HomeMy WebLinkAbout03-20-2012 c5 adoption ordinance amend title 15counci l
aGenba nepont
C I T Y O F S A N L U I S O B I S P O
FROM :
Derek Johnson, Community Development Directo r
Prepared By :Phil Dunsmore, Senior Planner
SUBJECT : ADOPTION OF AN ORDINANCE AMENDING TITLE 15 OF TH E
MUNICIPAL CODE (BUILDING/FIRE CODE); CITY FILE #: GPA/E R
77-1 0
RECOMMENDATION
Adopt Ordinance #1575 (2012 Series) amending Title 15 of the Municipal Code .
DISCUSSIO N
Backgroun d
On March 6, 2012, the City Council voted 3-0 to introduce an Ordinance amending th e
Municipal Code (Attached). The ordinance amends the building code for consistency with th e
General Plan Safety Element Fire Hazards chapter and the Government Code . Following th e
hearing, an administrative correction to add the language "as specified in the General Plan Safet y
Element" was added to Section 4, under section 701A1 .1 in the last sentence . The Ordinance i s
now ready for adoption . The amended text will become effective 30 days after its adoption .
ATTACHMENT :
1 : Ordinance #1575 (2012 series) amending Title 15 of the Municipal Cod e
T :\Council Agenda Reports\2012\2012-03-20\Ord 1575 2nd read\Building code 2n d
reading .docx
Meeting Date 3 - 2 0 - 2 01 2
hem Number
C5
C5-1
Attachmen t
ORDINANCE NO . 1575 (2012 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDIN G
TITLE 15 OF THE MUNICIPAL CODE T O
AMEND CONSTRUCTION CODES FOR CONSISTENCY WIT H
GENERAL PLAN SAFETY ELEMEN T
UPDATES TO THE FIRE HAZARDS CHAPTE R
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obisp o
to provide citizens with the greatest degree of fire and life safety in buildings with amendment s
tailored to the City of San Luis Obispo ; an d
WHEREAS, the California Health and Safety Code, Section 17958 .5 and Sectio n
18941 .5, require the City Council, before making any modifications or changes to the Californi a
Building Standards Code pursuant to Health and Safety Code Sections 18941 .5 and 17958 .5, to
make an express finding that each such modification or change is needed ; and ,
WHEREAS, the California Health and Safety Code Section 17958 .7 requires that suc h
changes must be determined to be reasonably necessary because of local climatic, geological, o r
topographical conditions ; and ,
WHEREAS, such findings must be made available as a public record and a copy thereo f
with each such modification or change shall be filed with the State of California Buildin g
Standards Commission ;
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The findings justifying previous changes and modifications to the adopte d
construction and fire codes as contained in Ordinance No . 1033 (1985 Series), Ordinance No .
1105 (1987 Series), Ordinance No . 1169 (1990 Series), Ordinance No . 1170 (1990 Series),
Ordinance No . 1213 (1992 Series), Ordinance No . 1287 (1995 Series), Ordinance No . 128 8
(1995 Series), Ordinance No . 1336 (1998 Series), Ordinance No . 1353 (1999 Series), Ordinanc e
No 1423 (2002 Series), Ordinance No . 1453 (2004 Series) and Ordinance 1510 (2007 Series) ar e
hereby affirmed .
SECTION 2 .The provisions of the State Building Standards Code are hereby modified ,
changed and amended, as provided for in this ordinance, based upon the foregoing findings an d
those set forth herein and Council takes said action in furtherance of the public interest i n
protecting life and preserving public safety and property . The City Council hereby determine s
that Sections of the 2010 California Fire Code are required to be modified due to the finding s
contained herein to greater requirements than those set forth in the California State Buildin g
Standards ;
SECTION 3 . Findings .The City Council finds that each of the changes o r
modifications to measures referred to therein are reasonably necessary because of local climatic ,
geological, or topographical conditions in the area encompassed by the boundaries of the City of
Attachmen t
San Luis Obispo, and local conditions necessitate said changes or modifications based on th e
following :
A . Seasonal climatic conditions during the late summer and fall create numerous seriou s
difficulties in the control and protection against fire situations in the City of San Lui s
Obispo . The hot, dry weather in combination with Santa Ana winds frequentl y
results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains ,
San Luis Mountain, and the Irish Hills areas of the City of San Luis Obispo . The
aforementioned areas completely surround the City . When a fire occurs in said areas ,
such as occurred in 1985 when the Los Pilitas fire burned six days and entered th e
City and damaged many structures, the entirety of local fire department personnel i s
required to control, monitor, fight and protect against such fire situations in an effor t
to protect life and preserve property and watershed land . The same climati c
conditions may result in the concurrent occurrence of one or more fires in the mor e
populated areas of the City without adequate fire department personnel to protec t
against and control such a situation . Therefore, the above-described findings suppor t
the imposition of fire-protection requirements greater than those set forth in th e
California State Building Standards Code, and in particular support the imposition o f
greater requirements than set forth in Sections 602 .1 .2, 701A .1 .1, 903 .2, 903 .3 .1 .1 ,
903 .4, 903 .4 .3, 905 .3 .1, 907 .7 .5, 910 .3 .2 .2, and 1506 .3 .1, 2304 .11 .2 .6 .1 of the 201 0
California Building Code, Section 313 .3 .3 .5 of the 2010 California Residential Code ,
Article 230-70 (A)(1) of the 2010 California Electrical Code, and Sections 307 .1 .1 ,
307 .2, 307 .4 .1, 307 .4 .2, 405 .7, 503 .1 .1, 503 .1 .2, 503 .2 .5, 508 .2, 508 .5 .1, 603 .1 .4 ,
608 .1, 901 .4 .2, 901 .4 .3, 903 .2, 903 .2 .1, 903 .4, 903 .4 .3, 905 .3 .1, 910 .3 .2 .2, 907 .7 .5 ,
1404 .5, 1410 .1, 1412 .1, 2206 .2, 2206 .2 .3, 2206 .2 .4, 2206 .2 .4 .1, 2206 .2 .6, 3301 .1 ,
3404 .2 .7, 3404 .2 .8 .3, 3404 .2 .8 .11, 3404 .2 .9, 3406 .2 .4, 3406 .2 .5, 3804 .2, and 4901 .1 ,
and Appendix Sections B105 .2, D103 .1, D103 .4, D103 .6, D103 .6 .1, D103 .6 .2 ,
D104 .1, D105 .2, D106 .2 and D107 .1 of the 2010 California Fire Code .
SECTION 4 . Section 15 .04 .020 L .1 of Chapter 15 .04 of the San Luis Obispo Municipa l
Code (Amendments--; California Building Code) is hereby added to read as follows :
L .1 Add Section 701A .1 .1 to read as follows :
701A .1 .1 New Buildings not Located Within a Very High Fire Hazard Severit y
Zone .New buildings constructed within the City of San Luis Obispo, other tha n
those within the Very High Fire Hazard Severity Zone, shall comply with sectio n
705A and 706A, but shall not be required to comply with other provisions of Chapte r
7A applicable to buildings within the Very High Fire Hazard Severity Zone a s
specified in the General Plan Safety Element .
SECTION 5 .Section 15 .04 .020 Z .1 of Chapter 15 .04 of the San Luis Obispo Municipa l
Code (Amendments--; California Building Code) is hereby added to read as follows :
Z .1 Add section 2304 .11 .2 .6 .1 to read as follows :
Attachmen t
2304 .11 .2 .6 .1 Wood Shake and Shingles Used as Siding .Wood shake and shingle s
used as siding must be fire-retardant-treated wood shingle sand shakes as described i n
section 703A .5 .2 .2 and shall conform to section 703A .5 .
SECTION 6 .
Section 15 .04 .100 SS of Chapter 15 .04 ( Construction and Fir e
Prevention Regulations) is hereby repealed .
SECTION 4 . The Chief Building Official and Fire Code Official are hereby authorize d
and directed to transmit a copy of this ordinance to the California Building Standard s
Commission as required by California Health and Safety Code Section 17958 .7 .
SECTION 5 . If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would hav e
passed each and every remaining provision irrespective of such holding in order to accomplis h
the intent of this ordinance .
SECTION 6 . A summary of this ordinance, approved by the City Attorney, together wit h
the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune,a
newspaper published and circulated in said City, and the same shall go into effect at th e
expiration of 30 days after its final passage .. A copy of the full text of this ordinance shall be o n
file in the Office of the City Clerk on and after the date following introduction and passage t o
print and shall be available to any member of the public .
INTRODUCED on the 6 `h day of March, 2012,AND FINALLY ADOPTED by the Council o f
the City of San Luis Obispo on the day of 2012, on the following roll call vote :
AYES : Council Member s
NOES :
ABSENT :
MAYOR Jan Howell Mar x
ATTEST :
Elaina Cano, City Clerk
*********
APPROVED AS TO FORM :
/s/ Christine Dietric k
Christine Dietrick, City Attorney