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2016/11/22 City Council Ordinance 902ORDINANCE NO. 902 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE, AS AMENDED TO REFLECT LOCAL CONDITIONS, REPEALING CHAPTERS 15.04 THROUGH 15.30 AND 15.36 OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE ROHNERT PARK MUNICIPAL CODE AND ADDING SECTION 15.04 (GENERAL PROVISIONS AND PENALTIES), 15.08 (BUILDING CODE), 15.12 (RESIDENTIAL CODE), 15.16 (ELECTRICAL CODE), 15.18 (MECHANICAL CODE), 15.20 (PLUMBING CODE), 15.22 (ENERGY CODE), 15.24 (EXISTING BUILDING CODE), 15.26 (GREEN BUILDING STANDARDS CODE), 15.28 (FIRE CODE), AND 15.30 (ADMINISTRATIVE CITATIONS FOR FIREWORKS) TO TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, the City is responsible for local enforcement of the California Building Standards Code, also known as California Code of Regulations, Title 24; WHEREAS, the California Building Standards Code is updated by the California Building Standards Commission approximately every three years based upon published model codes specified in the California Health and Safety Code; WHEREAS, local jurisdictions responsible for enforcement of the California Building Standards Code must enact local administrative regulations in order to implement the California Building Standards Code; WHEREAS, on or before July 1, 2016, the California Building Standards Commission published the 2016 California Building Standards Code; WHEREAS, on January 1, 2017, the building standards and regulations contained in the 2016 California Building Standards Code become effective and applicable throughout the State of California; WHEREAS, it is sometimes necessary to amend the California Building Standards Code as allowed per the California Health and Safety Code due to climatic, geological, or topographical local conditions; WHEREAS, the appendices of any parts of the California Building Standards Code only apply to a local jurisdiction if specifically adopted by that agency or when specified by state law; WHEREAS, it is necessary to authorize the Building Official to require that licensed building contractors perform specified work when public health and safety is at risk; and WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field which has been fully occupied by state law, including the California Building Standards Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Findings. The City Council finds that: A. A public meeting introducing the proposed amendments to the Municipal Code was held by the City Council on November 8, 2016. B. In accordance with CEQA Section 15061(b) (3), this is not a project subject to CEQA in that there is no possibility that the activity in question may have a significant effect on the environment. C. This ordinance is enacted pursuant to and in compliance with Health & Safety Code Sections 17958.5, 17958.7, and as expressly permitted in Government Code Section 50022.2 to make local amendments to the California Building Standards Code. D. As required Health and Safety Code 17958.7 (a), the amendments to the California Building Standards Code adopted by this ordinance and as described in Chapters 15.08 through 15.30 are necessary for the protection of the public health, safety and welfare due to the local climatic, geologic or topographical conditions as described in findings 1 through 8 below. Modification of California Building Code (CBC) Section 501.2 and California Fire Code (CFC) Sections 505.1, 505.1.1, 505.1.2, and 505.1.3 is necessary since due to the many street cul-de-sacs within the City and the distance between emergency response facilities, clearly visible street numbers on buildings, at all hours, are of necessity. 2. Modification of CBC Chapter 9, California Residential Code (CRC) Sections R313.2, R313.2.1, and R313.2.2 is necessary since the City is bisected by Highway 101 and the Sonoma Marin Area Rail Transit (SMART) rail corridor. The railroad and freeway create barriers, which obstruct traffic patterns and delay response time for fire equipment, and create the need for greater use of fire suppression systems. 3. Modification of CBC Section 1503.7, CRC Appendix Chapters H, J and V is necessary because the soil conditions within the City are highly expansive, thereby creating the potential for damage to building foundations as well as concrete slabs. Means are required to keep rainwater away from foundations and slabs, which would exacerbate expansive conditions and potentially damage structures. 4. Modification of CBC Section 1705A.13.5 is necessary because the City is located in a highly active seismic fault zones that has the potential of causing severe ground movement, ground shaking, ground failure, land siding, lateral spreading and ground liquefaction. Damage to buildings and infrastructure in the City could be quite severe. Additional inspections for seismic construction are a necessity. 5. Modification of CBC Sections 1808.6.2.1 and 1907.2 is necessary because the City experiences an unusually high water table, subjecting concrete slabs to excessive hydraulic pressure also resulting in the potential flooding within foundation crawl spaces. Page 2 Ord. 902 6. Modification of California Electrical Code (CEC) Section 230.79(C) is necessary because the City is bisected by Highway 101 and the SMART rail corridor. The railroad and freeway create barriers, which obstruct traffic patterns and delay response time for fire equipment, and create the need for upgrade to ageing and undersized electrical systems. 7. Modification of California Plumbing Code (CPC) Sections 301.2.6 and 604.1 is necessary because the soils within the City are considered acidic, creating a deleterious effect on metal piping placed underground. 8. Modification of CPC Appendix Chapters A, B, D, and I is necessary because water conservation is important in the region due to local geography and climate. Having alternatives for pipe sizing, use of gray water, and use of recycled water will help to conserve our water resources. 9. Modification of CFC Sections 320, 320.1, 903.2, 903.2.20, 903.2.21, and 5614.1 through 5614.13 is necessary because 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. 10. Modification of CFC Sections 202, 901.6.1.1 through 901.6.1.4, 907.2, 907.2.9, and Appendix Chapters A through N is necessary because 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. 11. Modification of CFC Sections 507.5.1, 903.3.1, 903.3.1.1, 903.3.1.1.1 exemption, 903.3.1.2, 903.4, 903.4.1, 903.4.2.1, B 105. 1, B 105.2, Table B 105.2 footnotes, , Table C102.1, D103.2 through D103.4, D103.6, D106.1, D106.2, 5601.1.1.3(5), 5602. 1, Chapter 80, NFPAI3D, Section 5.1.1.2 and Chapter 80, NFPAI3D, Section 8.2.4.1 is Page 3 Ord. 902 necessary because the City is divided by Highway 101 and the SMART rail corridor. 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. While it is clearly understood that the adoption of the amendments to the California Building Standards Code and the adoption of Ordinances may not prevent the incidence of fire or potential building hazards, it is noted the implementation of these various amendments will reduce the severity and potential loss of life and loss of property. The following revisions to the Rohnert Park Municipal Code are made based on the findings set forth above and the record of proceedings for consideration of this Ordinance. SECTION 2. Chapter 15.04, "General Provisions and Penalties" of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.04 - General Provisions and Penalties Section 15.04.010 - Local administrative authority defined. Excepting California Building Code Appendix J—Grading, which is administered by the city engineer, and State Fire Marshal regulated sections of California Building Code and California Residential Code, which is administered by the fire code official, whenever the term "local administrative authority" or "authority having jurisdiction" is used in the codes adopted by Chapters 15.04 through 15.32, excepting Chapters 15.28 and 15.30, in reference to a local official charged with the responsibility of carrying out the regulations adopted by said code, such local official shall be the building official. Said building official shall have all authority given to such official by said code. Section 15.04.020 - Penalties for violation. In addition to any other penalties that may be provided at law, any person, firm, corporation, or other entity violating any of the provisions of Chapters 15.04 through 15.32, or any of the provisions of the codes, as amended, adopted by reference in Chapters 15.04 through 15.32, is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed six months, or both. In the discretion of the citing officer, the penalties set forth above may not apply to violations of Chapters 15.04 through 15.32 where more specific penalty provisions exist. Every such violation shall be deemed a separate offense for each day or portion thereof during which such violation continues. Section 15.04.030 - References to prior code. Page 4 Ord. 902 Unless superseded and expressly repealed, references in the local jurisdictions forms, documents and regulations to the Chapters and Sections of the past adopted regulations of the Rohnert Park Municipal Code, Title 15 - Building and Construction shall be construed to apply to the corresponding provisions contain within the currently adopted Rohnert Park Municipal Code, Title 15 - Building and Construction and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed. Section 15.04.040 - Adopted - Administrative provisions. "2016 California Building Code, Chapter 1, Division II - "Scope and Administration," adopted in its entirety: The provisions of the 2016 California Building Code, Chapter 1, Division II - Scope and Administration is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter, and shall apply to all locally enforced parts of California Code of Regulations, Title 24." Section 105.8 - Added - Permit application date. Subject to California Building Code, Chapter 1, Division I Section 1.1.9 - Effective date of this code, only those standards approved by the California Building Standards Commission and amended by Rohnert Park Municipal Code, Title 15 - Building and Construction that are effective at the time an application for building permit is submitted shall apply to the plans and specifications for, and to the construction performed under, that permit. Production home permit application submissions for which a master home permit application has been submitted to the enforcing agency, which contains all required documents referenced in the local jurisdiction's Residential Plan Submittal Requirements Guidelines, prior to the effective date of any new code may not be required to comply with such new code, but that of the code effective when the master home permit application was submitted, provided the master home permit application is submitted within one year of the effective date of the new code. Section 109.6 - Added - Refunds. Refunds of fees paid may be made, subject to the following: A. Applications for refunds must be made in writing to the building official within one hundred eighty (180) days of the date the fee is paid. All applicants made after one hundred eighty (180) days will be rejected. Page 5 Ord. 902 B. One hundred per cent (100%) of a fee erroneously paid or collected may be refunded. C. Ninety percent (90%) of the plan review fee may be refunded when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled or expires or becomes void before any plan review effort has been expended. No portion of the plan review fee shall be refunded when any plan review effort has been performed. D. Ninety percent (90%) of the building, plumbing, electrical, and/or mechanical permit fee may be refunded when a permit for which some or all of these permit fees have been paid is withdrawn or cancelled or expires or becomes void before any work was done and before any inspections are performed. No portion of these fees shall be refunded when any work was done and/or any inspections have been performed. E. The building official may authorize the refund of all or part of a fee in order to correct an error by the department. The details of such a refund shall be retained in project file. Section 109.7 - Added - Fee adjustments. Any adjustments to fees are subject to the following: A. Application for a fee adjustment must be made in writing to the building official within thirty (30) days of the date the fee is issued. B. The building official may authorize the adjustment of all or part of a fee in order to correct an error by the department. The details of such an adjustment shall be retained in project file. Section 109.8 - Added - Fee collections. Any unpaid fees shall be subject to the same collection measures outlined in Section 1.27 of this Title. Section 110.7 - Added - Concealed construction. Any and all portions of work covered or concealed without authorization by the building official shall be uncovered or unconcealed to allow for inspections set forth in Sections 110.3.1 - 110.3.10. The local jurisdiction's "Concealed Construction Verification Guidelines" shall be used to determine compliance with this section. Page 6 Ord. 902 Section 113.4 - Added - Appeals applications. All applications for appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be subject the local jurisdiction's "Board of Appeals (Building Department) Guidelines" as prepared by the building official and fees as outlined in the Building Plan Check, Inspection and Permit Fees Schedule as established or amended by City Council resolution. Section 114.2 - Amended - Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Method of service shall be subject to Section 116.4. Section 114.3 - Added - Prosecution of violation. Added after first paragraph. In addition if the notice of violation is not complied with within thirty (30) days the local jurisdiction may deem the structure unsafe and subject to the terms of Section 116. Section 114.4 - Amended - Violation penalties. All persons and construction shall be subject to the following: A. Any and all portions of work shall be complete and free of correction notices and or violations prior to the expiration of the permit or certificate authorizing said work or occupancy. The local jurisdiction's Outstanding Correction Notifications and Expired Permits or Certificates Guidelines shall be used to determine compliance with this section and the applicability of fines for non- compliance. B. Any and all portions of work completed without required permits shall be charged a fine of twice the cost of the plan review and inspection fee. C. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or Page 7 Ord. 902 certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. Section 114.5 - Added - Fee or fine adjustments. Any adjustments to fines are subject to the following: A. Application for a fine adjustment must be made in writing to the building official within thirty (30) days of the date the fine is issued. B. The building official may authorize the adjustment of all or part of a fine in order to correct an error by the department. The details of such an adjustment shall be retained in project file. Section 114.6 - Added - Fine collections. Any unpaid fines shall be subject to the same collection measures outlined in Section 1.27 of this Title. Section 117.1 - Added - Licensed contractor required When a permit is taken out by the property owner or their authorized representative both of which are without a valid California contractor's license, the building official is authorized to require the work, or portion of work, authorized by a the permit to be performed by a licensed California contractor if the building official determines the public safety and welfare is at risk." SECTION 3. Chapter 15.08, "Building Code" of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.08 - Building Code 15.08.010 - Adopted - 2016 California Building Standards Code, Title 24, Part 2, "California Building Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2, incorporating the International Building Code, 2015 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. Section 501.2 - Amended - Address Numbers. Page 8 Ord. 902 Address numbers shall meet the requirements specified in Section 15.28.505.1.1- 15.28.505.1.3 of this Title. Section 1503.7 - Added - Splash Protection. All buildings of Group R Occupancy shall include a concrete landing at the exterior of garage side doors. The landing area shall be a minimum of nine sq. ft. (3'x3'). Group R and U structures shall include rain gutters, downspouts, rain leaders and splash blocks. Section 1705A.13.5 - Added - Special seismic inspector. Third -Party Inspection. All new structures consisting of R-1, R-3 & R-6 Occupancies or A, B, E, F, H, I, M Occupancies with an occupant load of fifty or greater, shall employ a third -party inspector for the purpose of inspecting the components of the lateral load system. Third -party inspectors, similar to special inspectors as required elsewhere in Chapter 17A, shall be approved by the building official. All costs associated with the special seismic inspection process shall be borne by the developer. Section 1808.6.2.1 - Added - Slab -on -grade foundations. A. Unless conforming to Section 1808 in its entirety and other than pre- or post -tensioned slabs and engineered pier and grade beam foundations systems, buildings utilizing slab on grade construction shall be constructed on a building pad consisting of a minimuszh of thirty inches of engineered non -expansive fill material meeting the requirements of Table 1 below. The building pad area to receive the engineered non - expansive fill shall include an area at least five feet beyond the outside edge of the building foundation. The building pad area shall be over excavated to the proper depth and the grade scarified to a minimum depth of eight inches and shall be moisture conditioned and re - compacted to a minimum of ninety percent over optimum. The engineered non -expansive fill shall be placed in lifts not exceeding eight inches, brought to near optimum moisture content and compacted to a minimum of ninety percent of maximum dry density at or within two percent of the optirrium moisture content. The depth of the engineered non -expansive fill shall be increased as necessary to maintain a minimum of twelve inches of the engineered non -expansive fill material under all footings, unless determined otherwise by the soils report/geotechnical engineer and approved by the building official. Lime treatment is an acceptable alternative to engineered non -expansive fill, providing that it is described within the project geotechnical report as an allowable alternative. Table 1. Non -expansive Fill Requirements Page 9 Ord. 902 Plasticity Index less than 13 Liquid Limit Percent Soil Passing #200 Sieve Maximum Aggregate Size Maximum Dry Density Page 10 Ord. 902 less than 50 between 5% & 45% 3 inches as determined by ASTM -D1557 test procedures B. Except for residential additions of five hundred square feet or less and Group U buildings of five hundred square feet or less, all foundation designs shall reference a current site specific soils investigation report. The allowable area requirements of this subsection may be increased to one thousand square feet for R-3 construction when a request is submitted in writing to the building official and the building official approves such request. Section 1907.2 - Added - Nonstructural concrete minimum reinforcement. All nonstructural concrete slabs within the building the building envelope are subject to the following. All slabs shall have a minimum reinforcement of #3 rebar placed eighteen inches on center, each way. Reinforcement shall be placed on suitably sized supports, concrete cubes, or similar material approved by the building official, so as to suspend the reinforcement to mid plane in the slab. All exterior concrete slabs shall have weakened plane joints at a maximum of ten feet intervals each way. 2. All slabs shall have a minimum sand or approved rock base cushion of not less than four inches in thickness placed immediately below the slab." Exception: Sidewalks and surfaces required under Section 1503.7 - Splash Protection." Section 15.08.020 - Fire protection systems. Fire protection systems must comply with the requirements specified in Chapter 15.28 of this title. To the extent there is any conflict between the provisions of Chapter 15.28 of this title and the provisions of Chapter 9 of the 2016 California Building Standards Code, the provisions of Chapter 15.28 of this title shall govern. Section 15.08.030 - Appendix Chapters Added. Appendix Chapter I, Patio Covers and Appendix Chapter J, Grading shall be considered as part of the body of the code as adopted in Section 15.08.010." SECTION 4. Chapter 15.10, "Residential Code" of the Rohnert Park Municipal Code is repealed. SECTION 5. Chapter 15.12, "Residential Code" is added to the Rohnert Park Municipal Code as follows: "Chapter 15.12 - Residential Code Section 15.12.0 10 - Adopted - 2016 California Building Standards Code, Title 24, Part 2.5, "California Residential Code." The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code, 2015 edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. When there is a conflict with or omission of the provisions of the Division II - Administration and that of Section 15.04 of this title, the provisions of Section 15.04 of this title shall govern. Section R313.2 - Amended - One- and two-family dwellings automatic fire systems. An automatic sprinkler system shall be installed and maintained in all newly constructed one and two family dwellings and accessory structures thereto, including U and S occupancies. Exceptions: 1. Detached Group U occupancies 1000 sq. ft. or less in floor area. 2. Detached pool houses 1000 sq. ft. or less in floor area within 50 feet of the pool and limited to a single bathroom. Section R313.2.1 - Added - Additions and alterations. Sprinkler systems shall be installed as required when California Fire Code, Section 903.3.21 and Chapter 15.28 of this title are exceeded. Section R313.2.2 - Added - Design and Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section R313 or NFPA 13D. Section 15.12.020 - Appendix Chapters Added. Page 11 Ord. 902 Appendix Chapter H, Patio Covers and Appendix Chapter J, Existing Buildings and Structures and V, Swimming Pool Safety Act shall be considered as part of the body of the code as adopted in Section 15.12.010." SECTION 6. Chapter 15.16, "Electrical Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: "Chapter 15.16 - Electrical Code Section 15.16.010 — Adopted - 2016 California Building Standards Code, Title 24, Part 3, "California Electrical Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the "National Electrical Code," 2014 Edition, published by the National Fire Protection Association, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. Sections 230.79(C) - Amended - One- or Two -Family Dwelling. For a one -family dwelling or two-family dwellings, the service disconnecting means shall have a rating of not less than 100 amperes, with an enclosure and bus bar rating of not less than 200 amperes, 3 -wire. The service disconnecting means, enclosure, and bus bar combination may require upgrades when any of the following requirements are exceeded: 1. When any other permit is applied for and the existing main service enclosure was manufactured by Federal Pacific or Zinsco. 2. When Five (5) or more circuits are modified. 3. When any secondary power source is added. 4. When an addition increases the existing gross floor area by 50% or more. 5. When a remodel, alteration or repair to an existing building includes demolition, removal or repair of more than 50% of the structure (including walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations or similar components). For the purpose of applying this section, the following criteria shall be considered in the 50% threshold evaluation: Page 12 Ord. 902 a. The removal or demolition of more than 50% of the exterior or interior load bearing walls. b. Removal of the roof structure or ceiling thereby permitting installation of new circuits. Note: The rating requirements of the bus bar and enclosure for the service disconnecting means do not require the main service entrance conductors to be upgraded as long as the main service disconnect is rated to match the rating and sizing of the existing main service entrance conductors. Section 15.16.020 - Added - Article 91 - Administration and Enforcement. Annex H - Administration and Enforcement, excepting articles 80.15 and 80.27, of the Appendix to the California Electrical Code is adopted. Annex H is retitled as Article 91 - Administration and Enforcement. When there is a conflict with or omission of the provisions of this section and that of Section 15.04 of this title, the provisions of Section 15.04 of this title shall govern." SECTION 7. Chapter 15.18, "Mechanical Code" is added to the Rohnert Park Municipal Code as follows: "Chapter 15.18 - Mechanical Code Section 5.18.0 10 - Adopted - 2016 California Building Standards Code, Title 24, Part 4, "California Mechanical Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the "Uniform Mechanical Code," 2015 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference. When there is a conflict with or omission of the provisions of the Division II - Administration and that of Section 15.04 of this title, the provisions of Section 15.04 of this title shall govern." SECTION 8. Chapter 15.20, "Plumbing Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: Page 13 Ord. 902 "Chapter 15.20 - Plumbing Code Section 15.20.010 - Adopted - California Building Standards Code, Title 24, Part 5, "California Plumbing Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the "Uniform Plumbing Code," 2012 Edition, published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference. When there is a conflict with or omission of the provisions of the Division II - Administration and that of Section 15.04 of this title, the provisions of Section 15.04 of this title shall govern. Sections 301.2.6 - Added - Water supply materials All underground service supply lines shall be of non-metallic material consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable protection, approved by the building official, is provided. Section 604.1 - Amended - Pipe, Tube, and Fittings. Material for building water piping shall comply with the applicable standard referenced in Table 604.1. All underground service supply lines shall be of non-metallic material consisting of either polyethylene, minimum class 160, Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable protection, approved by the building official, is provided. Section 15.20.020 - Added - Appendix Chapters. Appendix Chapter A, Sizing Water Supply, Appendix Chapter B, Explanatory Notes on Combination Waste & Vent Systems, Appendix Chapter D, Sizing Storm - Water Systems and Appendix Chapter I, Installation Standards, of the Appendix to the 2016 California Plumbing Code shall be considered as part of the incorporation of the code as referenced in Section 15.20.010." SECTION 9. Chapter 15.22, "Energy Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: "Chapter 15.22 - Energy Code Page 14 Ord. 902 Section 15.22.010 - Adopted - California Building Standards Code, Title 24, Part 6, "California Energy Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6, published by the California Building Standards Commission, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference." SECTION 10. Chapter 15.24, "Mechanical Code." of the Rohnert Park Municipal Code is repealed. SECTION 11. Chapter 15.24, " Existing Building Code." is added to the Rohnert Park Municipal Code as follows: "Chapter 15.24 - Existing Building Code 15.24.010 - Adopted - California Building Standards Code, Title 24, Part 10, "California Existing Building Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, published by the California Building Standards Commission, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference. " SECTION 12. Chapter 15.26, "Green Building Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: "Chapter 15.26 - Green Building Standards Code Section 15.26.010 - Adopted - California Building Standards Code, Title 24, Part 11, "Green Building Standards Code" or "CALGreen". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, published by the California Building Standards Commission, including Appendix Chapter A4, Residential Voluntary Measures at Tier I level for New Residential Construction except Division A4.2 Energy Efficiency and Appendix Chapter A5, Nonresidential Voluntary Measures at Tier I level for New Non -Residential Construction except Division A5.2 Energy Efficiency, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference." SECTION 13. Chapter 15.28 "Fire Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: Page 15 Ord. 902 "Chapter 15.28 - Fire Code Section 15.28.0 10 - Penalties for violations. Any violation of this Chapter is a misdemeanor. Each day a violation of Chapter 15.28 of this Title exists constitutes a separate offense. Section 15.28.020 - Adopted - "2016 California Building Standards Code, Title 24, Part 9, "California Fire Code". The 2016 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9, incorporating the International Fire Code, 2015 Edition, published by the International Code Council, one copy of which has been filed for use and examination by the public in the office of the building official, is adopted by reference, subject to the following additions and amendments to certain sections thereof which shall read and provide as set forth in this Chapter. Section 101.6 - Added - Applicable standards. Where no applicable standards or requirements are set out in Chapter 15.28 of this Title, 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 Chapter 15.28 of this Title. 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. Section 103.1.1 - Added - Fire code official. Whenever the term "fire code official" is used in Chapter 15.28 of this Title, it shall mean the Fire Marshal or his/her designee. Section 104.3 - Amended - Right of entry. A. The fire code official in the performance of duties prescribed in Chapter 15.28 of this Title, 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 Chapter 15.28 of this Title 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 Page 16 Ord. 902 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. Section 104.11.4 - Added - Emergency response penalty. In the event that the fire code official responds to any emergency caused by failure to comply with Chapter 15.28 of this Title and within the responsibility for enforcement of the fire code official as given in Section 104.11 of the 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 Rohnert Park Fire Division Fee Schedule as established or amended by City Council resolution. Section 105.1.1 - Added - Additional required fire permits. The Director of Public Safety or the fire code official may require additional prescribed operational and construction permits as identified in the Fire Division Fee Schedule. Permit fees shall be based on the current Rohnert Park Fire Division Fee Schedule as established or amended by City Council resolution. Section 105.2.5 - Added - Fees. All applications for a permit required by Chapter 15.28 of this Title 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. Section 108 - Amended - Appeals process. Whenever the Fire Prevention Division denies an application or permit, the applicant may appeal in writing the decision of the fire code official 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. Page 17 Ord. 902 Section 202 - Added - 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. Section 202 - Added - 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. Section 202 - Amended - FALSE ALARM. Added after the first paragraph as follows: Or 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. Section 320 - Added - COMBUSTIBLE VEGETATION Section 320.1 - Added - Defensible space and 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. Section 505.1 - 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 Page 18 Ord. 902 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. Section 505. 1.1 - 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 one half (0.5) inches. Section 505.1.2 - Added - Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke of one inch. Suite and unit numbers shall not be less than six (6) inches high with a minimum stroke of three- quarters (0.75) inch or as approved by the fire code official. Section 505.1.3 - Added - Complex directory. Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an illuminated complex directory, monument, pole or other approved sign or means shall be used to identify the structures at the main entrances to the property. Section 507.5.1 -Amended - Fire hydrant and fire main required locations. 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. Section 901.6.1.1 - Added - 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 current Rohnert Park Fire Division Fee Schedule as established or amended by City Council resolution. Section 901.6.1.2 - Added - 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. Page 19 Ord. 902 Section 901.6.1.3 - Added - Commercial alarm 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. Section 901.6.1.4 - Added - Residential alarm 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. Section 901.7 - Added - Out of service fire protection systems. Added after the second paragraph as follows: When a system is deemed out of service, the operator shall immediately provide current insurance documents and insurer's contact information to the fire code official. The operator or impairment coordinator shall also be responsible for contacting the insurer to inform them of changes in operation of the fire protection system. Section 903.2 - Amended - Automatic sprinkler system. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings. Exceptions: 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. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy. 4. Detached Group B or M occupancies 500 sq. ft or less. Section 903.2.20 - Added - 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 Page 20 Ord. 902 newly constructed building. Section 903.2.21 - Added - Additions, remodels, alterations or repairs. An automatic fire sprinkler system shall be provided as follows: 1. In an existing one- or two-family dwelling when an addition increases the existing gross floor area by 50% or more. 2. In an existing non-residential building when an addition increase the existing gross floor area by 25%. 3. Additions to existing Residential Group R-1 occupancies that result in additional guest rooms or dwelling units, the building shall meet the requirements for a newly constructed building. 4. When a remodel, alteration or repair to an existing building includes demolition, removal or repair of more than 50% of the structure (including walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations or similar components). 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 load 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. 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. Note: 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. Page 21 Ord. 902 Section 903.3.1 - 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 Chapter 15.28 of this Title at the time of such change. Section 903.3.1.1 - Added - Installation requirements. Added after the first line as follows: NFPA 13 sprinkler systems shall be required. NFPA 13D sprinkler systems as amended in Chapter 80 may be substituted for NFPA 13 when approved by the fire code official, and as adopted by City standards. Section 903.3.1.1.1 - Exempt locations, is deleted in its entirety. Section 903.3.1.2 — NFPA 13R sprinkler systems, is deleted in its entirety. Section 903.4 - Amended - Sprinkler system monitoring and alarms. Except for one- and two-family dwellings, 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. Section 903.4.1 - Amended - Monitoring. 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. Section 903.4.2.1 - Added - Alarms notification. 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. Page 22 Ord. 902 Section 907.2 - Amended - Required fire alarm installations. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided as follows: 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. C. 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 on the street frontage side, or as approved by the fire code official. Section 907.2.9 - Amended - Manual fire alarm systems. Exceptions: 2.2. The notification devices installed in the common areas serving the residential units shall operate upon sprinkler water flow or manual pull station activation. Appendix B, Section B 105.1 - 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 B 105.1. Appendix B, Section B 105.2 - 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 B 105.1 of the 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 Chapter 15.28 of this Title. The resulting fire flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B 105.1. Page 23 Ord. 902 Appendix B, Table B105.2, Footnote A, is deleted in its entirety. Appendix C, Table C102.1 - Amended - Footnotes f and g. Footnotes f and g are deleted and replaced as follows: Table C102.1, Footnote f: For commercial, industrial and multifamily residential buildings, average spacing shall be no greater than 300 feet. Appendix D, Section D103.2 - Amended - Grade. The grade of fire apparatus access roads shall be in accordance with City standards or as approved by the fire code official. Appendix D, Section D103.3 - Amended - Turning radius, The minimum turning radius shall be in accordance with City standards or as approved by the fire code official. Appendix D, Section D103.4 - 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. Appendix D, Section D103.6 - 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. Appendix D, Section D106.1 - 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. Appendix D, Section D106.2, is deleted in its entirety. Section 5601.1.1.3(5) - Added - Manufacturing. The manufacturing of fireworks is prohibited except under special permits as required by local, county, or state regulations. Section 5602.1 - Added - Definitions. Page 24 Ord. 902 The following words and phrases, as used in this Chapter with regard to the sale of fireworks, are defined as follows: AFFILIATED ORGANIZATIONS: 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; 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: 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: 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: 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: Includes, 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: An entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. PYROTECHNICAL DISPLAYS: 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 Page 25 Ord. 902 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 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. Section 5614.1 - Added - 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. Section 5614.2 - Added - 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 Petes, 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. Section 5614.3 - Added - 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. Section 5614.4 - Added - 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. Section 5614.5 - Added - 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 15.28.5602.1. B. Each such non-profit organization shall have its principal and permanent meeting place within the City of Rohnert Park limits. Page 26 Ord. 902 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. 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. Section 5614.6 - Added - 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: 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 Page 27 Ord. 902 addition to any fee or tax imposed by Chapter 15.28 of this Title or by City Council resolution. 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 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. Section 5614.7 - Added - Denial of application. A. The fire code official shall issue the permit to sell state -approved fireworks unless he or she finds that: The applicant has failed to provide sufficient plans, information or other data necessary to render a determination respecting compliance with the requirements of Chapter 15.28 of this Title; or 6. The applicant is not in compliance with any of the requirements of Chapter 15.28 of this Title; or 7. 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 maybe appealed pursuant to the procedures set forth in Chapter 15.28 of this Title. Section 5614.8 - Added - Operation of fireworks stand. Page 28 Ord. 902 A. No person shall knowingly sell fireworks to any person under the age of eighteen. B. 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. C. 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. D. 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. Section 5614.9 - Added - 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 Page 29 Ord. 902 and six feet in height and shall swing in the direction of exit travel. Each stand shall be provided with one 2AlOBC 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. Section 5614.10 - Added - 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 15.28.5614.5(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. 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 or cause to be lit or permit to be lit any state -approved fireworks or combustible material within fifty feet of any state -approved fireworks stand. Section 5614.11 - Added - Supervision of minors. It shall be unlawful for any person having the care, custody or control of a Page 30 Ord. 902 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. Section 5614.12 - Added - 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. Section 5614.13 - Added - 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." Chapter 80, NFPAI3D, Section 5.1.1.2 - Added - Spare sprinkler heads. A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. Chapter 80, NFPAI3D, Section 8.3.4.1 - Added - Location of sprinklers. Sprinklers shall be required in enclosed attached garages and a minimum of a single head in attics, near the attic access hatch. Section 15.28.030 - Adopted - Appendix Chapters. A through N of the Appendix to the California Fire Code shall be considered as part of the incorporation of the code as referenced in Section 15.28.020." Page 31 Ord. 902 SECTION 14. Chapter 15.30, "Administrative Citations For Fireworks" of the Rohnert Park Municipal Code is repealed and replaced with the following: "Chapter 15.30 - Administrative Citations for Fireworks Section 15.30.010 - Purpose and scope. A. This chapter provides for the imposition, enforcement, collection, and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Sections 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the sale, use, and/or display of "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500 et seq. on or at dates, times and/or locations other than those permitted by the Chapter 15.28 of this Title. B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy to redress violations of this Code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this Code or state law by any person. C. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less (gross weight) of such dangerous fireworks. D. Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of "dangerous fireworks" seized by the city where applicable. These costs will be included in any administrative fines imposed under this chapter. E. The definitions set forth in Chapter 15.28 of this Title are incorporated into this chapter. Section 15.30.020 - Enforcement. A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1.25 of this Title. The amount of the administrative penalty for violations of this chapter and those sections of Chapter 15.28 pertaining to fireworks shall be governed by Section 15.30.030. B. The fire code official or his/her designee shall enforce the provisions of Chapter 15.30 and those sections of Chapter 15.28 of this Title pertaining to fireworks. Section 15.30.030 - Penalties for violations. Page 32 Ord. 902 A. In addition to the penalties provided for in Chapter 15.04 of this Title, each person who violates any provisions of this chapter and/or Chapter 15.28 of this Title as they relate to the possession, use, storage, sale, and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine of one thousand dollars per occurrence, a late charge of two hundred fifty dollars if the fine is not paid within thirty days of the date of citation, and all costs incurred by the office of the state fire marshal for the transportation and disposal of any dangerous fireworks seized from the person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the office of the State Fire Marshal at the time a person is cited for possession of dangerous fireworks under this Code, the city will reserve twenty-five percent of any fine collected under this provision to cover the cost of reimbursement to the office of the state fire marshal. B. In addition to the penalties provided for in Section 15.04 of this Title, each person who sells, uses, and/or displays "safe and sane fireworks" on or at dates, times, and/or locations other than those permitted by Chapter 15.28 of this Title shall be subject to the imposition of payment of an administrative fine as provided below: Number of Offenses Amount of in One Year Administrative Penalty Late Charge First $250.00 $ 75.00 Second 500.00 150.00 Third 750.00 300.00 Section 15.30.040 - Additional violation. Total Amount of Penalty Plus Late Charge $ 325.00 650.00 1,050.00 Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter or Chapter 15.28 of this Title relating to fireworks shall also constitute a violation." SECTION 15. Chapter 15.36, "Swimming Pool, Spa and Hot Tub Code", of the Rohnert Park Municipal Code is repealed. SECTION 16. SEVERABILITY Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. SECTION 17. EFFECTIVE DATE This ordinance shall be in full force and effective on January 1, 2017, no less than 30 days after its adoption, and shall be published or posted as required by law. Page 33 Ord. 902 This ordinance was introduced by the City Council of the City of Rohnert Park on November 8, 2016 and DULY AND REGULARLY ADOPTED this November 22, 2016 by the following vote: AYES: Five (5) Councilmembers Ahanotu, Callinan, Stafford, Mackenzie and Mayor Belforte NOES: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) I:r0Y*2V IPInk oAn�ie Buergler, City Clerk Page 34 Ord. 902 CITY OF ROHNERT PARK STATE OF CALIFORNIA — GOVERNMENT OPLRATIONS AGENCY GOVERNOR EDMUND G. BROWN JR. BUILDING STANDARDS COMMISSION 2525 Natomas Park Drive, Suite 130 Sacramento, California 95833-2936 (916) 263-0916 FAX (916) 263-0959 January 25, 2017 Ms. Caitlin Saldanha Deputy City Clerk City of Rohnert Park 130 Avram Avenue Rohnert Park, CA 94928 RE: Ordinance #902 Dear Ms. Saldanha: ROHNERT PARK MAR 0 6 2017 CITY CLERK This letter is to advise you of our determination regarding the referenced ordinance with express findings received from your agency on November 28, 2016. Our review finds the submittal to contain one ordinance No. 902 modifying provisions of the 2016 California Building Standards Code in Title 24, California Code of Regulations (code), and express findings complying with Health and Safety Code Sections 17958.7 and 18941.5. The code modifications are accepted for filing and are enforceable. This letter attests only to the satisfaction of the cited law for filing of local code amendment supported by an express finding with the California Building Standards Commission (CBSC). CBSC is not authorized by law to evaluate the merit of the code modification or the express finding. Local modifications to the code are specific to a particular edition of the code. They must be readopted and filed with CBSC in order to remain in effect when the next triennial edition of the code is published. On a related matter, should your city receive and ratify Fire Protection District ordinances making modifications to the code, be advised that Health and Safety Code Section 13869.7(c) requires such ratified ordinances and express findings to' be filed with the Department of Housing and Community Development, Division of Codes and Standards, State Housing Law Program, rather than CBSC. Also, ordinances making modifications to the energy efficiency standards of the code may require approval from the California Energy Commission pursuant to Public Resources Code Section 25402.1(h)(2). If you have any questions or need any further information, you may contact me at (916) 263-0916. Sincerely, nrique M. Rodriguez Associate Construction Analyst cc: CBSC Chron Local Filings ssvio Iskili co C14 0) w -0 (1)ill CD m 0 U) 40%E T 0 a_ > (D U o Ui (D M 0 AFFIDAVIT OF POSTING Pursuant to California Government Code $ 36933 and S 40806 srATE OF CALTFORNTA ) )ss County of Sonoma ) l, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No.902. suMMARy OF OR-DINANCE NO. 902 OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE, AS AMENDED TO REFLECT LOCAL CONDITIONS, REPEALING CHAPTERS 15.04 THROUGH 15.30 AND 15.36 OF TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE ROHNERT PARKMUNICIPAL CODE AND ADDING SECTION 15.04 (GENERAL pRovtsloNs AND PENALTIES), 15.08 (BUILDING CODE),15.12 (RESIDENTIAL CODE),15.r6 @LECTRICAL coDE), r5.r8 (MECHANICAL CODE), 15.20 (PLUMBING CODE),15.22 (ENERGY CODE), 1s.24 (EXISTING BUILDING CODE), 15.26 (GREEN BUILDING STANDARDS CODE), 15.28 (FIRE CODE), AND 15.30 (ADMINISTRATIVE CITATIONS FOR FIREWORKS) TO TITLE 15 "BUILDINGS AND CONSTRUCTION" OF THE ROHNERT PÄRK MUNICIPAL CODE was published on November 11, 2016 and December 2, 2016, as required by law, and posted in five (5) public places in said City, to: www.rpcitv.orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, Calif ornia 94928 on November 9, 2016 and November 23, 2016. Su and swo day of December. Caitlin Saldanha, Deputy City Clerk rn'\ nrdi na nrpc\ n rd i na nrpç ? O1 6\ aô?\ affidavil nf noçtinø dnnv CERTIFICATION OF PUBLICATION IN "-lhe Community VOICE," (Published every FridaY) in the SUPERIOR COURT of the STATE OF CAI-ìFORNIA In and For the CountY of Sonoma COUNTY OF SONOMA CitY o1'Rohnert Park Summary of Ordinance No. 902 STATE OF CALIFORNtA, The unclersigned does hereby certify and declare : 'lhat at all times hereinafter sworn, deposes ancl says: That at all times hereinafter mentioned she was a citizen ofthc tJnited States, over the age ofeighteen yearsand a resident of said county ancl u,as at all said time s the principal clerk of the printer and publisher of The Community VOICE, a newspaper of gene ral circulation, published in the Cit¡, ol' Rohncrt Park, in saicl County of Sonoma, State.of California; that fne Communñy VOICB is and wås at all times here in rnentioned, a newspaper of general circulation as that term is defined by Section 6000 ofthe Governmcnt Code; its status as such nervspaper olgetreral circulation having been established by Couft Decree No. 3 58 15 ol the Superior Court of the State o1'Clalifbrnia, in and 1'or the County ol Sonoma. Depaltment No. I ther.eof; and as provided by sairt Sèction 6000. is published fitr the clissemination of local and telegraphic news and intelligánce ofå general .úutu.t.r. having a bona {ìde subscriptir.rn list olpaying subscribers, and is not devoted to the i'terelt, or publis-hed fbr the entertainmcnt or instruction of a particular class. prolèssiolt, trade, calling, race or denomination, or for the enter.tainment an¿ instruction ofsuch classes. professions, trades. callings, races or denominations; that at all said times said newspaper has been cstablished and published in the said City ofl{ohnerl Park, in said County and State at regular intervals for mgre than one year preceding the tìrst publication ol'this notice herein mentiotred; that said notice was set in type not smaller than non-páreil and rvas precetiecl with words printed in black face type no smaller than non-pareil, describing and expressing in gencral terms, the purport and chat'acter of ihe noticc intended to be given; that the " City of Rohnert Èark, Sumrnary ol Oiclinance #901" of rvhich the annexcd is a printeci copy, was published in said newspaper at least 1 consecutivc time(s), commencing on the 2 clay ol l)ecerrbcr, 20,l 6 and e nding on the 2 day of December. 2016. I llEREBy CER]'IFY AND DECLARE, LJNDER l'l-lE PENAL'IY Olì perjuÍy that the f'oregoing is true and corfect. EXECIITED this 2 day olI)ecember. 2016 at Rohnert Park, Calil'ornia Signed (llaudia Smith C'leLk oc-- äIII-2f¡mt -iI' a19I * <lI ç- P-lltv BÐ.F o =o o @o=o:to eo >>=t!@o@añ-lmø> 2.. =;l22,=ooo5ttooo @ i!o o gãîq, ı'g ã ãsE F6 =,6 t:g q 3:ã_u'FÈ Bå o qo c¡ã c)qtı'6*(e ô