Ord 710ORDINANCE NO. 710
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, RESCINDING CHAPTER 15.24 OF
THE POWAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.24 REGARDING THE
POWAY FIRE CODE, WHICH ADOPTS BY REFERENCE THE CALIFORNIA FIRE CODE, 2010
EDITION, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS AND CHAPTER 9.12
OF THE POWAY MUNICIPAL CODE CONCERNING FIREARMS, FIREWORKS AND
EXPLOSIVES
WHEREAS, Chapter 15.24 of the Poway Municipal Code is the Poway Fire Code, which
adopts by reference the California Fire Code; and
WHEREAS, Chapter 15.24 currently adopts by reference the 2007 version of the California
Fire Code: and
WHEREAS, there is a need to amend Chapter 15.24 because the State of California has
recently adopted a 2010 version of the California Fire Code; and
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;
and
WHEREAS, the City of Poway is mandated by the California Health & Safety Code to adopt
the same requirements as set forth in the state regulations adopted pursuant to Health & Safety
Code Section 17922 and the same requirements as set forth in the 2010 California Fire Code,
hereinafter referred to as the Fire Code or Fire Codes; and
WHEREAS, Fire Code amendments adopted by the State of California shall take
precedence over the 2010 California Fire Code language, and local amendments adopted by the
City of Poway shall take precedence over the 2010 California Fire Code; and
WHEREAS, Health & Safety Code Section 17958.5 permits the City of Poway to make
such changes or modifications to the Fire Codes as are reasonably necessary because of local
conditions: and
WHEREAS, Health & Safety Code Section 17958.7 requires that the City of Poway, before
making any changes or modifications to the Fire Codes pursuant to Section 17958.5, makes
express findings that such changes or modifications are needed due to climatic, geologic, or
topographic conditions; and
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; and
WHEREAS, the City Council of the City of Poway finds that the modifications and changes
to the 2010 California Fire Code are reasonably necessary because of the local climatic,
geological, and topographical conditions identified in Attachment A; and
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WHEREAS, certain amendments to the 2010 California Fire Code are necessary to
mitigate said deleterious effects to the extent possible; and
WHEREAS, Chapter 9.12 of the Poway Municipal Code is the firearms and explosives
code; and
WHEREAS, there is a need to amend Chapter 9.12 of the Poway Municipal Code in order
to amend and clarify the administrative permit process for firework displays for the purposes of
that Chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
SECTION 1: Poway Municipal Code Chapter 15.24 is hereby rescinded, and a new
Chapter 15.24 is added in its place as follows:
15.24.010 Adoption of California Fire Code.
The City of Poway adopts by reference the 2010 California Fire Code, including Appendix
Chapters 1 and 4 and Appendices B and F, 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
Marshal, 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 Definitions.
The following definitions are added to Section 202:
Administrator. Wherever the term "Administrator' is used in the California Fire Code, it
means the Poway City Council.
Bureau of Fire Prevention. Wherever the term "Bureau of fire prevention" is used, it means
"Fire Prevention Division."
Chief of the Bureau of Fire Prevention. Wherever the term "Chief of the bureau of fire
prevention" is used, it means "Fire Marshal."
Corporation Counsel. Wherever the term "Corporation Counsel' is used, it means the City
Attorney for the City of Poway.
Fire Department. Any regularly organized fire department regularly charged with the
responsibility of providing fire protection to the jurisdiction.
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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 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.
Ignition- Resistant Material. Any product which, when tested in accordance with ASTM E84
for a period of 30 minutes, shall have a flame spread rating of not over 25 and show no
evidence of progressive combustion. In addition, the flame front shall not progress more
than 10Yz feet beyond the centerline of the burner at any time during the test.
Materials shall pass the accelerated weathering test and are identified as exterior type, in
accordance with ASTM D 2898 and ASTM D 3201. All materials shall bear identification
showing the fire performance rating thereof. That identification shall be issued by ICC -ES
or a testing facility recognized by the State Fire Marshal as having a service for inspection
of materials at the factory.
Jurisdiction. Wherever this term is used in the California Fire Code, it means the
jurisdictional boundaries of the City of Poway.
Public Nuisance. Any condition declared by this Code or the Chief to be a fire or health
hazard.
Response Time. Response time is used in the Fire Code portion of the California Building
Standards Code. It means the time period from when the original incident alarm was
received by dispatch to when the first fire unit arrives on 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.
Wildland -Urban Interface Code. The Code regulating and governing the mitigation of
hazard to life and property from the intrusion of fire from wildland exposures, fire from
adjacent structures and prevention of structure fires from spreading to wildland fuels as
adopted by the local FAHJ.
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2009 International Fire Code or Fire Code. Whenever the terms "this Code" and "2009
International Fire Code" are used, they shall mean the 2010 California Fire Code as
modified by the City of Poway with the deletions, revisions, and additions set forth in the
amendments.
The definition of "High -Rise Building" in Section 202 is modified to read as follows:
High -Rise Building.
1. "Existing high -rise structure" means a high -rise structure, the construction of which is
commenced or completed prior to July 1, 1974.
2. "High -rise structure" means every building of any type of construction or occupancy
having floors used for human occupancy located more than 55 feet above the lowest floor
level having building access (see California Building Code, Section 403.1.2), except
buildings used as hospitals as defined in Health and Safety Code Section 1250.
3. "New high -rise structure" means a high -rise structure, the construction of which is
commenced on or after July 1, 1974.
The definition of "High- Hazard Group H" under "Occupancy Classification" in Section 202 is
modified to read as follows:
High- Hazard Group H. High- Hazard Group H occupancy includes, but is not limited to, the
use of a building or structure or a portion thereof that involves the manufacturing,
processing, generation, or storage of materials that constitute a physical or health hazard
in quantities in excess of quantities allowed in control areas constructed and located as
required in Section 2703.8.3. Hazardous uses are classified in Groups H -1, H -2, H -3, H -4,
and H -5 and shall be in accordance with this Code and the requirements of Section 415 of
the California Building Code.
Exceptions: The following shall not be classified in Group H, but shall be classified in the
occupancy that they most nearly resemble:
1. Buildings and structures that contain not more than the maximum allowable quantities
per control area of hazardous materials as shown in Tables 2703.1.1(1) and 2703.1.1(2),
provided that such buildings are maintained in accordance with this Code.
2. Buildings utilizing control areas in accordance with Section 2703.8.3 that contain not
more than the maximum allowable quantities per control area of hazardous materials as
shown in Tables 2703.1.1(1) and 2703.1.1(2).
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3. Wholesale and retail sales and storage of flammable and combustible liquids in
mercantile occupancies conforming to Chapter 34.
4. Closed piping systems containing flammable or combustible liquids or gases utilized for
the operation of machinery or equipment.
5. Cleaning establishments that utilize combustible liquid solvents having a flash point of
140 °F (60 °C) or higher in closed systems employing equipment listed by an approved
testing agency, provided that this occupancy is separated from all other areas of the
building by one -hour fire barriers constructed in accordance with Section 706 of the
International Building Code or one -hour horizontal assemblies constructed in accordance
with Section 711 of the International Building Code, or both.
6. Cleaning establishments that utilize a liquid solvent having a flash point at or above
200 °F (93 °C).
7. Liquor stores and distributors without bulk storage.
8. Refrigeration systems.
9. The storage or utilization of materials for agricultural purposes on the premises.
10. Stationary batteries utilized for facility emergency power, uninterrupted power supply,
or telecommunication facilities, provided that the batteries are provided with safety venting
caps and ventilation is provided in accordance with the International Mechanical Code.
11. Corrosives shall not include personal or household products in their original packaging
used in retail display or commonly used building materials.
12. Display and storage of nonflammable solid and nonflammable or noncombustible liquid
hazardous materials in quantities not exceeding the maximum allowable quantity per
control area in Group M or S occupancies complying with Section 2703.8.3.5.
13. The storage of black powder, smokeless propellant, and small arms primers in Groups
M and R -3, and special industrial explosive devices in Groups B, F, M, and S, provided
such storage conforms to the quantity limits and requirements of this Code.
15.24.030 General precautions against fire.
Section 307.4.1 is modified to read as follows:
307.4.1 Bonfires. Bonfires are prohibited within the City of Poway.
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Section 307.4.2.1 is added as follows:
307.4.2.1 Recreational fires comprised of ordinary combustibles such as wood and paper
products are prohibited in high and very high fire severity zones as geographically defined
by the Wildland -Urban Interface Code. The Chief may authorize the use of gas - fired,
nonspark - generating recreational fires in accordance with Section 307 for recreational
purposes only.
Section 307.5.1 is added as follows:
307.5.1 An adult must be present at all times to watch and tend to outdoor fires.
15.24.040 is modified as follows:
15.24.040 Solar Photovoltaic Installation
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Photovoltaic systems must be marked. Marking is needed to provide emergency responders with
appropriate warning and guidance with respect to working around and isolating the solar electric
system. This can facilitate identifying energized electrical lines that connect the solar modules to
the inverter, as these should not be cut when venting for smoke removal.
Materials used for marking must be weather resistant. It is recommended that Underwriters
Laboratories Marking and Labeling System 969 (UL 969) be used as standard to determine
weather rating. (UL listing of markings is not required).
Main Service Disconnect
1.1.1 Marking Content and Format
The following content and format shall be used for marking Solar Electric Systems:
MARKING CONTENT: CAUTION: SOLAR ELECTRIC SYSTEM CONNECTED
RED BACKGROUND
WHITE LETTERING
MINIMUM 3/8" LETTER HEIGHT
ALL CAPITAL LETTERS
ARIAL OR SIMILAR FONT, NON -BOLD
REFLECTIVE, WEATHER RESISTANT MATERIAL SUITABLE FOR THE ENVIRONMENT
(durable adhesive materials may meet this requirement)
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1.2 Marking for Direct Current Conduit, Raceways, Enclosures, Cable Assemblies, and
Junction Boxes
Marking is required on all interior and exterior DC conduit, raceways, enclosures, cable
assemblies, and junction boxes to alert the fire service to avoid cutting them. Marking shall
be placed on all interior and exterior DC conduit, raceways, enclosures, and cable
assemblies every ten feet, at turns, above and /or below penetrations, and all DC combiner
and junction boxes.
1.2.1 Marking Content and Format
The following content and format shall be used for marking Solar Electric Circuits:
MARKING CONTENT: CAUTION SOLAR CIRCUIT
RED BACKGROUND
WHITE LETTERING
MINIMUM 3/8" LETTER HEIGHT
ALL CAPITAL LETTERS
ARIAL OR SIMILAR FONT, NON -BOLD
REFLECTIVE, WEATHER RESISTANT MATERIAL SUITABLE FOR THE ENVIRONMENT
(durable adhesive materials meet this requirement)
1.3 Inverters
The inverter is a device used to convert DC electricity from the solar system to AC electricity for
use in the building's electrical system or the grid.
No markings are required for the inverter.
2.0 ACCESS, PATHWAYS, AND SMOKE VENTILATION
Access and spacing requirements shall be observed in order to:
1. Ensure access to the roof.
2. Provide pathways to specific areas of the roof.
3. Provide for a smoke ventilation opportunities area.
4. Provide emergency egress from the roof.
Exceptions:
1. Adequate ventilation opportunities beneath solar array (as with significantly elevated or
widely spaced arrays)
2. Adequate ventilation opportunities afforded by module set back from other rooftop
equipment (example: shading or structural constraints may leave significant areas open for
ventilation near HVAC equipment)
3. An automatic ventilation device
4. New technology, methods, or other innovations that ensure adequate fire department
access, pathways, and ventilation opportunities
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Designation of ridge, hip, and valley does not apply to roofs with 2 -in -12 or less pitch. All roof
dimensions are measured to centerlines.
Roof access points shall be defined as areas where ladders are not placed over openings (e.g.
windows or doors) and are located at strong points of building construction and in locations where
they will not conflict with overhead obstructions (e.g. tree limbs, wires, or signs).
2.1 Residential Systems — Single and Two -Unit Residential Dwellings
A plan review is required if a system is to be installed that will occupy more than 50 percent of the
roof area of a residential building.
2.1.1 Access /Pathways
Residential buildings with hip roof layouts. Modules shall be located in a manner that provides one
3 -foot -wide, clear- access pathway from the eave to the ridge on each roof slope where modules
are located. The access pathway shall be located at a structurally strong location on the building
(such as a bearing wall).
Residential buildings with a single ridge. Modules shall be located in a manner that provides two
3- foot –wide, access pathways from the eave to the ridge on each roof slope where modules are
located.
Hips and valleys. Modules shall be located no closer than 1.5 feet to a hip or a valley if modules
are to be placed on both sides of a hip or valley. If the modules are to be located on only one side
of a hip or valley that is of equal length, then the modules may be placed directly adjacent to the
hip or valley.
2.1.2 Smoke Ventilation
The modules shall be located no higher than three feet (T) below the ridge.
2.2 Commercial Buildings and Residential Housing Comprised of Three or More Units
2.2.1 Access
There shall be a minimum of a six- foot -wide, clear perimeter around the edges of the roof.
Exception: If either axis of the building is 250 feet or less, there shall be a minimum of a four foot -
wide, clear perimeter around the edges of the roof.
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2.2.2 Pathways
Pathways shall be established in the design of the solar installation. Pathways shall meet the
following requirements:
a. Shall be over structural members
b. Centerline axis pathways shall be provided in both axis of the roof. Centerline axis
pathways shall run on structural members or over the next closest structural member
nearest to the center lines of the roof
c. Shall be a straight line not less than four feet clear to skylights and /or ventilation hatches
d. Shall be a straight line not less than four feet clear to roof standpipes
e. Shall provide not less than four feet of clear around roof access hatch with at least one and
not less than four feet of clear pathway to parapet or roof edge
2.2.3 Smoke Ventilation
a. Arrays shall be no greater than 150 by 150 feet in distance in either axis
b. Ventilation options between array sections shall be either
i. A pathway that is eight feet or greater in width
ii. A pathway that is four foot or greater in width and bordering on existing roof skylights or
ventilation hatches
iii. A pathway that is four foot or greater and bordering four feet by eight feet "venting cutouts"
every 20 feet on alternating sides of the pathway
3.0 LOCATION OF DIRECT CURRENT (DC) CONDUCTORS
Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as
possible to the ridge, hip, or valley and from the hip or valley as directly as possible to an outside
wall to reduce trip hazards and maximize ventilation opportunities.
Conduit running between sub - arrays and to DC combiner boxes shall use design guidelines that
minimize the total amount of conduit on the roof by taking the shortest path from the array to the
DC combiner box. The DC combiner boxes are to be located such that conduit runs are
minimized in the pathways between arrays.
To limit the hazard of cutting live conduit in venting operations, DC wiring shall be run in metallic
conduit or raceways when located within enclosed specs in a building and shall be run, to the
maximum extent possible, along the bottom of load- bearing members.
4.0 NONHABITABLE BUILDINGS
This section does not apply to nonhabitable structures. Examples of nonhabitable structures
include, but are not limited to, parking shade structures, solar trellises, and other similar
structures.
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5.0 GROUND - MOUNTED PHOTOVOLTIAC ARRAYS
Setback requirements do not apply to ground- mounted, freestanding photovoltaic arrays. A clear
brush area of ten feet is required for ground- mounted photovoltaic arrays.
15.24.050 Fire service features.
Section 503.1.2 is modified to read as follows:
503.1.2 Additional Access. The Chief may require one or more secondary means of
access to a project, development or area where he or she deems that such access is
necessary for emergency operations and /or evacuation. The maximum length of a dead -
end road, including all dead end roads accessed from that dead -end road, shall not
exceed the following cumulative lengths, regardless of the number of parcels served:
Parcels zoned for less than 1 acre 800 feet
Parcels zoned for 1 acre to 4.99 acres 1,320 feet
Parcels zoned for 5 acres to 19.99 acres 2,640 feet
Parcels zoned for 20 acres or larger 5,280 feet
These requirements may be modified when, in the opinion of the Chief, conditions warrant.
All lengths shall be measured from the edge of the roadway surface at the intersection
where the road begins to the end of the road surface at its farthest point. Where a dead -
end road crosses areas of differing zoned parcel sizes that require different length limits,
the shortest allowable length shall apply.
Secondary access must be remote from the primary access and must meet all provisions
of this section.
Section 503.2.1 is modified to read as follows:
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 Chief, 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.
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Sections 503.2.3 through 503.2.5 are modified to read as follows:
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 unless
authorized by the FAHJ, and shall be provided with an approved paved surface so as to
provide all- weather driving capabilities. When deemed necessary in the opinion of the
Chief, a paved driving surface shall mean asphalt or concrete surface.
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 Chief.
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 structures. The minimum, unobstructed paved radius width for a cul -de -sac shall be 38
feet in residential areas. The Fire Chief shall establish a policy identifying acceptable
turnarounds for various project types.
Section 503.2.7 is modified to read as follows:
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. The Chief may require additional mitigation measures
where he or she deems appropriate. 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
Chief.
Section 503.3.1 is added as follows:
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
Chief may require the posting of a fire access roadway where parking has obstructed or
could obstruct the required width.
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Section 503.4.1 is added as follows:
503.4.1 Roadway Design Features. Roadway design features (including speed bumps,
speed humps, and speed control dips) that may interfere with emergency apparatus
responses shall not be installed on fire access roadways, unless they meet design criteria
approved by the Chief.
Section 503.6.1 is added as follows:
503.6.1 Security Gates. All gates or other structures or devices that could obstruct fire
access roadways or otherwise hinder emergency operations are prohibited unless they
meet the standards approved by the Chief and receive Specific Plan approval.
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 Chief, 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 shall be
automatically transferred to a fail -safe mode allowing the gate to be manually pushed open
without the use of special knowledge or equipment.
All automatic gates must meet fire department policies deemed necessary by the Chief for
rapid, reliable access.
Automatic gates serving more than one dwelling or residential lot that are in existence at
the time of adoption of this ordinance are required to install an approved emergency key -
operated switch or other mechanism approved by the Chief at an approved location which
overrides all command functions and opens the gate(s). Property owners must comply
with this requirement within 90 days of written notice to comply.
Where this section requires an approved key- operated switch, it shall be dual keyed or
dual switches shall be provided to facilitate access by law enforcement personnel.
Section 505.1 is modified to read as follows:
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.
Said numbers shall contrast with their background, and shall meet the following minimum
standards as to size: four inches for single - family dwellings; six inches for multifamily
dwellings; between six inches (minimum) and 18 inches (maximum) for commercial
buildings; and between 18 inches (minimum) and 24 inches (maximum) for industrial
buildings. Additional numbers shall be required where deemed necessary by the Fire
Marshal, e.g. rear access doors, building corners, and entrances to commercial centers.
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Page 13
The Fire Chief may establish different minimum sizes for numbers for various categories of
projects.
Roof Numbers. When required by the Chief, roof numbers shall be installed meeting
current fire department standards.
Section 505.3 is added as follows:
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 as follows:
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 505.5 is added as follows:
505.5 Response Map Updates. Any new development, which necessitates updating of
emergency response maps by virtue of new structures, hydrants, roadways, or similar
features, shall be required to provide map updates in a format (PDF and /or CAD format as
approved by the FAHJ) compatible with current department mapping services and shall be
charged a reasonable fee as established by City Council resolution from time to time for
updating all response maps.
Section 506.1 is modified to read as follows:
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 Chief is authorized to require a key box to be installed in an
accessible location. The key box shall be a type approved by the Chief and shall contain
keys to gain necessary access.
Section 506.2.1 is added as follows:
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.
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Section 507.2.2 is modified to read as follows:
5072.2 Water Storage Tanks. Water storage tanks, when permitted by the Chief, shall
comply with Table No. 507.2.2.
TABLE NO. 507.2.2
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' /cinch National
Standard Thread (male). Additional outlets may be required.
3. Tanks that are supplied by municipal water, when permitted by the Fire Chief, 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 Marshal
and installed per manufacturer recommendations.
Gallons Per
Building
Minute Water
Capacity
Duration
Square Feet
Flow
Gallons
Minutes
Up to 3,600
250
10,000
40
3,601 to 7,700
15,000
60
7,701 and above
333
20,000
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 Chief.
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' /cinch National
Standard Thread (male). Additional outlets may be required.
3. Tanks that are supplied by municipal water, when permitted by the Fire Chief, 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 Marshal
and installed per manufacturer recommendations.
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Page 15
8. The Chief 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 as follows:
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
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 as defined in Appendix B, the main capacity for new subdivisions
shall not be less than eight inches in diameter and capable of supplying the required fire
flow with a maximum flow velocity of 15 feet per second, unless otherwise approved by the
Chief and the City Engineer.
If fire flow increases are not feasible, the Chief 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 Chief.
Section 507.5.1 is modified to read as follows:
507.5.1 Required Installations. The location, type, and number of fire hydrants connected
to a water supply capable of delivering the required fire flow shall be provided on the
public or private street, or on the site of the premises to be protected, or both, as required
and approved by the Fire Chief. Fire hydrants shall be accessible to fire department
apparatus by roads meeting the requirements of Section 503. For fire safety during the
construction, alteration, or demolition of a building, see Section 1412.1.
Section 507.5.1.1 is added as follows:
507.5.1.1 Water Supplies and Fire Hydrants. For Group R -3 and U occupancies, an
approved water supply capable of supplying the required fire flow for fire protection shall
be provided to all premises upon which facilities, buildings, or portions of buildings are
hereafter constructed or moved into or are within the jurisdiction. When any portion of the
facility or building protected is in excess of 500 feet for a parcel size of one acre or larger,
or 350 feet for a parcel size of less than one acre from a water supply on a public street,
as measured by an approved route around the exterior of the facility or building, on -site
fire hydrants and mains capable of supplying the required flow shall be provided when
required by the Chief.
ORDINANCE NO. 710
Page 16
Exception: Remodels and additions. Existing structures which are remodeled or added to
where the amount of new area does not exceed 1,500 square feet and the additional or
remodeled area is protected with an approved automatic fire extinguishing system.
Section 507.5.1.1.2 is added as follows:
507.5.1.1.2 Fire Hydrant Systems — Placement. In multifamily, commercial, and industrial
zones, fire hydrants shall be installed at intersections at the beginning radius of cul -de-
sacs and every 300 feet of fire access roadways, regardless of parcel size.
Exception: When improved methods of fire protection are provided beyond those required
by the Code and they are accepted by the Chief, adjusted spacing of fire hydrants from
those set forth above may be considered.
Section 507.5.1.1.3 is added as follows:
507.5.1.1.3 Fire Hydrant Systems — Materials /Construction. All fire hydrants shall be of
bronze construction, including all internal parts except seats. Alternate materials may be
used if approved by the Fire Marshal and the Public Works Department. The stems shall
be designed and installed in a manner that will ensure that they will not be projected
outward from the main body by internal water pressure due to disassembly. The number
and size of fire hydrant outlets shall be as follows:
1. One 4 -inch and one 2% -inch NST outlet.
2. One 4 -inch and two 2' /z -inch NST outlets.
3. Two 4 -inch and two 2' /cinch NST outlets.
In some instances the Chief may require a fire hydrant to have any other combination of
four -inch and 2'/2-inch outlets.
(Ord. 683 § 59, 2008; Ord. 670 § 1, 2007)
15.24.060 Building services and systems.
Section 603.8.1 is modified to read as follows:
603.8.1 Residential Incinerators. Residential incinerators shall be prohibited.
15.24.070 Fire sprinkler systems.
Section 903.1.2 is added as follows:
903.1.2 Life Safety Sprinkler System. Life safety sprinkler systems shall meet National Fire
Protection Association Standards 13, 13 -D or 13 -R, and City of Poway installation policies
as appropriate.
ORDINANCE NO. 710
Page 17
Section 903.2 is modified to read as follows:
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.
G \II
New
Commercial
Buildings
All buildings
greater than
5,000 sq. ft.
witnm the
New
Residential
(R3) Buildings
Required per
California
Residential
Code
of
Additions — All Commercial
Buildings
Additions — Residential
Buildings located in the City's very
hioh fire hazard area'
Additions of more than 25% of
the square footage of an
existing building, which results
in a 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.
Residences may be required to
install a Sprinkler system when the
proposed addition is 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.
. As adopted by Ordinance 698
ORDINANCE NO. 710
Page 18
1. Commercial buildings built on a property line other than a public way shall be protected by
a fire sprinkler system consistent with the foregoing standards, regardless of size. When
present, utility easement(s) may be considered as building separation distance when that
utility easement will prevent construction of a structure within the boundaries of that specific
easement.
2. Where an existing commercial building or structure is not protected by an automatic fire
extinguishing system but would otherwise be required to be protected if built as a new
building, its use will be allowed to continue until such time as any structural change takes
place that modifies, alters, or affects any bearing wall or similar structural assembly at
which time it shall be made to conform to the provisions of this Code.
3. 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.
4. Where life safety sprinkler systems are required by this code, a fire alarm signal shall be
provided by a water flow switch located on the sprinkler riser, and the alarm bell(s) or other
audible device shall be of sufficient intensity to be clearly audible in all bedrooms.
5. For new buildings less than 750 square feet in size located in both the City's water service
area and very high fire hazard severity area that require a 13D life safety sprinkler system,
water meters shall be a minimum of 3/4 inch, and the water service line shall be a minimum
of 3/4 inch.
6. For new buildings greater than 749 square feet in size located in the City's water service
area that require a 13D life safety sprinkler system, water meters shall be a minimum one -
inch, and the water service line shall be a minimum of one -inch.
7. For residential additions located in the City's water service area that require a 13D life
safety sprinkler system, water meters shall be a minimum one -inch, and the water service
line shall be a minimum of one -inch.
Section 903.3.1 is modified to read as follows:
903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
For all sprinkler systems:
a) Required automatic fire extinguishing systems plans shall be approved by the Fire Chief
or his /her designee.
b) Plans shall be submitted prior to any installation commencing by a licensed system
designer and /or installer. Plans shall be approved prior to the beginning of installation.
Plans shall show all necessary engineering features and calculations to document
compliance with and as required by NFPA 13, 13R, and 13D.
ORDINANCE NO. 710
Page 19
c) Standard tests during and after installation shall be required as by NFPA 13, 13R, and
13D, and fire prevention division standards. These tests must be performed and
documented prior to final inspection.
d) No building hereafter required to have an automatic fire extinguishing system installed
shall pass final building inspection or be issued a certificate of occupancy until the fire
extinguishing system passes a final fire inspection.
e) If the Fire Prevention Division needs assistance from a specialized consultant for plan
checks, or if extensive inspections /reinspections are required during installation, a
reasonable fee shall be charged to cover expenses. Fees shall be established by
resolution of the City Council.
f) For commercial and industrial occupancies commonly 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 .45 gallons per minute per square foot for a 3,000- square -foot
design area.
Section 903.4, Exception 1, is modified to read as follows:
903.4 Sprinkler System Alarm Monitoring
Exception 1 — Automatic sprinkler systems with less than 100 fire sprinklers protecting
one- and two- family dwellings.
Section 907.2.11.5 is added as follows:
907.2.11.5 Additions, Alterations or Repairs to Group R Occupancies. When the valuation
of an addition, alteration, or repair to Group R occupancy exceeds $1,000 and a permit is
required, or when one or more sleeping rooms are added or created in existing Group R
occupancies, smoke alarms shall be installed in accordance with Section 907.2.11.
15.24.080 Fuel modification or vegetation modification.
Section 1418 is added as follows:
1418. Fuel Modification or Vegetation Modification. Fuel modification or vegetation
modification shall be maintained prior to combustibles arriving on site.
15.24.090 Flammable finishes.
Section 1504.3.3.2 is added as follows:
1504.3.3.2 Spraying Space. Spray operations of flammable finishes are prohibited outside
if the spray area exceeds nine square feet and /or produces vapors that could reach any
source of ignition.
ORDINANCE NO. 710
Page 20
15.24.100 Storage and processing of wood chips, hogged materials, fines, compost, and
raw product in association with yard waste and recycling facilities.
Section 1908.1 is modified to read as follows:
1908.1 General. The storage and processing (mulching, composting) of wood chips,
hogged materials, fines, compost, and raw product produced from yard waste, debris, and
recycling facilities shall be in accordance with Section 1908.
Section 1908.1.2 is added as follows:
1908.1.2 Definitions. For the purpose of Section 1908, certain words and phrases are
defined and certain provisions shall be construed as set forth herein, unless it is apparent
from the context that a different meaning is intended.
Aerated Static Pile means 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.
Chipping and Grinding means an activity that mechanically reduces the size of organic
matter.
Composting Operations means 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.
Green Waste includes but is not limited to such organic material as yard trimmings, plant
waste, manure, untreated wood wastes, paper products, and natural fiber products.
Hogged Materials means 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 is the process by which mixed green waste is mechanically reduced in size for
the purpose of making compost.
Static Pile means a composting process that is similar to the aerated static pile except that
the air source may or may not be controlled.
Windrow Composting Process means the process in which compostable material is placed
in elongated piles. The piles or windrows are aerated and /or mechanically turned on a
periodic basis.
Wood Chips means chips of various species of wood produced or used in chipping and
grinding operations.
ORDINANCE NO. 710
Page 21
Section 1908.1.3 is added as follows:
1908.1.3 Permit Required. A permit shall be obtained from the fire department prior to
engaging in the operation and storing process of wood chips, hogged material, fines,
compost and raw product in association with yard waste and similar material recycling
facilities. (See Appendix Chapter 1 Section 105.6). The permit shall be renewed on an
annual basis or shall be limited to such period of time as designated by the Chief. Permits
shall not be transferable and any change in use, location, occupancy, operation, or
ownership shall require a new permit.
Section 1908.1.4 is added as follows:
1908.1.4 Security Bond /Financial Commitment for Cost Recovery. A security bond or other
approved form of financial commitment may be required by the Chief to be posted in an
amount determined by the Chief but not less than $25,000.00, and not more than
$100,000.00, depending on the size of the operation. The security bond or financial
commitment shall reimburse the fire department for expenses incurred in any emergency
response and /or enforcement action by the fire department to protect the public from fire
or hazardous substances related to the operation. The security bond /financial commitment
shall be returned to the operator in a timely fashion upon satisfactory closure of the
operation as determined by the Chief.
Section 1908.3 is modified to read as follows:
1908.3 Size of Piles. Pile height, width, and length shall be limited to criteria approved by
the Chief, based in part on the site material handling equipment. In no case shall the piles
exceed 12 feet in height, 100 feet in width, and 200 feet in length.
Section 1908.4 is modified to read as follows:
1908.4 Pile Separation. A fire access roadway shall be provided to the site and on -site as
approved by the Chief. It shall have a minimum width based upon site material handling
equipment and an approved driving surface as approved by the Chief. In no case shall the
fire access roadway be less than 20 -feet wide.
Section 1908.6 is modified to read as follows:
1908.6 Static Pile Protection. Interior pile temperatures shall be monitored and recorded
on a regular basis per the Operational Plan. Internal pile temperatures must be taken at
2/3 the pile height, 12 -to -24 inches from the surface with a probe -type thermometer.
Readings shall be made at not greater than 50 -foot intervals along the length of the pile.
Temperatures above 158 degrees F are known to adversely affect microbial
decomposition and are considered excessive. Infrared thermometers may be used to
monitor for hot spots at the surface but are not a substitute for internal probe
measurement and documentation.
ORDINANCE NO. 710
Page 22
Once windrows exceed 170 degrees F, the windrows must be reduced in size, rotated,
and monitored daily until temperatures drop below 158 degrees F. All green waste
stockpiles shall be remixed as necessary to alleviate any fire due to spontaneous
combustion or temperatures above 170 degrees F.
Windrows shall be visually inspected on a regular basis. Once fires have been detected in
any windrows at a site, a visual inspection shall be required at least once per day. Daily
inspections shall continue until the threads of fire no longer exist and the Chief approves
suspension.
All temperature and pile - handling records shall be kept on file at the site and be made
available for inspection by fire department personnel. Data shall include date, time,
temperature, specific location, and the name of the person conducting the measurement.
Section 1908.9 is modified to read as follows:
1908.9 Material Handling Equipment. Equipment used on all piles should be of a type that
minimizes compaction. All vehicles operating on or around the piles shall have a Class A
fire extinguisher with a minimum of a 2 -A rating in addition to the Class B rating
appropriate for the vehicle. Approved material - handling equipment shall be available
during fire fighting operations for moving wood chips, hogged material, compost, and raw
product produced from yard waste.
Section 1908. 10.1 is added as follows:
1908.10.1 Operational and Emergency Plans. The following operational and emergency
action plans shall be submitted to and be approved by the Chief prior to initiating
operation:
1. Operational Plan. At a minimum the Operational Plan must include:
a. Site layout, pile dimensions, fire access, water supply, and site security.
b. Site operations: temperature monitoring, rotation, and a diversion plan.
2. Emergency Plan. At a minimum the Emergency Plan must include:
a. Operator fire response actions, fire dispersal area, emergency equipment- operator
callback, and initiation of an incoming diversion plan.
b. All plans shall define the equipment necessary to process and handle the materials.
Section 1908.10.2 is added as follows:
1908.10.2 Notification of Fire. All fires shall be reported to the Fire Department
immediately upon discovery.
ORDINANCE NO. 710
Page 23
Section 1908.10.3 is added as follows:
1908.10.3 Equipment Operator Emergency Callback. The operator shall implement and
maintain a plan for rapid equipment- operator response to the site. The maximum response
time to the site shall be within one hour of a fire department notification. The following
equipment shall be on site and staffed with skilled operators: bulldozer, loaders, and heavy
duty equipment necessary to mitigate a fire. Notification procedures shall be maintained
operational 24 hours a day, seven days a week. Notification may be by pager activation,
telephone answering service, or other approved means.
Section 1908.11 is added as follows:
1908.11 Combustible Vegetation Control. The operator shall clear any combustible
material, weeds, brush, trees, or other vegetation (including mulch) that is, or could
become, dry and could be capable of transmitting fire from within 50 feet of raw green
waste and mulch piles. Clearance shall be to bare earth or approved pavement. Individual
growing trees within that distance may remain with approval of the Chief.
Section 1908.12 is added as follows:
Section 1908.12 Firefighting Water Supplies and Storage
1908.12.1 Public Water Supply. The operator shall provide and maintain approved fire
hydrants and waterline mains as required by the Chief. Water lines may be approved
above - ground lines supplied from a reliable water supply with adequate protection against
impact and fire flow reaction. Hydrant spacing shall be at 400 -foot intervals along primary
fire access roadways. Fire flow at the hydrant(s) shall be least 1,000 gallons per minute at
20 psi. Duration of the required fire flow shall be as determined by the Chief.
1908.12.2 Private Water Supply. Above - ground water storage tanks may be installed
when authorized by the Chief where public water supply is not adequate to meet fire flow
requirements. Volume and duration of the required fire flow shall be as determined by the
Chief.
Section 1908.13 is added as follows:
1908.13 Site Equipment Maintenance — General Safety Rules. Welding or cutting torch
operations shall be conducted at a minimum of 30 feet from combustible materials. A fire
watch shall be provided to detect fire and to operate fire - extinguishing equipment
throughout the welding or cutting operation and 30 minutes thereafter. Refueling and on-
site maintenance shall meet the standards set forth in California Fire Code Chapter 22 and
34 — Flammable and Combustible Liquids, and all other applicable fire code requirements.
Section 1908.14 is added as follows:
1908.14 Site Security. Pile storage areas shall be surrounded with approved fencing
Fences shall be a minimum of six feet in height.
ORDINANCE NO. 710
Page 24
Section 1908.15 is added as follows:
1908.15 Smoking and Open Burning Prohibited. The operator shall prohibit smoking and
open flame on the operational site, including smoking within vehicles. Approved signs shall
be clearly and prominently posted and shall be enforced by the site operators. No open
burning will be allowed on site.
Section 1908.16 is added as follows:
1908.16 Incoming Waste Diversion Plan. The operator shall develop a diversion plan for
incoming green waste for implementation in the event of equipment failure or other inability
to process and distribute green waste. The plan shall prevent stockpiling of waste on the
site and unauthorized depositing of waste on or near the site. The operator shall initiate
the diversion based on criteria in the Operational and Emergency Plan without further
direction from the fire department.
Section 1908.17 is added as follows:
1908.17 Unprocessable or Non -Green Waste Material. All green waste that cannot be
processed on -site, such as stumps and fibrous plants, shall be immediately removed from
the feedstock, stored in roll -off containers or bins, and be removed from the facility on a
weekly basis. All plastic bags shall be removed prior to shredding material.
15.24.110 General fire protection and life safety requirements.
Section 2306.2 is modified as follows:
Table 2306.2, Exception "j" is deleted.
15.24.120 Explosive materials storage and handling.
Section 3301.2 is added as follows:
3301.2 Explosives and Blasting Agents. The storage of explosives and blasting agents is
prohibited and is hereby established as the jurisdictional limits of the City of Poway.
15.24.130 Building /fire code.
Section 3404.2.9.6.1 is modified to read as follows:
3404.2.9.6.1 Location Where Above - Ground Storage Tanks are Prohibited. The limits
referred to in Sections 3404.2.9.6.1 and 3406.2.4.4 of the 2010 California Fire Code and
the 2009 International Fire Code in which storage of flammable or combustible liquids in
outside above - ground tanks is prohibited are hereby established as the jurisdictional limits
of the City of Poway (see exceptions at Section 3404.2.9.6.1).
Exceptions:
ORDINANCE NO. 710
Page 25
1. With the Chiefs 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 Chief
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 Chief with a maximum capacity of 550 gallons. Such tanks may be
located within a building when the Chief 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 Chiefs 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 3404 and 3406.
4. The following criteria shall be applied in areas within the South Poway Business Park,
which are designated commercial, light industrial, or industrial park. With the Chiefs
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 II liquids. The Chief may disapprove the installation of such containers
when, in the Chiefs 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 installation be permitted within 50 feet of any
building or property line which can be built upon, including the opposite side of a public
way, unless an alternative design method for such installation is approved by the Fire
Department and by any other appropriate City of Poway departments deem necessary,
ORDINANCE NO. 710
Page 26
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 pits when approved by the Chief.
Section 3405.2.4 is modified as follows:
3405.2.4 Class I, Il, and III Liquids. Exception 4 is deleted.
15.24.140 Liquefied petroleum gases.
Section 3807.5 is added as follows:
3807.5 Securing Tanks to Ground (Liquefied Petroleum Gases). Tanks shall be secured to
prevent the tank from rolling or moving when required by the FAHJ.
15.24.150 Appendix Chapter 1 — Administration.
Section 102.13 is added to Appendix Chapter 1 as follows:
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 103.2.1 of Appendix Chapter 1 is added as follows:
103.2.1. The Fire Code Official for the City of Poway shall be the following:
Wherever the term "Fire Code Official" is used in the California Fire Code, it means "Fire
Marshal." The Fire Marshal is authorized to exercise the powers and perform the duties as
set forth in this Code.
Section 104.12 of Appendix Chapter 1 is added as follows:
Section 104.12 Cost Recovery
Section 104.12.1 Purpose. 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 fire or hazardous
substances and situations.
Section 104.12.2 Reimbursement.
(a) 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.
ORDINANCE NO. 710
Page 27
(b) 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 105.1.2 of Appendix Chapter 1 is modified to read as follows:
105.1.2 Permits. Permits as required by the Chief, are obtained from the Fire Prevention
Division. An application approved by the Chief and the payment of a permit fee shall be
required for such a permit. Such permit fees shall be established by resolution of the City
Council.
Section 105.3.9 is added to Appendix Chapter 1 as follows:
105.3.9 Expense 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 fire or hazardous
substances and situations. Such expense recovery fees shall be established by a
resolution of the City Council.
Section 105.6.5.1 is added to Appendix Chapter 1 as follows:
105.6.5.1 Christmas Tree Lots. An operational permit is required to operate a Christmas
tree lot with or without flameproofing services.
Section 105.6.19.1 is added to Appendix Chapter 1 as follows:
105.6.19.1 Green Waste Recycling, Mulching, Composting Operations and Storage. A
permit is required per Section 1908.3 of Chapter 19.
Section 108 of Appendix Chapter 1 is deleted, and PMC 15.24.160 is added in its place.
15.24.160 Appeals.
Whenever the Chief 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 Chief 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.
ORDINANCE NO. 710
Page 28
Section 109.3 of Appendix Chapter 1 is modified to read as follows:
Appendix Chapter 1, Section 109.3 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 misdemeanor, as set forth in Chapter 1.08 PMC, and in the alternative, shall be subject
to civil and administrative penalties, as set forth in Chapters 1.08 and 1.10 PMC.
Section 111.4 of Appendix Chapter 1 is modified to read as follows:
111.4 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.
15.24.170 Appendix B, fire -flow requirements for buildings.
Section 8102.1 of Appendix B is modified to add a definition of "hazardous fire area" as follows:
Appendix 8102.1 Hazardous Fire Area. Any geographic area mapped by the state or local
jurisdiction as a high, very high fire hazard area, or as set forth by the FAHJ that contains
the type and condition of vegetation, topography, weather, and structure density to
potentially increase the possibility of vegetation conflagration fires shall be considered a
hazardous fire area.
Section 8103.3 of Appendix B is modified to read as follows:
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
Appendix B of this Code or the standard published by the Insurance Services Office
document entitled Guide for Determination of Required Fire Flow.
Section 8106 of Appendix B is modified as follows:
8106 Referenced Standards. The references to ICC IWUIC -06 and NFPA 1142 -01; and to
the Fire Code portion of the California Building Standards Code in Section 8106 of
Appendix B, are hereby deleted.
15.24.180 Geographic limits.
The geographic limits referred to in certain sections of the 2010 California Fire Code are hereby
modified as follows:
ORDINANCE NO. 710
Page 29
Section 3204.3.1.1.3 is modified to read as follows:
3204.3.1.1.3 Outdoor Storage — Location. 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.
Section 3406.2.4.4 is modified to read as follows:
3406.2.4.4 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 3804.2 is modified to read as follows:
3804.2 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.
15.24.190 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 2: Chapter 9.12 is hereby amended to read: FIREARMS, FIREWORKS, AND
EXPLOSIVES
9.12.040 Permits.
The Director of Safety Services may issue written permits to fire firearms or explode explosives
upon such terms and under such conditions as he or she deems proper. The terms and conditions
imposed by the Director shall be set forth on the face of any permit issued under this section.
SECTION 3: Upon passage, the City Clerk shall transmit a copy of this Ordinance to the
California Building Standards Commission pursuant to Health & Safety Code section 17958.7, and
the California Department of Housing and Community Development,
SECTION 4: This Ordinance shall be codified.
Q
ORDINANCE NO. 710
Page 30
EFFECTIVE DATE: This Ordinance shall take effect and be in force on January 7, 2011; and
before the expiration of fifteen (15) days after its passage, it shall be published once with the
names of members voting for and against the same in the Poway News Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a Regular Meeting of the City Council of the City of Poway held
the 16th day of November 2010, and thereafter PASSED AND ADOPTED at a regular meeting of
said City Council held the 7th day of December 2010.
Q-1 —
Don Higginson, Mayor
ATTEST:
ind . T-r, yan, MMC, City Clerk
ORDINANCE NO. 710
Page 31
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the foregoing
Ordinance No. 710, was duly adopted by the City Council at a meeting of said City Council held
on the 7th day of December 2010, and that it was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSTAIN: NONE
DISQUALIFIED: NONE
in A. Troyan, MMC, City Clerk
Ci of Poway