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Ord 757ORDINANCE NO. 757 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, REPEALING CHAPTER 15.05 OF THE POWAY MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.05 REGARDING THE POWAY WILDLAND -URBAN INTERFACE CODE, WHICH ADOPTS BY REFERENCE THE INTERNATIONAL WILDLAND -URBAN INTERFACE CODE, 2012 EDITION, WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS WHEREAS, Chapter 15.05 of the Poway Municipal Code is the Poway Wildland- Urban Interface Code, which adopts by reference the 2009 version of the International Wildland -Urban Interface Code; and WHEREAS, there is a need to amend Chapter 15.05 because the International Code Council has adopted a 2012 version of the International Wildland -Urban Interface Code; and WHEREAS, Sections 50022.1 through 50022.10, inclusive, of the California Government Code provide authority for cities to adopt codes, or portions of codes, by reference; and WHEREAS, Health & Safety Code Section 17958.5 permits the City of Poway to make such changes or modifications to codes and regulations upon an express finding that such changes or modifications are necessary due to local 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 2012 International Wildland -Urban Interface Code are reasonably necessary because of the local climatic, geological, and topographical conditions identified in Attachment A; and WHEREAS, certain amendments to the 2012 International Wildland -Urban Interface Code are necessary to mitigate said deleterious effects to the extent possible; and WHEREAS, the City Council finds that the amendments are exempt from the provisions of the California Environmental Quality Act ( "CEQA "), under California Code of Regulations, Title 14, pursuant to Section 15061(b) of the 2013 CEQA Guidelines, where it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Ordinance No. 757 Page 2 SECTION 1: Poway Municipal Code Chapter 15.05 is hereby repealed, and a new Chapter 15.05 is added in its place as follows: 15.05.010 Adoption of Wildland -Urban Interface Code. The City of Poway adopts by reference the 2012 Edition of the Internatio al Wildland- Urban Interface Code, as published by the International Code Council, as the Wildland- Urban Interface Code of the City of Poway, except those portions that, are added, 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, with the deletions, modifications, and amendments set forth in this chapter. From the effective date of the ordinance codified in this chapter, its provisions shall be controlling within the limits of the City of Poway. 15.05.020 Administration. Section 101.1 is modified to read: 101.1 Title. These regulations shall be known as the Wildland -Urban Interface Code of City of Poway, hereinafter referred to as "this Code." Section 101.5 is modified to read: 101.5 Additions or Alterations. Additions or alterations may be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this Code, provided the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this Code that specifically apply to existing conditions are retroactive. See Sections 402.3 and 601.1. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this Code, nor, shall such additions or alterations cause the existing building or structure to become unsafe. Additions or alterations of an existing building or structure constitute unsafe conditions in the following circumstances: (1) Where the addition oar alteration causes the building or structure to become structurally unsafe or overloaded; (2) Where the addition or alteration causes the building or structure to have inadequate access, as required by this Code, or causes the obstruction of existing exits or access; (3) Where the addition or alteration creates a fire hazard or reduces required fire resistance; or (4) Where an addition or alteration otherwise creates conditions dangerous to human life. When additions are made to an existing structure and the addition is within the 100 - foot defensible space, such addition shall be in accordance with setback distances as set forth in this Code, including Sections 504.1.2, 504.1.4, 505.1.2, and 505.1.3. Ordinance No. 757 Page 3 Section 101.7 is added to read: 101.7 Guidance Documents. The Planning Authority Having Jurisdiction (PAHJ) may prepare, circulate for public comment, disseminate, and maintain guidance documents addressing the methods of ignition- resistant construction described in this Code. These guidance documents may set out additional compliance alternatives that, in specified circumstances, can provide the same protection that is afforded by the methods required by this Code. These guidance documents may also identify practices that have been determined by the PAHJ and the Fire Authority Having Jurisdiction (FAHJ) to be equivalent, and they may include additional new fire - resistive technologies as they become available. 15.05.030 Appeals. Section 106 is modified to read: 106 Appeals. Section 106 is deleted in its entirety. Appeals shall be governed by Section 15.24.160 of the locally adopted Fire Code. 15.05.040 Permits. Section 107 is modified to read: Section 107 is deleted in its entirety. Permits shall be governed by Section 15.24.160 of the locally adopted Fire Code. 15.05.050 Plans and specifications — Maps. Section 108.4 is hereby modified to read: 108.4 Vegetation Management Plans. When utilized by the permit applicant pursuant to Section 502, vegetation management plans shall be prepared and shall be submitted to the Code official for review and approval as part of the plans required for a permit. Section 108.7.1 is added to read: 108.7.1 Accuracy. While it is important for the information on the vicinity plan to be accurate, it shall not require the precision of a formal land survey. 15.05.060 Definitions. The definition of "Building Official" in Section 202 is modified to read: Building Official. The officer or other designated authority charged with the administration and enforcement of the locally adopted California Building Code or the building official's duly authorized representative. Ordinance No. 757 Page 4 A definition of "Combustible Vegetation" is added to Section 202 to read: Combustible Vegetation. Material that in its natural state will readily ignite, burn, and transmit fire from native or landscape plants to any structure or other vegetation. Combustible vegetation includes dry grass, brush, weeds, litter or other flammable vegetation that creates a fire hazard. A definition of "Discretionary Project" is added to Section 202 to read: Discretionary Project. A project which requires the public agency to exercise judgment or deliberation when deciding to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. A definition of "Fire Authority Having Jurisdiction (FAHJ)" is added to Section 202 to read: Fire Authority Having Jurisdiction (FAHJ). The designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services. A definition of "Fire Code" is added to Section 202 to read: Fire Code. The California Fire Code, as locally adopted with amendments. The definition of "Fire Code Official" is added to Section 202 to read: Fire Code Official. Fire Code Official shall have the same definition as set forth in the locally adopted Fire Code. A definition for "Fuel Modification Zone" is added to Section 202 to read: Fuel Modification Zone. A strip of land where combustible vegetation has been modified and partially or totally replaced with approved drought - tolerant, fire - resistant, and /or irrigated plants to provide an acceptable level of risk from vegetation fires. Fuel modification reduces radiant and convective heat, thereby reducing the amount of heat exposure on the roadway or structure and providing fire suppression forces with a safer area in which to take action. A definition for "Hazardous Fire Area" is added to Section 202 to read: Hazardous Fire Area. Any geographic area mapped by the state or local jurisdiction as a 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. Ordinance No. 757 Page 5 The definition for "Hazardous Materials" in Section 202 is modified to read as follows: Hazardous Materials. Hazardous Materials shall have the same meaning as set forth in Section 202 of the locally adopted Fire Code. The definition of "Ignition- Resistant Construction Class 3" in Section 202 is hereby deleted. A definition for "Ignition Source" is added to Section 202 to read: Ignition Source. Any item or substance capable of energy release of a type and magnitude sufficient to ignite any flammable materials that could occur inside or outside of a structure. Examples of ignition source include storage or use of flammable gases and flammable liquids, permanent or temporary electrical wiring, and open -flame devices. A definition of "Roof Covering" is added to Section 202 to read: Roof Covering. Roofs shall comply with the California Building Code and have at a minimum a Class A roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. Exception: On qualified historical buildings, wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. A definition for "Off -Site Roadway" is added to Section 202 to read: Off -Site Roadway. A road, street, public highway, or private road used for fire apparatus access from a publicly maintained road to the boundary of the subject property. A definition for "On -Site Roadway" is added to Section 202 to read: On -Site Roadway. A road, street, public highway, private road, or driveway used for fire apparatus access within the boundaries of the subject property or land division. A definition for "Planning Authority Having Jurisdiction (PAHJ)" is added to Section 202 to read: Planning Authority Having Jurisdiction (PAHJ). The identified authority regulating and enforcing planning and /or construction standards. A definition for "Vegetation Conflagration" is added to Section 202 to read: Vegetation Conflagration. An uncontrolled fire spreading through vegetative fuels, and exposing and consuming structures in the advancing path of fire. Ordinance No. 757 Page 6 A definition for "Wildland Fuel" is added to Section 202 to read: Wildland Fuel. Any timber, brush, grass, or other flammable vegetation, living or dead, standing or down, that is not classified as fire - resistive. 15.05.070 Wildland -urban interface areas. Section 302.1 is modified to read: 302.1 Declaration. The legislative body shall declare the wildland -urban interface areas within the jurisdiction. The wildland -urban interface areas shall be based on findings of fact. The wildland -urban interface area boundary shall be any geographic area mapped or otherwise identified by the state or local jurisdiction as a very high fire hazard area, or as set forth by the FAHJ. When the type and condition of vegetation, topography, weather, and structure density which potentially increases the probability of vegetation conflagration exists, such area shall be considered a hazardous fire area. 15.05.080 Applicability. Section 402.1 is modified to read: 402.1. Subdivisions. New subdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads in accordance with the locally adopted Fire Code and access requirements in accordance with Section 403. Section 402. 1.1 is modified to read: 402.1.1 Access. New subdivisions, as determined by this jurisdiction, shall be provided with fire apparatus access roads in accordance with the locally adopted Fire Code and access requirements in accordance with Section 403. Section 402.2.1 is modified to read: 402.2.1 Access. Individual structures hereafter constructed or relocated into or within Wildland -Urban Interface Areas shall be provided with fire apparatus access, in accordance with the locally adopted Fire Code, and driveways in accordance with Section 403.2. Marking of fire protection equipment shall be provided in accordance with Section 403.5 and address markers shall be provided in accordance with Section 403.6. Section 402.2.2 is modified to read: 402.2.2 Water Supply. Individual structures hereafter constructed or relocated into or within Wildland -Urban Interface Areas shall be provided with a conforming water supply in accordance with the locally adopted Fire Code. Ordinance No. 757 Page 7 Exception: Structures constructed to meet the requirements for the class of ignition - resistant construction specified in Table 503.1 for a nonconforming water supply. 15.05.090 Access. Section 403.2 is modified to read: Section 403.2. Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building, measured in an approved manner, is located more than 150 feet from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 16 feet and a minimum unobstructed height of 13 feet 6 inches. Driveways in excess of 150 feet in length shall be provided with turnarounds. Driveways in excess of 200 feet in length and less than 24 feet in width, shall be provided with turnouts in addition to turnarounds. A driveway shall not serve more than two improved parcels containing dwelling units. Driveway turnarounds shall have an inside turning radius of not less than 28 feet and an outside turning radius of not less than 45 feet. Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction required to make the turnaround meet the radii requirements for driveway turnarounds. Driveway turnouts shall be an all- weather road surface at least 10 -feet wide and 30 -feet long. The turnout requirement can be .waived or modified for existing driveways that comply with the minimum width requirement listed in this section if in the opinion of the Fire Chief such turnouts will require substantial, roadway modification, additional access easements, and /or alteration to such driveway. Driveway turnouts shall be located as required by the Fire Code Official. Vehicle load limits shall be posted at both entrances to bridges and on driveways and private roads containing bridges. Design loads for bridges shall be established by the code official. Section 403.3 is modified to read: 403.3. Fire Apparatus Access Road. Fire apparatus access road shall comply with the locally adopted Fire Code. 15.05.100 Water supply. Section 404.5 is modified to read: 404.5 Adequate Water Supply. In Hazardous Fire Areas as defined in the locally adopted Fire Code, the water main capacity for new subdivisions shall not be less than eight inches in diameter unless otherwise approved by the Chief and the City Engineer. Fire hydrant flow shall exceed a minimum of 1,500 gallons per minute with a minimum residual flow pressure of 20psi. The water flow velocity is not to exceed 15 feet per second and be capable of providing uninterruptible flow capability. For occupied structures outside of the City of Poway water service area, adequate water Ordinance No. 757 Page 8 supply shall be determined for purposes of initial attack and flame front shall be provided as defined in Table 508.2.2 of the California Fire Code as amended by the City of Poway. Section 404.6 is hereby deleted. 15.05.110 Fire protection plan. Section 405.1 is modified to read: 405.1 General. When required by the Fire Code Official, a fire protection plan, or its equivalent, shall be prepared. Section 405.2 is modified to read: 405.2 Content of Wildland Fire Protection Plan. The Wildland Fire Protection Plan may be based upon a community, site specific wildfire risk assessment that is developed in consultation with local and state government representatives, federal agencies, and other interested parties. The plan shall consider location, topography, geology, aspect, combustible vegetation (fuel types), climatic conditions, and fire history. The plan shall address water supply, access, structural ignitability, structure setback and ignition resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space, and vegetation management. The plan shall identify and prioritize areas for hazardous fuel reduction treatments and recommend the types and methods of treatment that will protect one or more at -risk communities and essential infrastructures. The plan shall recommend measures that homeowners and communities shall take to reduce the ignitability of structures throughout the area addressed by the plan. 15.05.120 Fire hazard severity. Section 502.2 is modified to read: 502.2 Fire Hazard Severity Reduction. The fire hazard severity identified in Table 502.1 may be reduced by implementing an approved vegetation management plan. Ordinance No. 757 Page 9 TABLE 502.1 FIRE HAZARD SEVERITY CRITICAL FIRE WEATHER FREQUENCY >_ 8 days' FUEL MODELb Slope ( %) <_ 40 41 — >_ 61 60 Light fuel M M H Medium fuel E E E Heavy fuel IE IE I E a. Days per annum. b. When required by the code official, fuel classification shall be based on the historical fuel type for the area. E = Extreme hazard H = High hazard M = Moderate hazard 15.05.130 Ignition - resistant construction. Section 503.1 is modified to read: 503.1 General. Buildings and structures hereafter constructed, modified, or relocated into or within Wildland -Urban Interface Areas shall meet the construction requirements in accordance with Table 503.1. Class 1 and Class 2 ignition- resistant construction shall be in accordance with Sections 504 and 505, respectively. Ordinance No. 757 Page 10 TABLE 503.1 IGNITION - RESISTANT CONSTRUCTION FIRE HAZARD SEVERITY DEFENSIBLE Moderate Hazard High Hazard Extreme Hazard SPACEc Water Supplyb Water Supplyb Water Supplyb Conformingd Nonconforming' Conformingd Nonconforminge Conformingd Nonconforminge Nonconforming IR 2 IR 1 IR 1 IR 1 IR 1 Not Permitted N.C. N.C. Conforming IR 2 IR 2 IR 2 IR 1 IR 1 IR 1 N.C. 1.5 x Not IR 2 IR 2 IR 2 IR 2 IR 1 Conforming lRequired a. Access shall be in accordance with Section 402. b. Subdivisions shall have a conforming water supply in accordance with Section 402.1. IR 1 = Ignition- resistant construction in accordance with Section 504. IR 2 = Ignition- resistant construction in accordance with Section 505. N.C. = Exterior walls shall have a fire - resistance rating of not less than 1 hour, and the exterior surfaces of such walls shall be noncombustible. Usage of log wall construction is allowed. c. Conformance based on Section 603. d. Conformance based on Section 404. e. A nonconformance water supply is any water system or source that does not comply with Section 404, including situations where there is no water supply for structure protection or fire suppression. 15.05.140 Class 1 ignition- resistant construction. Section 504. 1.1 is added to read: 504.1.1 Zoning Requirements. The minimum setbacks for locating structures on a lot are set by the PAHJ. To minimize fire spread potential the FAHJ may require additional setbacks as described. In no case may the setbacks required by the FAHJ be less than those established by the PAHJ. Ordinance No. 757 Page 11 Section 504.1.2 is added to read: 504.1.2 Fire Requirements. In those jurisdictions where a FAHJ approves a fuel modification zone of less than 100 feet, all structures, including any part of a structure located within the Wildland -Urban Interface Area, shall not be less than 30 feet measured perpendicular from the subject property line adjacent to wildland fuel. When the property line abuts a public way, the setback is measured to the farthest roadway edge of the public way or street. Exception: When allowed by both the FAHJ and by the PAHJ zoning requirements and the wildland fire hazard is determined to be minimal, the 30 -foot setback may be reduced to a minimum of five feet from a property line provided the entire exterior wall, eave, overhang, or any other building construction elements shall comply with the enhanced Class 1 ignition- resistant construction standards. Note: The FAHJ may allow openings in the exterior wall facing the Wildland -Urban Interface Area if it is determined the hazard is minimal. Section 504.1.3 is added to read: 504.1.3 Future setback modification. All fuel modification zones shall not extend beyond the property line. Exception: The FAHJ may approve fuel modification zones that extend beyond the property lines when a legal agreement, such as an easement running with the land, is in place. Section 504.1.4 is added to read: 504.1.4 Structure Setback from Top of Slope. A structure shall be set back a minimum of 1.25 -feet horizontally from the top of slope for every 1 -foot in building height as measured from the farthest projection of a roof. No portion of the structure may be higher than the plane created by the 80- percent setback from top of slope. Exceptions: Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope. 2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and, the slope is directly adjacent to developed parcels with fuel management principles in place. 3. The Fire Code Official determines the hazard to be minimal. Ordinance No. 757 Page 12 Section 504.1.5 is added to read: 504.1.5 Mitigation. In jurisdictions where a PAHJ or FAHJ approves a fuel modification zone of less than 100 feet, Class 1 ignition- resistant construction shall be provided and /or additional mitigation as determined by the FAHJ. Section 504.2 is modified to read: Roof Covering. Roofs shall have a Class A roof assembly. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers, or have one layer of 72 -pound (32.4kg) mineral - surfaced, nonperforated cap sheet complying with ASTM D 3909 installed over the combustible decking. Exception: On qualified historical buildings, wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. Section 504.2.2 is added to read: 504.2.2 Insulation. In the Wildland -Urban Interface Area, paper -faced insulation shall be prohibited in attics or ventilated spaces. Section 504.3.1 is added to read: Exception: Eave construction on additions may match the existing structure provided that the addition does not exceed 50 percent of the existing structure or 2,500 square feet, whichever is less. Section 504.5 is modified to read: 504.5 Exterior Walls. Exterior walls of buildings or structures located in the Wildland- Urban Interface Area shall comply with the provisions of Section 707A.3 of the California Building Code. Wood shingle and shake wall covering shall be prohibited. Exception: Livestock stables less than 2,000 square feet total floor area and without restrooms are exempt from the noncombustible wall requirement if constructed a minimum of 100 feet from the property line, from any open space easement, and from any dwelling on the parcel. If a dwelling, or addition to a dwelling is subsequently proposed to be constructed closer than 100 feet from a stable constructed under this exemption, the stable must be retrofitted with noncombustible exterior wall coverings or be removed. Section 504.5.1 is added to read: 504.5.1 Repair /Replacement. If 50 percent or more of an exterior wall located less than 30 feet from a property line requires repair or replacement, the entire wall shall conform to this section. If less than 50 percent of the wall requires repair or replacement, the existing wall may be repaired or replaced in kind; however, if the Ordinance No. 757 Page 13 wall covering is wood shingle or shake, it must be repaired or replaced with fire - retardant, pressure- treated wood shingles or shake labeled for exterior use and shall meet the requirements of Section 703A.5.2 of the California Building Code. Sections 504.7.2 through 504.7.6 are added to read: 504.7.2 Fences and Other Attachments to Structures. The first ten feet of fence and other items attached to a structure shall be constructed of noncombustible material, or pressure- treated exterior fire - retardant wood or meet the same fire - resistive standards as the exterior walls of the structure. Exception: Wooden gates are permitted provided that a five -foot minimum length section of noncombustible fencing material is installed as a firebreak immediately adjacent to the gate. 504.7.3 Structural Supports and Framing Members. Structural supports and framing members shall be of noncombustible construction; exterior fire - retardant - treated wood; modified, heavy- timber construction; or one -hour, fire - resistive construction. Exception: Structural supports and framing may be constructed of non - fire -rated lumber when decks, balconies, and similar projections are skirted from floor level to ground level with noncombustible material or an approved alternate. The skirted under -deck area must be vented in conformance with Section 504.10. 504.7.4 Decking Surfaces. Decking surfaces, stair treads, risers, and landings of decks, porches, and balconies shall be constructed in compliance with California Building Code 709A. 504.7.5 Deck Remodels or Repair. When remodels or repairs are made to decks in areas of the Wildland -Urban Interface Area requiring Enhanced Class 1 ignition - resistant construction and the deck remodel or repair exceeds 50 percent of the projected area or 1,000 square feet, whichever is less, the entire deck shall comply with Section 709A of the California Building Code. For the purpose of this exception, deck remodel or repair projects must be separated by at least 12 months to be considered separate projects. 504.7.6 Coatings. The use of paints, coatings, stains, or other surface treatments is not an approved method of protection, as required in this Chapter. Section 504.8 is modified to read: 504.8 Exterior Windows and Glazing. Glass or other transparent, translucent, or opaque glazing shall be of tempered glass, multi - layered glass panels (dual glazed), or glass block, and have a fire - protection rating of not less than 20 minutes, or other assemblies approved by the FAHJ. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to ANSI /AAMA/NWWDA 101/I.S.2 -97 structural requirements. Ordinance No. 757 Page 14 Section 504.8.1 is added to read: 504.8.1 Skylights. Skylights shall be made of tempered glass. Exception: Skylights in commercial buildings are not required to be tempered if the entire building is protected by an approved fire sprinkler system. Section 504.10.2 is added to read: Exception: Attic vents in soffits may be permitted by the FAHJ on those areas of the building that do not face the wildland fuels, when the FAHJ determines it is not a hazard. 15.05.150 Class 2 ignition - resistant construction. Section 505. 1.1 is added to read: 505.1.1 Zoning Requirements. The minimum setbacks for locating structures on a lot are set by the PAHJ. To minimize fire spread potential, the FAHJ may require additional setbacks as described in Section 505.1.4. In no case may the setbacks required by the FAHJ be less than those established by the PAHJ. Sections 505.1.2 through 505.1.5 are added to read: 505.1.2 Fire Requirements. In those jurisdictions where a FAHJ approves a fuel modification zone of less than 100 feet, all structures, including any part of a structure located within the Wildland -Urban Interface Area, shall not be less than 30 feet measured perpendicular from the subject property line adjacent to wildland fuel. When the property line abuts a public way, the setback is measured to the farthest roadway edge of the public way or street. Exception: When allowed by both the FAHJ and by the PAHJ zoning requirements and the wildland fire hazard is determined to be minimal, the 30 foot setback may be reduced to a minimum of five feet from a property line provided that the entire exterior wall, eave, overhang, or any other building construction elements shall comply with enhanced Class 1 ignition resistant construction standards. Note: The FAHJ may allow openings in the exterior wall facing the Wildland -Urban Interface Area if it is determined the hazard is minimal. 505.1.3 Future Setback Modification. All fuel modification zones shall not extend beyond the property line. Exception: The FAHJ may approve a fuel modification zone that extends beyond the property lines when a legal agreement, such as an easement running with the land, is in place and appropriately recorded. Ordinance No. 757 Page 15 Section 505.1.4 is added to read: 505.1.4 Structure Setback from Top of Slope. A structure shall be set back a minimum of 1.25 -feet horizontally from the top of slope for every 1 -foot in building height as measured from the farthest projection of a roof. No portion of the structure may be higher than the plane created by the 80- percent setback from top of slope. Exceptions: Structures constructed with a noncombustible exterior wall adjacent to the slope, no openings adjacent to the slope, no combustible attachments to the exterior wall adjacent to the slope, and no roof eaves adjacent to the slope. 2. There exists no open wildland fuel area directly adjacent or juxtaposed to the structure, and, the slope is directly adjacent to developed parcels with fuel management principles in place. 3. The Fire Code Official determines the hazard to be minimal. 505.1.5 Mitigation. In jurisdictions where a PAHJ or FAHJ approves a fuel modification zone of less than 100 feet, Class 1 ignition- resistant construction shall be provided and /or additional mitigation as determined by the FAHJ. Section 505.2 is modified to read: 505.2 Roof Covering. Roofs shall have a minimum of a Class A roof covering. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire - stopped to preclude entry of flames or embers, or have one layer of 72 -pound (32.4kg) mineral- surfaced, nonperforated cap sheet complying with ASTM D 3909 installed over the combustible decking. Exception: On qualified historical buildings, a wood roof covering may be repaired or reconstructed as allowed by the State Historical Building Code. Section 505.2.2 is added to read: 505.2.2 Insulation. In the Wildland -Urban Interface Area, paper -faced insulation shall be prohibited in attics or ventilated spaces. Section 505.3.1 is added to read: Exception: Eave construction on additions may match the existing structure, provided that the addition does not exceed 50 percent of the existing structure or 2,500 square feet, whichever is less. Ordinance No. 757 Page 16 Section 505.5 is modified to read: 505.5 Exterior Walls. Exterior walls of buildings or structures located in the Wildland- Urban Interface Area shall comply with the provisions of Section 707A.3 of the California Building Code. Wood shingle and shake wall covering shall be prohibited. Exception: Livestock stables with less than 2,000 square feet of total floor area and without restrooms are exempt from the noncombustible wall requirement if constructed a minimum of 100 feet from the property line from any open space easement, and from any dwelling on the parcel. If a dwelling or addition to a dwelling is subsequently proposed to be constructed closer than 100 feet from a stable constructed under this exemption, the stable must be retrofitted with noncombustible exterior wall coverings or be removed. Section 505.5.1 is added to read: 505.5.1 Repair /Replacement. If 50 percent or more of an exterior wall located less than 30 feet from a property line requires repair or replacement, the entire wall shall conform to this section. If less than 50 percent of the wall requires repair or replacement, the existing wall may be repaired or replaced in kind; however, if the wall covering is wood shingle or shake, it must be repaired or replaced with fire - retardant, pressure- treated wood shingles or shake labeled for exterior use and shall meet the requirements of Section 703A.5 of the California Building Code. Sections 505.7.2 through 505.7.3 are added to read: 505.7.2 Fences and Other Attachments to Structures. The first five feet of fence and other items attached to a structure shall be constructed of noncombustible material, or pressure- treated exterior fire - retardant wood, or meet the same fire - resistive standards as the exterior walls of the structure. Exception: Wooden gates are permitted, provided that a five -foot minimum length section of noncombustible fencing material is installed as a firebreak immediately adjacent to the gate. 505.7.3 Coatings. The use of paints, coatings, stains, or other surface treatments is not an approved method of protection as required in this chapter. Section 505.8 is modified to read: 505.8 Exterior Windows and Glazing. Glass or other transparent, translucent, or opaque glazing shall be of tempered glass, multi - layered glass panels (dual glazed), or glass block, and have a fire - protection rating of not less than 20 minutes, or other assemblies approved by the FAHJ. Glazing frames made of vinyl materials shall have welded corners, metal reinforcement in the interlock area, and be certified to ANSI /AAMA/NWWDA 101/I.S.2 -97 structural requirements. Ordinance No. 757 Page 17 Section 505.9 is modified to read: 505.9 Exterior Doors. All exterior doors facing the Wildland -Urban Interface Area shall be of approved noncombustible construction or ignition- resistant, solid core wood not less than 1 3/4- inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall comply with Section 505.8. Section 505.10.1 is added to read: Exception: Attic vents in soffits may be permitted by the FAHJ on those areas of the building that do not face the wildland fuels, when the FAHJ determines it.is not a hazard. Section 505.10.2 is added to read: 505.10.2 Venting on Roofs and Vertical Walls. Roof vents, .dormer vents, gable vents, soffit vents, foundation ventilation openings, ventilation openings in vertical walls, or other similar ventilation openings are accepted for use when they comply with the Office of the State Fire Marshal's CBC Ch7A Compliance Policy(s). 15.05.160 Class 3 ignition - resistant construction. Section 506 is hereby deleted in its entirety. 15.05.170 Replacement or repair of roof coverings. Section 507.1 is modified to read: 507.1 General. When re- roofing or repairs are made, the entire roof shall consist of fire -rated roof coverings in conformance with Section 503 and Poway Municipal Code Section 15.04.050. Section 507. 1.1 is added to read: 507.1.1 Roof Coverings — Historical Buildings. On qualified, historical buildings, wood roof coverings may be repaired or reconstructed as allowed by the State Historical Building Code. 15.05.180 Defensible space. Section 603.2 is modified to read: 603.2 Fuel Modification. For individual building or structures on a property, in order to qualify as a conforming defensible space for the purpose of Table 503.1, the fuel modification zone shall be achieved by removing or modifying combustible vegetation and other flammable materials from areas within 100 feet from such buildings or structures. The distances specified in Table 603.2 shall be measured on Ordinance No. 757 Page 18 a horizontal plane, in plain view, from the perimeter or projection of the building or structure as shown in Figure 603.2. The Code official, because of a site - specific analysis based on local conditions and the fire protection plan, may increase distances specified in Table 603.2. The fuel management plan shall conform to the standards and guidelines in Section 6 of the Poway Landscape and Irrigation Design Manual, as adopted by City Council Resolution No. P- 10 -04, titled Fuel Management in Very High Fire Hazard Areas. Section 603.2.4 is added to read: 603.2.4 Fuel Modification of Brush or Vegetative Growth from Roadways. (a) Fuel Modification at Existing Off -Site Roadways. The Fire Chief and /or his or her designee are authorized to cause the area within 20 feet on each side of the improved width portions of highways and private streets or roads which are improved, designed, or ordinarily used for vehicular traffic to be thinned and reduced of flammable vegetation and other combustible growth shall comply with the requirements of a fuel modification zone. The Fire Chief or his or her designee is authorized to enter upon private property to insure the fuel modification zone requirements are met. Exception: Single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers provided that they do not form a means of readily transmitting fire. (b) Fuel Modification for New Off -Site Roadways when Constructed and New On- Site Roadways. The area 30 feet on each side of the improved width of highways, private roads, streets, and driveways shall comply with requirements of a fuel modification zone. Exceptions: 1. Upon approval by the Fire Department, the roadway fuel modification zones may be reduced provided that the reduction of the zones does not impair access. 2. Single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers provided that they do not form a means of readily transmitting fire. (c) All roadways shall have a minimum of 13 feet 6 inches of vertical clearance free of vegetation. Ordinance No. 757 Page 19 TABLE 603.2 REQUIRED DEFENSIBLE SPACE URBAN- WILDLAND INTERFACE AREA* FUEL MODIFICATION DISTANCE (FEET) (1) Moderate Hazard 30 High Hazard 100 Extreme Hazard 100 * From Table 502.1 Fire Hazard Severity (1) Or as defined in a Fire Protection Plan (See Section 405) Sections 603.3 through 603.3.2 are added to read: 603.3 Community Fuel Modification. Fuel modification zones to protect new communities shall be provided when required by the Fire Code official in accordance with Section 603 to reduce the fuel loads adjacent to communities and structures within them. 603.3.1 Land Ownership. Fuel modification zone land used to protect a community shall be under the control of an association or other common ownership established in perpetuity for the benefit of the community to be protected. 603.3.2 Plans. Plans shall be approved prior to fuel modification work. Plans shall be placed on a site plan shown in plan view. An elevation plan shall also be provided to indicate the length of the fuel modification zone on the slope. Plans shall include, at a minimum, one plan showing existing vegetation, and three plans showing the location of proposed structures and setback from the top of slope to all structures. Section 603.4 is added to read: 603.4 Fuel Modification Installations. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy. Ordinance No. 757 Page 20 FIGURE 603.2 MEASUREMENTS OF FUEL MODIFICATION DISTANCE 15.05.190 Maintenance of defensible space. Section 604.3 is modified to read: 604.3 Responsibility. Persons owning, leasing, controlling, operating, or maintaining buildings or structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space shall be conducted annually or as determined by the FAHJ and may include, but is not limited to, the modification or removal of non -fire resistive or undesirable vegetation as described with the Poway Landscape and Irrigation Design Manual, Tables 6.1 and 6.2, and keeping leaves, needles, and other dead vegetative material regularly removed from roofs of buildings and structures. Section 604.4 is modified to read: 604.4 Trees. Horizontal clearance from tree crowns to structures shall be pruned to maintain a minimum of ten feet for fire resistive trees and 30 feet for non -fire resistive trees. Tree crowns within the defensible space shall be pruned to remove limbs located less than six feet above the ground surface adjacent to the trees. Portions of tree crowns that extend within ten feet of the outlet of a chimney shall be pruned to maintain a minimum horizontal clearance of ten feet. Dead wood and litter shall be regularly removed from trees. Ornamental trees shall be limited to groupings of two to three trees with canopies for each grouping separated horizontally as described in Table 604. TABLE 604 - DISTANCE BETWEEN TREE CANOPIES Distances Between Edge of Mature Tree Canopies Zone A No more than three trees per cluster; minimum distance between clusters or individual non - clustered trees is 20 feet Zone B No less than 2x the diameter of the species' mature canopy. Ordinance No. 757 Page 21 Sections 604.5 through 604.5.5 are added to read: 604.5 Landscape Requirements — Objective. Provisions of this section are intended to modify fuel load in areas adjacent to structures to create defensible space. 604.5.1 Landscape Submittals. Landscape plans are required for all residential custom homes, production tract homes, multifamily residential, and commercial buildings. Landscape plans shall be submitted and approved by the Development Services Department and the Department of Safety Services prior to the issuance of a building permit. Landscape plan submittals shall follow the submittal requirements found in the Poway Landscape and Irrigation Design Manual and shall, at a minimum, include a readable scale, the delineation of 100 -foot fuel modification zones, the existing vegetation, all irrigated areas, a plant legend with both botanical and common names, and identification of all plant material symbols. The Fire Marshal may expand or reduce the distance of the fuel modification zone based on project location, surrounding vegetation, and topography. 604.5.2 Landscaping Requirements. All plant materials used shall be from the list of suggested fire - resistive plant species identified in Table 6 -2 of the Poway Landscape and Irrigation Design Manual. The addition of plant material to the approved list will be at the discretion of the Fire Department. Landscape plans shall be in accordance with the following criteria: 1. All non -fire resistive trees, including conifers, pepper trees, eucalyptus, and acacia species shall be planted and maintained so that the drip line of the tree at maturity is a minimum of 30 feet from any combustible structure. All fire resistive tree species shall be planted and maintained at a minimum of ten feet from the drip line of the tree to any combustible structure. 2. For streetscape plantings, all non -fire resistive trees shall be planted so that the center of the tree trunk is 20 feet from edge of curb. Fire resistive trees can be planted ten feet from the edge of the curb to the center of the tree trunk. Trees selected shall be of a type that will not encroach into the roadway nor produce a closed canopy effect. 3. Limit planting of large unbroken masses, especially trees and large shrubs. Groups should be a maximum of two to three trees with mature foliage of any group separated horizontally by at least 20 feet in Zone A, and no less than two times (2x) the diameter of the species' mature canopy in Zone B. 4. If shrubs are located underneath the drip line of a tree, the lowest branch should be at least three times as high as the understory shrubs or ten feet, whichever is greater. Ordinance No. 757 Page 22 5. Existing trees can be pruned ten feet away from roof, eave, or exterior siding, depending on the physical or flammable characteristics of the tree and the building construction features. 6. All tree branches and palm fronds shall be removed within ten feet of a fireplace chimney or outdoor barbecue. 604.5.3 Orchards, Groves, or Vineyards. All orchards, groves, and vineyards shall be kept in a healthy state and maintained as described below. A ten -foot firebreak shall be cleared between the perimeter of the orchard trees or row of grape vines and native vegetation or ornamental landscaping. Orchards shall be kept clean of dead and /or downed trees. Orchards and vineyards shall be free of combustible debris including, but not limited to, dead branches and dead foliage. All dead grasses between rows of trees or vines shall be removed. 604.5.4 Eucalyptus Forests and Oak Woodlands. All forests and woodlands shall be kept in a healthy state and maintained as described below. The forest or woodlands shall be free of all dead, dying, or diseased trees (excluding tree stumps no higher than six inches above the ground). Dead, dying, or diseased trees shall include insect - infested trees and trees that are no longer living, in the last stages of growth, or infected by a pathogen of any type. If combustible vegetation is located underneath the drip line of a tree, the lowest branch shall be at least three times as high as the understory brush or grasses, or 10 feet, whichever is greater. Firewood shall be neatly stacked and shall have a minimum of 30 feet of clearance (no vegetation) around the entire firewood storage area. Debris and trimmings produced by the removal process shall be removed from the site, or if left, shall be converted into mulch by a chipping machine and evenly dispersed to a maximum depth of six inches. 604.5.5 Landscape Installation. All landscaping shall be installed prior to the final inspection for issuance of a certificate of occupancy. 15.05.200 Liquefied petroleum gas installations. Section 606.2 is modified to read: 606.2 Location of Containers. Liquefied petroleum -gas containers shall be located within the defensible space, in accordance with the locally adopted Fire Code. 15.05.210 Storage of firewood and combustible materials. Section 607.1 is modified to read: 607.1 General. Storage of Firewood and Combustible Materials. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, on decks, or under eaves, canopies, or other projections or overhangs. When required by the Code official, storage of firewood and combustible material Ordinance No. 757 Page 23 stored in the defensible space shall be located a minimum of 30 feet from structures and separated from the crown of trees by a minimum of 15 feet, measured horizontally. Firewood and combustible materials not for use on the premises shall be stored so as to not pose a hazard. 15.05.220 General requirements. Section A103 is added to Appendix Chapter 1 to read: ACCESS RESTRICTIONS A103.1 Restricted entry to public lands. The Fire Code Official is authorized to determine and publicly announce when Wildland -Urban Interface Areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland -Urban Interface Areas that have been closed to entry is prohibited, with the exception of public roadways, inhabited areas, or established trails and campsites that have not been closed during such time when the Wildland -Urban Interface Area is closed to entry. Exceptions: 1. Residents and owners of private property within wildland -urban interface areas and their invitees and guests going to or being on their lands. 2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, and members of a fire department. A103.2.1 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this code shall be placed on every closed area. A103.2.2 Trespassing. Entering and remaining within areas closed and posted is prohibited. Exception: Owners and occupiers of private or public property within closed and posted areas; their guests or invitees; authorized persons engaged in the operation and maintenance of necessary utilities such as electrical, power, gas, telephone, water and sewer; and local state and federal public officers and their authorized agents acting in the course of duty. A103.5 Tampering with Locks, Barricades, Signs and Address Markers. Locks, barricades, seals, cables, signs, and address markers installed within Wildland -Urban Interface Areas by or under the control of the Fire Code Official shall not be tampered with, mutilated, destroyed. or removed. A103.5.1 Gates, Doors, Barriers and Locks. Gates, doors, barriers, and locks installed by or under the control of the Fire Code Official shall not be unlocked. Ordinance No. 757 Page 24 Section A109 is modified to read: SECTION A109 REFERENCED STANDARDS CBC -2013 California Building Code A107.5 CFC -2013 California Fire Code A104.6, A105.1, A107.5 INFPA 70 -11 National Electrical Code A107.5 15.05.230 Appendices. Appendices "B," "C," "E," "F," and "H" are hereby deleted. 15.05.240 Conflict. All other ordinances or parts of ordinances in conflict with this chapter are hereby repealed. Wherever a conflict exists in this chapter, the more restrictive requirement shall apply. SECTION 2: 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 3: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; 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. CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Ordinance No. 757 Page 25 Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 3rd day of December, 2013, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 7th day of January, 2014. Don Higginson, Mayor 6111-1� ATTEST: SSh'e"ila R. Cobian, CIVIC, City Clerk STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify that the foregoing Ordinance No. 757, was duly adopted by the City Council at a regular meeting of said City Council held on the 7th day of January, 2014, and that it was so adopted by the following vote: AYES: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE A" � &A&= Sheila R. Cobian, CIVIC, City Clerk City of Poway Ordinance 757 Page 26 Findings Supporting the City of Poway Amendments to the International Code Council (ICC) Wildland Urban Interface (WUI) Code, 2012 Edition: As required by Health and Safety Code Section 17958, the Poway City Council does herewith make express findings that amendments to the ICC WUI Code are necessary for the protection of the public health, safety, and welfare due to certain climatic, topographic, or geological features existing in the County of San Diego. Findings for the City of Poway amendments to the ICC WUI CODE, 2012 Edition. FINDING 1 The City of Poway is situated on the slopes and at the base of the coastal mountains with drainage from the eastern portion of the City of Poway, including the San Dieguito River and Rancho Penasquitos Creek, which, when flooded, could result in conditions rendering vehicular access unduly burdensome or impossible for the Fire Department. Further, the flood conditions described above carry the potential for overcoming the ability of the Fire Department to aid or assist in fire control, evacuations, rescues, and the emergency tasks and demands inherent in such situations. The potential for the aforementioned flooding conditions to result in limiting Fire Department emergency vehicular traffic, with resulting overtaxing Fire Department personnel, may further cause a substantial or total lack of protection against fire for the buildings and structures located within the jurisdiction. FINDING 2 The City of Poway is situated near several known major faults, each capable of generating earthquakes of significant magnitude. These include the Rose Canyon fault the Newport- Inglewood fault, the Coronado Banks fault, and the Silver Strand fault, (located generally west of the City of Poway), and the Elsinore fault and Agua Caliente fault (located east of the City of Poway). These faults are subject to activity at any time, and the City of Poway is particularly vulnerable to devastation should such an earthquake occur. The potential effects of earthquake activity include, isolating the City of Poway from the surrounding area, restricting or eliminating internal circulation due to the potential for the collapse of highway overpasses and underpasses along with other bridges in the City, or an earth slide and the potential for vertical movement rendering surface travel unduly burdensome or impossible. FINDING 3 The City of Poway and Southern California are semi -arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for firefighting. Fires starting in sprinkled buildings are typically ATTACHMENT A Ordinance 757 Page 27 controlled by one or two sprinkler heads flowing as little as 13 gallons per minute per sprinkler head activation. Hose streams used by engine companies on well - established structure fires operate at a minimum of about 250 gallons per minute each, and the estimated water need for a typical residential fire is 1,250 to 1,500 gallons per minute, according to the Insurance Service Office and the California Fire Code. Under circumstances such as lack of water, infrastructure, earthquakes, and multiple and wildland fires within a community, the limited water demands of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland. In such a disaster, water demands needed for conflagration firefighting probably would not be available. FINDING 4 The topography of the City of Poway presents problems in delivery of emergency services, including fire protection. The hilly terrain has narrow, winding roads with little circulation, preventing rapid access and orderly evacuation. Much of these hills are covered with highly non -fire resistive natural vegetation. In addition to access and evacuation problems, the terrain makes delivery of water extremely difficult. Some hilly areas served by water tank and pump systems are subject to failure in fire, high winds, earthquake, and other power failure situations. FINDING 5 The seasonal climatic conditions during the late summer and fall create numerous serious difficulties regarding the control of, and protection against, fires in the City of Poway. The hot, dry weather that is typical of this area in summer and fall, coupled with Santa Ana winds and low humidity, frequently result in wildfires that threaten, or could threaten, the City of Poway. Although some Code requirements, such as fire - resistive roof classification, have a direct bearing on building survival in a wildland fire situation, others, such as residential fire sprinklers, may also have a positive effect. In a dry climate on low humidity days, many materials are much more easily ignited. More fires are likely to occur and any fire, once started, can expand extremely rapidly. Residential fire sprinklers can arrest a fire starting within a structure before the fire is able to spread to adjacent brush and structures. A seasonal wind also has the potential for interfering with emergency vehicle access and delaying or making impossible fire responses because of toppling of extensive plantings of dense chaparral, eucalyptus, and conifer trees. The trees are subject to uprooting in strong winds due to their relatively small root bases compared to the tree itself. The aforementioned problems support the imposition of fire - protection requirements greater than those set forth in the California Building Code or Fire Code. Ordinance 757 Page 28 FINDING 6 Due to the topography in much of the City of Poway, roadway condition, gates, angle of approach or departure, steeply sloping roadways, and grades are common. In addition, a combination of potentially severe rainstorms and ground -water retention could occur in many areas of the City where there is expansive soil. This produces a condition wherein the moisture content of the soil is sufficient, that roadways become damaged due to soil expansion and shrinkage. All- weather, paved surfaces, capable of supporting the imposed loads of fire apparatus are necessary to ensure access of emergency response personnel. These roadways, gates, approach angles, steep slopes, and grades can also make it difficult for fire apparatus and other emergency vehicles to access a site. It is, therefore, essential that these roadway accesses be provided with proper all- weather, paved surfaces, angle of approach, grades, and gate access. FINDING 7 The City of Poway has State Route 67, Poway Road, Scripps Poway Parkway, Pomerado Road and Espola Road as major roadways within its boundaries. Transportation vehicles carrying known toxic, flammable, explosive, and hazardous materials travel these roadways. The potential for the release or threatened release of hazardous materials along these routes is likely given the volume that is transported within Poway city limits. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life and to limit or prevent environmental and property loss. Emergency personnel responding to such aforementioned incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and unnecessary risk to the protection of life and public safety and, in particular, endangering residents and occupants in buildings or structures without the protection of automatic fire sprinklers. The aforementioned problems support the imposition of fire protection requirements greater than those set forth in the California Building Code or Fire Code.