RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/05/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to introduce the proposed ordinance ratifying and adopting the Los Angeles County Fire Protection District Fire Code along with its more restrictive building standards RECOMMENDED COUNCIL ACTION: (1) Review Staff responses to questions raised by City Council at the June 6, 2017 and August 8, 2017 meetings; and, (2) Introduce Ordinance No., AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 32, ENTITLED FIRE CODE OF THE LOS ANGELES COUNTY CODE FOR THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, WHICH IN TURN ADOPTS BY REFERENCE, WITH CERTAIN CHANGES AND AMENDMENTS, THE 2016 EDITION OF THE CALIFORNIA FIRE CODE AND THE 2015 EDITION OF THE CALIFORNIA FIRE CODE AND THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, AND RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN TITLE 32, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. FISCAL IMPACT: None Amount Budgeted: Additional Appropriation: Account Number(s): N/A N/A N/A ORIGINATED BY: Tom DeFazio, Interim Building Official TdF REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. (page A-1) B. Section 324 of Ordinance No. 2017-003 adopted by the Los Angeles County Board of Supervisors (page B-1) BACKGROUND AND DISCUSSION: At a previous meeting on June 6, 2017, the City Council raised several questions concerning the adoption of the Los Angeles County Fire Code (LACFC), and the potential added costs to residents when obtaining building permits due to the more 1
restrictive building standards contained in this Code as compared to the California Fire Code (CFC) on which it is based. Also, at the August 8, 2017, City Council meeting, during the discussion of a separate matter, a question was raised concerning a driveway width requirement mandated by the Fire Department for a project located on Crownview Drive. The table below summarizes the questions raised, the applicable code requirements, and the potential added construction requirements and triggers. Issue LACFC CFC Comments Fire flow requirements Fire hydrant upgrades or new installation Sprinklers for new additions Sprinklers for new homes Fire access road minimum dimension to be 20 1,250 gallons per minute (GPM) (LACFC B105.1) Maximum 600 (LACFC C105.2) (LACFC 903.2.11.7) Not applicable (LACFC 503.2.1) 1,000 GPM (CFC B105.1) Maximum 500-200 depending on fire flow requirements (CFC CC105.1) No requirement Not applicable (CFC 503.2.1) There are number of triggers for a fire flow test, such as the size of the proposed addition, a Fuel Modification Plan, or whether the existing structure has sprinklers. Based on fire flow tests conducted by CalWater, an existing hydrant and/or pipes may have to be upgraded. There are number of triggers for the installation or upgrade of a fire hydrant, such as the size of the proposed addition, a Fuel Modification Plan, or whether the existing structure has sprinklers. A new fire hydrant may be required based on the distance of the fire hydrant to the project site. Required where 50% or more added to existing square footage with the exception that sprinklers are not required if the total square footage, including the addition, is less than 5,000 square feet. Required per California Building Code Sections 402.5 and 903.2.8 for all new homes Triggered for new residential projects where an existing access road is undersized to support fire apparatus. Staff met with representatives from both the Los Angeles County Fire Department (LACoFD) and California Water Service (CalWater) on August 1, 2017, to gather information concerning the fire flow and hydrant size questions. LACoFD Battalion Chief Richard Stillwagon explained that the City s located within a designated high fire 2
hazard area which mandates a higher fire flow requirement (1,250 GPM) and an increased hydrant size in order to have the capability to fight a house fire and potential adjacent brush fire simultaneously from the same hydrant (this requirement doesn t apply in less severe fire zones, i.e. flatlands). CalWater s Cory Bradbury stated that CalWater does have a 100-year plan to replace the existing water lines in the City, and that when the lines are replaced they will size the lines based on the flow capacity required by LACoFD. However, he also stated that CalWater is not obligated to upgrade the pipes or hydrants on a piecemeal basis to accommodate construction projects, and that the responsibility and cost is borne by a property owner when triggered by a project. CalWater does not apply a fair share cost assessment to property owners benefitting from the fire hydrant installation. Representatives from LACoFD and CalWater will be attending the September 5 th meeting. The Ordinance presented for introduction this evening adopts the Los Angeles County Fire Protection District Fire Code as the City's Fire Code and ratifies the building standards relating to fire and panic safety, which are more restrictive than those adopted by the State Fire Marshal and contained within the California Building Standards Code. The California Health and Safety Code Section 13869.7 authorizes the District to adopt such standards but requires ratification by any local legislative body within the District s jurisdiction before the more-restrictive standards can be enforced in the jurisdiction. Similar, more-restrictive building standards are contained in the existing District Fire Code and have been in effect and are an integral part of the District s fire protection plan. Modifications were recently adopted on January 24, 2017, and are contained in the current Ordinance. The proposed, more restrictive, Building Standards have been editorially reformatted and renumbered to be consistent with the State Building Standards Code, Part 9 (State Fire Code). Relevant changes in the 2017 Fire Code from the existing 2014 Fire Code include: All existing fees have been increased since fees have not increased since their inception in 2007. New permit, plan review and inspection fees have been added. More restrictive code language has been added for smoke and heat vents on certain commercial buildings. These more restrictive requirements were deleted mid-code cycle from the model code. Appendix B (Fire Flow Requirements for Buildings): Previously adopted; adding the District s requirements for tank size, memorializing the District s policy guiding when land owners have to connect to an existing water system, changed fire flow requirements to mirror state requirements in low-hazard wildland fire areas. Appendix C (Hydrant Locations and Distribution): Previously adopted; remove state language, install the District s standards, added locations on the District s streets. Appendix D (Fire Apparatus Access Roads): Not previously adopted; adopt state appendix, a few changes to allowed road width and grade. 3
California Health and Safety Code Section 13869.7 requires the Fire District and each city to make and to file findings that support the need for more restrictive building standards based on local climatic, geological, or topographical conditions. Those findings from Ordinance No. 2017-003 adopted by the Board of Supervisors are attached hereto as Attachment B. Finally, California Government Code Section 50022.2, et seq. contains the requirements for the City to adopt the District Fire Code by reference. Section 50022.2 requires the City Council to hold a first reading of the title of the proposed ordinance adopting the District Fire Code by reference, the title of the code to be adopted by reference thereby, and of the title of the secondary codes therein adopted by reference (the 2016 California Fire Code and 2015 International Fire Code). After the first reading, the City Council must schedule a public hearing for adoption of the proposed ordinance. Notice of the hearing must be published pursuant to Government Code Section 6066 in a newspaper of general circulation in or nearest to the adopting local agency two times consecutively, with at least five days in between, for a total period of fourteen (14) days. After the hearing, the City Council may adopt the proposed ordinance in the same manner in which it is empowered to adopt any other ordinance. As required by Government Code section 50022.2, et seq., it is recommended that the City Council introduce the proposed Ordinance, and schedule the proposed Ordinance for a second reading, public hearing, and possible adoption at the September 19, 2017 meeting. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council s consideration: 1. Continue the matter to a date certain and provide additional direction to Staff. 4
ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 32, ENTITLED FIRE CODE, OF THE LOS ANGELES COUNTY CODE FOR THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, WHICH IN TURN ADOPTS BY REFERENCE, WITH CERTAIN CHANGES AND AMENDMENTS, THE 2016 EDITION OF THE CALIFORNIA FIRE CODE AND THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, AND RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN TITLE 32, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF WHEREAS, the City of Rancho Palos Verdes lies within the jurisdictional boundaries of the Consolidated Fire Protection District of Los Angeles County ( District ); and, WHEREAS, the District has responsibility for fire protection within said jurisdictional boundaries, and is governed by Title 32, entitled Fire Code, of the Los Angeles County Code ( District Fire Code ); and, WHEREAS, the County Board of Supervisors, acting as the Governing Body of the District did on January 24, 2017, through Ordinance No. 2017-003 adopt amendments to the District Fire Code by adopting by reference, with certain changes and amendments, the 2016 Edition of the California Fire Code and the 2015 edition of the International Fire Code; and, WHEREAS, as allowed by state law, the District Fire Code contains local amendments that constitute more restrictive building standards relating to fire and panic safety than those adopted by the State Fire Marshal and contained in the California Building Standards Code; and, WHEREAS, pursuant to Section 13869.7, subdivision (c) of the California Health and Safety Code, local amendments containing such more restrictive building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council; and, WHEREAS, it is the intention of the City to ratify all of these more restrictive building standards and to have those standards be enforced in the City; and, WHEREAS, the City has properly complied with all procedures and requirements of California Government Code section 50022.1, et seq. to adopt the District Fire Code by reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: A-1
SECTION 1. The City Council finds that the recitals contained in this ordinance are true and correct, relies upon them in passing this ordinance, and incorporates them as though set forth in full herein. SECTION 2. Section 8.08.010 of Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended and shall read as follows: 8.08.010 Fire code adopted. Except as hereinafter provided in this chapter, the 2017 Los Angeles County Fire Code, Title 32, of the Los Angeles County Code, as amended and in effect on January 24, 2017, which constitutes an amended version of the 2016 Edition of the California Fire Code, including Chapters 1 through 80 and Appendices B, BB, C, and CC, including errata and supplements, published by the California Building Standards Commission, and Chapters 1 through 7, Chapters 9 through 10, Chapters 20 through 36, Chapters 50 through 55, Chapters 57 through 67, Chapter 80, Appendix D and Appendix N of the 2015 Edition of the International Fire Code, published by the International Code Council, are hereby adopted by reference and incorporated into this Chapter 8.08, and shall constitute and may be cited as the Fire Code of the City of Rancho Palos Verdes. In the event of any conflict between provisions of the California Fire Code, 2016 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rancho Palos Verdes Municipal Code, the provision contained in the municipal code shall control. A copy of the fire code shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. SECTION 3. Unless expressly repealed or amended herein, the previously enacted provisions of Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code shall remain in full force and effect. SECTION 4. The City Council finds that the more restrictive building standards contained in the District Fire Code are reasonably necessary due to local climatic, geological, or topographical conditions in the City and adopts by reference the specific findings made in Section 324 of the Ordinance No. 2017-003 adopted by the Board of Supervisors regarding these local conditions, a copy of which is attached hereto as Exhibit 1. SECTION 5. Pursuant to Health and Safety Code section 13869.7, the City Council delegates authority to the District Fire Chief to enforce the District Fire Code, including the more restrictive building standards contained in the District Fire Code, as ratified herein by the City within the City s jurisdictional boundaries. SECTION 6. The adoption of this Ordinance is hereby determined to be exempt from the California Environmental Quality Act pursuant to State Guidelines Section A-2
15061(b)(3) as a project that has no potential for causing a significant effect on the environment. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Except as otherwise specifically provided in this Ordinance, all other provisions of Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code remain the same. SECTION 9. Penalty Provisions. All violations of the Building Code adopted by the City in 8.08.010 shall be subject to the penalty provisions contained in Chapter 1.08 of the Rancho Palos Verdes Municipal Code. SECTION 10. Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy hereof to be forthwith transmitted to the following: California Department of Housing and Community Development, Division of Codes and Standards, 2020 West El Camino Avenue, Suite 250, Sacramento, California 95833-1820, California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833 and, Consolidated Fire Protection District of Los Angeles County, Attn: Chief Mark Savage, Fire Marshal, 5823 Rickenbacker Road, Commerce, California 90040. A-3
PASSED, APPROVED and ADOPTED this day of 2017. ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on, 2017, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on, 2017, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK A-4
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