HomeMy WebLinkAbout09-03-2013 b3 intro of ordinance prohibiting use of skylanterns
FROM: Charlie Hines, Fire Chief
Prepared By: Rodger Maggio, Fire Marshal
SUBJECT: ORDINANCE PROHIBITING THE USE OF “SKY LANTERNS”
RECOMMENDATION
Introduce by title only an ordinance amending the California Fire Code, as amended by the City
of San Luis Obispo, to modify section, 302.1 defining “sky lanterns”, and add new section
308.1.6.3 prohibiting the ignition and launching of Sky Lanterns, or similar open-flame devices
that are capable of leaving the ground, within the City limits.
DISCUSSION
Sky lanterns, airborne paper lanterns that are a tradition found in some cultures, are typically
constructed from oiled rice paper on a bamboo frame. The lanterns contain a small candle or fuel
cell composed of a waxy flammable material. When lit, the flame heats the air inside the lantern,
thus lowering its density causing the lantern to rise into the air. They are known to travel
significant distances from the point of release.
The wildfire threat in San Luis Obispo is significant, as many of the City’s edge neighborhoods
are exposed to wildland fuels and upslope terrain, all of which combine to pose a real danger.
Examples of these areas are Bishop’s Peak, the Prefumo Canyon/Irish Hills Open Space, the
Bowden Ranch Open Space, the Cerro San Luis Open Space and the Islay Hill Open Space.
Additionally, over the decades the City has, in fact, experienced serious wildfires on its borders.
The City also has a large stock of older homes. Many of these houses still have combustible
wood shake/shingle roofing. Residential yards, parks and schools are landscaped with highly
ignitable vegetation such as juniper, pine and cypress. Sometimes it only takes a spark or glowing
ember to set this type of landscaping ablaze.
There is a serious fire and safety hazard associated with sky lanterns, which include the potential
to start an unintended fire on or off the property from which they are released. Sky lanterns are
becoming a novelty at weddings and other events throughout the country and have recently
started to appear on the shelves of both large retailers and specialty stores in California. While
there are both regulations and statutes that will assist the fire service in regulating the use of this
product, the State Fire Marshal has ruled that they do not fall within the definition of “firework”
or “pyrotechnic device”.
A sky lantern was determined to be the cause of a wildfire that occurred in Shell Beach on the
mountain above Pirates Cove last summer. This fire burned several acres, and nearly destroyed
vital emergency communication facilities and cellular phone towers. The Pirates Cove fire was
extinguished within a few hours, but still cost tens of thousands of dollars to suppress.
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Sky Lantern Ordinance Page 2
Consequently the County Board of Supervisors adopted an ordinance prohibiting the igniting or
launching of sky lanterns in the unincorporated areas of San Luis Obispo County on May 7,
2013.
On Saturday, May 18, 2013 several of these devices were released by members of a wedding
party renting the Jack House. One of the lanterns was caught in the branches of a tree, igniting
the tree. Quick action by a City Staff member prevented significant damage.
CONCURRENCES
City Natural Resource Manager.
FISCAL IMPACT
No direct fiscal impact. The amendment will generally prohibit event planning and related
businesses from igniting and launching sky lanterns. It is anticipated that this will have a small
negative impact on these businesses.
ALTERNATIVES
Do not prohibit the use of Sky Lanterns. This alternative is not recommended because of the risk
associated with their use and the potential for sky lanterns to cause fires on roof tops or in the
open space surrounding our city.
ATTACHMENT
Draft Ordinance
T:\Council Agenda Reports\2013\2013-09-03\Intro Ord Prohibiting Use of Sky Lanterns (Hines-Maggio)\CAR sky
lanterns.doc
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ORDINANCE NO. (2013 series)
AN ORDINANCE AMENDING CHAPTER 15.04 OF THE SAN LUIS OBISPO
MUNICIPAL CODE TO PROHIBIT THE IGNITING AND LAUNCHING OF SKY
LANTERNS
WHEREAS, it is the desire and intent of the San Luis Obispo City Council to provide
citizens with the greatest degree of protection from fire; and
WHEREAS, the State Fire Marshal has determined that there is a serious fire and safety
hazard associated with sky lanterns, which includes the potential to start unintended fires;
and
WHEREAS, the Fire Chief has confirmed hostile fires from the use of sky lanterns in
both the City of San Luis Obispo and San Luis Obispo County; and
WHEREAS, the Board of Supervisors of San Luis Obispo County passed a similar
ordinance on May 7, 2013; and
WHEREAS, The City Council desires to protect lands, fields, buildings and homes
within the incorporated areas of the City from the danger of fire by prohibiting the
igniting and launching of sky lanterns; and
WHEREAS, on November 16, 2010, the City Council adopted the latest edition of Part
9, Title 24 of the California Building Standards Code, which is known as the California
Fire Code, with local additions, amendments and deletions thereto as authorized by the
California Health and Safety Code Sections 18941.5 and 17958.5; and
WHEREAS, this Ordinance will amend the San Luis Obispo Municipal Code to further
amend the California Fire Code to prohibit, with an exception, the igniting and launching
of sky lanterns.
NOW, THEREFORE, BE IT ORDAINED by t he Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby incorporates by reference those
findings set forth in support of Ordinance No. 1555 (2010 Series) with regard to local
climatic, geologic and topographic conditions as required by California Health and Safety
Code Section 17958.7, makes further findings as set forth below, and finds that the
existence of such conditions in the City makes these amendments to the California Fire
Code reasonably necessary to protect the citizens’ life, health and property, as follows:
A. The wildfire threat in San Luis Obispo is significant, as many of the City’s edge
neighborhoods are exposed to wildland fuels and upslope terrain, all of which combine to
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Ordinance No. (2013 Series)
Page 2
pose ongoing fire danger. Examples of these areas are Bishop’s Peak, the Prefumo
Canyon/Irish Hills Open Space, the Bowden Ranch Open Space, the Cerro San Luis Open
Space and the Islay Hill Open Space.
B. The City has a large stock of older homes, many of which have combustible wood
shake/shingle roofing and many residential yards, parks and schools are landscaped with
highly ignitable vegetation such as juniper, pine and cypress.
C. Over the decades the City has, in fact, experienced serious wildfires on its borders.
D. There is a serious fire and safety hazard associated with sky lanterns, which
include the potential to start an unintended fire on or off the property from which they are
released. A sky lantern was determined to be the cause of a recent wildfire that occurred
in Shell Beach on the mountain above Pirates Cove.
Section 2. Chapter 15.04, Section 15.04.100, of the San Luis Obispo
Municipal Code, “Amendments-- California Fire Code”, is hereby amended to add
subsections, as follows:
DDD. Add a new definition to Section 302.1 to read as follows:
SKY LANTERN. An Airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open flame
which serves as a heat source to heat the air inside the lantern to cause it to lift into the
air, including “sky candles”, “fire ballons”, “airborne paper lanterns,” and other similar
devices designed to be levitated by open flame and released into the air uncontrolled.
EEE. Add new Subsection 308.1.6.3 to Section 308.1.6, “Open-flame devices”, to read as
follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns is prohibited within the
City.
Exceptions:
(1) Upon approval of the fire code official, sky lanterns may be used under the following
conditions:
(A) When necessary for religious or cultural ceremonies and adequate safeguards have
been taken in the discretion of the fire code official as deemed necessary to prevent the
danger of ignition of combustible materials or injury to persons or property. In every
instance, sky lanterns must be tethered in a safe manner to prevent them from leaving the
area and must be constantly attended until extinguished.
SECTION 3: All other provisions of Chapter 15.04 shall remain unchanged.
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Ordinance No. (2013 Series)
Page 3
SECTION 4: The City Council has considered the amendments to Chapter 15.04 that are
proposed with respect to the matter described above. The City Council has, as a result of its
consideration, the evidence presented at the hearings on said matter, and all comments that were
received during the public hearing process, determined that this activity is exempt from review
pursuant to CEQA Guidelines section 15061(b)(3) which provides that an activity is not subject
to CEQA review where it can be seen with certainty that there is no possibility that it may have a
“significant effect on the environment.” The City Council finds that 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. The City Council hereby approves this adoption of the above amendments to
Chapter 15.04 in accordance with the California Environmental Quality Act.
SECTION 5. If any section, subsection, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by decision of a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality of the remaining portion of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 6: A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
Upon motion of , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing ordinance was introduced on September 3, 2013.
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Ordinance No. (2013 Series)
Page 4
____________________________________
Mayor Jan Howell-Marx
ATTEST:
____________________________________
Sheryll Schroeder, Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick, City Attorney
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