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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 ORDINANCE NO. 710 Page 2 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. ORDINANCE NO. 710 Page 3 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. ORDINANCE NO. 710 Page 4 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). ORDINANCE NO. 710 Page 5 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. ORDINANCE NO. 710 Page 6 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 I Kill 4 /_\.7:1I►It] 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) ORDINANCE NO. 710 Page 7 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 ORDINANCE NO. 710 Page 8 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. ORDINANCE NO. 710 Page 9 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. ORDINANCE NO. 710 Page 10 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. ORDINANCE NO. 710 Page 11 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. ORDINANCE NO. 710 Page 12 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. ORDINANCE NO. 710 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. ORDINANCE NO. 710 Page 14 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. ORDINANCE NO. 710 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