiums, then no change of use or
occupancy shall be made unless such structure is made to comply with the requirements for a
newly constructed building.
15.28.903.3.1 Section 903.3.1 2013 California Fire Code Amended — 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 2013 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 of 2013 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 2013 California Fire Code Deleted.
Section 903.3.1.2 is deleted in its entirety.
15.28.903.4 Section 903.4 of 2013 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 of 2013 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
station as defined in NFPA 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 of 2013 California Fire Code Amended — Alarms.
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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 2013 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 2013 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 2013 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.
15.28.907.2.100 Section 907.2.100 Added to the 2013 California Fire Code — Horn Strobe
Required
An exterior horn / strobe alarm device is required to be installed in all buildings with fire
sprinkler systems. The horn / strobe alarm shall be located proximal to the Fire Sprinkler Riser,
or as approved by the Fire Code Official.
15.28.B105.1 Section B105.1 of Appendix B of 2013 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 at 20
psi. 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 B105.1.
15.28.B105.2 Section B105.2 of Appendix B of 2013 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 B105.1 of the 2013 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 B105.1.
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15.28.B105.3 Table B105.1 of Appendix B, Footnote A, of 2013 California Fire Code
Deleted.
Table B105.1 of Appendix B, Footnote A is deleted in its entirety.
15.28.C105.1 Table C105.1 of Appendix C of 2013 California Fire Code, Footnotes f and g
Added.
Footnotes f and g are added to Table C105.1 of Appendix C of the 2013 California Fire Code to
read:
Table C105.1, Footnote f:
For commercial, industrial and multifamily residential buildings, average spacing shall be
no greater than 300 feet.
Table C105.1, 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 2013 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.D103.3 Section D103.3 of Appendix D of 2013 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 D103.4 of Appendix D of 2013 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 D103.4.1 of 2013 California Fire Code Deleted.
Table D103.4.1 is deleted in its entirety.
15.28.D103.6 D103.6 of Appendix D of 2013 California Fire Code Amended — Signs.
Where required by the Fire Code Official, fire apparatus access roads shall be marked with
permanent NO PARKING -FIRE LANE signs complying with the California Vehicle Code.
15.28.D103.6.1 Sections D103.6.1 and D103.6.2 of 2013 California Fire Code Deleted.
Sections D103.6.1 and D103.6.2 of the 2013 California Fire Code are deleted in their entirety.
15.28.D106.1 Section D106.1 of Appendix D of 2013 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 2013 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,
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Subchapter 6, which are hereby incorporated by reference. State - approved fireworks are
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 2013 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 2013 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 2013 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 2013 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 2013 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 2013 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 2013 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 of the work day of the 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 2013 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 2013 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 2013 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 2A1OBC 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 3308.120 Added to 2013 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 4t1) 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 2013 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 2013 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 may be made on or after
July 4 of each year.
15.28.3308.150 Section 3308.150 Added to 2013 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, 2014. 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 on October 22,
2013 and DULY AND REGULARLY ADOPTED this 2e Day of November, 2013 by the
following vote:
AYES:
NOES:
ABSENT:
FOUR (4) Council Members Ahanotu, Belforte, Callinan and Mayor Stafford
ONE (1) Council Member Mackenzie
NONE (0)
ABSTAIN: NONE (0)
ATTEST:
JrAi ne Buergler,
API?ROVE
Jy
its Clerk
ty Attorney
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CITY OF ROHNERT PARK
Pam Stafford, Mayor