Item 1.6 - Second Reading and Adoption of Ordinance No. 835city of Poway
COUNCIL AGENDA REPORT
DATE: December 17, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Faviola Medina, City Clerk '1---V\
CONTACT: (858) 668-4535 or finedina@poway.org
SUBJECT:
Summary:
Second Reading and Adoption of Ordinance No. 835 entitled "An
Ordinance of the City Council of the City of Poway, California, Amending
Poway Municipal Code, Chapters 15. 02, 15.04, 15.08, 15.10, 15.12, 15.16,
15.18, 15.19, 15.21, 15.22, 15.23, 15.24, Adopting by Reference the 2019
California Administrative Code, the 2019 California Building Standards
Codes, which Includes the 2019 California Building Code, the 2019
California Residential Code, the 2019 California Electrical Code, the 2019
California Mechanical Code, the 2019 California Plumbing Code, the 2019
California Energy Code, the 2019 California Historical Building Code, the
2019 California Fire Code, the 2019 California Existing Building Code, the
2019 California Green Building Standards Code, and 2019 Referenced
Standards Code with Local Amendments"
The introduction and first reading of the above -entitled Ordinance was approved at a Regular City
Council Meeting on December 3, 2019. All Councilmembers were present. There were no
speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: FRANK, GROSCH
NOES: VAUS
ABSTAINED: MULLIN, LEONARD
ABSENT: NONE
DISQUALIFIED NONE
Recommended Action:
It is recommended that the City Council adopt Ordinance No. 835.
Fiscal Impact:
None.
Environmental Review:
This project is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b)(3) in that it entails the adoption of State -mandated Building Codes,
1 of 39 December 17, 2019, Item #1.6
with minor amendments, and there is no possibility that this activity will have an effect on the
environment.
Public Notification:
A public hearing summary notice was published in the Poway News Chieftain on Thursday,
November 21, 2019. A second summary notice will be published in the same publication on
Thursday, December 26, 2019. A certified copy of this Ordinance will also be posted in the Office
of the City Clerk in accordance with Government Code section 36933.
Attachment:
A. Ordinance No. 835
Reviewed/Approved By:
e
Reviewed By:
WendSr Kaserman Alan Fenstermacher
Assistant City Manager City Attorney
2of39
Approved B
Chr Ha
City Manager
December 17, 2019, Item #1.6
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING POWAY MUNICIPAL CODE,
CHAPTERS 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15. 19,
15.21, 15.22, 15.23, 15.24, ADOPTING BY REFERENCE THE
2019 CALIFORNIA ADMINISTRATIVE CODE, THE 2019
CALIFORNIA BUILDING STANDARDS CODES, WHICH
INCLUDES THE 2019 CALIFORNIA BUILDING CODE, THE 2019
CALIFORNIA RESIDENTIAL CODE, THE 2019 CALIFORNIA
ELECTRICAL CODE, THE 2019 CALIFORNIA MECHANICAL
CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019
CALIFORNIA ENERGY CODE, THE 2019 CALIFORNIA
HISTORICAL BUILDING CODE, THE 2019 CALIFORNIA FIRE
CODE, THE 2019 CALIFORNIA EXISTING BUILDING CODE, THE
2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND
THE 2019 REFERENCED STANDARDS CODE WITH LOCAL
AMENDMENTS
WHEREAS, On December 6, 2016, the City Council adopted the 2016 Edition of the
California Building Standards Codes, including the introduction of a centralized California Fire
Code. These codes, which are adopted by reference, have recently been replaced by the 2019
Edition of the California Building Standards Code. The 2019 Edition codes will go into effect on
January 1, 2020. The California Building Standards Commission published the 2019 California
Building Standards Code which is based on the 2018 International Building Code, the 2018
International Residential Code, the 2018 International Existing Buildings Code, the 2018
International Fire Code, the 2018 Uniform Plumbing Code, the 2018 Uniform Mechanical Code,
and the 2017 National Electrical Code. The purpose of this Ordinance is to update the Poway
Municipal Code (PMC) to the current State -mandated code edition and to incorporate local
amendments which address the City's specific needs based upon zoning regulations and unique
climate, topography, and geology;
WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain
climatic, geologic, and topographic features that can have a deleterious effect on emergency
services such as fire protection and emergency medical services;
WHEREAS, the City Council of the City of Poway finds that the modifications and changes
to the 2019 California Fire Code are reasonably necessary because of the local climatic,
geological, and topographical conditions incorporated by reference herein as Exhibit A;
WHEREAS, certain amendments to the 2019 California Fire Code are necessary to
mitigate said deleterious effects to the extent possible;
WHEREAS, California Health and Safety Code Section 17922 and 17958 requires that
jurisdictions adopt building regulations that are substantially the same as those adopted by the
California Building Standards Commission; and contained in the California Building Standards
Code;
WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the California Government
Code provide authority for cities to adopt state codes, or portions of state codes, by reference;
WHEREAS, code amendments adopted by the State of California shall take precedence
over the 2018 International Fire Code language. The 20185 International Fire Code language
3 of 39 December 17, 2019, Item #1.6ATTACHMENT A
shall be used for those code sections not adopted by the State;
WHEREAS, local amendments adopted by the City of Poway shall take precedence over
both the 2018 International Fire Code and 2019 California Fire Code provisions;
WHEREAS, on December 3, 2019, the City Council held a duly advertised public hearing
to solicit comments from the public, both for and against, relative to this ordinance; and
WHEREAS, the City Council has read and considered the agenda report for the proposed
project and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council finds that local climatic; geographical and topographical
conditions, including the terrain; high summer month temperatures; population growth rate;
housing and occupancy conditions and needs; and the environment existing in the City of Poway
constitute conditions which require that the California Building Standards Code be modified as
set forth herein.
SECTION 3: The City Council hereby approves this ordinance and amends certain
sections of the PMC as specified below. Removals are indicated with strikethroughs and additions
are indicated with underline.
SECTION 4: This project is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it entails the adoption of State -
mandated Building Codes, with minor amendments, and there is no possibility that this activity
will have an effect on the environment.
SECTION 5: Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15.18, 15.19, 15.21,
15.22, 15.23, and 15.24, of the PMC shall be amended as follows [entire Chapter is shown]:
Sections:
15.02.010
15.02.030
1 4 1
Chapter 15.02
UNIFORM -ADMINISTRATIVE CODE
Adoption of U-RifoAdministrative Code.
A ...
Section 102.2 amended.
15.02.050
15.02.060
15.02.070
15.02.080
15.02.090
15.02.100
15.02.110
15.02.120
15.02.130
4 of 39
Section 202.11 added.
Section 204.1 amended.
Section 206 added.
Section 301.1 amended.
Section 304 amended.
Section 305.2.1 added.
Section 305.5 amended.
Section 309.3 amended.
Tables No. 3-A through No. 3-H deleted.
December 17, 2019, Item #1.6
15.02.010 Adoption of the U-niformCalifornia Administrative Code, Part 1, Title 24 of the
California Code of Regulations.
2 (B), 2000) There is hereby adopted and incorporated by reference herein that certain
document known as the California Administrative Code, Part 1, Title 24 of the 2019 California
Code of Regulations, published by the California Building Standards Commission. Said document
is adopted without change for the purpose of establishing the administration, organization, and
enforcement of rules and regulations for the 2019 California Code of Regulations adopted by the
City. All provisions of the California Administrative Code, 2019 Edition, are referred to, adopted
and made a part of this code, as though fully set forth herein.
PMC 15.02.030 through 15.02.130.
EXCEPTION: The installation of wood shingle or shake roofing material for re -roofing or
5 of 39 December 17, 2019, Item #1.6
Sec. 206 Public Nuisance. Any building or structure erected, constructed, enlarged,
altered, repaired, moved, improved, removed, converted, or demolished, equipped, used,
in connection with the erection, construction, enlargement, alteration, repair, movement,
a building or structure erected, constructed, enlarged, altered, repaired, moved, improved,
15.02.080 Section 301.1 amended. Section 301.1 of the Uniform Administrative Code,
issued if the City Engineer determines that flooding or geologic conditions at the site may
SECTION 304 FEES
City Council.
projects subject to State energy code compliance and/or State disabled access regulation
6 of 39 December 17, 2019, Item #1.6
30,1.3 Plan Review Fees. When submittal documents are required by Section 302.2, a
Saki -plan -review -fee -shall -be 65 percent of the building permit fee shown in a resolution duly
review or when the project involves deferred submittal items as defined in Section 302.4.2, an
City Council.
new plan check fee
304.5 Investigation Fees: Work without a Permit.
1
Council.
7 of 39 December 17, 2019, Item #1.6
building permit pursuant to this code unless City plan review and inspection services are
apPiy-
305.2.1 Circuit Cards. A complete schedule of circuits, showing the number and
the roof covering is approximately 50% installed to verify fastening and underlayment
15.02.130 Tables No. 3 A through No. 3 H deleted. Tables No. 3 A, No. 3 B, No. 3 C,
No. 3 D, No. 3 E, No. 3 F, No. 3 G and No. 3 H of the Uniform Administrative Code, 1997 Edition,
are deleted.
A. Chapter 15.04
Sections:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.
Regulations.
the purpose
enlargement,
8 of 39
BUILDING CODE
Adoption.
Findings.
Deletions, revisions and additions to the 20162019 California Building Code.
Section 105.2 amended.
Table 1505.1 amended.
Appendices Chapter C, H and I adopted.
010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of
There is adopted and incorporated by reference herein as the City Building Code for
of prescribing regulations in the City of Poway for the erection, construction,
alteration, repair, moving, removal, conversion, demolition, occupancy, equipment,
December 17, 2019, Item #1.6
use, height, area, and maintenance of buildings and structures, the 20162019 California Building
Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building
Standards Code, as defined in the California State Health and Safety Code, Section 18901 et seq.
which is based on the International Building Code, 204-52018 Edition, including those Appendix
Chapters adopted by this Chapter. Except as otherwise provided by this Chapter and Chapter 15.02
of the City of Poway Municipal Code, all erection, construction, enlargement, alteration, repair,
moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance
of buildings and structures within the City of Poway shall be in conformance with the 20162019
California Building Code, published by the California Building Standards Commission, which is based
on the International Building Code, 20152018 Edition and the adopted Appendix Chapters, published
by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1-4IL 60478.
15.04.020 Findings. The City of Poway has many Targe brush -covered hillsides. The City
is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme
fire dangers. The City Council specifically finds that these geographic and topographic conditions
necessitate greater fire protection than that provided by the 20462019 California Building Code.
Therefore, this chapter alters the International Building Code, 20162018 Edition, to require more fire -
retardant roof coverings.
15.04.030 Deletions, Revisions and Additions to the 20162019 California Building Code.
Deletions, revisions and additions to the 20162019 California Building Code, shall be as set forth in
Sections 15.04.0540 through 15.04.060.
15.04.040 Section 105.2 amended. Section 105.2 exemption 2 of the 2019 California
Building Code is amended to read as follows:
105.2 Work Exempt from Permit.
Building:
2. Fences not over 6 feet (1,829 mm) high.
15.04.050 Table 1505.1 Amended.—Table 1505.1 of the 20162019 California Building Code
is amended to read as follows:
TABLE 1505.1
MINIMUM ROOF COVERING CLASSIFICATION
FOR TYPES OF CONSTRUCTION
IA IB IIA IIB IIIA IIIB IV VA VB
A A A A A A A A A
15.04.060 Appendices C, H and I adopted. Appendix Chapters C, H and I of the 20462019
California Building Code, are adopted.
B. Chapter 15.08
ELECTRICAL CODE
Sections:
15.08.010 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code of
Regulations.
9 of 39 December 17, 2019, Item #1.6
15.08.010 Adoption of the California Electrical Code, Part 3, Title 24 of the California Code
of Regulations. There is adopted and incorporated by reference herein as the City Electrical Code
for the purpose of prescribing regulations in the City of Poway for the installation, alteration or repair
of electrical systems and permit requirements and inspection thereof, the 20162019 California
Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California
Building Standards Code which is based on the National Electrical Code, 20442017 Edition. Except
as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all
installation, alteration or repair of electrical systems within the City of Poway shall be in conformance
with the 2016 2019 California Electrical Code, published by the California Building Standards
Commission, which is based on the National Electrical Code, 20442017 Edition, published by the
National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269.
Chapter 15.10
RESIDENTIAL CODE
Sections:
15.10.010 Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code
of Regulations.
15.10.020 Findings.
15.10.030 Deletions, revisions and additions.
15A 0.040 Section R105.2 amended.
15.10.050 Section R902.1.3 amended.
15.10.060 Appendix H adopted.
15.10.010 Adoption of the California Residential Code, Part 2.5, Title 24 of the California
Code of Regulations. There is adopted and incorporated by reference herein as City Residential
Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration
or repair of use and occupancy, location and maintenance of detached one- and two-family dwellings
and townhouses not more than three stories above grade plane and permit requirements and
inspection thereof, 20462019 California Residential Code, Part 2.5 , Title 24 of the California Code
of Regulations, a portion of the California Building Standards Code published by the California
Building Standards Commission which is based on the International Residential Code published by
the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 14 IL 60478.
15.10.020 Findings. The City of Poway has many large brush -covered hillsides. The City
is subject to frequent Santa Ana conditions consisting of dry gusting winds, which create extreme
fire dangers. The City Council specifically finds that these geographic and topographic conditions
necessitate greater fire protection than that provided by the 20162019 California Residential Code.
Therefore,. this chapter alters the California Residential Code to require more fire -retardant roof
coverings.
15.10.030 Deletions revisions and additions. Deletions, revisions and additions to the
20162019 California Residential Code shall be as set forth in sections 15.10.0540 through 15.10.060.
15.10.040 Section R105.2 amended. Section R105.2 exemption 2 of the 2019 California
Residential Code is amended to read as follows:
R105.2 Work Exempt from Permit.
Building:
2. Fences not over 6 feet (1,829 mm) high.
15.10.050 Section R902.1.3. Section R902.1.3 of the California Residential Code is
10 of 39 December 17, 2019, Item #1.6
amended to read as follows:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every
existing structure where more that 50 percent of the total roof area is replaced within any one-year
periods, the entire roof covering of every new structure, and any roof covering applied in the
alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof
covering that is at least Class A.
15.10.060 Appendix H adopted, Appendix H of the 20162019 California Residential Code
is adopted.
Chapter 15.12
PLUMBING CODE
Sections:
15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of
Regulations.
15.12.020 Appendices G and I adopted.
15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code
of Regulations. There is adopted and incorporated by reference herein as the City Plumbing Code
for the purpose of prescribing regulations in the City of Poway for the construction, alteration, moving,
demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or
treating equipment in or on any building or structure or outdoors on any premises or property, the
20162019 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion
of the California Building Standards Code, as defined in the California Health and Safety Code,
Section 18901 et seq. which is based on the Uniform Plumbing Code, 20162018 Edition. Except as
otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all
construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping
and systems or water heating or treating equipment within the City of Poway shall be in conformance
with the 22019 California Plumbing Code published by the California Building Standards
Commission which is based on the Uniform Plumbing Code, 20-1a2018 Edition, published by the
International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut,
California, 91789-2825.
15.12.020 Appendices G and I Adopted. Appendices G and I of the California Plumbing
Code are adopted.
Chapter 15.16
C. MECHANICAL CODE
Sections:
15. 16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of
Regulations.
15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code
of Regulations. There is adopted and incorporated by reference herein as the City Mechanical Code
for the purpose of prescribing regulations in the City of Poway for the erection, installation, alteration,
repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling,
refrigeration systems, incinerators or other miscellaneous heat -producing appliances, the 20162019
11 of 39 December 17, 2019, Item #1.6
California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the
California Building Standards Code, as defined in the California Health and Safety Code, Section
18901 et seq. which is based on the Uniform Mechanical Code, 201 2018 Edition. Except as
otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all
erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of
any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat -
producing appliances shall be in conformance with 20162019 California Mechanical Code, published
by the California Building Standards Commission and any rules and regulations promulgated
pursuant thereto.
Chapter 15.18
D. ENERGY CODE
Sections:
15.18.010 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of
Regulations.
15.18.010 Adoption of the California Energy Code, Part 6, Title 24 of the California Code of
Regulations. There is adopted and incorporated by reference herein as the City Energy Code for
the purpose of prescribing regulations in the City of Poway for the conservation of energy the
20162019 California Energy Code, Part 6, Title 24 of the Califomia Code of Regulations, a portion
of the California Building Standards Code, as defined in the California Health and Safety Code,
Section 18901 et seq. and the California Energy Code, 20162019 Edition. Except as otherwise
provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction of
buildings where energy will be utilized shall be in conformance with the 20162019 California Energy
Code and any rules and regulations promulgated pursuant thereto, including the California Energy
Code, 28462019 Edition, published by the California Energy Commission.
Chapter 15.19
HISTORICAL BUILDING CODE
Sections:
15.19.010 Adoption of the 20162019 California Historical Building Code, Part 8, Title 24 of the
California Code of Regulations.
15.19.010 Adoption of the 20162019 California Historical Building Code, Part 8, Title 24 of
the California Code of Regulations. There is adopted and incorporated by reference herein as the
City's Historical Building Code for the purpose of prescribing regulations in the City of Poway to
provide alternative building regulations for the rehabilitation, preservation, restoration, or
relocation of designated historic buildings, the 20162019 California Historical Building Code, Part
8, Title 24 of the California Code of Regulations, a portion of the 20442019 California Building
Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq.
authorized by Health and Safety Code Sections 18950 through 18961).
12 of 39 December 17, 2019, Item #1.6
Chapter 15.21
EXISTING BUILDING CODE
Sections:
15.21.010 Adoption of the 20162019 California Existing Building Code, Part 10, Title 24 of the
California Code of Regulations.
15.21.010 Adoption of the 20162019 California Existing Building Code, Part 10, Title 24 of
the California Code of Regulations. There is adopted and incorporated by reference herein as the
City's Existing Building Code for the purpose of prescribing regulations in the City of Poway to
provide alternative building regulations for the rehabilitation, preservation, restoration, or
relocation of existing buildings, the 20162019 California Existing Building Code, Part 10, Title 24
of the California Code of Regulations, a portion of the 204.62019 California Building Standards
Code, as defined in the California Health and Safety Code, Section 18901 et seq, which is based
on the 2018 International Existing Buildings Code.
Chapter 15.22
GREEN BUILDING STANDARDS CODE
Sections:
15.22.010 Adoption of the California Green Building Standards Code, Part 11, Title 24 of the
California Code of Regulations.
15.22.010 Adoption of the California Green Building Standards Code, Part 11, Title 24 of the
California sCode of Regulations. There is adopted and incorporated by reference herein as the sCity
Green Building Standards Code for the purpose of prescribing regulations in the City of Poway for
the enhancement of the design and construction of buildings through the use of building concepts
having a reduced negative impact or positive environmental impact and encourage sustainable
construction practices the 20162019 California Green Building Standards Code, Part 11, Title 24 of
the California Code of Regulations, Aa portion of the California Building Standards Code, as defined
in the California Health and Safety code, Section 18901 et seq, and the California Green Building
Standards Code. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of
Poway Municipal Code, all construction of buildings shall be in conformance with the 20162019
California Green Building Standards Code and any rules and regulations promulgated pursuant
thereto, including the California Green Building Standards Code 20162019 Edition, published by the
California Building Standards Commission.
Chapter 15.23
REFERENCED STANDARDS CODE
Sections:
15.23.010 Adoption of the 20162019California Referenced Standards Code, Part 12, Title 24
of the California Code of Regulations.
15.23.010 Adoption of the 20462019 California Referenced Standards Code, Part 12, Title
24 of the California Code of Regulations. The California Referenced Standards Code, 20162019
edition, Chapter 15.23 is adopted by reference without change to Buildings and Construction Title
15.
13 of 39 December 17, 2019, Item #1.6
Chapter 15.24
FIRE CODE
Sections:
15.24.010 Adoption of California Fire Code.
15.24.020 Administration.
15.24.025 Appeals.
15.24.030 Definitions.
15.24.040 General precautions against fire.
15.24.050 Fire service features.
15.24.060 Building services and systems.
15.24.070 Fire sprinkler systems.
15.24.080999 Flammable finishes.
15.24.09041-0 Wildland-urban interface fire area.
15.24.100120 Fireworks display.
15.24.110130 Flammable and combustible liquids.
15.24.120440 Liquefied petroleum gases.
15.24.130170 Chapter 80 Referenced Standards.
15.24.140480 Appendix B, fire -flow requirements for buildings.
15.24.150490 Conflict.
The City of Poway adopts by reference the 20196 California Fire Code, excluding Section 103,
and including Appendix Chapters 4 and Appendices B, C F, H, and I, as published by the
International Code Council, except those portions that are deleted, modified, or amended by this
chapter. One copy of the above-mentioned code has been and is now filed in the office of the City
Clerk or the fire code official, City of Poway, and the same is adopted and incorporated as fully
as if set out at length herein. From the effective date of the ordinance codified in this chapter, the
provisions thereof shall be controlling within the limits of the City of Poway.
15.24.020 Administration
Section 102.13 is added to read:
102.13 Repeal of cGonflicting oQrdinances, resolutions or mMotions. All former
ordinances, resolutions, motions, or parts thereof that are conflicting or inconsistent with
the provisions of this Ordinance or of the Code or standards hereby adopted are repealed.
Section 104.8 is modified to read:
104.8 Modifications. Whenever there are practical difficulties involved in carrying out the
provisions of this code, the fire code official shall have the authority to grant modifications
for individual cases, provided the fire code official shall first find that special individual
reason makes the strict letter of this code impracticable and the modification is in
compliance with the intent and purpose of this code and that such modification does not
lessen health, life and fire safety requirements. The applicant's request for a modification
shall state the specific sections(s) for which a modification is requested, material facts
supporting the contention of the applicant, the details of the modification or mitigating
measure proposed and, if applicable, a map showing the proposed location and citing of
14 of 39 December 17, 2019, Item #1.6
the modification or mitigation measure. The details of action granting modifications shall
be recorded and entered in the files of the department of fire prevention.
Section 104.12 is added to read:
104.12 Cost rRecovery. The purpose of this section is to establish authority to obtain
reimbursement from responsible individuals for the expenses of any emergency response
and/or enforcement action by the City of Poway to protect the public from criminal or
negligent activities, and from fire or hazardous substances.
Section 104.12.1 is added to read:
104.12.1 Reimbursement. In accordance with Health and Safety Code Section 13000 et
seq., an individual who acts negligently or in violation of the law and thereby requires the
jurisdiction to provide an emergency response to a danger posed by a fire or hazardous
substance shall be liable for reimbursement to the agency for the costs incurredln
accordance with Government Code Sections 53150 through 53158, any individual who
is under the influence of an alcoholic beverage, or any drug, or the combined influence
of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle,
boat or vessel, or civil aircraft caused by that influence, proximately causes any incident
and thereby requires the agency to provide an emergency response, shall reimburse the
agency for the cost incurred.
Section 105.3.9 is added to read:
105.3.9 Expense rRecovery. The fire code official may impose a fee for recovery of
expenses incurred to enforce the fire prevention provisions of this code. Such expense
recovery fees shall be established by a resolution of the City Council.
Section 105.6.5264 is added to read:
105.6.5264 Christmas tTree !hots. An operational permit is required to operate a
Christmas tree lot with or without flameproofing services.
Section 105.6.5320.1 is added to read:
105.6.5320.1 Green wWaste rRecycling, mMulching, cGomposting °Operations and
sStorage. A operational permit is required for green waste recycling, mulching,
composting operations and storage.
15.24.025 Appeals.
Section 109.18 is modified to read:
109.18 Appeals procedure established. Whenever the fire code officialhas denied a
permit or other entitlement, or when it is alleged that a mistake has been made in the
interpretation or application of the code, the applicant may appeal the decision of the fire
code official to the City Manager by filing a written appeal with the City Clerk within 30
days of the decision. If the appeal is denied by the City Manager, the City Manager's
decision may be appealed to the City Council by filing a written appeal with the City Clerk
within 30 days of the City Manager's decision and paying of the appeal fee set forth in
the City's Master Fee Schedule for administrative appeals.
Section 11009.4 is modified to read:
15 of 39 December 17, 2019, Item #1.6
11009.4 Violation QPenalties. It is unlawful for any person to violate any of the provisions
of this Code or standards hereby adopted by reference as a part of this Code, or to fail to
comply with any lawful order issued pursuant to this Code, or to violate any permit or
condition of approval issued pursuant to this Code. It is further unlawful for any person to
fail to comply with any lawful order issued pursuant to this Code by the City Attorney or
by a court of competent jurisdiction. A violation of any provision of this Code, or failure to
comply with orders or conditions issued pursuant to this Code, shall constitute a
misdemeanor or (in the discretion of the prosecuting attorney) an infraction, in any event
as set forth in PMC Chapter 1.08 PMC. In addition to any criminal penalties any violation
may also be enforced by civil action, and shall be subject to civil and administrative
penalties, as set forth in PMC Chapters 1.08 and 1.10 PMC.
Section 1124.4 is modified to read:
1124.4 Failure to cGomply. It is unlawful for any person to continue any work after having
been served with a stop -work order, except such work expressly identified in the stop -
work order as necessary to correct a violation or unsafe condition.
15.24.030 Definitions
The following definitions are added or modified to Section 202:
Aerated Static Pile. A composting process that uses an air distribution system to either
blow or draw air through the pile. Little or no pile agitation or turning is performed.
Accessory Dwelling Unit. An Accessory Dwelling Unit (ADU) is an attached or detached
residential dwelling unit which provides complete independent living facilities for one or
more persons on the same property as a single-family dwelling in a residential zone. The
unit shall meet the definition of an ADU in the Government Code Section 65852.2.
Blaster. A person who has been approved by the Sheriff to conduct blasting operations
and who has been placed on the list of approved blasters. The listing shall be valid for
one year unless revoked by the Sheriff.
Blasting Operation. The uses of an explosive device or explosive material to destroy,
modify, obliterate or remove any obstruction of any kind.
Blasting Permit. A permit issued by the Issuing Officer pursuant to Section 105.6.14. The
permit shall apply to a specific site and shall be valid for a period not to exceed one year.
Blast Site. The geographically defined area, as shown on a project map or plot plan,
where a blaster is authorized by a blasting permit issued under Chapter 56 to conduct a
blasting operation.
Chipping and Grinding. An activity that mechanically reduces the size of organic matter.
Combustible Vegetation. Material that in its natural state will readily ignite, burn and
transmit fire from native or landscape plants to any structure or other vegetation.
Combustible vegetation includes dry grass, brush, weeds, litter or other flammable
vegetation that creates a fire hazard.
Composting Operations. An operation that is conducted for the purpose of producing
compost and shall be by means of one or a combination of the following processes used
to produce a compost product: static pile, windrow pile, or aerated static pile.
16 of 39 December 17, 2019, Item #1.6
Combustible Vegetation. Material that in its natural state will readily ignite, burn and
Combustible vegetation includes dry grass, brush, weeds, litter or other flammable
vegetation that creates a fire hazard.
Dead -End Road. A road that has only one point of vehicular ingress/egress, including
cul-de-sacs and looped roads.
Defensible Space. An area either natural or man-made, where material capable of
allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate
and intensity of an advancing wildfire and to create an area for fire suppression
operations to occur. Distance measurements for defensible space shall be measured on
a horizontal plane.
Fire Authority Having Jurisdiction (FAHJ). The designated entity providing enforcement
of fire regulations as they relate to planning, construction, and development. This entity
for the City of Poway also provides fire suppression and other emergency services.
Fire Department. Any regularly organized fire department regularly charged with the
responsibility of providing fire protection to the jurisdiction.
Fire Hazard. Anything that increases or could cause an increase of the hazard or menace
of fire to a greater degree than customarily recognized as normal by persons in the public
service regularly engaged in preventing, suppressing, or extinguishing fire; or anything or
act, which could obstruct, delay, hinder, or interfere with the operations of the fire
department; or egress of occupants in the event of fire.
Fire Protection Plan (FPP). The FPP is a document prepared for a specific project or
development proposed in the wildland-urban interface fire area that describes ways to
minimize and mitigate potential Toss from wildfire exposure, with the purpose of reducing
impact on the community's fire protection delivery system.
Fuel Break. An area, strategically located for fighting anticipated fires, where the native
vegetation has been permanently modified or replaced so that fires burning into it can be
more easily controlled. Fuel breaks divide fire -prone areas into smaller areas for easier
fire control and to provide access for fire -fighting.
Fuel Modification Zone. A strip of land where combustible vegetation has been thinned
or modified or both and partially or totally replaced with approved fire-resistant and/or
irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel
modification reduces the radiant and convective heat on a structure and provides valuable
defensible space for firefighters to make an effective stand against an approaching fire
front.
Green Waste. Organic material that includes, but is not limited to, yard trimmings, plant
waste, manure, untreated wood wastes, paper products, and natural fiber products.
Hazardous Fire Area. Any geographic area mapped by the State or designated by a local
jurisdiction as a moderate, high or very high fire hazard area or which the FAHJ has
determined is a hazardous fire area, because the type and condition of vegetation,
topography, weather and structure density increase the probability that the area will be
17 of 39 December 17, 2019, Item #1.6
susceptible to a wildfire.
High Rise Building.
1. "Existing high-rise structure" means a high rise structure, the construction of
2. "High rise structure" means every building of any type of construction or
e e
and Safety Code Section 1250.
Hogged Materials. Mill waste consisting mainly of hogged bark but may include a mixture
of bark, chips, dust, or other by-products from trees and vegetation.
Mulching. the process by which mixed green waste is mechanically reduced in size for
the purpose of making compost.
interest imposes restriction on use of the land, to preserve the land for public use or
Open Space Preserve. Open -space land, as that term is defined in Government Code
Response Time. The elapsed time from the fire department's receipt of the first alarm to
when the first fire unit arrives at the scene.
Travel Time. The estimated time it would take for a responding agency to travel from the
fire station to the furthest structure in a proposed development project, determined by
measuring the safest, most direct, appropriate, and reliable route with consideration given
to safe operation speeds for heavy fire apparatus.
Tree Crown. The primary and secondary branches growing out from the main stem,
Windrow Composting Process. The process in which compostable material is placed in
elongated piles. The piles or windrows are aerated and/or mechanically turned on a
18 of 39 December 17, 2019, Item #1.6
periodic basis.
Wood Chips. Chips of various species of wood produced or used in chipping and grinding
operations.
15.24.040 General Precautions Against Fire
Section 304.1.4 is added to read:
304.1.4 Outdoor cGarnivals and fairs. Outdoor carnivals and fairs shall only be
conducted on grounds free of combustible vegetation or trimmed to the satisfaction of the
FAHJ.
Section 305.6 is added to read:
305.6 Rockets, mModel aAircraft and sSimilar dOevices. Rockets, model airplanes, gliders,
ballons, sky laterns, floating luminaries or similar devices -powered with an engine,
propellant, open flame, or other feature liable to start or cause a fire shall not be projected
into or across hazardous fire areas without prior approval of the fire code official.
Section 307.5 is modified to read:
307.5 Attendance. Open burning, bonfires, recreational fires and the use of portable
outdoor fireplaces shall be constantly attended by an adult until the fire is extinguished.
A minimum of one portable fire extinguisher complying with section 906 with a minimum
4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand,
water barrel, garden hose or water truck, shall be available for immediate utilization.
Section 3210 is added to read:
SECTION 3210
STORAGE OF FIREWOOD
3210.1 General. Firewood shall not be stored in unenclosed space beneath a building
or structure, on a deck or under eaves, a canopy or other projection or overhang. When
required by the fire code official, firewood or other combustible material stored in the
defensible space surrounding a structure shall be located at least 30 feet from any
structure and separated from the crown of any trees by a minimum of 15 feet, measured
horizontally. Firewood and combustible materials not for use on the premises shall be
stored so as to not pose a fire hazard.
15.24.050 Fire Service Features
Section 503.1.2 is modified to read:
503.1.2 Additional Access. The fire code official may require one or more secondary
not exceed the following cumulative lengths, regardless of the number of parcels served:
19 of 39
800 feet
1,320 feet
December 17, 2019, Item #1.6
2,640 feet
5,280 feet
These requirements may be modified when, in the opinion of the fire code official,
Section 503.2.1 is modified to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed, improved
width of not less than 20 feet, except single-family residential driveways serving no more
than two improved parcels containing dwelling units shall have a minimum of 16 feet of
unobstructed improved width. In most cases, the City of Poway construction standards
for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard
shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches.
Exceptions:
1. Upon approval by the fire code official, vertical clearances or width may be reduced
provided such reduction does not impair access by fire apparatus and approved signs
are installed and maintained indicating the established vertical clearance.
2. Fire access roadways, gated entrances with card readers, guard stations, or center
medians, which have separated lanes of one-way traffic shall be not less than 12 feet
wide per lane.
Section 503.2.3 is modified to read:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to
support the imposed Toads of fire apparatus not less than 75,000 pounds unless
authorized by the FAHJ, and shall be provided with an approved paved surface so as to
provide all-weather driving capabilities. . - - - . - - •- - : - - - - - - - - - - -
code official, aA paved dries -surface shall mean asphalt -Gr concrete, or permeable
paver systemsurfase.
Section 503.2.4 is modified to read:
503.2.4 Turning Radius. The turning radius of a fire apparatus access road shall be a
minimum of 28 feet as measured to the inside edge of the improvement width or as
approved by the fire code official.
Section 503.2.5 is modified to read:
503.2. 5 Dead Ends. All dead-end fire access roads in excess of 150 feet in length shall
be provided with approved provisions that allow emergency apparatus to turn around. A
cul-de-sac shall be provided in residential areas where the access roadway serves more
than two improved parcelsetrustures. The minimum, unobstructed paved radius width for
a cul-de-sac shall be 38 feet in residential areas. The Fire fire code official shall establish
a policy identifying acceptable turnarounds for various project types.
20 of 39 December 17, 2019, Item #1.6
Section 503.2.7 is modified to read:
503.2.7 Grade. The gradient for a fire apparatus access roadway shall not exceed 20
percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland
cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel,
or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of
asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10
percent.
she deems appropriate
Section 503.2.8 is modified to read:
503.2.8 Angles of Approach and Departure. The angle of departure and the angle of
approach of a fire access roadway shall not exceed seven degrees (12 percent) or as
approved by the fire code official.
Section 503.3.1 is added to read:
503.3.1 Marking of Fire Apparatus Access Roads. When required, approved signs or
other approved notices shall be provided and maintained for fire apparatus access roads
to identify such roads and prohibit the obstruction thereof or both. All new public roads,
all private roads within major subdivisions, and all private road easements serving four
or more parcels shall be named. Road name signs shall comply with City of Poway
Supplemental Engineering Standards, Street Sign Specifications. The fire code official
may require the posting of a fire access roadway where parking has obstructed or could
obstruct the required width.
Section 503.6.1 is added to read:
503.6.1 Security Gates.
All automatic gates across fire access roadways and driveways shall be equipped with
approved, emergency, key -operated switches overriding all command functions and
opening the gate(s). Gates accessing more than four residences or residential lots, or
gates accessing hazardous institutional, educational or assembly occupancy group
structures shall also be equipped with approved emergency traffic control -activating strobe
light sensor(s), or other devices approved by the fire code official, which will activate the
gate on the approach of emergency apparatus with a battery backup or manual -
mechanical disconnect in case of power failure. In the event of a power failure, the gate
meet fire department policies deemed necessary by the fire code official for rapid, reliable
access. Automatic gates serving more than one dwelling or residential lot that are in
keyed or dual switches shall be provided to facilitatc accc: s by law enforcement
Section 505.1 is modified to read:
21 of 39 December 17, 2019, Item #1.6
505.1 Address Numbers. Approved numbers and/or addresses shall be placed on all new
and existing buildings and at appropriate additional locations as to be plainly visible and
legible from the street or roadway fronting the property from either direction of approach.
AddressSaid numbers shall contrast with their background; and shall meet the City of
Poway standards. = = - : -- .
inchcs (maximum) for industrial buildings. Additional address numbers mays#4al4 be
required where deemed necessary by the fire code official. Fire Marshal, e.g. rear assc.
When
required by the fire code official, roof numbers shall be installed meeting current fire
department standards.
Section 505.3 is added to read:
505.3 Easement Address Signs. All easements which are not named differently from the
roadway from which they originate, shall have an address sign installed and maintained,
listing all street numbers occurring on that easement located where the easement
intersects the named roadway. The minimum size of the numbers on that sign shall be
four inches in height with a minimum stroke of 3/8 inch and shall contrast with the
background.
Section 505.4 is added to read:
505.4 Map/Directory. A lighted directory map, meeting current fire department standards,
shall be installed at each driveway entrance to multiple unit residential projects and
mobile home parks, where the number of units in such project exceeds 15.
Section 506.1 is modified to read:
506.1 Key Boxes. When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for life saving or
firefighting purposes, the fire code official is authorized to require a key box to be installed
in an accessible location. The key box shall be a type approved by the fire code official
and shall contain keys to gain necessary access.
Section 506.2.1 is added to read:
506.2.1 Emergency Key Access. All central station -monitored fire detection systems and
fire sprinkler systems shall have an approved emergency key access box on site in an
approved location. The owner or occupant shall provide and maintain current keys for the
structure(s) for fire department placement in the box and shall notify the fire department
in writing when the building is re -keyed.
Section 507.2.2 is modified to read:
507.2.2 Water Storage Tanks. Water storage tanks, when permitted by the fire code
official, shall comply with Table No. 507.2. 2 and installed in accordance with NFPA 22.
22 of 39 December 17, 2019, Item #1.6
TABLE NO. 507.2.2
Building
Square Feet
Gallons Per
Minute Water
Flow
Capacity
Gallons
Duration
Minutes
Up to 3,600 10,000 40
3,601 to 7,700 250 15,000 60
7,701 and above 333 20,000 60
When the exposure distance is 100 feet or Tess from an adjacent property or the
severity of the potential fire risk has been determined to exist, an increase in
water storage may be required by the fire code official.
1. Tank elevation shall be equal to or higher than the fire department connection on the
premises. Regardless of domestic use, all tanks shall be equipped with a device that will
ensure that the tank contains the designated amount of water for fire flow duration as
determined by the Fire Department. Tank size may be increased to serve multiple
structures on a single parcel.
2. The supply outlet shall be at least four inches in diameter from the base of the tank to
the point of outlet at the fire department connection. The fire department connection shall
be at least one 4 -inch National Standard Thread (male), reduced to one 2'/2 -inch National
Standard Thread (male). Additional outlets may be required.
3. Tanks that are supplied by municipal water, when permitted by the fire code official,
shall have a capacity of 10,000 gallons provided that the sole use of these tanks is for fire
protection purposes.
4. Location of fire department outlet shall be determined on the plot plan when submitted
to the fire department. Consideration will be given to factors such as topography,
elevations, and distance from structures, driveway access, and prevailing winds.
5. The outlet shall be located along an access roadway and shall not be closer than 50
feet or further than 150 feet from the structure.
6. All exposed tank supply pipes shall be of an alloy or other material listed for above-
ground use. Adequate support shall be provided.
7. Water storage tanks shall be constructed from materials approved by the fire code
official and installed per manufacturer recommendations.
8. The fire code official may require any necessary information be submitted on a plot
plan for approval.
9. Vessels previously used for products other than water shall not be permitted.
Section 507.3 is modified to read:
507.3 Fire Flow Requirements. Fire flows shall be based on Appendix B. Consideration
should be given to increasing the gallons per minute set forth in Appendix B to protect
23 of 39 December 17, 2019, Item #1.6
structures of extremely Targe square footage and for such reasons as poor access roads,
grade and canyon rims, hazardous brush, and response times greater than five minutes
by a recognized fire department or fire suppression company. In hazardous fire areas,
the main capacity for new subdivisions shall not be Tess than 1,500 gallons per minute,
unless otherwise approved by the fire code official. If fire flow increases are not feasible,
the fire code official may require alternative design standards such as alternative types
of construction providing a higher level of fire resistance, fuel break requirements which
could include required irrigation, modified access road requirements, specified setback
distances for building sites addressing canyon rim developments and hazardous brush
areas, and other requirements authorized by this Code and as specified by the fire code
official.
Section 507.5.7 is added to read:
Section 507.5.8 is added to read:
Threads.
15.24.060 Building Services and Systems
Section 603.8.1 is modified to read:
603.8.1 Residential Incinerators. Residential incinerators shall be prohibited.
15.24.070 Fire Sprinkler Systems
Section 901.4.7 is added to read:
901.4.7 Fire Department Connections. Fire hose threads used in connection with fire-
by the fire code official.
Section 903.2 is modified to read:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and
structures shall be provided in the locations described in this section. For the purpose of
fire -sprinkler systems, buildings separated by less than ten feet from adjacent buildings
shall be considered as one building. Fire barriers, partitions, and walls, regardless of
rating, shall not be considered as creating separate buildings for purposes of determining
fire sprinkler requirements. Mezzanines shall be included in the total square footage
calculation.
Exceptions:
1. Agricultural buildings constructed of wood or metal frames over which fabric or similar
material is stretched which are specifically used as green houses are exempt from
fire sprinkler requirements unless they are physically connected to other structures.
24 of 39 December 17, 2019, Item #1.6
2. Group U occupancies not greater than 749 square feet, when the building is 10 feet
or more from an adjacent structure or property line.
All occupancies within the City of Poway:
New
Occupancies
Except
Residential)
New
Occupancies -
Residential
Additions — All Occupancies
Except Residential)
Additions — Residential
located in the City's very high
fire hazard area*
All buildings Required per Additions of more than 25% of Residences may be required
greater than California the square footage of an existing to install a Sprinkler system
5,000 sq. ft. Residential building, which results in a when the proposed addition is
Code structure of 5,000 square feet or
more, shall be required to be
protected throughout the entire
structure with a sprinkler system
consistent with this section.
more than 749 square feet
which results in a structure of
3,600 square feet or more
when structurally feasible.
Residences may be required
to install a sprinkler system
when the proposed addition is
more than 749 square feet
which results in an increase in
square footage of more than
50 percent when structurally
feasible and when a special
hazard such as a
substandard water supply or
a substandard access exists.
Standards for water supply
and access are defined by
Section 15.24.050 of the
Poway Municipal Code.
When sprinklers are required
under this section, the
structure shall be required to
be protected throughout the
entire structure with a
sprinkler system consistent
with this section.
Section 903.2.1 Is added to read:
25 of 39 December 17, 2019, Item #1.6
Section 903.3 is modified to read:
903.3 Installation Requirements. Automatic sprinkler systems shall be designed and
installed in accordance with Sections 903.3.1 through 903.3.8. The system shall be
designed 10% below available water source pressure during peak usage.
Section 903.3.1.1.3 is added to read:
903.3.1.1.3 System Design. Occupancies referred to as "spec buildings" wherein no
specific end use is identified at the time of plan check, the sprinkler system shall provide
a density of 0.45 gallons per minute per square -foot for a 3,000 -square -foot design area.
Section 903.3.1.3.1 is added to read:
903.3.1.3.12.1 SystemWater Supply Design. Automatic sprinkler systems shall be
750 square feet in size
hazard severity area that require a NFPA 13D life safety sprinkler system,shall be
equipped with a minimum of 3/ inch water service line and % inch water meterwater
1. New structures less than
3/4 inch.
2 w builrlingsNew structures moregreater than 749 square feet in size Iocated-in
meters shall be equipped with a minimum one-inch,--and—the water service line and shall
one -inch water meter.
A 13D life safety sprinkler system, water meters
designarema
at..
Section 903.4, Exception 1, is modified to read:
Exception 1 — Automatic sprinkler systems with less than 100 fire sprinklers protecting
one- and two-family dwellings.
15.24.090 Flammable Finishes
414
2104.3.3.2 Spraying Space. Spray operations of flammable finishes are prohibited
26 of 39 December 17, 2019, Item #1.6
15.24. 0801-00 Fire Safety During Construction
Section 3318 is added to read:
Section 3318
Fuel Modification Zones
3318.1 - - •- :: _ _ _ _ - _ _ _ _ : • _ _ _ - General. Any person doing
construction of any kind which requires a building permit and includes installation of a
fuel modification zone, shall remove all flammable vegetation within the approved fuel
modification zone prior to the arrival of combustible material on the site and shall maintain
during the duration of the project until all elements of approved fuel modification zones
are installed and approved.
15.24.090440 Wildland-Urban Interface Fire Area
Section 4903 is added to read:
SECTION 4903
FIRE PROTECTION PLAN
4903.1 When Required. The Development Services Department or the FAHJ may
require an applicant for a parcel map, subdivision map, minor development review
application, development review, specific plan or major use permit for any property
located in a wildland-urban interface fire area to submit a Fire Protection Plan (FPP) as
part of the approval process.
4903.2 Content. The FPP shall consider location, topography, geology, aspect,
combustible vegetation (fuel types), climatic conditions and fire history. The plan shall
address the following in terms of compliance with applicable codes and regulations,
including but not limited to: water supply, vehicular and emergency apparatus access,
travel time to nearest serving fire station, structural ignitability, structure set back, ignition -
resistive building features, fire protection systems and equipment, impacts to existing
emergency services, defensible space and vegetation management. The plan shall
recommend measures to reduce the ignitability of structures throughout the area being
addressed.
Section 4907.2 is added to read:
4907.2 General Fire Setbacks. Buildings and structures located within a wildland-urban
interface fire area shall be setback a minimum of 30 feet from property lines and biological
open space easements unless the Poway Municipal Code requires a greater minimum
or if existing legally permitted buildings and structures are located within 30 feet of the
property line (legal nonconforming), then the existing distance from the property lot line
established by the nonconforming portion of the building shall be used as the required
setback distance for any detached accessory structures or additions to that building.
When the property line abuts a roadway, the setback shall be measured from the farthest
roadway edge.
Exception:
When the fire code official determines the hazard from a wildland fire is not
significant or when the terrain, parcel size or other constraints on the parcel make
the required setback infeasible, this setback may be reduced to less than 30 feet
when additional measures are employed to the satisfaction of the fire code official.
27 of 39 December 17, 2019, Item #1.6
No other exceptions to the General Fire Setback is permissible except for the
creation of Accessory Dwelling Units and Junior Accessory Dwelling Units as
defined in PMC Title 17.
Section 4907.3 is added to read:
4907.3 Structure Setback from Slope. Single -story structures shall be setback a
minimum 15 -feet horizontally from top of slope to the farthest projection from a roof. A
single -story structure shall be less than 12 -feet above grade. A two-story structure shall
be setback a minimum of 30 -feet horizontally from top of slope to the farthest projection
from a roof. Structures greater than two stories may require a greater setback when the
slope is greater than 2 to 1.
Exceptions:
1. Structures constructed with a noncombustible exterior wall adjacent to the slope, no
openings adjacent to the slope, no combustible attachments to the exterior wall
adjacent to the slope, and no roof eaves adjacent to the slope.
2. There exists no open wildland fuel area directly adjacent or juxtaposed to the
structure, and, the slope is directly adjacent to developed parcels with fuel
management principals in place.
3. The fire code official determines the hazard to be minimal.
Section 4907.4 is added to read:
4907.4 Fuel Modification. A person owning, leasing, controlling, operating or maintaining
a building or structure in or adjoining a hazardous fire area, and a person owning, leasing
or controlling land adjacent to a building or structure in or adjoining a hazardous fire area
shall maintain an effective fuel modification zone by removing, clearing or modifying
combustible vegetation and other flammable materials from areas within 100 -feet from
each building or structure, or as determined by the fire code official. With the approval of
the fire code official, the width of the fuel modification zone may be reduced where
ignition -resistant construction or other mitigation measures are implemented. The fuel
modification zone shall be maintained according to applicable defensible space and
vegetation management policies, the Wildfire Defensible Space Program and the
Landscape and Irrigation Design Manual.
Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover,
any structure.
28 of 39 December 17, 2019, Item #1.6
Unmodified
Fuel
Figure 4907.4 Measurements of Fuel Modification Distance
4 100 feet
Modified
Fuel
Horizontal
100 feet
Modified
Fuel
Horizontal plane
Unmodified
Fuel
Section 4907.4.1 is added to read:
4907.4.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The
FAHJ may require a property owner to modify combustible vegetation in the area within
20 feet from each side of the driveway or a public or private road adjacent to the property
to establish a fuel modification zone. The FAHJ has the right to enter private property to
insure the fuel modification zone requirements are met.
Exception:
The FAHJ may reduce the width of the fuel modification zone if it will not impair access.
Section 4907.4.2 is added to read:
4907.4.2 Community Fuel Modification. The FAHJ may require a developer, as a
condition of issuing a certificate of occupancy, to establish one or more fuel modification
zones to protect a new community by reducing the fuel loads adjacent to a community
and structures within it.
Section 4907.51.2.1 is added to read:
4907.51.2.1 Land Ownership. Once a fuel modification zone has been established under
section 4907.4-2, the land on which the zone is located shall be under the control of an
association or other common ownership established in perpetuity, for the benefit of the
community to be protected.
Section 4907.65 is added to read:
4907.65 Maintenance of Defensible Space. Any person owning, leasing, controlling,
operating or maintaining a building or structure required to establish a fuel modification
zone shall maintain the defensible space. The FAHJ may enter the property to determine
if the person responsible is complying with this section. The FAHJ may issue an order to
the person responsible for maintaining the defensible space directing the person to
modify or remove non -fire resistant vegetation from defensible space areas, remove
29 of 39 December 17, 2019, Item #1.6
leaves, needles and other dead vegetative material from the roof of a building or
structure, maintain trees as required or to take other action the FAHJ determines is
necessary to comply.
1907.5.1 Trees. Horizontal clearance from tree crowns to structures shall be pruned to
TABLE 1907.5.1
DISTANCE BETWEEN TREE CANOPIES
Zone A No more than three trees per cluster; minimum
clustered trees is 20 feet
Zone B No Tess than 2x the diameter of the species'
mature -canopy.
X1907.5.2 Orchards, Groves, or Vineyards. All orchards, groves, and vineyards shall be
ee
cleared between the perimeter of the orchard trees or row of grape vines and native
or vines shall be removed.
Section 1907.5.3 is added to read:
be free of all dead, dying, or diseased trees (excluding tree stumps no higher than six
inches above the ground). Dead, dying, or diseased trees shall include insect -infested
grasses, or 10 feet, whichever is greater. Firewood shall be neatly stacked and shall
dispersed to a maximum depth of six inches.
30 of 39 December 17, 2019, Item #1.6
Section 4907.76 is added to read:
4907.76 Landscape Plans. Landscape plans are required for new residential custom
homes, production tract homes, multi -family residential, and commercial buildings.
Landscape plans shall be submitted and approved by the Development Services
Department and the fire code official prior to the issuance of a building permit. Landscape
plan submittals shall follow the submittal requirements found in the Landscape and
Irrigation Design Manual and shall, at a minimum, include a readable scale, the
delineation of 100 -foot fuel modification zones, the existing vegetation, all irrigated areas,
a plant legend with both botanical and common names, and identification of all plant
material symbols. The fire code official may expand or reduce the distance of the fuel
modification zones based on project location, surrounding vegetation, and topography.
Section 4907.6.1 is added to read:
Section 4907.7.1672 is added to read:
4907.7.1672 Landscape Installation. All landscaping shall be installed prior to final
inspection for issuance of a certificate of occupancy.
15.25.100120 Fireworks Display
Section 5608.1 is modified to read:
5608.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate
audience and pyrotechnic special effects in motion picture, television, theatrical and
group entertainment productions shall comply with California Code of Regulations, Title
19, Chapter 6 and Poway Municipal Code. The Fire ChiefDirector of Safety Services is
the Issuing Officer for any fireworks permit required by this Chapter. The Fire
Chief may delegate the duties of Issuing Officer at his or her
discretion.
Section 5608.1.1 is modified to read:
5608.1.1 Scope. The possession, manufacture, sale, storage, use and display of
fireworks are prohibited in the City of Poway except as provided in the Poway Municipal
Code.
15.24.110130 Flammable and Combustible Liquids
Section 5704.2.9.6.1 is modified to read:
5704.2. 9. 6.1 Location Where Above -Ground Storage Tanks are Prohibited. The limits
referred to in Sections 5704.2.9.6.1 and 5706.2.4.4 of the 20193 California Fire Code and
the 20182 International Fire Code in which storage of flammable or combustible liquids
in outside above -ground tanks is prohibited are hereby established as the jurisdictional
31 of 39 December 17, 2019, Item #1.6
limits of the City of Poway (see exceptions at Section 5701.2.9.6.1).
Exceptions:
1. With the fire code officialChief's approval, Class I and II liquids may be stored above-
ground outside of buildings in specially designed, approved, and listed containers which
have features incorporated into their design which mitigates concerns for exposure to
heat, ignition sources, and mechanical damage. Containers must be installed and used
in accordance with their listing, and provisions must be made for leak and spill
containment. The fire code officialChief may disapprove the installation of such
containers when in his or her opinion, their use presents a risk to life or property. Storage
in such tanks on any site shall not exceed 550 gallons for Class I or 1,100 gallons of
Class II liquids. In no case shall such storage be permitted within 100 feet of any
residential or institutional setting. Venting shall meet Fire Code and Air Pollution Control
District standards, "No Smoking" signs shall be provided, and the tank shall be marked
accordingly.
2. Crankcase draining may be stored in specially constructed above -ground storage
tanks, approved by the fire code officialChief with a maximum capacity of 550 gallons.
Such tanks may be located within a building when the fire code officialChief deems
appropriate, and the container must be a specially designed, approved, and listed
container which has features incorporated into its design which mitigate concerns for
exposure to heat, ignition sources, and mechanical damage. Containers must be installed
and used in accordance with their listing, and provisions must be made for leak and spill
containment. In no case shall such storage be permitted in residential or institutional
property.
3. With the fire code officialChief's approval, temporary storage of a maximum of 10,000
gallons of Class II liquids may be permitted for a period not to exceed 90 days at remote
construction sites and earth -moving projects consistent with Sections 5704 and 5706.
The following criteria shall be applied in areas within the South Poway Business Park,
which are designated commercial, Tight industrial, or industrial park. With the fire code
officialChief's approval, Class I and 11 liquids may be stored above -ground outside of
buildings in specially designed, approved, and listed containers which have features
incorporated into their design which mitigate concerns for exposure to heat (two-hour fire
resistance), ignition sources, and mechanical damage. Containers must be installed and
used in accordance with their listing, and provisions must be made for leak and spill
containment. Storage in such tanks on any site shall not exceed 5,000 gallons for Class
or 10,000 gallons for Class II liquids. The fire code officialChief may disapprove the
installation of such containers when, in the fire code officialChief's opinion, their use
presents a risk to life or property. In no case shall such storage be permitted on residential
or institutional property. A permit shall be obtained from the Fire Department following
the approval of submitted plans prior to installation. Tanks shall be required to be secured
by fencing and to have appropriate signage. The City's Development Services Director
shall determine methods of visually screening these tanks. In no case shall such
of Poway departments deem necessary, including the City's Development Services
Department. Temporary above -ground tanks for storage of Class I liquids of a maximum
capacity of 550 gallons or Class II tanks with a maximum capacity of 10,000 gallons may
be installed for a maximum of 90 days under specific restrictions and safeguards, on
remote, isolated, secured construction sites, earth -moving projects, gravel pits, or borrow
32 of 39 December 17, 2019, Item #1.6
pits when approved by the fire code officialgli+ef.
Section 5705.2.4 is modifiedadded to read:
5705.2.4 Transferring Class I, II or III liquids. Class I or 11 liquids or Class III liquids that
are heated up to or above their flash points shall be transferred by one of the following
methods:
1. From safety cans complying with UL 30.
2. Through an approved closed piping system.
3. From containers or tanks by an approved pump taking suction through an
opening in the top of the container or tank.
4. Approved engineered liquid transfer system.
Exception: Liquids in containers not exceeding a 5. 3 -gallon (20 L) capacity.
Section 5706.2.4.4 is modified to read:
5706.2.4.4 Locations where above -ground tanks are prohibited. The geographic limits in
which the storage of Class 1 and Class II liquids in above -ground tanks is prohibited in
residential areas is hereby established as jurisdiction limits of the City of Poway.
Section 5706.2.5.2.1 is added to read:
5706.2.5.2.1 Limitations on tanks for gravity discharge. Gravity dispensing of Class 1 or
II liquids or Class III liquids that are heated up to or above their flash points is prohibited.
Dispensing devices for flammable and combustible liquids shall be of an approved type.
Approved pumps taking suction from the top of the tank shall be used. Flammable or
combustible liquids shall not be dispensed by a device that operates through pressure
within a storage tank. Air or oxygen shall not be used to pressurize an aboveground tank.
Section 5706.2.8.2 is added to read:
5706.2.8.2. Tank vehicle as a substitute for permanent tank prohibited. The use of a
tank vehicle in a stationary manner as a substitute for an approved above -ground or
below -ground fuel tank is prohibited.
Section 5806.2 is modified to read:
5806.2 Limitations. The geographic limit in which the storage of flammable cryogenic
fluids in stationary containers is prohibited is hereby established as jurisdiction limits of
the City of Poway.
15.24.120448 Liquefied Petroleum Gases
Section 6104.2 is modified to read:
6104.2 Maximum Capacity Within Established Limits. The geographic limits in which the
bulk storage of liquefied petroleum gas is prohibited for the protection of heavily
populated and congested areas is hereby established as jurisdiction limits of the City of
Poway except for areas specifically zoned by the City for such uses.
33 of 39 December 17, 2019, Item #1.6
Section 6107.5 is added to read:
6107.5 Securing Tanks to Ground (Liquefied Petroleum Gases). Tanks shall be secured
to prevent the tank from rolling or moving when required by the FAHJ.
15.24.130170 Chapter 80 Referenced Standards
The following referenced standard of the California Fire Code is modified to read:
NFPA 13D is modified to read:
Section 7.1.5 is added to read:
7.1.5 Pressure -regulating valve. When available system water pressure exceeds 150
psi, a listed/approved pressure -regulating valve shall be installed at the system riser.
Such valves shall be adjusted to restrict the outlet pressure to a maximum of 150 psig at
any flow or no flow. When such valves are installed submittal documents must include
manufacturer information sheets along with charts showing the dimensions (size) and
flow characteristics inlet and outlet pressures at various flows for the type of valve being
installed, and the valve shall be included in the design calculations.
Exception: At the discretion of the FAHJ the contractor may install a listed/approved
pressure relief valve, piped to the system main drain, set to relieve the pressure at 175
psig, provided the available supply pressure does not exceed 175 psig.
Section 7.2.5 is modified to read:
7.2.5 Inspector Test. Each sprinkler system shall have a'/z" or larger test connection with
a threaded keyless valve. The valve shall be remote to the riser, located on the building
exterior about five 5 feet above final grade and shall be remote from the riser. It shall be
labeled with a permanent plate with minimum 1/4" lettering, contrasting with background,
and stating: "INSPECTOR TEST". (Pre -assembled riser assemblies with a built-in
Drain/Test valve shall not be accepted for inspector test valve unless approved by the
FAHJ.)
Exception: Automatic fire sprinkler systems for manufactured homes installed at the
factory may have the inspectors test valve located at the location as designed at the
factory.
Section 7.3.3 is added to read:
7. 3.3 Pressure gauge. A listed 300 psi pressure gauge shall be permanently installed at
the riser.
Section 7.6 is modified to read:
7.6 Alarms. A water flow switch shall be provided and located on the sprinkler riser above
the check valve and main drain and shall actuate an audible fire alarm signal bell. The
water flow switch shall be a retarding type with a delay between 15-60 seconds before
activation of the signal bell. Alarm bell shall have a minimum diameter of 8 inches and
be mounted on the exterior in the vicinity of the master bedroom. The alarm bell shall be
clearly audible in all bedrooms with intervening doors closed.
34 of 39 December 17, 2019, Item #1.6
Section 8.3.4 is modified to read:
8.3.4. Sprinklers may be omitted from carports and open attached porches when less
than 4 -feet in depth. However, attached garages shall be protected with intermediate
temperature rated sprinklers with not more than 150 sq. ft. head spacing. Sprinkler heads
in garages shall be protected against mechanical damage by approved guards, unless
recessed heads are provided. Garage doors may be disregarded in the layout of the fire
sprinkler system.
Section 8.3.5.1.1 is modified to read:
8.3.5.1.1. Where the fuel -fired equipment is above all of the occupied areas of the
dwelling unit, at least one quick -response intermediate temperature sprinkler shall be
installed above the equipment.
Section 10.2.4.1 is added to read:
10.2.4.1 3 -Head Calculation. When design conditions exceed the allowances of
Section 10.2, a three -sprinkler head calculation may be required by the FAHJ.
Section 10.2.5 is added to read:
Section 11.2.1.1 is modified to read:
11.2.1. 1 Hydrostatic Tests. Where a fire department connection is not provided, the
system shall be hydrostatically tested at 200 psi for 2 hours.
15.24.140480 Appendix B, Fire -Flow Requirements for Buildings
Section B103.3 is modified to read:
B103.3 Areas Without Water Supply Systems. For information regarding water supplies
for firefighting purposes in rural areas and suburban areas in which adequate and reliable
water supplies do not exist, the fire code official is authorized to utilize provisions in NFPA
1142 or the standard published by the Insurance Services Office document entitled Guide
for Determination of Required Fire Flow.
15.24.150490 Conflict.
All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Wherever a
conflict exists in this chapter, the more restrictive requirement shall apply.
SECTION 6: This Ordinance shall be codified.
SECTION 7: Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its
35 of 39 December 17, 2019, Item #1.6
application to any other person or circumstance. The City Council declares that it would have
adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 3rd day of December, 2019, and thereafter
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of
December, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
36 of 39 December 17, 2019, Item #1.6
EXHIBIT A
Findings Supporting the
City of Poway Amendments to the
California Fire Code, 2019 Edition:
As required by Health and Safety Code Section 17958, the Poway City Council does
herewith make express findings that amendments to the ICC WUI Code are necessary for the
protection of the public health, safety, and welfare due to certain climatic, topographic, or
geological features existing in the County of San Diego.
Findings for the City of Poway amendments to the California Fire Code, 2019 Edition.
FINDING 1
The City of Poway is situated on the slopes and at the base of the coastal mountains
with drainage from the eastern portion of the City of Poway, including the San Dieguito River
and Rancho Penasquitos Creek, which, when flooded, could result in conditions rendering
vehicular access unduly burdensome or impossible for the Fire Department.
Further, the flood conditions described above carry the potential for overcoming the ability
of the Fire Department to aid or assist in fire control, evacuations, rescues, and the emergency
tasks and demands inherent in such situations. The potential for the aforementioned flooding
conditions to result in limiting Fire Department emergency vehicular traffic, with resulting
overtaxing Fire Department personnel, may further cause a substantial or total lack of protection
against fire for the buildings and structures located within the jurisdiction.
FINDING 2
The City of Poway is situated near several known major faults, each capable of generating
earthquakes of significant magnitude. These include the Rose Canyon fault the Newport -
Inglewood fault, the Coronado Banks fault, and the Silver Strand fault, (located generally west of
the City of Poway), and the Elsinore fault and Agua Caliente fault (located east of the City of
Poway). These faults are subject to activity at any time, and the City of Poway is particularly
vulnerable to devastation should such an earthquake occur.
The potential effects of earthquake activity include, isolating the City of Poway from the
surrounding area, restricting or eliminating internal circulation due to the potential for the collapse
of highway overpasses and underpasses along with other bridges in the City, or an earth slide
and the potential for vertical movement rendering surface travel unduly burdensome or
impossible.
FINDING 3
The City of Poway and Southern California are semi -arid regions and experience water
shortages from time to time. Those shortages can have a severely adverse effect on water
availability for firefighting. Fires starting in sprinkled buildings are typically controlled by one or
two sprinkler heads flowing as little as 13 gallons per minute per sprinkler head activation.
Hose streams used by engine companies on well-established structure fires operate at a
minimum of about 250 gallons per minute each, and the estimated water need for a typical
residential fire is 1,000 to 1,500 gallons per minute, according to the Insurance Service Office and
the California Fire Code.
37 of 39 December 17, 2019, Item #1.6
Under circumstances such as lack of water, infrastructure, earthquakes, and multiple and
wildland fires within a community, the limited water demands of residential fire sprinklers would
control and extinguish many fires before they spread from building to wildland. In such a disaster,
water demands needed for conflagration firefighting probably would not be available.
FINDING 4
The topography of the City of Poway presents problems in delivery of emergency services,
including fire protection. The hilly terrain has narrow, winding roads with little circulation,
preventing rapid access and orderly evacuation. Much of these hills are
covered with highly non -fire resistive natural vegetation. In addition to access and evacuation
problems, the terrain makes delivery of water extremely difficult. Some hilly areas served by water
tank and pump systems are subject to failure in fire, high winds, earthquake, and other power
failure situations.
FINDING 5
The seasonal climatic conditions during the late summer and fall create numerous serious
difficulties regarding the control of, and protection against, fires in the City of Poway. The hot, dry
weather that is typical of this area in summer and fall, coupled with Santa Ana winds and low
humidity, frequently result in wildfires that threaten, or could threaten, the City of Poway.
Although some Code requirements, such as fire -resistive roof classification, have a direct
bearing on building survival in a wildland fire situation, others, such as residential fire sprinklers,
may also have a positive effect. In a dry climate on low humidity days, many materials are much
more easily ignited. More fires are likely to occur and any fire, once started, can expand extremely
rapidly. Residential fire sprinklers can arrest a fire starting within a structure before the fire is able
to spread to adjacent brush and structures.
A seasonal wind also has the potential for interfering with emergency vehicle access and
delaying or making impossible fire responses because of toppling of extensive plantings of dense
chaparral, eucalyptus, and conifer trees. The trees are subject to uprooting in strong winds due
to their relatively small root bases compared to the tree itself. The aforementioned problems
support the imposition of fire -protection requirements greater than those set forth in the California
Building Code or Fire Code.
FINDING 6
Due to the topography in much of the City of Poway, roadway condition, gates, angle of
approach or departure, steeply sloping roadways, and grades are common. In addition, a
combination of potentially severe rainstorms and ground -water retention could occur in
many areas of the City where there is expansive soil. This produces a condition wherein the
moisture content of the soil is sufficient, that roadways become damaged due to soil
expansion and shrinkage. All-weather, paved surfaces, capable of supporting the imposed
loads of fire apparatus are necessary to ensure access of emergency response personnel.
These roadways, gates, approach angles, steep slopes, and grades can also make it
difficult for fire apparatus and other emergency vehicles to access a site. It is, therefore,
essential that these roadway accesses be provided with proper all-weather, paved surfaces,
angle of approach, grades, and gate access.
FINDING 7
38 of 39 December 17, 2019, Item #1.6
The City of Poway has State Route 67, Poway Road, Scripps Poway Parkway, Pomerado
Road and Espola Road as major roadways within its boundaries. Transportation vehicles
carrying known toxic, flammable, explosive, and hazardous materials travel these roadways.
The potential for the release or threatened release of hazardous materials along these
routes is likely given the volume that is transported within Poway city limits. Incidents of this
nature will normally require all available emergency response personnel to prevent injury
and loss of life and to limit or prevent environmental and property loss. Emergency
personnel responding to such aforementioned incidents may be unduly impeded and
delayed in accomplishing an emergency response as a result of this situation, with the
potential result of undue and unnecessary risk to the protection of life and public safety and,
in particular, endangering residents and occupants in buildings or structures without the
protection of automatic fire sprinklers.
The aforementioned problems support the imposition of fire protection requirements greater than
those set forth in the California Building Code or Fire Code.
39 of 39 December 17, 2019, Item #1.6