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2019/11/26 City Council Ordinance 938ORDINANCE NO. 938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, REPEALING AND REPLACING CHAPTERS 15.04 THROUGH 15.30 OF TITLE 15 .OBUILDINGS AND CONSTRUCTION" OF THE ROHNERT PARK MUNICIPAL CODE TO ADOPT BY REF'ERENCE THE 2019 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS AS SET FORTH IN CHAPTERS 1s.04 (GENERAL PROVTSIONS AND PENALTTES), 15.08 (BUILDING CODE), 15.12 ßI,SrDENTIAL CODE), 15.16 (ELECTRTCAL CODE), 15.18 (MECHANICAL CODE), 1s.20 (PLUMBING CODE), 15.22 (ENERGY CODE),15.24 (EXISTTNG BUTLDTNG coDE), 1s.26 (GREEN BUILDTNG STANDARDS CODE)' AND 15.28 (FIRE CODE) TO TITLE 15 .,BUILDINGS AND CONSTRUCTION", AMENDING SECTION 8.28.030 REGARDING SECURING OF DANGEROUS BUILDINGS, AND RECODIFYING EXISTING REGULATIONS IN CHAPTERS 15.28 AND 15.30 RELATED TO FTREWORKS IN A NEW CHAPTER 9.49 (FTREWORKS REGULATIONS) rN TrrLE 9 "PUBLTC PEACE, MORALS AND \ryELFARE" WHEREAS, the City is responsible for local enforcement of the California Building Standards Code, also known as Title 24 of the California Code of Regulations; WHEREAS, a triennial edition of the California Building Standards Code is published by the California Building Standards Commission approximately every three years based upon 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 July 1,2019, the California Building Standards Commission published the 2019 California Building Standards Code; WHEREAS, on January l,2020, the building standards and regulations contained in the 2019 California Building Standards Code become effective and applicable throughout the State of California; WHEREAS, local amendments may be adopted by the City of Rohnert Park to the California Building Standards Code pursuant to the California Health and Safety Code due to climatic, geological, or topographical local conditions; NOW THEREFORE, TIrE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. Findines. The City Council finds that: A. The City is authorized and required to adopt the California Building Standards Code by reference pursuant to Health and Safety Code section 17922 and 17958, and has taken all actions required to do so pursuant to Government Code Section 50022.2. 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 Health & Safety Code Sections 17958.5 and 17958.7 and 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 15.28 are necessary forthe protection ofthe public health, safety and welfare due to the local climatic, geologic or topographical conditions as described in findings 1 through 8 below. 1. Modification of CBC Section 502 and California Fire Code (CFC) Sections 505.1, 505.1.1, 505.1.2, and 505.1.3 is necessary because the many street cul- de-sacs within the City and the distance between emergency response facilities require street numbers on buildings to be clearly at all hours in order to support emergency response. 2. Modification of CBC Chapter 9, California Residential Code (CRC) Sections R313.2(3), R313.2.(4), and R313.2.2 is necessary because 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 f,rre equipment, and create the need for greater use of fire suppression systems. 3. Modification of CBC Section 420.16 and 1503.6 is necessary because the soil conditions within the City are highly expansive, thereby creating the potential for damage to building foundations and concrete slabs. Means are required to keep rainwater away from foundations and slabs, which would exacerbate expansive conditions and potentially damage structures. 4. ModificationofCBCSectionlT05.l3.5isnecessarybecausetheCityislocated 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. 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 coridor. The railroad and freeway create barriers, which obstruct traffic pafferns and delay response time for fire equipment, and create the need for upgrade to ageing and undersized electrical systems. Ordinance No. 938 Page 2 of31 7. Modification of California Plumbing Code (CPC) Sections 30I.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 California Residential Code (CRC) Sections R408.1, R806.1, and R902. I and CFC Sections 202, 304.1 .2, 304.1.2.I, 304.1.2.2, 902.1, 903 .2, 903.2.21,903.2.22,903.2.23, 5602J and 5614 through 5614.15 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. Duringthe wintermonths, the City may experience periods of heavy rain, which "uurcJ 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 "oupl"d with highly flammable vegetation, can cause uncontrollable fires. With incrèased development spreading close to the brush covered foothill area, wind driven fires could have severe consequences, as has been demonstrated on several occasions throughout the state. g. Modification of CFC Sections 901.6.4 through 901.6.4.3,901.7,907.2, and g07.2.9 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 f,rres 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. 10. Modification of CFC Sections 507.5.1,903.3,903.3.1.l,903.3.1.l.1, 903.3.L2, 903.3.1 .3.2, 903.3.1.3.2, 903.4, 903.4.r, 903.4.2.1, 9-7.6.6,8105.1, 8105.2, Table 8105.2 footnotes, Table Cl02.l, D103.2 through D103.4, D103.6, D106.1, andDl06.2 is 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 the adoption of the amendments to the California Building Standards Code and the adoption of Ordinanc.r -ay 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. Ordinance No. 938 Page 3 of3l 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, ooGeneral 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 Califomia 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 throu gh 15.34, excepting Chapters 15.28, 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 offrcial shall have all authority given to such official by said code' Section 15.04.020 - Penalties for violation. A. 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 15.34, or any of the provisions of the codes, as amended, adopted by reference in Chapters 15.04 through 15.34, is guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars or by imprisonment not to exceed six months, or both, unless deemed an infraction by the citing officer or prosecuting authority in the exercise of enforcement discretion. Penalties for offenses deemed an infraction shall be the maximum amounts authorized under Government Code section 36900. In the discretion of the citing officer or prosecuting authority, penalties other than as set forth above may be applied to an offender for violations of Chapters 15.04 through 15.34 where a more specific penalty provision authorizes the imposition of such other penalties. B. Every 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. Unless superseded and expressly repealed, references in the City's 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 and any prior versions ofthe California Building Standards Code shall be construed to apply to the corresponding provisions contain within the currently adopted Rohnert Park Municipal Code, Title 15 - Building and Construction and the2019 California Building Standards Code. Ordinance No. 938 Page 4 of31 Section 15.04.040 - Adopted - Administrative provisions. *2019 California Building Code, Part 1, Chapter 1, Division II - "Scope and Administration," adopted in its entirety: The provisions of the 2019 California Building Code, Part 1, 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 Title 24 of the California Code of Regulations." Section 105.2 - Amended - Work exempt from permits. List of exemptions amended as follows: Buildings: (2) Fences not over 7 feet (2134 mm) high or fences totaling 8 feet in height consisting of solid 6 foot section with2 foot of lattice on top' Section 105.8 - Added - Permit application date. Subject to California Building Code, Part 1, Chapter 1, Division I Section 1.I .9 - Effective date of this code, only those published standards approved by the California Building Standards Commission, as 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 City'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 except that all new residential developments of 10 or more homes built after 2020, shall comply with the mandatory California Energy Code regulations in section 110.10 requiring residential solar installations adopted herein. Section 107.2.9 - Added - Additional Documentation. The Building Official may require photographic evidence, a physical inspection or similar documentation of existing conditions at time of building permit application for residential alterations and repairs. Section 109.6 - Amended - 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. Ordinance No. 938 Page 5 of31 B. One hundred per cent (10O%) of a fee effoneously paid or collected may be refunded. c. Ninety percent (90%) of the plan review fee may be reftinded 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, andior 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 offîcial may authorize the adjustment of all or part of a fee in order to correct an effor 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 Chapter 1.27 of the Rohnert Park Municipal Code. Section 110.7 - Added - Concealed construction. Any and all portions ofwork 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 Building Official shall prepare and promulgate guidelines to assist with implementation of this section. Section 113.3 - Amended - Appeals applications. All applications for appeals of orders, decisions or determinations made by the building official relative to the application and interpretation ofthis code may be appealed to the City's "Building Appeals Board". The City Council may establish fees to recover the costs associated with these appeals by separate resolution. Ordinance No. 938 Page 6 of31 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 occupanc¡, 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 ofthis 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 1 16. Section 1I4.4 - 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 Building Official shall prepare and promulgate guidelines to assist with implementation of this section.. 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 certificate issued under the provisions ofthis 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 authorizethe adjustment of all or part of a fine in order to correct an emor 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 Chapter 1.27 of the Rohnert Park Municipal Code. Ordinance No. 938 Page 7 of31 SECTION 3. Chapter 15.08, "Buitding Code" of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.08 - Building Code 15.08.010 - Adopted - 20lg California Building Standards Code, Title 24, Part 2 "California Building Code". The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2, incorporating the International Building Code, 2018 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 502 - Amended - Address Numbers. Address numbers shall meet the requirements specified in Fire Code Section 505.1.1- 505.1.3, as amended under Rohnert Park Municipal Code section t5.28.020. Section 420.16 - 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'). Section 1503.6 - Added - Splash Protection. Group R and U structures shall include rain gutters, downspouts, rain leaders and splash blocks. Section 1705.13.5 - Added - Special seismic inspector. Third-Party Inspection. All new structures consisting of Group R Occupancies or Group A, B, E, F, H, I, I' or M Occupancies with an occupant load of fifty or greater, shall employ a third-party inspector for the purpose of inspecting the components ofthe lateral load system. Third-party inspectors, similar to special inspectors as required elsewhere in Chapter 17, 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. Unless conforming to Section 1808 in its entirety and other than pre- or post-tensioned slabs and engineered pier and grade beam foundations iystems, buildings utilizing slab on grade construction shall be constructed on a building pad consisting of a minimum of thirty inches of engineered non-expansive fill material meeting the requirements of Table I below. The building pad area to receive the engineered non-expansive fill shall include an areaat least frve 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 Ordinance No. 938 Page 8 of31 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 withìn two percent of the optimum moisture content. The depth of the engineered non-"*puntive hll shall be increased as necessary to maintain a miirimum 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 l. Non-expansive Fill Requirements Section lg}7.2 - Added - Nonstructural concrete minimum reinforcement. All nonstructural concrete slabs within the building the building envelope are subject to the following' 1. 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 1503.6 - Splash Protection." Section 15.08.020 - Fire protection systems. Fire protection systems must comply with the requirements specified in Chapter 15.28 of this titlê. 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 2019 California Building Standards Code, the provisions of Chapter 15.28 ofthis title shall govern. Ordinance No. 938 Page 9 of3l Plasticity Index less than 13 Liquid Limit less than 50 Percent Soil Passing #200 Sieve between 5% &,45% Maximum Aggregate Size 3 inches Maximum Dry Density as determined by ASTM-DI557 test procedures Section 15.08.030 - Appendix Chapters Added. Appendix Chapters I (Patio Covers) and J (Grading) shall apply to all structures and shall be considered as part of the body of the code as adopted in Section 15.08.010 and shall apply to all structures." SECTION 4. Chapter 15.l2, "Residential Code" of the Rohnert Park Municipal Code is repealed and replaced the follows: "Chapter 15.12 - Residential Code Scction 15.12.010 - Adopted - 2019 California Building Standards Code, Title24,Patt2.5 "California Residential Code." The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title24,Part2.5, incorporating the International Residential Code, 2018 Edition, published by the lnternational Code Council, one copy of which has been fîled 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 Divisionll - Administration and that of Section 15.04 of this title, the provisions of Section 15.04 ofthis title shall govern. Section R313.2(3) - Add 3. Automatic residential sprinklers shall not require for detached Group U occupancies 1000 sq. ft. or less in floor area. Section R313.2(4) - Add 4. Automatic residential sprinklers shall not require for detached pool houses 1000 sq. ft. or less in floor area within 50 feet of the pool and limited to a single bathroom. Section R313.2.2 - Added - Additions and alterations. Sprinkler systems shall be installed as required when California Fire Code, Section 903.3.22 and Chapter 15.28 of this title are exceeded. Section R408.1 - Added - Ventilation required. Added after first paragraPh. All underfloor ventilation shall be self-sealing or ember intrusion resistant. Section R806.1 - Added - Ventilation required. Added after first ParagraPh. All roof vents shall be self-sealing or ember intrusion resistant. Section R902.1 - Amended - Roof covering Materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A roofing assembly shall installed and tested in accordance with UL 790 or ASTM E 108. Ordinance No. 938 Page 10 of31 Section 15.12.020 - Appendix Chapters Added. Appendix Chapters H (Patio Covers) and J (Existing Building and Structures) shall uppty to all structures and shall be considered as part of the body of the code as adopted in Section 15.12.010." SECTION 5. 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 - 2Ol9 California Building Standards Code, Title 24, Part 3 "California Electrical Code". The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the "National Electrical Code," 2017 Edifion, published by the National Fire Protection Association, one copy of which has been fîled for use and examination by the public in the offrce 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 or Townhomes. For a one-family or two-family dwellings or townhomes, the service disconnecting means shall have a tating of not less than 100 amperes, 3 wires. The service disconnecting means 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, including such panels that have been rebranded. 2. When any other permit is applied for and the enclosure contains disconnecting mean on the load side of the service disconnect manufactured by Federal Pacific or Zinsco, including such panels that have been rebranded. 3. When Five (5) or more circuits are modified. 4. When any secondary power source is added. 5. When an addition increases the existing gross floor area by 50Yo ot more. 6. When a remodel, alteration or repair to an existing building includes demolition, removal or repair of more than 50o/o 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. b. Removal of the roof structure or ceiling thereby permitting installation of new circuits. Ordinance No. 938 Page 11 of31 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 upgradedãs 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 Árticle 91 - Administration and Enforcement. When there is a conflict with or omission of the provisions of this section and that of Chapter 15.04 of the Rohnert Park Municipal Code, the provisions of chapter 15.04 of the Rohnert Park Municipal code shall govern." SECTION 6. Chapter 15.18, "Mechanical Code" of the Rohnert Park Municipal Code is repealed and replaced the follows: ooChapter 15.18 - Mechanical Code Section 5.18.010 - Adopted - 20lg California Building Standards Code, Title 24, Part 4 "California Mechanical Code". The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the o'Uniform Mechanical Code," 2018 Edition, published by the International Association of plumbing and Mechanical Officials, one copy of which has been filed for use and examinaãon by the public in the office of the building official, is adopted by reference. Wúen thère is a conflict with or omission of the provisions of the Division II - Administration and that of Chapter 15.04 of the Rohnert Park Municipal Code, the provisions of Chapter 15.04 of the Rohnert Park Municipal Code shall govern." SECTION 7. Chapter 15.20, "plumbing Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: o'Chapter 15.20 - Plumbing Code Section 15.20.010 - Adopted - California Building Standards Code, Title 24, Part 5 "California Plumbing Code". The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the "Uniform plumbing Code," 2018 Edition, published by the International-Association of plumbin! and Mechanical Officials, one copy of which has been filed for use and examinai=ion by the public in the office of the building official, is adopted by reference. Whôn theie is a conflict with or omission of the provisions of the Division II - Administration and that of Chapter 15.04 of the Rohnert Park Municipal Code, the provisions of Chapter 15.04 of the Rohnert Park Municipal Code 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 Ordinance No. 938 Page 12 of31 (pvc), minimurn 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 - Add - Pipe, Tube, and Fittings Added before the fìrst ParagraPh. All underground service supply lines shall be of non-metallic material consisting of either polyethylene, minimum class 16O Poly Vinyl Chloride (PVC), minimum schedule 40, PEX or PEX-AL-PEX. Metallic materials may be used when suitable protection, approved by the building otÏcial, is provided." Appendix Chapters A (Sizing Water Supply), B (Explanatory Notes on Combination Waste & Vent Systems), D (Sizing Storm-Water Systems) and I (Installation Standards) shall apply to all structures and shall be considered as part of the body of the code as adopted in Section 15.20.010'" SECTION 8. Chapter 15.zz,"Energy Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: ooChapter 15.22' Energy Code Section 15.22.010 - Adopted - California Building Standards Code, Trtle 24, Part 6 "California Energy Code". The 2019 Edition of the Califomia 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 examinãtion by the public in the office of the building official, is adopted by reference'" SECTION 9. Chapter 15.24, " Existing Building Code." of the Rohnert Park Municipal Code is repealed and replaced the follows: 'oChapter 15.24 - Existing Building Code 15.24.010 - Adopted - California Building Standards Code, Title 24, Part 10, "California Existing Building Code". The 2019 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 examinãtion by the public in the office of the building offîcial, is adopted by reference. " Section 15.24.020 - Appendix Chapters Added. Appendix Chapters A3 (Prescriptive Provisions for Seismic Strengthening of Ciçpte Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings and Appendix Chapter), A4 (Earthquake RiskReduction in Wood-Frame Residential Builàings with Soft, Weak or Open Front Walls) shall be considered as part of the body of the code as adopted in Section 15'24'010'" Ordinance No. 938 Page 13 of31 SECTION 10. 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 2019 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 44, Residential Voluntaiy Measures at Tier I level for New Residential Construction except Division A4.2 Energy Efficiency and Appendix Chapter 45, Nonresidential Voluntary Measures at Tier I level for New Non-Residential Construction except Division A5.2Energy 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 11. Chapter 15.28 "Fire Code" of the Rohnert Park Municipal Code is repealed and replaced with the following: "Chapter 15.28 - Fire Code Section 15.28.010 - Penalties for violations. Any violation of this Chapter is a misdemeanor, unless in the exercise of enforcement discretion it is reduced to an infraction by the citing officer or the prosecuting authority. Each day a violation of Chapter 15.28 of this Title exists constitutes a seParate offense. Section lS.2B.O20 - Adopted -*20ïg California Building Standards Code, Title24, Part 9 o'California Fire Code". The 2019 Edition of the California Building Standards Code, known as the California Code of Regulations, Title24,Part 9, incorporating the International Fire Code, 2018 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 sèctions 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 this Code or Chapter 15.2-3 of the Rohnert Park Municipal Code, 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 Assôciation or other nationally recognized fire safety standards or other recognized good engineering practices, as approved by the fire code official shall constitute compliance with this Code or Chapter 15.28 of the Rohnert Park Municipal Code. Nothing herein shall derogate from the power of the fire code official to determine compliance with codes or Ordinance No. 938 Page 14 of31 standards for those activities or installations within the fire code official's j urisdiction or resPonsibilitY. Section 103.1.1 - Added - Fire code official. Whenever the term "fire code official" is used in this Code and Chapter 15.28 of the Rohnert Park Municipal code, it shall mean the city's Fire Marshal or hisiher designee. Section 104.3 - Amended - Right of entry. A. The fire code official in the performance of duties prescribed in this code and chapter 15.28 ofthe Rohnert ParkMunicipal code, may enter upon and intó any and all premises under his/her jurisdiction, at all réasonable 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, exploéion 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 pr..ðn 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 w afiarfiis ıbtained, 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 ofsuspected or reported fires, gas leaks or other hazardous conditions or take any other action necessary in the reasonable performance of his/her duties. Section 105.1.1 - 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 biuision Feô Schedule. Permit fees shall be based on the cunent Fire Division Fee schedule as established or amended by City Council resolution. 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 t05.2.5 - Added - Application for Permit; Fees' All applications for a permit required by this Code or Chapter 15.28 of the Rohnert Park Municipal Code shall be made to the Fire Division of the Department of Public Safety in the form and detail, including any required plans, required by the City of Rohnert Park Fire Division. The City Council may establish fees, by resolution, for permit applications' Ordinance No. 938 Page 15 of31 Section 109.1 - Amended - Appeals process. All applications for appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation of this code may be appealed to the City's "Building Appeals Board". The City Council may establish fees to recover the costs associated with these appeals by separate. 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 ofiices, or at a central alarm company's offrce 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 ofPublic 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 304.I.2 - Amended - Vegetation weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements of this code sections 304.1 .2.1 Vegetation Management and 304.t .2.2 Defensible space. Neighboring Property. Section 304.I.2.1- Added - Hazardous vegetation and fuel management. Every person who owns or controls a lot or parcel of property within the City limits shall maintain them free from lumber and rubbish, weeds, grasses or vegetative growth which contributes to the spread of wildfire. The Department of Public Safety shall perform an annual fuel management inspection program wherein every vacant parcel is evaluated for debris accumulation and vegetative growth before July 1. The property owner is Ordinance No. 938 Page 16 of31 notified of the results via a written notice. The property owner shall abate the hazard to comply with the department's current standard. Should the property owner or manager fail to respond in a timely manner, the Fire Marshal is expressly authorized to have the property abated and pass the costs on to th; propefty owner. The responsible party shall maintain the property in a safe condition thereafter. A second round of inspections shall occur by September I of each year with noticing and abatements to follow u, n...i.u.y. The department is not limited to these two inspection intervals. Follow-up inspections shall be at the cost of the property owner at the rate prescribed by the current Fire Services Fee Schedule' Section 304.1.2.2 - Added - Defensible space. Neighboring property' persons owning, leasing, or controlling property within areas requiring defensible rpucè u." 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. Wh"." access is by means of a private road and the building cannot te vlewed 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 gortion of the facility or building hereafter constructed or moved Ordinance No. 938 Page 17 of31 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 90:16.4 - Added - System modification due to false frre alarms. Should a single property have 6 or more false alarms in a calendar year, they will be r"quIr.d to-modify their system to comply with NFPA 72 Section 26.3 - Central Station Service Alarm System' Exception: R-3 occuPancies. 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 902.1 - Added - Definitions. Amended to include the following additional terms in alphabetical order: ALARM. EMERGENCY. FALSE ALARM. Section 903.2 - Amended - Automatic sprinkler system' An automatic sprinkler system shall be installed and maintained in all newly constructed buildings in accordance with Section 903.2.1through 903.2.23. 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' 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' 6. Accessory Dwelling units where specifically exempted by OSFM Information Bulletin. Section 903.2.21- Added - Changes of occupancy' When the fire code official determines, based on life and fire risk, that a Ordinance No. 938 Page 18 of31 proposed use or occupancy classifrcation 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. Section 903.2.22 - Added - Additions, remodels, alterations or repairs. An automatic fire sprinkler system shall be provided as follows: 1. An automatic fire sprinkler system shall be provided in an existing one- or two-family dwelling when additions increase the area by 50%o ot more calculated by existing gross floor area. Z. 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 50o/o of the exterior or interior weight bearing walls. b. Removal of the roof structure or ceiling thereby permitting installation of overhead PiPing. c. Exception: R-3 occuPancies. d. Removal of interior tenant improvements reducing the building :Ho;ill; ;,:J$1"îî' :ii:l Ji.:i:îrhe tuture bui I d- out to e:r::'Jiîîi,#iitrHtrj,1:ïiT'#iBå"j;"il',i::f; e-ournose 1. 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 50Yo or more, this work shall òonstitute a substantial improvement and the building shall be subject to the fire sprinkler requirement. Z. 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. Ordinance No. 938 Page 19 of31 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%o or more, this work shall constitute a substantial improvement and the building shall be subject to the fire sprinkler requirement. Section 903.2.23 - 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 p", ,quu." foot over a minimum design area of 3,000 square feet. Where a iubsequent occupancy change requires a system with greater capacity, it shall be the builàing 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 - Amended - Installation Requirements. Sprinkler systems shall be installed in accordance with NFPA 13 and NFPA 13D when approved by the fire code official, and as adopted by City standards and in accordance with Sections 903.3.1 through 903.3.9. Section 903.3.1.1 - Added - Installation requirements. Added after the first line as follows: Where the provisions of this code require that a building or portion thereof be equippeà throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in ChaPter 80. Section 903.3.1.1.1 - Exempt locations, is deleted in its entirety. Section g03.3.L2 - NFPA 13R sprinkler systems, is deleted in its entirety. Section 903.3.1.3.2 - Added - Location of Sprinklers. Sprinklers shall be required in enclosed attached garages and a minimum of alingle head in attics, within five feet of the attic access hatch. Section 903.3.1.3.1 - 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. section g03.4 - Amended - sprinkler system monitoring and alarms. Except for one- and two-family dwellings, all valves controlling the water ruppiy for automatic sprinkler systems, and associated pumps, tanks, water fevéfj 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 Ordinance No. 938 Page 20 of31 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 907.2 - Amended - Required fire alarm installations. An approved fire alarm system installed in accordance with NFPA 72 and the provisions below shall be provided in new buildings and structures: 1. All newly constructed non-residential buildings shall be provided with a complete manual and automatic tìre alarm system approved by the fìre code offrcial which when activated will sound an alarm which is audible throughout the building and will notiff all occupants. 2. In any non-residential 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. 3. 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 frre code official. In addition to the above approved fire alarm systems shall be provided in new buildings and structures in accordance with this section or as modified by Sections 907.2.1through 907.2.29 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section ofthis code. Section 907.6.6 - Amended - Monitoring Fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved supervising station in accordance with NFPA T2,thissection and any approved Central Station shall meet the requirements of NFPA 72, Section 26.3 or Fire Department Informational Bulletin #017-2016. Section 15.28.030 - Adopted - Appendix Chapters. Appendix Chapters B (Fire-Flow Requirements For Buildings), C (Fire Hydrant Locations And Distribution), D (Fire Apparatus Access Roads), E (}{azatd categories), F (Hazard Ranking), G (cryogenic Fluidsweight And volume Equivalents), I (Fire Protection Systems-Noncompliant Conditions), J (Building Iniormation Sign) , K (Construction Requirements For Existing Ambulatory Care Facilities) , L (Requirements For Fire Fighter Air Replenishment Systems), and N (Temporary Haunied Houses, Ghost Walks And Similar Amusement Uses) shall applyto ail structures and shall be considered as part ofthe body ofthe code as adopted in Section 15.28.020." Ordinance No. 938 Page 21 of31 Appendix B, section 8105.1 - Amended - one- and two- family dwellings. The minimum fire flow duration requirements for one and two family dwellings shall be 1000 gallons per minute. Appendix B, Table 8105.1(l) - Required fire flow for one- and two- family dwellings, is deleted in its entirety. 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 8105.2 and Table 810s.1(2). Appendix B, Table B 105.2 - Amended - Required fire-flow for buildings other than one- and two-family dwellings. For S/I: 1 gallon perminute =3.785L/m. a. The reduced fire-flow shall be not less than 1,000 gallons per minute or at the discretion of the fire ofhcial per 8103.1 Appendix C, Section C103.2 - Amended - Average spacing. The average spacing between fire hydrants shall be 300 feet' Appendix C, Section C103.3 - Amended - Maximum spacing' The maximum distance from any point on street or road frontage to a hydrant between fire hydrants shall be 150 feet. Appendix C, Table C102.1 - Amended - Required number and spacing of fire hydrants. columns for "Average spacing Between Hydrants" and ooMaximum Distance From Any Point On Street Or Road Frontage To A Hydrant" and footnotes "a" through "d","f', and "g" are deleted in their entirety' 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.Dl03.4 - Amended - Dead ends. Ordinance No. 938 Page22 of3l AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (Gallons Per Minute) FLOW DURATION (Hours) Section 903.3.1.1 of the California Fire Code 25o/o of the value in Table 8105.1(2)' Duration in Table 8105.1(2) at the reduced flow rate Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) shall be provideà 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 *ìth p.r*unent 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 12. Chapter 15.30, 'oAdministrative Citations for Fireworks" of the Rohnert Park Municipal Code is repealed. SECTION 13. Chapter 9.49, "Fireworks Regulations" of the Rohnert Park Municipal Code is hereby enacted as follows: Chapter 9.49 - Fireworks Regulations Section 9.49.010 - Purpose and scope. A. This chapter provides for the regulation of the manufacture, transportation, possession, use, and sale of state- approved ñreworks and within the City of Rohnert Park and the imposition, enforcernent, collection, and administrative review of all administrative fines, relàted 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 excãption 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 this ChaPter. B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city aùthorized under this Chapter; and the issuance of a citation to any person constitutes but one remedy to redress violations of this Code by any person. By aOäpting this chapter, the city does not intend to limit its authority to employ any other r.*idy, riuil or ciiminal, 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 addition to any administrative fines imposed under this chapter' Section 9.49.020 - Definitions. Ordinance No. 938 Page 23 of31 As used in this chapter, the following words and phrases shall have the following meanings: A. "Affi liat ed Organizations" means: l. 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 andlor 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. B. "Dangerous fireworks" shall mean dangerous ftreworks as defined in Health and Safety Code Sections 12505 and 12561and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference. C. "Non-prof,rt organization" means 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 organizationaffiliated 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 andl or private community college, college and/ or university which is located within the boundaries of the City of Rohnert Park. D. "Person" means any individual, firm, partnership, joint venture, association, concem, corporation, state, trust, business trust, receiver, syndicate or any other group or combination acting as a unit. E. "Principal and Permanent Meeting Place" means any location used as a meeting place, including but not limited to, a permanent structure, playing field, or limited geographic atea. F. "Public Display of Fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. G. "Pyrotechnic displays" means 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. H. "Safe and sane fireworks" and "state-approved fîreworks" 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. I. "Social host" means: 1. Any owner of private property as listed on the most recent assessment roll; 2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or Ordinance No. 938 Page24 of3l 3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. J. "strictly liable" means liable for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act. Section 9.49.030 - Manufacturing, Sale, Distribution and Use of Fire Works. The manufacturing of fireworks is prohibited except under special permits as required by state regulations. Scction 9.49.040 - Unpermitted Sales Unlawful. 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 g.49.050 - General prohibition against possession, sale or use of dangerous fireworks. Except as otherwise provided in this Chapter, no person shall possess, sell, use, display or explode any rocket or any dángerous frreworks, by whatsoever name known, within the City of Rohnert Park. Section 9.49,060 - 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 9.49.070 - Authorized use of state-approved fireworks. The use of state-approved fireworks may only occur during the period beginning on the second of July and ending on the fourth of July between the hours of eight a.m. and ten-thirty p.m. Section 9.49.080 - 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. 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 affrliated. 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 Department of Public Safety upon receipt and approval of the application by the non-profit organlzation. The clean-up areas are the designated parks and City-owned parking lots within the City of Rohnert Ordinance No. 938 Page 25 of31 park. The Director of Public Works or his/her designee will check the clean-up site and then report their findings to the Department of Public Safety. The Departrnent will make the final determination if the deposit will be refunded. Section 9.49.090 - 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 ttre-ónd 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. 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 certifrcate 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 códe 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 9.49.100 - 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 Ordinance No. 938 Page 26 of3l 2. The applicant is not in compliance with any of the requirements ofthis 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. 4. Applicant failed to clean their area of responsibility as required per Section 9.49.080 (D) under the terms of a prior issued permit. B. Any denial of a permit pursuant to this section may be appealed pursuant to the procedures set forth in section 9 .49 .17 0 (b) of this Chapter. Section 9.49.110 - Operation of fireworks stand. A. No person shall knowingly sell fireworks to any person under the age of eighteen. B. Proof thatthe fireworks stand operatorlorganization demanded, was shown, and acted in reliance upon bona frde 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 frde 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. 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 nonprofrt 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 9.49.120 - Temporary ftreworks stand regulations. A. All retail sales of state-approved fireworks shall be permitted only from within a temporary fireworks stand, and retail sales from any other building or structure is hereby prohibited. B. Temporary stands shall be subject to the following provisions: l. 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 ofthree hundred fifty square feet. 2. 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. Ordinance No. 938 Page27 of3l 3. Each stand shall be provided with one 2A10BC fire extinguisher, in good working order and easily accessible for use in case offire. 4. All weeds and combustible materials shall be cleared from the location of the fireworks stand to a distance of at least twenty-five feet surounding the fireworks stand. 5. All trash resulting from the operation ofthe fireworks stand must be removed on a daily basis. 6. "NO SMOKING" signs shatl 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. 7. Each fireworks stand must have an adult in attendance and in charge thereof while fireworks are stored therein. 8. Sleeping or remaining in the stand after close of business each day is forbidden. g. 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. 10. On closing of the state-approved fireworks stand, all litter shall be removed from the premises.ln addition, all unsold stock of fireworks in the hands of the permittee after ninr p... on the 4th day of July shall be returned to the wholesaler/distributor within tweniy-four hours and removed from the City of Rohnert Park within ten days. 1 1. Each 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. Section 9.49.I30 -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 ofeach year. Section 9.49.I40 - Prohibited activities near fireworks stands A. No person shall smoke within twenty-five feet of the state-approved fireworks stand. B. 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 9.49.150 - Supervision of minors. A. 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 da:ngeroui, 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. B. Any person having the care, custody, or control of a minor shall be strictly liable for any untu*fut ignition, use, or discharge of any dangerous fireworks in violation of section 9.69.050 or of state- approved fireworks in violation of section 9.69.070 by such minor. Ordinance No. 938 Page 28 of31 Section 9.49.160 -Social Host Liability. A. No owner of private property shall be liable under this section for a violation of section 9.69.050 or 9,'69.070 ôn fttut property if the owner can demonstrate that at the time of such violation they (i) had rented ór leased the property to another, (ii) was not present, and (iii) had no prior knowledge of the violation. B. No p"rion who has tñe right to use, possess or occupy a unit in a multifamily residential property under a lease, r"ntul agreement or contract shall be liable under this section for vioiations of section 9.69.050 or 9.69.070 occurring in the common areas of the property. C. Nothing in this section shall limit the liability of any social host for a violation of section 9.69.050 or 9.69.070 by the social host. Section 9.49.170 - Revocation of Permit and Appeals. A. 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 pìace before the City Manager, if requested by the permittee. If the revocation occuis between June 22nd and July 4th, the fire code official shall inform the permittee that the permittee may seek review of the fire code off,rcial's decision by the City Manager on the next business day or as soon as possible thereafter. B. At the earliest opportunity on the next business day after the revocation or any decision of the fire code official subjèct to appeal under this chapter, the fire code official shall provide the City Manager with written notice of the permittee's alleged violation, including the name of the p"i*itt". and a brief statement of the grounds for potential revocation, or the basis of the iire code official's decision. The City Manager shall meet with the appellant and the fire code official on that day upon the appellant's request, or as soon as possible thereafter, to review the fire code official's decision. The decision of the City Manager shall be final. Section 9.49.180 - Enforcement. A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1'25 of this Code. The amount of the administrative penalty for violations of this chapter pertaining to fireworks shall be governed by Section 9.49.190. B. The fire code official or his/her designee shall enforce the provisions of this Chaptet 9.49. Section 9.49.190 - Additional violation. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. Section 9.49.200 - Penalties for violations. ^*ffiîl jlSli'":*iff i jîi,"#îT,î:niäi;,tr"Til"':;,i:1f#,"ï''* B. Each person who violates any provisions of this chapter as they relate to the possession, use, storage, sale, and/or display of"dangerous fireworks" shall also ùe subject to the imposition and payment of an administrative fine of one thousand dollars per o"cur.ence, 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 Ordinance No. 938 Page 29 of31 by the office of the state fire marshal for the transportation and disposal of any dângerous fireworks seized from the person. The costs incured by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office. Ifthose regulations have not been adopted by the office ofthe 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. C. Each person who violates any provisions of this chapter as they relate to the possession, use, storage, sale, andior display of "safe and sane fireworks" on or àt dates, times, and/or locations other than those permitted by this chapter shall be subject to the imposition of payment of an administrative fine, and a late charge if not paid within thirty days of the date of citation, as provided below: Number of Offenses in One Year Amount of Administrative Penalty Late Charge Total Amount of Penalty Plus Late Charge First $2s0.00 $75.00 $ 32s.00 Second $s00.00 $150.00 $650.00 Third $7s0.00 $300.00 $1,050.00 D. Nothing in this section shall be intended to limit any of the penalties provided for undãr the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation ofdangerous fireworks. Thè penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this article or any other law, statute, ordinance or regulation. SECTION 14. Section g.28.030 ofthe Rohnert Park Municipal Code is hereby amended to read in its entirety as follows: 8.28.030 - Secured openings. Where a structure fire has occurred, and the building official has declared the structure to be substandard within the meaning of Health and Safety Code 17920.3 or dangerous under any applicable building code provision, including California Fire Code section I 11, the owner ihall secure each opening, such as a garage door, entry and exit doors and windows to the structure, so as to prevent entry within thirty days of the structure fire, or the completion of any fire investigation, whichever is later. Materials used for securing openings shall be plywood or other equivalent material, as approved by the building official. SECTION 15. SEVERABILITY Should any section, subsection, paragraph, sentence, clause, or phrase ofthis ordinance be declared unconstitutional or invalid for any ì.áron, such declaration shall not affect the validity of the remaining portions of this ordinance' Ordinance No. 938 Page 30 of31 SECTION 16. EFFECTIVE DATE In accordance with Health and Safety Code section 18941.5, this ordinance shall take effect on January l,2020. However, where applications and plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2016 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any applicable ordinance of the City of Rohnert Park, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law. SECTION 17. PUBLICATION The Clerk shall cause this ordinance to be published in the manner required by law. SECTION 18. FILING WITH BUILDING STANDARDS COMMISSION The Clerk shall cause a certifìed copy of this Ordinance to be filed with the California Building Standards Commission in the manner required by law. This ordinance was introduced by the City Council of the City of Rohnert Park on November 12, 2019 andDULY AND REGULARLY ADOPTED this November 26,2019 by the following vote: AYES: f9."*.¡¡ru'r^,tbr (s AAcr-^1 fvl c-V".nË<- ,åfoSÞ.r+$ .U ì co-yl/trr,gQa,l'(ir"u-t NOES: lvo\\z ABSENT: fnotot tn-\ h-+fQ- ABSTAIN: /Jont CITY OF ROHNERT PARK ár?- Gina Belforte, Mayor ATTEST: M. Buergler, City Clerk APPROVED AS TO FORM: ,4^k Ordinance No. 938 Page 31 of3l S ", {ioKuain, As sistant C ity Attorney AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ) ss County of Sonoma I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 938 Summary of Ordinance No. 938 of the City Of Rohnert Park, California, Adopting the 2019 California Building Standards Code by Reference, as Amended to Reflect Local Conditions, Repealing And Replacing Chapters 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), and 15.28 (Fire Code) to Title 15 "Buildings And Construction", Amending Section 8.28.030 Regarding Securing of Dangerous Buildings, and Recodifying Existing Regulations in Chapters 15.28 and 15.30 Related to Fireworks in a New Chapter 9.49 (Fireworks Regulations) in Title 9 "Public Peace, Morals and Welfare" of the Rohnert Park Municipal Code was published on 11/15/2019 and 12106/2019, as required by law, and posted in five (5) public places in said City, to: www.rpcity.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, California 94928 on 11/15/2019 and 12/06/2019. Summary of Ordinance No. 938 was published in the Community Voice on 11/15/2019 and 12/06/2019 as required by law. 7) ÷o,An a9 Y Buer ler it Clerk Subscribed and sworn to before me this December 16, 2019 Sylvia Lopez Cuevas, Assistant City Clerk CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OFSONOMA ROI"INERT PARK DEC I 2 201e i]i-IY CLERK City of Rohnert Park Snmmary of Ordinance #938 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States , over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of Califomia; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 ofthe Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination oflocal and telegraphic news and intelligence of a general character, having a bona fide subscription list ofpaying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, r'aces or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein rnentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary ofOrdinance#g3S"ofwhichtheannexedisaprintedcopy,waspublishedinsaidnewspaperatleast-l consecutivetime(s), commencing on the 6 day December 2019 and ending on the 6 day December 2019. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and coüect EXECUTED this 6 day December 2019, aI Rohnert Park, California. Signed Claudia Smith Chief Cleft lf fd -9FE53iËt E(J a) -< èàc6ı cGc E(J o o =o 5 E ı Eo ø qt Nco o6 =qî EG! o¡ E Ê cf0o @ 6O -6 O -N>ies50CE.4 =otÊ ooãroıgii o tlÀF to =!o oo 6O =z ..:F=z<UF@øóoqE<z oz o RCIi.INEFìT PARK l,l0v 21 20t9 CITY Cl-EffiK CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Summary of O¡dinance No. 938 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of Califomia; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 358 1 5 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a genelal character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary of Ordinance No. 938" of which the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s), commencing on the 15 day November ,2019 and ending on the 15 day of November, 2019. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 15 day of November,2019,at Rohnert Park, Califomia. Signed (Uz"**/¡ tt¿'L," Claudia Smith (Chief Clerk È -65ÀÞËoÊIG6¡ OoıEEıb<àà{(5 i5 @ ôo FË 'rt > 3= Èe9È9ı