Item 7 - 2nd Reading & Adopt. of Ord 859 Amending PMC Title 15, Adopt. by Ref. the 2022 Cal. Bldg. Standards Codes, with Local AmendmentsDATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway January 17, 2023 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk t_/~ (858) 668-4435 or cgallagher@poway.org CITY COUNCIL Second Reading and Adoption of Ordinance 859 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 6, 2022. There were no speakers. Due to the fact Ordinance 859 adopts secondary codes into the Poway Municipal Code by reference, unlike most second readings of ordinances, the second reading must occur at a public hearing pursuant to Government Code section 50022.3. The Ordinance is now presented at a public hearing, properly noticed pursuant to Government Code section 6066, for second reading and adoption by title only. Vote at first reading: Recommended Action: AYES: NOES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE It is recommended the City Council take public input, close the public hearing and adopt Ordinance No. 859. Environmental Review: None. Fiscal Impact: None with the adoption of the code amendments. 1 of 35 January 17, 2023, Item #7
Public Notification: An ordinance summary notice was published in the Poway News Chieftain on Thursday, December 15, 2022. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachments: A. Ordinance No. 859 Reviewed/Approved By: Assistant City Manager 2 of35 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chrflllv City Manager January 17, 2023, Item #7
ORDINANCE NO. 859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING POWAY MUNICIPAL CODE (PMC) TITLE 15, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODES, WITH LOCAL AMENDMENTS WHEREAS, On December 3, 2019, the City Council adopted the 2019 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 These codes, which are adopted by reference, have recently been replaced by the 2022 Edition of the California Building Standards Code. This Ordinance amends Chapter 15.02 (Administrative Code), 15.04 (Building Code), 15.08 (Electrical Code), 15.10 (Residential Code), 15.12 (Plumbing Code), 15.16 (Mechanical Code), 15.18 (Energy Code), 15.19 (Historical Building Code), 15.21 (Existing Building Code), 15.22 (Green Building Code), 15.23 (Referenced Standards Code), and 15.24 (Fire Code) of the Poway Municipal Code (PMC). The 2022 Edition codes will go into effect on January 1, 2023. The California Building Standards Commission published the 2022 California Building Standards Code which is based on the 2021 International Building Code, the 2021 International Residential Code, the 2021 International Existing Buildings Code, the 2021 International Fire Code, the 2021 Uniform Plumbing Code, the 2021 Uniform Mechanical Code, and the 2020 National Electrical Code. The purpose of this Ordinance is to update the 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 geography; WHEREAS, the City Council of the City of Poway finds that the City of Poway has certain climatic, geographic, 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 2022 California Fire Code are reasonably necessary because of the local climatic, geographical, and topographical conditions incorporated by reference herein as Exhibit A; WHEREAS, certain amendments to the 2022 California Fire Code are necessary to mitigate said deleterious effects to the extent possible; WHEREAS, California Health and Safety Code Section 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 2021 International Fire Code language. The 2021 International Fire Code language shall be used for those code sections not adopted by the State; 3 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 2 WHEREAS, local amendments adopted by the City of Poway shall take precedence over both the 2021 International Fire Code and 2022 California Fire Code provisions; WHEREAS, and on December 6, 2022, 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 CEQA Guidelines 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]: Chapter 15.02 ADMINISTRATIVE CODE Sections: 15.02.010 Adoption of the California Administrative Code, Part 1, Title 24 of the California Code of Regulations. 15.02.010 Adoption of the California Administrative Code, Part 1, Title 24 of the California Code of Regulations. There is hereby adopted and incorporated by reference herein that certain document known as the California Administrative Code, Part 1, Title 24 of the ~2022 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 ~2022 California Code of Regulations adopted by the City. All provisions of the California Administrative Code, 4 of35 January 17, 2023, Item #7
Ordinance No. 859 Page 3 2-0492022 Edition, are referred to, adopted and made a part of this code, as though fully set forth herein. Sections: 15.04.010 Regulations. 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 Chapter 15.04 BUILDING CODE Adoption of the California Building Code, Part 2, Title 24 of the California Code of Findings. Deletions, revisions, and additions to the 2-0492022 California Building Code. Section 105.2 amended. Table 1505.1 amended. Appendices C, H and I adopted. 15.04.010 Adoption of the California Building Code, Part 2, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Building Code, for the purpose of prescribing regulations in the City of Poway for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2-0492022 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, ~2021 Edition, including those appendix chapters adopted by this chapter. Except as otherwise provided by this chapter and Chapter 15.02 PMC, 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 2-0-4-92022 California Building Code, published by the California Building Standards Commission, which is based on the International Building Code, ~2021 Edition, and the adopted appendix chapters, published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478. 15.04.020 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 2-0492022 California Building Code. Therefore, this chapter alters the International Building Code, ~2021 Edition, to require more fire-retardant roof coverings. 15.04.030 Deletions, revisions and additions to the 2-0492022 California Building Code. Deletions, revisions and additions to the 2-0-4-92022 California Building Code shall be as set forth in PMC 15.04.040 through 15.04.060. 15.04.040 Section 105.2 amended. Section 105.2, exemption 2, of the 2G4-92022 California Building Code is amended to read as follows: 5 of35 105.2 Work Exempt from Permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does January 17, 2023, Item #7
Ordinance No. 859 Page 4 not exceed 120 square feet (11.15 m2), except that a permit is required for any structure located in the Very High Fire Hazard Zone. 2. Fences not over 6 feet (1,829 mm) high. 15.04.050 Table 1505.1 Amended. Table 1505.1 of the 204-92022 California Building Code is amended to read as follows: IA 18 A A TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IIA 118 IIIA 1118 IV A A A A A VA VB A A 15.04.060 Appendices C, H and I adopted. Appendices* Chapters C, H and I of the 204-92022 California Building Code, are adopted. 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. 15.08.01 0 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 ~2022 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, ~2020 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 ~2022 California Electrical Code, published by the California Building Standards Commission, which is based on the National Electrical Code, ~2020 Edition, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, 02269. Sections: 15.10.010 15.10.020 15.10.030 15.10.040 15.10.050 6 of35 Chapter 15.10 RESIDENTIAL CODE Adoption of the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations. Findings. Deletions, revisions and additions. Section R105.2 amended. Section R902.1.2,3-amended. January 17, 2023, Item #7
Ordinance No. 859 Page 5 15.10.060 Appendices* AH, AX, and AZ -19-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, 2-G-t-92022 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, 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 2-G-t-92022 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 2-G-t-92022 California Residential Code shall be as set forth in PMC 15.10.040 through 15.10.060. 15.10.040 Section R105.2 amended. Section R105.2, exemption 2, of the 2G4-92022 California Residential Code is amended to read as follows: R105.2 Work Exempt from Permit. Building: .1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet (11.15m2), except that a permit is required for any structure located in the Very High Fire Hazard Zone. 2. Fences not over 6 feet (1,829 mm) high. 15.10.050 Section R902.1.ii amended. Section R902.1 .ii of the California Residential Code is amended to read as follows: R902.1 .ii Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, 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 Appendices* AH, AX and AZ Ft-adopted. Appendices* AH, AX and AZ Ft-of the 2-0492022 California Residential Code is adopted. 7 of35 January 17, 2023, Item #7
Sections: 15.12.010 15.12.020 Chapter 15.12 PLUMBING CODE Ordinance No. 859 Page 6 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. 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 ~2022 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, ~2021 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 ~2022 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, 2Q..:t..g2021 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 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 204-92022 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, 2Q..:t..g2021 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 ~2022 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto. 8 of35 January 17, 2023, Item #7
Sections: 15.18.010 Chapter 15.18 ENERGY CODE Ordinance No. 859 Page 7 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 ~2022 California Energy Code, Part 6, 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. and the California Energy Code, ~2022 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 2G492022 California Energy Code and any rules and regulations promulgated pursuant thereto, including the California Energy Code, 2G492022 Edition, published by the California Energy Commission. Sections: 15.19.010 Chapter 15.19 HISTORICAL BUILDING CODE Adoption of the 2G492022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations. 15.19.010 Adoption of the 2G492022 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 ~2022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the ~2022 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). Sections: 15.21.010 Chapter 15.21 EXISTING BUILDING CODE Adoption of the 2G492022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations. 15.21.01 O Adoption of the ~2022 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 ~2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the ~2022 California Building Standards 9 of35 January 17, 2023, Item #7
Ordinance No. 859 Page 8 Code, as defined in the California Health and Safety Code, Section 18901 et seq, which is based on the 2Q.4.g2021 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 Code of Regulations. There is adopted and incorporated by reference herein as the City 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 ~2022 California Green Building Standards Code, Part 11, 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, 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 2G-+92022 California Green Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Green Building Standards Code ~2022 Edition, published by the California Building Standards Commission. Sections: Chapter 15.23 REFERENCED STANDARDS CODE 15.23.010 Adoption of the ~2022 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. 15.23.010 Adoption of the ~2022 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations. The California Referenced Standards Code, 2G-+92022 edition, Chapter 15.23 is adopted by reference without change to Buildings and Construction Title 15. Sections: Chapter 15.24 FIRE CODE 15.24.01 O 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. 10 of 35 January 17, 2023, Item #7
Ordinance No. 859 15.24.060 Building services and systems. 15.24.070 Fire sprinkler systems. 15.24.080 Construction requirements for existing buildingsFire safety during construction. 15.24.090 Fire safety during constructionWildland urban interface fire area.:. 15.24.100 Wild land-urban interface fire areaFireworks display.:. 15.24.110 Fireworks displayFlammable and combustible liquids.:. 15.24.120 Chapter 80 Referenced Standardsliquefied petroleum gases.:. Page 9 15.24.130 Appendix B, fire-flow requirements for buildingsChapter 80 Referenced Standards.:. 15.24.140 ConflictAppendix B, fire flow requirements for buildings.:. 15.24 .150 Conflict. 15.24.01 0 Adoption of California Fire Code The City of Poway adopts by reference the 20224-9 California Fire Code, excluding Section 103, and including Appendix Chapters 4 and Appendices B, C,...s, F, H, Land rn, 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 conflicting ordinances, resolutions or motions. 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 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 104.1 J2-is added to read: 104.1J2-Cost recovery. 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 104.1J2-.1 is added to read: 11 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 10 104.1~2.1 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 incurred In 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 recovery. 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 105.6.5~2 is added to read: 105.6.5~2 Christmas tree lots. An operational permit is required to operate a Christmas tree lot with or without flameproofing services. Section 105.6.53 is added to read: 105.6.53 Green waste recycling, mulching, composting operations and storage. A operational permit is required for green waste recycling, mulching, composting operations and storage. 15.24.025 Appeals. Section 11100.1 is modified to read: 11100.1 Appeals procedure established. Whenever the fire code official has 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 11f.0.4 is modified to read: 11f.0.4 Violation penalties. 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 12 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 11 misdemeanor or (in the discretion of the prosecuting attorney) an infraction, in any event as set forth in PMC Chapter 1.08. 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. Section 11~~.4 is modified to read: 11~~.4 Failure to comply. 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 blm\' or drav.• 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 1Nho 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 e:xplosive device or e:xplosive material to destroy, modify, obliterate or remove any obstruction of any kind. Blasting Permit. /1, 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 e:xceed 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. Blast Site. The geographically defined area, as shown on a project map or plot plan, 1Nhere 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 follo•Ning processes used to produce a compost product: static pile, windrow pile, or aerated static pile. 13 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 12 Dead End Road. /\ 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 and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual. Fire Access Road or Fire Access Roadway. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane, access roadway, and driveway. 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 loss 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 VVaste. 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, 14 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 13 topography, weather and structure density increase the probability that the area will be susceptible to a wildfire. 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. Open Space Easement. Any right or interest in perpetuity or for a term for years in open-space land, as that term is defined in Government Code section 51051, acquired by the County, a city or a nonprofit organization where the instrument granting the right or interest imposes restriction on use of the land, to preserve the land for public use or enjoyment of the natural or scenic character of the land. 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. Windrow Composting Process. The process in which compostable material is placed in elongated piles. The piles or v,iindrows are aerated and/or mechanically turned on a 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 carnivals 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, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, 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. 15 of 35 January 17, 2023, Item #7
Section 321_4 is added to read: SECTION 321_4 STORAGE OF FIREWOOD Ordinance No. 859 Page 14 321_4.1 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. Wi=leR required by the fire code official, ffirewood 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 503.2.1 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 loads of fire apparatus not less than 75,000 pounds ~ geotechnical report unless authorized by the FAHJ and shall be provided with an approved paved surface so as to provide all-weather driving capabilities. A paved surface shall mean asphalt, concrete, or ~permeable paver system, except that decomposed granite is permissible for residential driveways. 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: 16 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 15 503.2.5 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 parcels. The minimum, unobstructed paved radius width for a cul-de-sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types. 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. 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. Section 505.1 is modified to read: 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. Address numbers shall contrast with their background and meet the City of Poway standards. Additional address numbers may be required where deemed necessary by the 17 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 16 fire code official. Accessory dwelling units and junior accessory dwelling units shall require separate addresses. 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. TABLE NO. 507.2.2 Gallons Per Building Minute Water Capacity Duration Square Feet Flow Gallons Minutes Up to 3,600 10,000 40 3,601 to 7,700 250 15,000 60 18 of 35 January 17, 2023, Item #7
7,701 and above / 333 I 20,000 I Ordinance No. 859 Page 17 60 When the exposure distance is 100 feet or less 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 1/2-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: 19 of 35 507.3 Fire Flow Requirements. Fire flovvs shall be based on Appendix B. Consideration should be given to increasing the gallons per minute set forth in Appendix B to protect structures of extremely large 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 ne1N subdivisions shall not be less 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 January 17, 2023, Item #7
Ordinance No. 859 Page 18 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. 15.24.060 Building services and systems. Section 60§_~.8.1 is modified to read: 60§_~.8.1 Residential Incinerators. Residential incinerators shall be prohibited. 15.24.070 Fire sprinkler systems. 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 1.vhich fabric or similar material is stretched 1.vhich are specifically used as green houses are exempt from fire sprinkler requirements unless they are physically connected to other structures. 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 New Additions All Gccupancies Additions Residential Gccupancies Gccupancies (Except Residential) located in the City's 11-ery high (Except Residential fire hazard area* Residential) /\II buildings Required per Additions of more than 213% of Residences may be required greater than California the square footage of an existing to install a Sprinkler system a,ooo sq. ft. Residential building, which results in a wl=len tl=le proposeEI adElition is Geae stFUcture of a,000 square feet or more tl=lan 749 square feet more, sl=lall be requireEI to be wl=licl=I results in a structure of protected tl=lrougl=lout the entire 3,@00 square feet or more structure witl=I a sprinkler system when structurally feasible. consistent i.•.iith this section. Residences may be required 20 of 35 January 17, 2023, Item #7
Section 903.3 is modified to read: Ordinance No. 859 Page 19 te iAstall a spFiAkleF system wl=leA tl=le pFepeseEl aElElitieA is mern tl=laA 749 square feet WRiSR results iA aA iASFease iA squaFe feetage ef meFe tl=laA aG peFSeAt wl=leA strust1::1Fally feasible aAEl 'NReA a spesial l=lai!:aFEl SUSA as a substaAElarEl water supply eF a substaAElaFEl assess e*ists. StaAElaFEls feF water supply aAEl assess arn ElefiAeEl by SestieA 1 a.24 .GaG ef tl=le Peway MuAisipal CeEle. Wl=leA spFiAkleFS are FequiFeEI uAEler tl=lis sestieA, tl=le strustuFe sl=lall be requiFeEl te be prntesteEl tl=lrnugl=leut tl=le eAtire stFusture witl=I a spFiAkleF system seAsisteAt witl=I tl=lis sestieA. 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 ("off the top") available water source pressure during peak usage. Section 903.3.1.1.4J is added to read: 903.3.1.1.4J 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: 903.3.1.3.1 Water Supply Design. 1. Ne1N stFUstuFes less tl=laA 7aG square feet iA sii!:e sl=lall be equippeEl witl=I a miAimum of 3/4 iAsl=I wateF seFvise liAe aAEl 3/4 iAsl=I 'Nater meter. New structures moFe tl=laA 749 square feet iA sii!:e shall be equipped with a minimum one-inch water service line and one-inch water meter. SestioA 9G3.4, E*septioA 1, is meElifieEl te rnaEl: 21 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 20 Exception 1 Automatic sprinkler systems 1Nith less than 100 fire sprinklers protecting one and two family d1Nellings. 15.24.080 Construction Requirements for Existing Buildings Section 1103.5 Sprinkler systems is modified to read: An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5, and all existing buildings and structures with an existing fire sprinkler system(s) undergoing improvements and/or additions shall be provided with approved fire sprinkler protection in accordance with the appropriate NFPA design. 15.24.o~go 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. 15.24JQ90 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 wild land-urban interface fire area to submit a Fire Protection Plan (FPP) as part of the approval process. 4903.2 Contents. The FPP shall consider location, topography, geography, 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 4907.21, is added to read: 22 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 21 4907.~ General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, g.Quildings 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. 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.J.§ is added to read: 4907.J.§ 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 as further described below. 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 23 of 35 January 17, 2023, Item #7
24 of 35 Ordinance No. 859 Page 22 implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the Wildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual. Exceptions: 1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. 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. Fuel Modification Zones. Zone O "Immediate Zone" from O to 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited. Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual. Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual. January 17, 2023, Item #7
Figure 4907.4§. Measurements of Fuel Modification Distance Ordinance No. 859 Page 23 I uomOOified I Fuel ' --1ooree~ Modifie;-7 100 feer----.. d Horizontal plane Unmodified Fuel : ....................................................................................................................................................................................................................................................................................................................... i 25 of 35 January 17, 2023, Item #7
Section 4907.4§.1 is added to read: Ordinance No. 859 Page 24 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 ~ 10 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 ensure 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.aZ is added to read: 4907.aZ Land Ownership. Once a fuel modification zone has been established under section 4907.4§, 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.e§. is added to read: 4907.e§. 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 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. Section 4907.~+ is added to read: 26 of 35 4907.~+ 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. January 17, 2023, Item #7
Ordinance No. 859 Page 25 Section 4907-1Q+.1 is added to read: 4907JQ+.1 Landscape Installation. All landscaping shall be installed prior to final inspection for issuance of a certificate of occupancy. 15.24.1100 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 Chief 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 .110 Flammable and combustible liquids. Section 5704.2.9.6.1 is modified to read: 27 of 35 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 2019 California Fire Code and the 2018 International Fire Code in 1.vhich storage of flammable or combustible liquids in outside abo1,e ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Poway. Exceptions: 1. VVith the fire code official's approval, Class I and II liquids may be stored above ground outside of buildings in specially designed, approved, and listed containers 1Nhich have features incorporated into their design 1Nhich 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 official may disapprove the installation of such containers 1,e.ihen 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 1Nithin 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 official with a maximum capacity of 550 gallons. Such tanks may be located 1Nithin a building when the fire code official deems appropriate, and January 17, 2023, Item #7
Ordinance No. 859 Page 26 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 1Nith 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 official'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 follQl.~,iing criteria shall be applied in areas within the South Poway Business Park, 1Nhich are designated commercial, light industrial, or industrial park. With the fire code official'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 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 I or 10,000 gallons for Class 11 liquids. The fire code official may disapprove the installation of such containers when, in the fire code official'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 follo•,a.iing the approval of submitted plans prior to installation. Tanks shall be required to be secured by fencing and to have appropriate signage. 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 pits when approved by the fire code official. Section 5705.2.4 is modified to read: 5705.2.4 Transferring Class I, II or Ill liquids. Class I or II liquids or Class Ill 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 I 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 I or 28 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 27 II liquids or Class Ill 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 Y.'ithin 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 .120 Liquefied petroleum gases. Section 6104 .2 is modified to read: 6104 .2 Maximum Capacity VVithin Established Limits. The geographic limits in 1Nhich 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. 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 1Nhen required by the FAHJ. 15.24.1.f.J0 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: 29 of35 7.1.5 Pressure-regulating valve. When available system water pressure exceeds 150 pounds per square inch (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 psi gauge (psigl 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 January 17, 2023, Item #7
Ordinance No. 859 Page 28 the pressure at 175 psig, provided the available supply pressure does not mcceed 175 psig. Section 7.2.5 is modified to read: 7.2.5 Inspector Test. Each sprinkler system shall have a 1/2" 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._1.J is added to read: 7.3._1.J 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 3nd shall actuate an audible fire alarm s¼gn-al-bell within 90 seconds. The 1Nater flow switch shall be a retarding type with a delay between 15 60 seconds before activation of the signal bell. The fire 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. Section 8.3.4 is modified to read: 8.3.4. Sprinklers shall not be required in garages, open attached porches, and balconies, carports, and similar structuresmay be omitted from carports and open attached porches 111hen less than 4 feet in depth. However, attached and/or detached habitable garages shall be protected with quick response intermediate temperature rated sprinklerswith 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 tAe-fuel-fired FAU equipment is located 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: 30 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 29 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 11.2.1.1 is modified to read: 11.2.1.1 Hydrostatic Tests. Where a fire department connection is not provided, tAe s§ystem shall be hydrostatically tested at 200 psi for 2 hours. 15.24.1J40 Appendix B, fire-flow requirements for buildings. Section 8103.3 is modified to read: 8103.3 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. 15.24.11:50 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 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. 31 of 35 January 17, 2023, Item #7
Ordinance No. 859 Page 30 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 6th day of December, 2022, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 17th day of January, 2023, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: Carrie Gallagher, CMC, City Clerk Steve Vaus, Mayor 32 of 35 January 17, 2023, Item #7
EXHIBIT A Findings Supporting the City of Poway Amendments to the California Fire Code, 2022 Edition: As required by Health and Safety Code Section 17958, the Poway City Council does herewith make express findings that amendments to the California Fire Code, 2022 Edition, are necessary for the protection of the public health, safety, and welfare due to certain climatic, topographic, or geographical features existing in the County of San Diego. Findings for the City of Poway amendments to the California Fire Code, 2022 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. 33 of 35 January 17, 2023, Item #7
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 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. 34 of 35 2 January 17, 2023, Item #7
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. 35 of 35 3 January 17, 2023, Item #7