HomeMy WebLinkAbout1575ORDINANCE NO. 1575 (2012 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 15 OF
THE MUNICIPAL CODE TO AMEND CONSTRUCTION CODES FOR
CONSISTENCY WITH GENERAL PLAN SAFETY ELEMENT UPDATES TO THE
FIRE HAZARDS CHAPTER
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
to provide citizens with the greatest degree of fire and life safety in buildings with amendments
tailored to the City of San Luis Obispo; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section
18941.5, require the City Council, before making any modifications or changes to the California
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 such
changes must be determined to be reasonably necessary because of local climatic, geological, or
topographical conditions; and
WHEREAS, such findings must be made available as a public record and a copy thereof
with each such modification or change shall be filed with the State of California Building
Standards Commission.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The findings justifying previous changes and modifications to the adopted
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. 1288
(1995 Series), Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance
No 1423 (2002 Series), Ordinance No. 1453 (2004 Series) and Ordinance 1510 (2007 Series) are
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 and
those set forth herein and Council takes said action in furtherance of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines
that Sections of the 2010 California Fire Code are required to be modified due to the findings
contained herein to greater requirements than those set forth in the California State Building
Standards;
SECTION 3. Findings. The City Council finds that each of the changes or
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
San Luis Obispo, and local conditions necessitate said changes or modifications based on the
following:
01575
Ordinance No. 1575 (2012 Series)
Page 2
A. Seasonal climatic conditions during the late summer and fall create numerous serious
difficulties in the control and protection against fire situations in the City of San Luis
Obispo. The hot, dry weather in combination with Santa Ana winds frequently 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 the City and damaged many
structures, the entirety of local fire department personnel is required to control, monitor,
fight and protect against such fire situations in an effort to protect life and preserve
property and watershed land. The same climatic conditions may result in the concurrent
occurrence of one or more fires in the more populated areas of the City without adequate
fire department personnel to protect against and control such a situation. Therefore, the
above - described findings support the imposition of fire- protection requirements greater
than those set forth in the California State Building Standards Code, and in particular
support the imposition of 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 2010 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,
3 804.2, and 4901.1, and Appendix Sections B 105.2, D 103. 1, D 103.4, D 103.6, D 103.6.1,
D 103.6.2, D 104. 1, D 105.2, D 106.2 and D 107.1 of the 2010 California Fire Code.
SECTION 4. Section 15.04.020 L.1 of Chapter 15.04 of the San Luis Obispo Municipal
Code (Amendments - -; California Building Code) is hereby added to read as follows:
L.1 Error! Bookmark not defined.Add Section 70 IA. 1.1 to read as follows:
701A.1.1 New Buildings not Located Within a Very High Fire Hazard Severity
Zone. New buildings constructed within the City of San Luis Obispo, other than those
within the Very High Fire Hazard Severity Zone, shall comply with section 705A and
706A, but shall not be required to comply with other provisions of Chapter 7A applicable
to buildings within the Very High Fire Hazard Severity Zone as specified in the General
Plan Safety Element.
SECTION 5. Section 15.04.020 Z.1 of Chapter 15.04 of the San Luis Obispo Municipal
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:
2304.11.2.6.1 Wood Shake and Shingles Used as Siding. Wood shake and shingles
used as siding must be fire- retardant - treated wood shingle sand shakes as described in
section 703A.5.2.2 and shall conform to section 703A.5.
Ordinance No. 1575 (2012 Series)
Page 3
SECTION 6. Section 15.04.100 SS of Chapter 15.04 ( Construction and Fire Prevention
Regulations) is hereby repealed.
SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards
Commission as required by California Health and Safety Code Section 17958.7.
SECTION 8. 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 have
passed each and every remaining provision irrespective of such holding in order to accomplish
the intent of this ordinance.
SECTION 9. A summary of this ordinance, approved by the City Attorney, together
with 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 the
expiration of 30 days after its final passage.. A copy of the full text of this ordinance shall be on
file in the Office of the City Clerk on and after the date following introduction and passage to
print and shall be available to any member of the public.
INTRODUCED on the 6th day of March, 2012, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 201h day of March 2012, on the following vote:
AYES:
NOES:
ABSENT:
RECUSED:
ATTEST:
Elaina Cano
City Clerk
APPROVED, AS TO
- istine Dietrick
ity Attorney
Council Members Carter and Smith, and Mayor Marx
None
None
Council Member Ashbaugh and Vice Mayor Carpenter
ay r
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