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HomeMy WebLinkAboutItem 11c - California Building and California Fire Codes DATE: November 19, 2019 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Phil Wray Deputy Director of Development Services/City Engineer Kenneth Fields, Building Official SUBJECT: ORDINANCE NO. 2366 AMENDING ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, AND APPENDIX J, THE 2019 CALIFORNIA RESIDENTIAL CODE, THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019 CALIFORNIA ELECTRICAL CODE, THE 2019 CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA EXISTING BUILDINGS CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND THE LOS ANGELES COUNTY GRADING CODE WITH ADDITIONS, AMENDMENTS, AND DELETIONS Recommendation: Introduce Ordinance No. 2366 and set the public hearing for December 17, 2019 SUMMARY The Development Services Department is proposing amendments to the Arcadia Municipal Code relating to building code regulations for the purpose of complying with State requirements and to update current administrative and technical standards. Every three years, the State of California adopts a new Building Code with California amendments. The last code adoptions and amendments to the Arcadia Building Code were adopted on December 6, 2016. It is recommended that the City Council introduce Ordinance No. 2366 amending Article VIII of the Arcadia Municipal Code relating to Building Codes, and schedule a public hearing for December 17, 2019. Ordinance No. 2366 amending the California Building Code November 19, 2019 Page 2 of 3 BACKGROUND The City of Arcadia uses the California Building Standards Code (“CBSC”) as its local building code. Every three years, the California Building Standards Commission reviews the International Building Code and recommends revisions and updates to the State Code, and the State adopts the new code. Prior to adoption, amendments to the State Codes may be incorporated by the local jurisdiction based on local climatic, geologic, and/or topographic conditions per Section 17958.7 of California’s Health and Safety Code. DISCUSSION The 2019 CBSC was recently adopted by the State of California and will automatically become effective on January 1, 2020. With each code adoption, cities have the option of amending the State model building standards code to better accommodate local conditions if specific findings are made justifying the changes. To further protect the public health, welfare, and safety specific to Arcadia residents, it is recommended that the City maintain the same basic modifications to the Codes that were made during the last code cycle three years ago. Findings for these modifications are included as Exhibit “A” of the Ordinance. Two examples of how the Codes have been amended from the State’s model building standards codes are as follows: • Amends the fire sprinkler requirements in the Building Code and the Residential Code by requiring sprinklers in existing single-family dwellings when they are enlarged to exceed 2,500 square feet of livable area. • Amends the Building Code Definition for Group B occupancies to exclude tutoring centers so they will be identified as E Occupancies for greater public safety for children and staff. In addition to amendments specific to Arcadia, this year's State Code includes notable changes in the Energy Code, which will now require a modestly-sized rooftop solar system for new homes. As a result, a home built under the new standards is estimated to be 53% more efficient than if built under the current standards. ENVIRONMENTAL ANALYSIS The proposed code adoptions and amendments to the Arcadia Municipal Code will not have a potential for causing a significant effect on the environment, and this activity is therefore exempt from the California Environmental Quality Act (“CEQA”) per Section 15061(b)(3) of the CEQA Guidelines. Ordinance No. 2366 amending the California Building Code November 19, 2019 Page 3 of 3 PUBLIC NOTICE/COMMENTS Adoption of the California Building Code require a public hearing after the initial introduction of the proposed Ordinance. It is recommended that a public hearing be scheduled for the December 17, 2019, City Council meeting. In anticipation of this hearing date, a notice of public hearing will be published in the Arcadia Weekly newspaper on December 2, 2019, and December 9, 2019. FISCAL IMPACT The adoption of the Codes and Amendments will have no fiscal impact on the City. RECOMMENDATION It is recommended that the City Council: 1. Introduce Ordinance No. 2366 amending Article VIII of the Arcadia Municipal Code relating to Building Regulations and adopting by reference the 2019 Edition of the California Building Code, Volumes 1 and 2, and Appendix J, the 2019 California Residential Code, the 2019 California Green Building Standards Code, the 2019 California Plumbing Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 California Existing Buildings Code, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and Los Angeles County Grading Code with additions, amendments, and deletions; and 2. Set the public hearing for December 17, 2019. Attachment: Ordinance No. 2366 (Findings of Fact attached as Exhibit “A”) 1 ORDINANCE NO. 2366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE RELATING TO BUILDING REGULATIONS AND ADOPTING BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, AND APPENDIX J, THE 2019 CALIFORNIA RESIDENTIAL CODE, THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2019 CALIFORNIA PLUMBING CODE, THE 2019 CALIFORNIA ELECTRICAL CODE, THE 2019 CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA EXISTING BUILDINGS CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, AND THE LOS ANGELES COUNTY GRADING CODE WITH ADDITIONS, AMENDMENTS, AND DELETIONS WHEREAS, pursuant to Government Code Section 50022.1 et seq. the City may adopt by reference the California Building Standards Code, 2019 Edition as provided in Title 24 of the California Code of Regulations, which includes various codes; and WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2019 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Arcadia desires to adopt the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Green Building Standards Code, the 2019 California Plumbing Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 California Existing Buildings Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Los Angeles County 2 Grading Code, together with the necessary amendments determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council conducted first reading of this Ordinance on November 19, 2019; and WHEREAS, notice of a public hearing on this Ordinance was published in the Arcadia Weekly on December 2, 2019 and December 9, 2019; and WHEREAS, the City Council held a public hearing on December 17, 2019, as required by law, at which time the Council determined that the adoption of the Codes and amendments thereto are in the best interest of the City and are based on the findings required by law; and WHEREAS, at least one copy of each of the Codes adopted by reference by this ordinance were available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the amendments to the California Building Standards Code herein are supported by Findings of Fact which are attached hereto as Exhibit “A” and incorporated herein as part of this Ordinance. SECTION 2. Section 8110 of Chapter 1, Part 1 of Article VIII of the Arcadia Municipal Code is hereby amended to read as follows: “8110. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Part, the City Council adopts as the building regulations for the 3 City, the 2019 California Building Code, Part 2 of Title 24, California Code of Regulations, and State of California amendments applicable to local jurisdictions, together with Chapter 1 and Appendix J, based on the 2018 International Building Code. The Code shall govern, regulate and control all of the activities therein referenced to and the same is made a part of this Chapter as though set forth in this Chapter in full. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public.” SECTION 3. Chapter 1, Part 3, Article VIII of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: “8130. AMENDMENTS, ADDITIONS AND DELETIONS. The 2019 California Building Code is amended to read as follows: 8130.1. ADDITION [ADMINISTRATIVE]. Chapter 1, Section [A] 116.6 is added to Volume 1, Chapter 1 of said 2019 California Building Code to read as follows: [A] 116.6. Attractive Nuisance. Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including, but not limited to, unprotected and hazardous ponds, pools or excavations and buildings or structures undergoing demolition, repair, rehabilitation or construction shall be fenced or otherwise secured when required by the Building Official. 8130.2. AMENDMENT [ADMINISTRATIVE]. Chapter 1, Section [A] 113.1 in Chapter 1, Volume 1 of the 2019 California Building Code is amended to read as follows: 4 [A] 113.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Chief relative to the application and interpretation of the City’s Building and Fire codes, the Planning Commission shall act as the Arcadia Building and Fire Code Board of Appeals. The Planning Commission shall not consider an appeal until the Building Official or the Fire Chief has rendered a decision in writing. An appeal shall be filed with the City within 30 days from the date of his or her written decision; in addition, an appeals fee shall be paid to the City in an amount established by City Council Resolution. The appeal shall be in writing and shall clearly set forth the order, decision or determination being appealed. A hearing shall be scheduled before the Planning Commission as soon as practicable from the date of receipt of the appeal. The Building Official or the Fire Chief, as applicable, shall prepare a written report for the Planning Commission. The decision of the Planning Commission shall be final unless appealed to the City Council. The appeal to the City Council shall be in writing and shall be filed with the City within five (5) working days from the date of the Planning Commission’s decision; in addition, an appeals fee shall be paid to the City in an amount established by City Council Resolution. A hearing shall be scheduled before the City Council as soon as practicable from the date of the receipt of the written appeal. The Building Official or the Fire Chief, as applicable, shall prepare a written report for the City Council. The decision of the City Council shall be final. 8130.3. AMENDMENT [ADMINISTRATIVE]. Chapter 1, Section [A] 105.2, Building, item number 1 of the 2019 California Building Code is amended to read as follows: 5 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and the highest point of the roof does not exceed 8 feet, 6 inches above adjacent grade. 8130.4. AMENDMENT [ADMINISTRATIVE]. Chapter 1, Section [A] 109.2 in Chapter 1 of the 2019 California Building Code is amended to read as follows: [A] 109.2 General. Fees shall be assessed in accordance with the fee schedule set forth by resolution of the City Council. 8130.5. ADDITION [ADMINISTRATIVE]. Chapter 2, Section 202 of the 2019 California Building Code is hereby amended by adding the following definitions to read as follows: REBUILD as applied to an existing building, is where more than fifty percent (50%) of the existing foundation/floor assembly and more than fifty percent (50%) of the exterior walls of a building are removed. Existing buildings that are classified as a rebuild shall comply with all current City zoning, building and fire regulations and pay building permit fees for a new structure. REMODEL is an alteration to an existing building where not more than fifty percent (50%) of the exterior walls of a building are removed, repaired or altered, excluding the interior finish wall coverings. 8130.5.1 AMENDMENT [ADMINISTRATIVE]. Section 304.1 of the 2019 California Building Code is amended to read as follows: 6 Business Group B Training and skill development not in a school or academic program (this shall include, but not be limited to, martial arts studios, gymnastics and similar uses regardless of the ages served, and where not classified as a Group A occupancy). 8130.6. AMENDMENT. Section 903.2 of the 2019 California Building Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.2 Where required. Approved automatic extinguishing systems shall be installed: 1. In all new buildings regardless of the type of construction or occupancy. EXCEPTIONS: A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet. B) Pool houses, recreation rooms, and similar accessory R-3 occupancies providing no portion of the exterior wall of the building is more than 150 feet from a public street. C) Other minor buildings and/or occupancies as approved by the Fire Chief. 2. In existing buildings with new occupancies as required by other sections of the Fire Code. 8130.7. AMENDMENT. Section 903.2.18 of the 2019 California Building Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 7 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies. Carports with habitable space above, detached private garages over 1000 square feet in area, and attached private garages shall be protected by fire sprinklers in accordance with this section. These areas shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-response intermediate temperature commercial type heads shall be used. 8130.8. [RESERVED]. 8130.9. AMENDMENT. Section 903.3.1.2 of the 2019 California Building Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.3.1.2. NFPA 13R SPRINKLER SYSTEMS. Where allowed in buildings of Group R, up to and including buildings four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R with the following additions: A) Attics shall be fully sprinklered with quick-response intermediate temperature heads. B) Private garages shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick- response intermediate temperature commercial type heads shall be used for the garage area. 8130.10. AMENDMENT. Section 903.3.1.3 of the 2019 California Building Code is amended to read as 8 follows due to local climatic, geographical, and topographical conditions: 903.3.1.3. NFPA 13D SPRINKLER SYSTEMS. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings shall be installed throughout in accordance with NFPA 13D with the following additions: A) Attics containing forced air units shall have one or more quick-response intermediate temperature sprinkler heads adjacent to each unit. B) Attached private garages shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-response intermediate temperature commercial type heads shall be used for the garage area. C) Detached private garages over 1000 square feet in total area shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-response intermediate temperature commercial type heads shall be used for the garage area. D) Residential structures under 5000 square feet in total area shall be designed for two (2) heads flowing in the residential area. Residential structures over 5000 square feet in total area shall be designed for four (4) heads flowing in the residential area. E) Attics and basements used for storage purposes shall be fully sprinklered with residential type heads. F) A single exterior bell activated by the waterflow switch shall be provided at an approved location. 9 G) A representative sample of spare heads shall be provided at an approved location. 8130.10. ADDITION. Section 903.6 of the 2019 California Building Code is added to read as follows due to local climatic, geographical, and topographic conditions: 903.6. EXISTING BUILDINGS. An approved automatic fire sprinkler system shall be installed in existing buildings, including any additions thereto, in the occupancies and buildings as set forth in this section. 1. In all commercial and industrial buildings greater than 5000 square feet in area when enlarged by an addition to the existing structure or as required by the Fire Chief. 2. In all commercial and industrial buildings equal to or less than 5000 square feet in area, when enlarged by an addition to the existing structure, exceeds 5000 square feet or as required by the Fire Chief. 3. In all Group R-1 or R-2 Occupancies when an addition results in additional guestrooms or dwelling units. 4. In all Group R-3 Occupancies greater than 2500 square feet in living area when enlarged by an addition to the living area of the existing structure. EXCEPTIONS: 1) Additions of areas that would not require sprinklers such as closets or bathrooms. 2) Additions that occur without increasing the number of stories or 10 increasing the horizontal projection of the first story roof. 5. In all Group R-3 Occupancies equal to or less than 2500 square feet in living area, when enlarged by an addition to the living area of the existing structure, exceeds 2500 square feet in residential area. EXCEPTIONS: 1) Additions of areas that would not require sprinklers such as closets or bathrooms. 2) Additions that occur without increasing the number of stories or increasing the horizontal projection of the first story roof. 6. In existing buildings for new occupancies as required by other sections of the Fire Code. 8130.11. AMENDMENT. Section 903.4.2 of the 2019 California Building Code is amended to read as follows due to local topographical conditions: 903.4.2. ALARMS. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic fire sprinkler system shall actuate the building fire alarm system. Approved audible notification appliances shall be provided in the interior of the building at locations required by the Fire Chief. 11 8130.12. AMENDMENT. Volume 1, Chapter 12, Section 1206.2 of the 2019 California Building Code is amended to read as follows due to local topographical conditions: 1206.2. Air-borne Sound Insulation. All such acoustically rated separating wall and floor-ceiling assemblies shall provide airborne sound insulation equal to that required to meet a sound transmission class (STC) rating of 58 based on laboratory tests as defined in ASTM E 90 and E 413. Field-tested assemblies shall meet a noise isolation class (NIC) rating of 53 for occupied units and a normalized noise isolation class (NNIC) rating of 53 for unoccupied units as defined in ASTM Standards E 336 and E 413. EXCEPTION: Group R-1 hotel and motel occupancies shall be permitted to meet a minimum sound transmission class (STC) of 52, a noise isolation class (NIC) of 47, or a normalized noise isolation class (NNIC) of 47, as applicable. ASTM E 597 may be used as a simplified procedure for field tests of the airborne sound isolation between rooms in unoccupied buildings. In such tests, the minimum value of Dn is 53 db for multiple family dwelling units and 47db for hotel and motel occupancies for compliance. Entrance doors from interior corridors together with their perimeter seals shall have STC ratings not less than 30. Such tested doors shall operate normally with commercially available seals. Solid-core wood slab doors 1 3/8 inches thick minimum or 18 gage insulated steel slab doors with compression seals all around, including the threshold, may be considered adequate without other substantiating information. Field test of corridor walls should not include segments with doors. If such test is impractical, however, the 12 NIC or NNIC rating for composite wall-door assembly shall not be less than 30. Penetrations or openings for construction assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. 8130.13 AMENDMENT. Volume 1, Chapter 12, Section 1206.3 of the 2019 California Building Code is amended to read as follows due to local topographical conditions: 1206.3. Impact Sound Insulation. All acoustically rated separating floor- ceiling assemblies shall provide impact sound insulation equal to that required to meet an impact insulation class (IIC) rating of 58 based on laboratory tests as defined in ASTM E 492 and E 989. Field-tested assemblies shall meet a field impact insulation class (FIIC) rating of 53 for both occupied and unoccupied units as defined in ASTM E 1007 and E 989, with the exception that the measured impact sound pressure levels shall not be normalized to a standard amount of absorption in the receiving room. EXCEPTION: Group R-1 hotel and motel occupancies shall be permitted to meet a minimum impact insulation class (IIC) rating of 52 or a field impact insulation class (FIIC) rating of 47, as applicable. Floor coverings may be included in the assembly to obtain the required ratings. These coverings must be retained as a permanent part of the assembly and may only be replaced by other floor coverings that provide the required impact sound insulation. 8130.14 ADDITION. Volume 1, Chapter 15, Section 1505.0 of the 2019 California Building Code is 13 added to read as follows due to climatic and topographical conditions: 1505.0. Fire Classification. The roof covering on any structure regulated by this code shall have a minimum Class A rating in the Wildland Interface Fire Area Boundaries and a class A or B rating in all other areas outside the Wildland Interface Fire Area Boundaries of the City. Pressure treated or untreated wood shakes and wood shingles shall not be installed on any building or structure located in the Wildland Interface Fire Area Boundaries. 8130.15. AMENDMENT. Volume 1, Chapter 15, Section 1505.1 of the 2019 California Building Code is amended and Section 1505.1.5 of the 2019 California Building Code is added to read as follows due to climatic and topographical conditions: 1505.1. Roof Coverings for Additions within the Wildland Interface Fire Area Boundaries. The roof covering on any addition made to an existing building or structure located within the Wildland Interface Fire Area Boundaries shall comply with Section 1505.1. The roof covering of an existing building or structure located in said zone shall be made to comply with Section 1505.1 when the cumulative roof area of the addition along with any alteration, replacement, repair or reroof made during the previous 12 months to the existing roof is 25 percent or more of the original roof area. 1505.1.5 Roof Coverings for Additions Outside the Wildland Interface Fire Area Boundaries. The roof covering requirements for additions made to existing buildings or 14 structures located outside the Wildland Interface Fire Area Boundaries shall comply with the following, as applicable: 1. 25% or Less. The roof covering of an addition made to an existing structure or building may match the existing roof covering on the structure or building being added to providing the cumulative roof area of the addition along with any alteration, replacement, repair, or reroof made during the previous 12 months to the existing roof is 25 percent or less of the original roof area. 2. Over 25% But Less than 50%. The roof covering of an addition made to an existing structure or building shall comply with Section 1505. The roof covering of the existing structure or building being added to may be left in place providing the cumulative roof area of the addition along with any alteration, replacement, repair or reroof made during the previous 12 months to the existing roof is over 25 percent but less than 50 percent of the original roof area. 3. 50% or More. The roof covering of an addition made to an existing structure or building shall comply with Section 1505. The roof covering of the existing structure or building being added to shall be made to comply with Section 1505 when the cumulative roof area of the addition along with any alteration, replacement, repair, or reroof made during the previous 12 months to the existing roof is 50 percent or more of the original roof area. 8130.16. ADDITION. Section 1511.0 is added to the 2019 California Building Code to read as follows due to local climatic and topographical conditions: 15 1511.0 REROOFING. All reroofing shall comply with Chapter 15 of this Code, as amended by the City of Arcadia. 8130.17. AMENDMENT. Table 1505.1 in Chapter 15 of Volume 1 of the 2019 California Building Code is amended to read as follows due to local climatic conditions: TABLE 1505.1 MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B 8130.18. AMENDMENT. Volume 1, Chapter 15, Section 1511.1 in the 2019 California Building Code is amended to read as follows due to local climatic conditions: 1511.1 General. All reroofing shall conform to the applicable provisions of Chapter 15 of this Code and as otherwise required in this Chapter. Roofing materials and methods of application shall comply with the Building Code standards or shall follow manufacturer’s installation requirements when approved by the Building Official. Roof coverings installed on existing buildings or structures shall require the submission of design calculations and plans prepared by an engineer or architect licensed by the State of California when the total installed weight of the finish roof covering material 16 above the wood structural panels and underlayment is equal to or exceeds 6 pound per square foot. The design calculations shall demonstrate that the entire building or structure is adequate to support the vertical forces imposed by the new roofing. Reroofs in the Wildland Interface Fire Area Boundaries. All reroofing in Wildland Interface Fire Area Boundaries of the City shall comply with Section 1505. The entire roof covering of an existing building or structure located in said zone shall be made to comply with Section 1505 when the cumulative roof area of any addition, alteration, replacement, repair, or reroof made during the previous 12 months to the existing roof is 25 percent or more of the original roof area. Reroofs in areas outside the Wildland Interface Fire Area Boundaries. All reroofing in areas outside the Wildland Interface Fire Area Boundaries of the City shall comply with the following, as applicable: 1. 25% Or Less. Up to 25 percent of an existing structure or building may be reroofed with a roof covering that matches the existing, providing the cumulative roof area of any addition, alteration, replacement, repair, or reroof made during the previous 12 months to the existing roof does not exceed 25% of the original roof area. 2. Over 25% But Less Than 50%. The roof covering of the area being reroofed shall comply with Section 1505. The roof covering of the existing structure or building being reroofed may be left in place providing the cumulative roof area of any addition, alteration, replacement, repair or reroof made during the previous 12 months to the existing roof is over 25 percent but less than 50 percent of the 17 original roof area. 3. 50% Or More. An existing building or structure shall be completely reroofed with a roof covering complying with Section 1505 when the cumulative roof area of any addition, alteration, replacement, repair, or reroof made during the previous 12 months to the existing roof is 50 percent or more of the original roof area. 8130.19. AMENDMENT [ADMINISTRATIVE]. Section 1010.1.4.5 of Chapter 10 of the 2019 California Building Code is hereby amended to read as follows: 1010.1.4.5. Security Grilles. The use of security bars, panels, sliding metal grates, or other similar security devices is prohibited on the exterior of any building openings of all structures in commercial or industrial zones of the City. Subject to obtaining a permit pursuant to California Building Code Section 105.1 and compliance with design review requirements pursuant to Arcadia Municipal Code Sections 9295 et seq. as a prerequisite to the granting of any such permit, security bars, panels, gates, metal grates, or other similar security devices may be installed, in compliance with applicable Building Code requirements, on the interior of a commercial or industrial structure provided that the entire building is equipped with an automatic fire sprinkler system, which has been installed under a permit from the Building Division and inspected pursuant thereto for compliance with the approved plans. 8130.20. ADDITION [ADMINISTRATIVE]. Chapter 35A is added to Volume 2 of the 2019 California Building Code to read as follows: 18 CHAPTER 35A MULTIPLE FAMILY CONSTRUCTION STANDARDS SECTION 3501A - MULTIPLE FAMILY DEFINED A multiple family building shall be defined as one or more dwelling units located on any property in the City except the R-O, R-1 or the R-M zoned areas. 3501.1A Application. Except where a more restrictive requirement in the California Building Code, State Law or City Ordinance is applicable, each provision of this Chapter shall apply to each multiple family building as defined herein. SECTION 3502. NOISE REDUCTION STANDARDS 3502.1 General. Attached multiple family dwelling units shall meet the sound transmission control standards specified in Appendix Chapter 12 of the Building Code and this Section. 3502.2 Packing of Voids. All voids surrounding water, drainage, and vent piping shall be packed with rock wool or equivalent approved sound deadening material, and all water, drainage, and vent piping shall be wrapped with an approved material at all points of contact with wood or steel framing members and strap hangers. Plumbing walls shall be a minimum of 2 inch by 6-inch construction. 3502.3 Plans. All required 2 inch by 6-inch plumbing walls shall be clearly identified on the building plans. 3502.4 Mechanical Equipment. All mechanical equipment shall be installed so as to reduce sound transmission to a minimum. 3502.5 Separation of Facilities. Electrical, plumbing and mechanical equipment or 19 systems serving one dwelling unit shall not serve other dwellings units, nor shall such equipment or systems be located within another dwelling unit. Recessed wall fixtures, such as medicine cabinets or electrical, telephone, television and intercom outlets, shall not be located back-to-back or in the same wall cavity. 3502.6 Location of Plumbing and Ducts. Water, drainage, and vent piping and heating and air conditioning ductwork shall not be located within any wall or floor-ceiling sound assembly. SECTION 3503. COMFORT COOLING SYSTEM A comfort cooling system shall be provided for each multiple family dwelling unit. The comfort cooling system shall be capable of maintaining a temperature of 78 degrees Fahrenheit three feet above the floor throughout the conditioned space of the building. Water evaporative cooling systems or individual window or wall-mounted units shall not be used to meet the requirements of this Section. The location of the comfort cooling system shall be shown on the building plans. SECTION 3504. ILLUMINATION 3504.1 Illumination. Public spaces of multiple family buildings including all stairs, ramps, driveways, walkways, corridors and parking areas shall be illuminated with automatic lighting capable of maintaining an intensity of one (1) foot-candle of light at ground level. SECTION 3505. EXTERIOR REQUIREMENTS 3505.1 Underground Utilities. All utility conductors, cables, conduits and wiring supplying electrical, cable and telephone service to a multiple family building shall be 20 installed underground except risers which are adjacent to and attached to a building or as otherwise approved the City Council. 3505.2 Conductors, Conduit and Piping. All conductors, cables, wires, conduit and piping located outside of a building or structure and within the exterior property lines shall be installed underground except risers which are adjacent to and attached to a building or structure. SECTION 3506. PARKING AND ACCESS AREAS 3506.1 Paving. All parking, walkway, and driveway areas shall be paved with an approved material, such as concrete, asphalt, brick, or pavers. Paving materials and methods of installation shall be shown on the building plans. 3506.2 Driveway Ramps 3506.2.1 Grade. Driveway ramps shall not exceed a maximum grade of twenty percent (20%). A 20 feet transition area shall be provided at the top of such ramp, as follows: the upper 10 feet of the transition area shall have a maximum grade of four percent (4%) and the lower 10 foot portion of the transition area shall have a maximum grade of ten percent (10%). A 15 feet transition area with a maximum grade of ten percent (10%) shall also be provided at the bottom of such ramp. SECTION 3507. OPEN PARKING REQUIREMENTS 3507.1 Marking. Open parking spaces, driving aisles, one-way traffic lanes, and turning area shall be identified by approved painted striping. 3507.2 Barriers. Bump rails, curbs or other approved protective barriers shall be installed where necessary to protect buildings, walls, or fences from damage by 21 automobiles. SECTION 3508. GARAGE AND CARPORT REQUIREMENTS 3508.1 Walls. Where concrete masonry units are used to construct Group U or S Occupancies, the cells shall be grouted solid to height of four (4) feet above the floor level. 3508.2 Frame. Group U or S Occupancies of wood frame construction shall have approved protective barriers located so as to protect the finished wall coverings from damage by automobiles. 3508.3 Concrete Floors. The floor of every covered parking space shall be paved with cement concrete. 8130.21. ADDITION [ADMINISTRATIVE]. Chapter 36 is added to Volume 2 of the 2019 California Building Code to read as follows due to local climatic conditions: CHAPTER 36 WILDLAND-URBAN INTERFACE FIRE AREA 3601. CREATION. The City shall designate areas within the City boundaries that are at a significant risk from wildland fires. Such areas shall be designated Wildland- Urban Interface Areas. 3601.1. WILDLAND-URBAN INTERFACE FIRE AREA BOUNDARIES. The boundaries of the Wildland-Urban Interface Area shall be the same as the Very High Fire Hazard Severity Map as produced by the California Department of Forestry and Fire. 22 8130.22 AMENDMENT. Section 701A.3, Chapter 7A of the 2019 California Building Code is amended to read as follows due to local climatic and topographical conditions: 701A.3. Additions, Remodels, Repairs or Alterations. Additions, remodels, repairs or alterations may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, remodel, repair or alteration conforms to that required for a new building or structure. EXCEPTIONS: 1. Provisions of this code that specifically apply to existing conditions are retroactive. 2. The Urban-Wildland Interface Code shall apply to any remodel, alteration, addition or repair based on the following: 0% - 10% - Not Applicable. 11% - 50% - Applicable to addition/alteration only. 51% - 100% - Applicable to the entire structure. All percentages are based on habitable area and pertain to remodel/additions completed within the most recent thirty-six (36) month period. 3. Roof coverings shall comply with Chapter 15 of the Building Code, as amended by the City of Arcadia. Additions, repairs, remodels or alteration shall not be made to an existing building 23 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. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 8130.23. ADDITION [ADMINISTRATIVE]. Section 701A.6, Chapter 7A of the 2019 California Building Code is added to read as follows: 701A.6 Administration. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or the Fire Chief relative to the application and interpretation of the City’s Building and Fire codes, the Planning Commission shall act as the Arcadia Building and Fire Code Board of Appeals. The Planning Commission shall not consider an appeal until the Building Official or the Fire Chief has rendered a decision in writing. An appeal shall be filed with the City within 30 days from the date of his or her written decision; in addition, an appeals fee shall be paid to the City in an amount established by City Council Resolution. The appeal shall be in writing and shall clearly set forth the order, decision or determination being appealed. A hearing shall be scheduled before the Planning Commission as soon as practicable from the date of receipt of the appeal. The Building Official or the Fire chief, as applicable, shall 24 prepare a written report for the Planning Commission. The decision of the Planning Commission shall be final unless appealed to the City Council. The appeal to the City Council shall be in writing and shall be filed with the City within five (5) working days from the date of the Planning Commission’s decision; in addition, an appeals fee shall be paid to the City in an amount established by City Council Resolution. A hearing shall be scheduled before the City Council as soon as practicable from the date of the receipt of the written appeal. The Building Official or the Fire Chief, as applicable, shall prepare a written report for the City Council. The decision of the City Council shall be final. 8130.24. AMENDMENT. Subsection 2 of Section 704A.3 of Chapter 7A of the 2019 California Building Code is hereby amended to read as follows due to local climatic, geographical, and topographical conditions: 2. Heavy timber construction per Chapter 6 of the 2019 California Building Code. 8130.25. [RESERVED]. 8130.26. AMENDMENT. Section 8130.26 is hereby deleted in its entirety and marked as “Reserved.” 8130.27. AMENDMENT. Section 709A.2 of Chapter 7A the 2019 California Building Code is hereby amended to read as follows due to local climatic, geographical, and topographical conditions: 25 709A.2. Where Required. The walking surface material of decks, porches, balconies and stairs shall comply with the requirements of this Section when any portion of such surface is within fifty (50) feet of the building. 8130.28. AMENDMENT. Item 3 of Section 402.6.2(3) of Chapter 4 of the 2019 California Building Code is hereby amended due to local climatic, geographical, and topographical conditions: 402.6.2(3). Kiosks. 3. The minimum horizontal separation between kiosks or groupings thereof and other structures within the mall shall be twenty (20) feet (6096 mm). EXCEPTION: Horizontal separation between kiosks or groupings thereof and other structures within the mall may be reduced to fifteen (15) feet in area protected by smoke detection and quick response type sprinkler heads. 8130.29. Construction Site Fencing. A six (6) foot tall construction fence with approved privacy screening shall be installed on all construction sites as required by the Building Official. All required construction fencing shall be located on private property and shall be maintained for the duration of the project.” SECTION 4. Section 8210 of Part 1 of Chapter 2 of Article VIII of the Arcadia Municipal Code is hereby amended to read in full as follows: “8210. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Chapter, the City Council adopts, by reference, as the plumbing regulations for the City the California Plumbing Code, 2019 Edition, including Chapter 1 and with appendices, 26 installation standards, published and adopted by the International Association of Plumbing and Mechanical Officials. The Code shall govern, regulate, and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. The 2019 Edition of the California Plumbing Code is adopted with no amendments. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public.” SECTION 5. Section 8310 of Part 1 of Chapter 3 of Article VIII of the Arcadia Municipal Code is hereby amended to read in full as follows: “8310. ADOPTION. The City Council adopts, by reference, as the electrical regulations for the City the California Electrical Code, 2019 Edition, including Article 89 and with appendices, indices, tables, and State of California amendments applicable to local jurisdictions, published and adopted by the National Fire Protection Association. The Code shall govern, regulate, and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. The 2019 Edition of the California Electrical Code is adopted with no amendments. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public.” SECTION 6. Section 8410 of Part 1 of Chapter 4 of Article VIII of the Arcadia Municipal Code is hereby amended to read in full as follows: 27 “8410. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Chapter, the City Council adopts, by reference, as the mechanical regulations for the City the California Mechanical Code, 2019 Edition, including Chapter 1 and with appendices, installation standards and State of California amendments applicable to local jurisdictions, published and adopted by the International Association of Plumbing and Mechanical Officials. The Code shall govern, regulate, and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. The 2019 Edition of the California Mechanical Code is adopted with no amendments. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public.” SECTION 7. Part 3, Chapter 5, Article VIII of the Arcadia Municipal Code is hereby amended to read as follows: “PART 3 ADDITIONS, DELETIONS AND AMENDMENTS 8530. AMENDMENTS, ADDITIONS AND DELETIONS. Chapter 31, Section 3109 of the 2019 California Building Code is amended to read as follows due to local climatic and topographical conditions: 8530.1. ADDITION. The definition of a safety barrier is added to Section 3109.4.4.1 in Chapter 31 of the 2019 California Building Code to read as follows: 28 Safety Barrier. Every person in possession of land, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, spa, or hot tub shall at all times maintain a safety barrier as hereinafter specified completely surrounding said swimming pool, spa or hot tub. Exception: Safety barriers for public pools shall comply with Chapter 31B, Division 1 of the California Building Code. 8530.2. ADDITION. Sections 3109.4.4.2.1, 3109.4.4.2.1.1, 3109.4.4.2.1.2, and 3109.4.4.2.1.3 are added to Chapter 31 of the California Building Code to read as follows: 3109.4.4.2.1. Swimming Pool, Spa and Hot Tub Permit Fees. Every applicant for a permit to install, alter, or repair a swimming pool, spa, hot tub or part thereof, shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information pertinent thereto as may be required. A fee for each swimming pool, spa or hot tub, including for plumbing and electrical systems, shall be paid to the City in an amount established by City Council Resolution. Any person who shall commence any swimming pool, spa or hot tub work for which a permit is required by this Code without having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by resolution of the City Council for such work, provided, however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit 29 therefore, before the commencement of the work. In all such cases, a permit must be obtained as soon as practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee shall be charged. 3109.4.4.2.1.1. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections have not been made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspection before the job is ready for reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring approval of the City. To obtain reinspection, the applicant shall file an application therefore in writing upon the form furnished for that purpose and pay the reinspection fee in accordance with the amount set by City Council Resolution. In instances where reinspection fees have been assessed, no additional inspection of the work shall be performed until the required fees have been paid. 3109.4.4.2.1.2. Plan Review Fees. Whenever plans, calculations or other data are required to be submitted, a plan review fee shall be paid to the City at the time of submitting documents for plan review in an amount set by City Council Resolution. When plans are incomplete or changed so as to require an additional review, a fee shall be paid to the City in an amount established by City Council Resolution. 30 3109.4.4.2.1.3. Board of Appeals. Appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the code shall be as specified in Arcadia Municipal Code Section 8130.2. 8530.3. AMENDMENT. The definition of "Swimming Pool" in Section 202 of Chapter 2 of the 2019 California Building Code is amended to read as follows: Swimming Pool - A swimming pool may be either: (a) a private swimming pool, or (b) a public swimming pool. (a) A private swimming pool shall mean any constructed or prefabricated structure that contains water eighteen (18) inches or more in depth, used in connection with a single-family residence and available to only the resident(s) of such residence or their private guests, whether designed, intended or used exclusively or principally for swimming or not. This includes any in-ground, aboveground, or on-ground swimming pools, hot tubs, spas or any open container or artificial body of water permanently or temporarily constructed or maintained upon any property, used in connection with a single-family residence and available to only the resident(s) of such residence or their private guests, whether designed, intended or used exclusively or principally for swimming or not. (b) A public swimming pool shall include any constructed or prefabricated structure that contains water eighteen (18) inches or more in depth, other than a private swimming pool, that is used exclusively or principally for swimming." 31 8530.3.1. ADDITION. The definition of a "Wading Pool" in Section 202 is added to Chapter2 of the 2019 California Building Code to read as follows: Wading Pool - Any constructed or prefabricated pool used for wading which is less than eighteen (18) inches in depth. 8530.3.2 ADDITION. Section 3109.4.4.3 of the 2019 California Building Code is added to read as follows due to local climatic and topographical conditions: 3109.4.4.3. Access gates shall be equipped to accommodate a locking device. Pedestrian-access gates shall open outward away from the swimming pool, spa or hot tub and shall be self-closing and self-latching. The release mechanism of the self-latching device shall be located not less than the sixty (60) inches above adjacent finished grade. Access gates shall not be constructed across a driveway, and double gates or motor operated gates shall not be used. A weather-proof, durable sign of not less than ½ inch high letters stating, "POOL AREA KEEP GATE CLOSED", shall be posted at all times on every access gate, for all public pools. 8530.4. ADDITION. Section 3109.7 is added to Chapter 31 of the 2019 California Building Code. 3109.7. Barrier Required 3109.7.1. The top of the barrier shall be at least sixty (60) inches above finished grade, as measured on the side of the barrier that faces away from the swimming pool, spa or hot tub. The maximum vertical clearance between finish grade and the bottom of 32 the barrier shall be four (4) inches, as measured on the side of the barrier that faces away from the swimming pool, spa, or hot tub. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches. 3109.7.2. Openings in the barrier shall not allow the passage of a four- (4) inch diameter sphere. 3109.7.3. Solid barriers that do not have openings, such as masonry or stonewalls, shall not contain indentations or protrusions except for tooled masonry joints. 3109.7.4. Where the barrier is composed of horizontal and vertical members and the distance between each of the horizontal member is less than 45 inches, the horizontal members shall be located on the swimming pool, spa or hot tub side of the fence and the spacing between each vertical member shall not exceed 1-¾ inches. 3109.7.5. Where the barrier is composed of horizontal and vertical members and the distance between each of the horizontal members is 45 inches or more, the spacing between each vertical member shall not allow the passage of a four- (4) inch diameter sphere. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed ¾ inches in width. 3109.7.6. Where chain link fencing is used, the maximum mesh size shall be 1-¼ inch square unless the fence is provided with slats fastened in place which reduces the openings to no more than 1-¾ inches. The chain link fence fabric shall be not less than 33 11-gauge material. Solid or dense landscaping shall not be used to meet the requirements of this section. 3109.7.7. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1- ¾ inches. 3109.7.8. Access gates shall comply with the requirements specified in Section 3109.6.1 —3109.6.7 above and, in addition, shall be equipped to accommodate a locking device. Pedestrian-access gates shall open outward away from the swimming pool, spa or hot tub and shall be self-closing and self-latching. The release mechanism of the self- latching device shall be located not less than the sixty (60) inches above adjacent finished grade. Access gates shall not be constructed across a driveway, and double gates or motor operated gates shall not be used. A weather-proof, durable sign of not less than ½ inch high letters stating, "POOL AREA KEEP GATE CLOSED", shall be posted at all times on every access gate. 3109.7.9. A building wall that serves as part of the barrier and allows access to the swimming pool, spa or hot tub through door openings shall comply with one of the following requirements: An alarm installed on all doors with direct access (1) to the swimming pool, spa or hot tub. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened and be loud enough to be heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to 34 temporarily deactivate the alarm for a single opening; such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the floor adjacent to the door opening. An alarm, which is incorporated into a general house alarm system, may be used to meet the requirements of this section providing the alarm is not connected to a central monitoring station and cannot be disabled. Self-closing and self-latching devices installed on (1) all doors with direct access to the swimming pool, spa or hot tub with the release mechanism located a minimum 54" above adjacent finished grade. 3109.7.10. Inspection. The swimming pool, spa or hot tub barrier, including pedestrian access gates and door alarms, shall be installed, inspected and approved prior to plastering or filling the swimming pool, spa, or hot tub with water. 3109.7.11. Indoor Swimming Pool, Spa or Hot Tub. An exterior door with direct access to an indoor swimming pool, spa, or hot tub shall comply with section 3109.6.9 above. 3109.7.12 LEGAL NON-CONFORMING SWIMMING POOLS, SPAS OR HOT TUBS. Every person in possession of land, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool, spa, or hot tub for which a permit was issued prior to June 19, 1992, shall at all times maintain a safety barrier completely surrounding said swimming pool, spa or hot tub, as follows: A substantial fence or other solid structure not (1) less than four (4) feet in height, as measured from the side of the fence that does not enclose the swimming pool, spa or hot tub area, shall be provided. The openings in the barrier shall not allow the passage of 35 a four- (4) inch diameter sphere and horizontal pickets that act as a latter shall not be used. Pedestrian access gates or door openings through the (2) barrier shall be equipped to accommodate a locking device and be self-closing and self-latching. The release mechanism of the self-latching device shall be located not less than forty-eight (48) inches above the adjacent finished grade. Access gates shall be not less than 48 inches in height and openings in the gate shall not allow the passage of a four- (4) inch diameter sphere. This section shall not apply to any door of the main dwelling unit located on the same legal lot as the swimming pool, spa or hot tub. Access gates shall not be constructed across any driveway and double gates or motor operated gates shall not be used. A weatherproof, durable sign of not less than one-half (½) inch high letters stating, "POOL AREA KEEP GATE CLOSED", shall be posted at all times on every access gate, for all public pools. 3109.7.12. DRAINAGE. A 3” P-trap shall be required on the premises for drainage of the pool. 3109.7.13. PLAN COMPLIANCE. All plans submitted to the City for the construction of a new swimming pool, spa or hot tub shall show compliance with the requirements of this Chapter, including the location and height of fencing and gates required by this Chapter. 3109.7.14. FINAL INSPECTION. Final approval of all swimming pools, spas, and hot tubs hereinafter constructed shall not be granted until all of the requirements specified in this chapter have been complied with. 36 8530.10. ADDITION [ADMINISTRATIVE]. Section 3109.8 is added to Chapter 31 of the California Building Code to read as follows: 3109.8. Demolition of a Swimming Pool, Spa or Hot Tub. A demolition permit shall be obtained from the City prior to the demolition of any swimming pool, spa, or hot tub. The permit applicant shall submit a plot plan indicating the location of the swimming pool, spa or hot tub and its associated equipment. Upon issuance of the demolition permit, the following requirements shall apply: 1. Gas piping serving the swimming pool, spa or hot tub equipment shall be terminated at the source of supply and removed. 2. Plumbing piping serving the swimming pool, spa, hot tub or equipment shall be terminated at the source of supply and removed. 3. Electrical wiring and conduit serving the swimming pool, spa, hot tub, or equipment shall be terminated at the source of supply and removed. 4. Electrical, plumbing and mechanical equipment serving the swimming pool, spa or hot tub shall be removed. 5. The sidewalls of the swimming pool, spa or hot tub shall be removed to a minimum depth of 6 inches below adjacent grade. 6. Two (2) 18-inch diameter holes shall be provided at the lowest elevation of the swimming pool, spa or hot tub floor. 7. The swimming pool, spa or hot tub shall be filled with clean soil or other approved material.” 37 SECTION 8. Section 8930 of Part 1, Chapter 11, Article VIII of the Arcadia Municipal Code is hereby amended to read as follows: “CHAPTER 11 RESIDENTIAL CODE PART 1 ADOPTION 8930. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Chapter, the City Council hereby adopts, by reference, as the residential building regulations for the City, the 2019 Edition of the California Residential Code (California Code of Regulations, Title 24), including Chapter 1. The Code shall govern, regulate and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public.” SECTION 9. Section 8950 of Part 3, Chapter 11, Article VIII of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: “8950. AMENDMENTS, ADDITIONS AND DELETIONS. The 2019 California Residential Code is amended to read as follows: 8950.1. AMENDMENT. Section R313.1 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: R313.1 Where required. Approved automatic extinguishing systems shall be 38 installed: 1. In all new R-2 occupancies. EXCEPTIONS: A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet. B) Pool houses, recreation rooms and similar accessory occupancies providing no portion of the exterior wall of the building is more than 150 feet from a public street. C) Other minor buildings and/or occupancies as approved by the Fire Chief. 2. In all existing Group R-2 Occupancies greater than 2500 square feet in living area when enlarged by an addition to the living area of the existing structure. EXCEPTIONS: A) Additions of areas that would not require sprinklers such as closets or bathrooms. 3. In all existing Group R-2 Occupancies equal to or less than 2500 square feet in living area, when enlarged by an addition to the living area of the existing structure, exceeds 2500 square feet in residential area. EXCEPTIONS: A) Additions of areas that would not require sprinklers such as closets or bathrooms. 8950.2. AMENDMENT. 39 Section R313.1.1 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: R313.1.1 Automatic residential sprinkler systems for R-2 occupancies shall be designed and installed in accordance with NFPA 13D or NFPA 13R as amended by the Arcadia Municipal Code. 8950.3. AMENDMENT. Section R313.2 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: R313.2. One- and two-family dwellings automatic fire systems. 1. In all new R-3 occupancies. EXCEPTIONS: A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet. B) Pool houses, recreation rooms and similar accessory R-3 occupancies providing no portion of the exterior wall of the building is more than 150 feet from a public street. C) Other minor buildings and/or occupancies as approved by the Fire Chief. 2. In all existing Group R-3 Occupancies greater than 2500 square feet in living area when enlarged by an addition to the living area of the existing structure. EXCEPTIONS: A) Additions of areas that would not require sprinklers such as closets 40 or bathrooms. B) Additions that occur without increasing the number of stories or increasing the horizontal projection of the first story roof. 3. In all existing Group R-3 Occupancies equal to or less than 2500 square feet in living area, when enlarged by an addition to the living area of the existing structure, exceeds 2500 square feet in residential area. EXCEPTIONS: A) Additions of areas that would not require sprinklers such as closets or bathrooms. B) Additions that occur without increasing the number of stories or increasing the horizontal projection of the first story roof. 8950.4. AMENDMENT. Section R313.2.1 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: R313.2.1 DESIGN AND INSTALLATION. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D as amended by the Arcadia Municipal Code. 8950.5. AMENDMENT. Section R313.3 of the 2019 California Residential Code is deleted in its entirety and amended to read as follows due to local climatic, geographical, and topographical conditions: 41 R313.3. DWELLING UNIT FIRE SPRINKLER SYSTEMS. Dwelling unit fire sprinkler systems shall be designed and installed in accordance with NFPA 13D or NFPA 13R as amended by this section. R313.3.1 NFPA 13R SPRINKLER SYSTEMS. Where allowed in buildings of Group R, up to and including buildings four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R with the following additions: A) Attics shall be fully sprinklered with quick-response intermediate temperature heads. B) Private garages shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-response intermediate temperature commercial type heads shall be used for the garage area. R313.3.2 NFPA 13D SPRINKLER SYSTEMS. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings shall be installed throughout in accordance with NFPA 13D with the following additions: A) Attics containing forced air units shall have one or more quick- response intermediate temperature sprinkler heads adjacent to each unit. B) Attached private garages shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick-response intermediate temperature commercial type heads shall be used for the garage area. C) Detached private garages over 1000 square feet in total area shall 42 be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of 2 heads. Quick-response intermediate temperature commercial type heads shall be used for the garage area. D) Residential structures under 5000 square feet in total area shall be designed for two (2) heads flowing in the residential area. Residential structures over 5000 square feet in total area shall be designed for four (4) heads flowing in the residential area. E) Attics and basements used for storage purposes shall be fully sprinklered with residential type heads. F) A single exterior bell activated by the waterflow switch shall be provided at an approved location. G) A representative sample of spare heads shall be provided at an approved location. 8950.5.1. AMENDMENT. Item 2 of Section R337.4.3 of the 2019 California Residential Code is hereby amended to read as follows: 2. Heavy timber construction per Chapter 6 of the 2019 California Building Code. 8950.5.2. AMENDMENT. Section 8950.5.2 is hereby deleted in its entirety and marked as “Reserved.” 8950.5.3. ADDITION. Section R337.9.2 of the 2019 California Residential Code is hereby amended to 43 read as follows: R337.9.2. Where Required. The walking surface material of decks, porches, balconies and stairs shall comply with the requirements of this Section when any portion of such surface is within fifty (50) feet of the building. 8950.8. AMENDMENT. Section R902.1 of the 2019 California Residential Code is amended as follows due to local climatic, geographical, and topographical conditions: R902.1. ROOFING COVERING MATERIALS. Roofs shall be covered with materials as set forth in Section R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this Section. Classes A or B roofing required by this Section to be listed shall be tested in accordance with UL 790 or ASTM E 108. EXCEPTIONS: 1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck. 2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks. 8950.7. AMENDMENT. Section R902.1.3 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 44 R902.1.3. ROOF COVERINGS WITHIN ALL OTHER AREAS. The entire roof covering of every existing structure where more than fifty (50%) percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B. 8950.8. AMENDMENT. Section R902.2 of Section R902 of the 2019 California Residential Code is amended to read as follows due to local climatic, geographical, and topographical conditions: R902.2. FIRE-RETARDANT-TREATED SHINGLES AND SHAKES. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.” SECTION 10. Chapter 12 of Article VIII of the Arcadia Municipal Code is hereby amended to read as follows: “CHAPTER 12 DANGEROUS BUILDINGS PART 1 ADOPTION 8960. ADOPTION Subject to certain changes and amendments as hereinafter set forth in this 45 Chapter, the City Council hereby adopts, by reference, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the International Code Council. The Code shall govern, regulate and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public. PART 2 PURPOSE 8970. PURPOSE The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Arcadia and certain equipment specifically regulated herein.” SECTION 11. Chapter 13 of Article VIII of the Arcadia Municipal Code is hereby amended as follows: “CHAPTER 13 LOS ANGELES COUNTY GRADING CODE PART 1 ADOPTION 8980. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Chapter, the City Council hereby adopts, by reference, Appendix J of the Los Angeles County Building Code amending the 2019 California Building Code. The Code shall govern, regulate and control all of the activities therein referred to and the same is made 46 a part of this Chapter as though set forth in this Chapter in full. One (1) copy of said Code is on file in the office of the City Clerk for use and examination by the public.” SECTION 12. Chapter 14 of Article VIII of the Arcadia Municipal Code is hereby amended as follows: “CHAPTER 14 CALIFORNIA GREEN BUILDING STANDARDS CODE PART 1 ADOPTION 8990. ADOPTION. Subject to certain changes and amendments as hereinafter set forth in this Chapter, the City Council hereby adopts, by reference, the California Green Building Standards Code. The Code shall govern, regulate and control all of the activities therein referred to and the same is made a part of this Chapter as though set forth in this Chapter in full. One (1) copy of said Code is on file in the office of the Building Official for use and examination by the public. PART 2 PURPOSE 8991. PURPOSE. The purpose of this Code is to improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories: 47 1. Planning and design. 2. Energy efficiency. 3. Water efficiency and conservation. 4. Material conservation and resource efficiency. 5. Environmental quality.” SECTION 13. The City Council finds that it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. City staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance. SECTION 14. Transmittal. The Building Official shall transmit a copy of this Ordinance to the California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. SECTION 15. Recession. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or of the codes adopted by this Ordinance and any other ordinance in conflict herewith are hereby repealed. SECTION 16. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, 48 paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 17. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 18. The City Clerk shall certify to the adoption of the Ordinance and shall cause a copy of same or summary thereof to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. Passed, approved and adopted this _______ day of _______________, 2019. _________________________ Mayor of the City of Arcadia ATTEST: _______________________ City Clerk APPROVED AS TO FORM: _______________________ Stephen P. Deitsch City Attorney 49 EXHIBIT “A” FINDINGS OF FACT Pursuant to the 2019 Edition of the California Building Code Preface, the repost contained herein shall be submitted as the Findings of Fact document with regard to Article III of the City of Arcadia Municipal Code, Ordinance No. 2366 as adopted by the City of Arcadia. Under this Ordinance specific amendments have been established, which are more restrictive in nature than those sections adopted by the California Building Standards Code. The amendments to the California Building Code, 2019 Edition have been recognized by the City of Arcadia to address the Building problem(s) and maintain an environment, which will afford a level of fire and life safety to its citizens and guests. Under provisions of California Building Code Preface, local amendments shall be based on climate, geographical or topographical conditions. The Findings of Facts contained herein shall address each of these situations and shall present the local situation, which singularly or in combination cause the established amendments to be adopted. Climate: The City of Arcadia is located in the County of Los Angeles, and is subject to long periods of dry, hot and windy climates, which increase the chance of a fire occurring and predispose the City to large destructive fires. Theses dry climate conditions and winds contribute to the rapid spread of even small fires originating in moderate density housing or vegetation. These fires spread very quickly and create a need for increased levels for fire prevention and protection. The added protection will supplement normal fire department response available and provide immediate protection for life and safety of occupants during fire occurrences. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drowning where pools are unprotected. Geographical: The geographic layout and contours of the City of Arcadia create barriers for accessibility for fire suppression forces. Due to the City’s close proximity to major fault lines, there is a significant possibility for multiple fires spreading out of control due to ruptured gas lines and multiple structural collapses. Because of the major earthquake hazard, and due to some older nonconforming buildings, it is necessary during the new construction or building renovation to use the City ordinance to control and minimize conditions hazardous to life and property, which may result from fire, hazardous materials or an explosion. Topographical: The water supply (domestic and fire flow) system within the City is directly affected by the topographical layout of Arcadia. The distribution system consists of high-low pressure and gravity systems zones, which carry the water from various reservoirs and storage tanks to different zones via water pipes. These street mains consist of high-pressure lines and low pressure lines where the pressure and flows are 50 adequate in most of the areas of the city. There are certain areas in the southern portion of the City with static pressures of 40 psi., and in the northern portion as low as 20 psi. This variation of pressure causes major problems to development, as well as fire suppression forces. As a result of the Findings of Fact, which identified the various climatic, geographical, and topographical elements, the requirements established by the City of Arcadia Building Department within the adopted Ordinance No. 2366 are considered reasonable and necessary modifications to the California Building Code based upon local conditions. While it is clearly understood that the adoption of such regulations may not prevent the incidents of fire, and/or structural failure it is further noted that with the implementation of these various regulations and/or requirements it may serve to reduce the severity and potential loss of life and property. The City of Arcadia Building Department submits these Findings of Fact and request acceptance of these as defined in the California Building Code Preface. Prepared and submitted by: Kenneth Fields, City of Arcadia Building Official DATE: November 19, 2019 TO: Honorable Mayor and City Council FROM: Michael E. Lang, Fire Chief By: Mark Krikorian, Fire Marshal SUBJECT: ORDINANCE NO. 2367 AMENDING ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO FIRE REGULATIONS AND ADOPTING BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA FIRE CODE IN ITS ENTIRETY, INCLUDING CHAPTER 4, AND APPENDICES B, C, D, K, AND O BASED ON THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO Recommendation: Introduce Ordinance No. 2367 and set the public hearing for December 17, 2019 SUMMARY The Fire Department is proposing amendments to the Arcadia Municipal Code relating to Fire Code regulations in order to comply with current State requirements and update administrative and technical standards. The last amendment to the City’s Fire Code was adopted in December 6, 2016, through Ordinance No. 2343. It is recommended that the City Council introduce Ordinance No. 2367 amending Article III of the Arcadia Municipal Code relating to fire regulations and set the public hearing for December 17, 2019, (see attached Ordinance No. 2367, and Findings of Fact attached as Exhibit “A”). BACKGROUND Every three years, the State of California adopts new model codes to establish uniform standards for the construction and maintenance of buildings, plumbing systems, mechanical systems, electrical systems, and fire or life safety systems. Pursuant to California Health and Safety Code Section 18941.5, local jurisdictions are mandated to adopt such State codes within 180 days after publication of the Code by the California Building Standards Commission. Prior to adoption, amendments to the State codes may Ordinance No. 2367 - Introduce 2019 California Fire Code Adoption November 19, 2019 Page 2 of 3 be incorporated by the local jurisdiction based on local climatic, geologic, and/or topographic conditions per Section 17958.7 of California’s Health and Safety Code. The “Findings of Fact”, included as Exhibit “A” to the Ordinance, delineates the staff’s requisite findings on the City’s climatic, geologic or topographic conditions and, is incorporated, as part of the proposed Ordinance No. 2367. Additionally, due to the State’s requirements, staff has reviewed all of the City’s proposed technical code amendments to verify that they meet the intent of the California Health and Safety Code. DISCUSSION The Arcadia Fire Department is proposing to adopt the 2019 California Fire Code (“CFC”) in its entirety with technical amendments and additions. These technical amendments and additions are deemed necessary to maintain the current level of protection throughout the City provided with the current Fire Code. No notable changes have been made to the technical amendments for the 2019 California Fire Code. Pursuant to California Health and Safety Code Section 18941.5, administrative or procedural amendments to the codes that do not relate to building standards are not subject to justification by local climatic, geologic, or topographic conditions. The following summarizes the proposed new administrative amendments: 2019 California Fire Code Amendments 1. CFC 105.6.30 – The permit requirement for mobile food preparation vehicles has been removed. Mobile food preparation vehicles are currently regulated by Ordinance 2303. 2. CFC 319 – This section regarding mobile food preparation vehicles has been removed. Mobile food preparation vehicles are currently regulated by Ordinance 2303. ENVIRONMENTAL ANALYSIS The proposed amendments to the Arcadia Municipal Code will not have a potential for causing a significant effect on the environment, and this activity is therefore exempt from the California Environmental Quality Act (“CEQA”) per Section 15061(b)(3) of the CEQA Guidelines. Ordinance No. 2367 - Introduce 2019 California Fire Code Adoption November 19, 2019 Page 3 of 3 PUBLIC NOTICE/COMMENTS Adoption of Fire Codes requires a public hearing after the initial introduction of the proposed Ordinance. It is recommended that a public hearing be scheduled for the December 17, 2019, City Council meeting. In anticipation of this hearing date, a notice of public hearing will be published in the Arcadia Weekly newspaper on December 2, 2019, and December 9, 2019. FISCAL IMPACT The adoption of the codes and amendments will have no fiscal impact on the City. RECOMMENDATION It is recommended that the City Council: 1. Introduce Ordinance No. 2367 amending Article III of the Arcadia Municipal Code relating to fire regulations and adopting by reference the 2019 Edition of the California Fire Code in its entirety, including Chapter 4 and Appendices B, C, D, K, and O based on the 2018 Edition of the International Fire Code published by the International Code Council; together with certain additions, insertions, deletions and changes thereto; and 2. Set the public hearing for December 17, 2019. Attachment: Ordinance No. 2367 (Findings of Fact attached as Exhibit “A”) 1 ORDINANCE NO. 2367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO FIRE REGULATIONS AND ADOPTING BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA FIRE CODE IN ITS ENTIRETY, INCLUDING CHAPTER 4 AND APPENDICES B, C, D, K, AND O BASED ON THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL ; TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO WHEREAS, pursuant to Government Code Section 50022.1 et seq. the City may adopt by reference the California Building Standards Code, 2019 Edition as provided in Title 24 of the California Code of Regulations, which includes the California Fire Code; and WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2019 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City of Arcadia desires to adopt the 2019 Edition of the California Fire Code in its entirety, including Appendix Chapter 4 and Appendices B, C, D, K, and O based on the 2018 Edition of the International Fire Code published by the International Code Council, together with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and 2 WHEREAS, the City Council conducted first reading of this Ordinance on November 19, 2019; and WHEREAS, notice of a public hearing on this ordinance was published in the Arcadia Weekly on December 2, 2019 and December 9, 2019; and WHEREAS, the City Council held a public hearing on December 17, 2019, as required by law, at which time the Council determined that the adoption of the Codes and amendments thereto are in the best interest of the City and are based on the findings required by law; and WHEREAS, at least one copy of each of the Codes adopted by reference by this ordinance were available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the amendments and additions to the California Fire Code herein are supported by Findings of Fact which are attached hereto as Exhibit “A” and incorporated herein as part of this Ordinance. SECTION 2. Section 3121 of Division 1, Part 2, Chapter 1, Article III of the Arcadia Municipal Code is hereby amended to read as follows: “3121. CALIFORNIA FIRE CODE ADOPTION. Subject to the exception of the deletions or additions hereinafter set forth, and further subject to the amendments hereinafter specified, there is adopted by reference for the City of Arcadia the 2019 Edition of the California Fire Code, including Chapter 4 and Appendices B, C, D, K, and O based on the 2018 Edition of the International Fire 3 Code published by the International Code Council, and the foregoing shall constitute the Fire Code of the City of Arcadia. One (1) copy of said code is on file in the office of the City Clerk for use and exami- nation by the public.” SECTION 3. Sections 3124, 3124.1, 3124.2, 3124.3, 3124.4, 3124.5, 3124.6, 3124.7, 3124.8, and 3124.9 of Division 4, Part 2, Chapter 1, of Article III are hereby amended in their entirety to read as follows: “3124. AMENDMENTS AND ADDITIONS. The California Fire Code is hereby amended to read as follows: 3124.1. AMENDMENT. Section 105.6.27 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 105.6.27 LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. Exception: A permit is not required for individual containers with a 500 -gallon water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons, used exclusively for emergency power generation and serving occupancies in Group R -3 not located in the Wildland -Urban Interface Area. 2. Operation of cargo tankers that transport LP -gas. 4 3124.2. AMENDMENT. Section 202 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topological conditions: Business Group B Training and skill development not in a school or academic program (this shall include, but not be limited to, martial arts studios, gymnastics and similar uses regardless of the ages served, and where not classified as a Group A occupancy). 3124.3. AMENDMENT. Section 903.2 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.2. Where required. Approved automatic extinguishing systems shall be installed: 1. In all new buildings regardless of the type of construction or occupancy. EXCEPTIONS: A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet. B) Pool houses, recreation rooms, and similar accessory R -3 occupancies providing no portion of the exterior wall of the building is more than 150 feet from a public street. C) Other minor buildings and/or occupancies as approved by the Fire Chief. 2. In existing buildings with new occupancies as required by other sections of the Fire Code. 5 3124.4. AMENDMENT. Section 903.2.18 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.2.18. Group U garages and carports accessory to Group R -3 occupancies. Carports with habitable space above, detached private garages over 1000 square feet in area, and attached private garages shall be protected by fire sprinklers in accordance with this section. These areas shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick -response intermediate temperature commercial type heads shall be used. 3124.5. AMENDMENT. Section 903.3.1.3 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.3.1.3. NFPA 13D SPRINKLER SYSTEMS. Where allowed, automatic sprinkler systems installed in one - and two-family dwellings shall be installed throughout in accordance with NFPA 13D with the following additions: A) Attics containing forced air units shall have one or more quick -response intermediate temperature sprinkler heads adjacent to each unit. B) Attached private garages shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick - response intermediate temperature commercial type heads shall be used for the garage area. 6 C) Detached priva te garages over 1000 square feet in total area shall be sprinklered and shall have a design density of an Ordinary Hazard Group 1 occupancy with a design area of two (2) heads. Quick -response intermediate temperature commercial type heads shall be used for the garage area. D) Residential structures under 5000 square feet in total area shall be designed for two (2) heads flowing in the residential area. Residential structures over 5000 square feet in total area shall be designed for four (4) heads flowing in the residential area. E) Attics and basements used for storage purposes shall be fully sprinklered with residential type heads. F) A single exterior bell activated by the waterflow switch shall be provided at an approved location. G) A representative sample of spare heads shall be provided at an approved location. 3124.6. AMENDMENT. Section 903.4.2 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical conditions: 903.4.2. ALARMS. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic fire sprinkler system shall actuate the building fire alarm system. Approved audible notification appliances shall be provided in the interior of the building at locations required by the Fire Chief. 7 3124.7. AMENDMENT. Section 1103.2 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographical condit ions: 1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following: 1. Wherever an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception 1. 2. Whenever total additions result in an increase of more than 5000 square feet in the total floor area, including mezzanines or additional stories, regardless of ownership. Additions shall be cumulative with each applicat ion for building permit from January 1, 2011. 3. Whenever the value of alterations requiring permits exceed $500,000 in valuation. Alteration values shall be cumulative with each application for a building permit from January 1, 2011. 3124.8. AMENDMENT. Section 1103.5 of the California Fire Code is amended to read as follows due to local climatic, geographical, and topographic conditions: 8 1103.5 EXISTING BUILDINGS. An approved automatic fire sprinkler system shall be installed in existing buildings, inclu ding any additions thereto, in the occupancies and buildings as set forth in this section. 1. In all commercial and industrial buildings greater than 5000 square feet in area when enlarged by an addition to the existing structure or as required by the Fire Chief. 2. In all commercial and industrial buildings equal to or less than 5000 square feet in area, when enlarged by an addition to the existing structure, exceeds 5000 square feet or as required by the Fire Chief. 3. In all Group R-1 or R-2 Occupancies when an addition results in additional guestrooms or dwelling units. 4. In all Group R-3 Occupancies greater than 2500 square feet in living area when enlarged by an addition to the living area of the existing structure. EXCEPTIONS: 1) Additions of areas t hat would not require sprinklers such as closets or bathrooms. 2) Additions that occur without increasing the number of stories or increasing the horizontal projection of the first story roof. 5. In all Group R-3 Occupancies equal to or less than 2500 square feet in living area, when enlarged by an addition to the living area of the existing structure, exceeds 2500 square feet in residential area. EXCEPTIONS: 1) Additions of areas that would not require sprinklers such as closets or bathrooms. 9 2) Additions that occur without increasing the number of stories or increasing the horizontal projection of the first story roof. 6. In existing buildings for new occupancies as required by other sections of the Fire Code. 3124.9. AMENDMENT. Section O101.2 of the California Fire Code is amended to read as follows: O101.2 Permits. An operational permit shall be required for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2. EXCEPTION: Haunted houses, ghost walks, or similar amusement uses in Group R-3 occupancies.” SECTION 4. Division 4, Part 2, Chapter 1 of Article III of the Arcadia Municipal Code is hereby amended by amending Sections 3124.10, 3124.11, 3124.12, 3124.13, and 3124.14 and adding Sections 3124.15 and 3 124.16 to read in their entirety as follows: “3124.10. ADDITION. Section 5608.2 is added to Chapter 56 of the California Fire Code to read as follows due to local climatic conditions: 5608.2. FIREWORKS PROHIBITED. No person shall sell, display for sale, possess, store, or manufacture, use, light, fire, discharge, explode or set off any fireworks, including "Safe and Sane" fireworks anywhere within the City, except as allowed by the Fire Chief. 10 3124.11. ADDITION. Section 6112 is hereby added to the Calif ornia Fire Code to read as follows: The use of liquefied petroleum gas for emergency power generation for Group R -3 occupancies located in the Wildland -Urban Interface area shall comply with the following: 1. All individual containers shall be a maximum si ze of 500-gallon (1893 L) water capacity. Multiple container systems shall not exceed 500 -gallons (1893 L) in aggregate quantity. 2. A minimum 10 foot setback shall be maintained between the tank and all buildings in perpetuity. All future developments on the property shall be subject to this requirement. 3. Signage shall be provided on the tank indicating its contents and also warning of "NO SMOKING WITHIN 25 FEET". 4. Weeds, grass, brush, trash, and other combustible materials shall be kept a minimum of 10 feet from the tank. 5. A minimum 6A:80BC fire extinguisher shall be provided within 50 feet of the tank. It shall be the applicant's responsibility to have the fire extinguisher serviced by a qualified contractor on an annual basis. 6. During refueling, the LP tank vehicle shall not be left unattended at any time. 3124.12. ADDITION [ADMINISTRATIVE]. Section 105.1.7 is added to the California Fire Code to read as follows: 11 When the application for a permit under this section is filed, a n on-refundable fee as adopted by City Council Resolution shall be paid for the purpose of recovering the cost of services provided. 3124.13. DELETION [ADMINISTRATIVE]. Section 103.2 is hereby deleted from the California Fire Code without replacement. 3124.14. ADDITION [ADMINISTRATIVE]. Section 104.12 is added to the California Fire Code to read as follows: 104.12. COST RECOVERY. Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Buildin g Code, or any other applicable law, ordinance or regulation, the cost of mitigating and securing any emergency that is within the responsibility of the Fire Chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency. Damages and expenses incurred by any public agency providing mutual aid shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up. 12 3124.15. DELETION [ADMINISTRATIVE]. Section 105.6.30 is hereby deleted from the California Fire Code without replacement. 3124.16. DELETION [ADMINISTRATIVE]. Section 319 is hereby deleted from the California Fire Code without replacement. SECTION 5. Division 5, Part 2, Chapter 1 of Article III of the Arcadia Municipal Code is hereby amended by amending Sections 3125 and 3125.1 to read in their entirety as follows: “DIVISION 5. - APPEALS AND PERMITS 3125. AMENDMENT [ADMINISTRATIVE]. Section 109 of the California Fire Code is amended to read as follows: Appeals. Whenever the Chief disapproves an application or refuses to grant a permit, the applicant may appeal from the decision of the Ch ief to the City of Arcadia Building/Fire Code Appeals Board within thirty (30) days from the date of the decision being appealed. 3125.1. AMENDMENT [ADMINISTRATIVE]. Section 109 of the California Fire Code is amended by adding the following paragraph: Appeals Procedure. The City of Arcadia Building/Fire Code Appeals Board shall not consider any such appeal unless the matter has come to the attention of the Chief and he has rendered a decision in writing. Any appeal to the board shall be made by the 13 affected person or his agent in writing in the form and manner as prescribed by the Chief and as specified in Arcadia Municipal Code section 8130.2.” SECTION 6. Parts 4 and 5 of Chapter 1 of Article III of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: “PART 3. - WILDLAND-URBAN INTERFACE FIRE AREA 3130. CREATION The City shall designate areas within the City boundaries that are at a significant risk from wildland fires. Such areas shall be designated Wildland -Urban Interface Areas. 3130.1. WILDLAND-URBAN INTERFACE FIRE AREA BOUNDARIES. The boundaries of the Wildland -Urban Interface Area shall be the same as the Very High Fire Hazard Severity Map as produced by the California Department of Forestry and Fire Protection. 3130.2. - 3130.3. - PART 4. - SPECIAL REGULATIONS DIVISION 1. FLAMMABLE AND EXPLOSIVE MATERIAL 3141. STORAGE OF FLAMMABLE LIQUIDS. Storage of flammable liquids in outside aboveground tanks is prohibited within the boundaries of the City as the same now exist or as the same may at any time hereafter 14 exist. Aboveground tanks may be permitted on a case by case basis with approva l of the Chief. 3141.1. NEW BULK PLANTS PROHIBITED. The limits in which new bulk storage of liquefied petroleum gas is restricted are established as the boundaries of the City. 3141.2. SAME. All real property which has been or may hereafter be classified as, changed to or placed in Zones R-M, R-O, R-1, R-2 or R-3 shall be limited to the storage of a maximum of the equivalent to ten (10) gallons of water capacity outdoors and five (5) gallons of water capacity in either free standing or attached accessory structures. 3141.3. SAME. EXCEPTIONS. 1) Individual containers with a 500 -gallon water capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons, used exclusively for emergency power generation and se rving occupancies in Group R -3. 2) The City Council may, upon written application, and after receipt of the report and recommendation of the Chief, after finding upon the evidence received that the public health, safety and welfare will not be jeopardized, alter the limits fixed by any of the preceding section. 3142. HAZARDOUS MATERIALS ABATEMENT. Clean up or abatement; liability for cost. 15 3142.1. SAME. The Fire Department is authorized to abate or cause to be cleaned up the effects of any hazardous material deposited upon or into any property or facilities in the City; and any such person or persons responsible for such property or who intentionally, negligently or otherwise caused such deposit shall be liable for the payment of all such cost incurred by the Fire Department as a result of such cleanup or abatement activity. The remedy provided by this part shall be in addition to any other remedies provided by law. 3142.2. SAME. For the purposes of this part, "Hazardous Materials" shall be defined as any substance or materials in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of t he environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, unstable or toxic materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, pesticides, flammables and corrosiv es. 3142.3. SAME. For purposes of this part, cost incurred by the Fire Department shall include, but shall not necessarily be limited to the following: actual labor costs of City personnel, including workers compensation benefits, fringe benefits, adminis trative overhead, cost of equipment operations, cost of materials obtained directly by the City and cost of any contract labor, equipment and materials as necessary to clean up and abate the hazard. 16 3142.4. SAME. The authority to recover costs under this part shall not include actual fire suppression services which are normally or usually provided by the Fire Department.” SECTION 7. The City Council finds that it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. City staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance. SECTION 8. Transmittal. The Building Official shall transmit a copy of this Ordinance to the California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. SECTION 9. Recession. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or of the codes adopted by this Ordinance and any other ordinance in conflict herewith are hereby repealed. SECTION 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 11. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. 17 SECTION 12. The City Clerk shall certify to the adoption of the Ordinance and shall cause a copy of same or summary thereof to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this _______ day of _________________, 2019. _________________________ Mayor of the City of Arcadia ATTEST: _______________________ City Clerk APPROVED AS TO FORM: _______________________ Stephen P. Deitsch City Attorney 18 EXHIBIT “A” FINDINGS OF FACT Pursuant to the 2019 Edition of the California Fire Code Preface, the report contained herein shall be submitted as the Findings of Fact document with regard to Article III of the City of Arcadia Municipal Code, Ordinance No. 2367, as adopted by the City of Arcadia. Under this adopting Ordinance specific amendments have been established, which are more restrictive in nature than those sections adopted by the California Building Standards Code. The amendments to the California Fire Code, 2019 Edition have been recognized by the City of Arcadia to address the fire problem(s), concern(s) and future direction(s) by which this City can establish and maintain an environment, which will afford a level of fire and life safety to its citizens and guests. Under the provisions of California Fire Code Preface, local amendments shall be based on climatic, geographical or topographical conditions. The Findings of Facts contained herein shall address each of these situations and shall present the local situation, which singularly or in combination cause the established amendments to be adopted. Climatic: The City of Arcadia is located in the County of Los Angeles, and is subject to long periods of dry, hot and windy climates, which increase the chance of a fire occurring and predispose the City to large destructive fires. These dry climatic cond itions and winds contribute to the rapid spread of even small fires originating in moderate density housing or vegetation. These fires spread very quickly and create a need for increased levels for fire prevention and protection. Geographical: The geographic layout and contours of the City of Arcadia create barriers for accessibility for fire suppression forces. Due to the City's close proximity to major fault lines, there is a significant possibility for multiple fires spreading out of control due to ruptured gas lines and multiple structural collapses. Because of the major earthquake hazard, and due to some older nonconforming buildings, it is necessary during the new construction or building renovation to use the City ordinance to control and minimize conditions hazardous to life and property, which may result from fire, hazardous materials or an explosion. Topographical: The water supply (domestic and fire flow) system within the City is directly affected by the topographical layout of Arcadia. The dist ribution system consists of high-low pressure and gravity systems zones, which carry the water from various reservoirs and storage tanks to different zones via water pipes. These street mains consist of high-pressure lines and low pressure lines where the pressure and flows are adequate in most of the areas of the city. There are certain areas in the southern portion of the City with static pressures of 40 psi, and in the northern portion as low as 20 psi. This variation of pressure causes major problems to development, as well as fire suppression forces. 710 S Santa (626) 574-5100 (626) 446-7410 19 As a result of the Findings of Fact, which identified the various climatic, geographical, and topographical elements, the requirements established by the City of Arcadia Fire Department within the adopted Ordinance No. 2367 are considered reasonable and necessary modifications to the California Fire Code based upon local conditions. While it is clearly understood that the adoption of such regulations may not prevent the incidents of fire, it is further noted that with the implementation of these various regulations and/or requirements it may serve to reduce the severity and potential loss of life and property. The City of Arcadia Fire Department submits these Findings of Fact and request acceptance of these as defined in the California Fire Code Preface. Prepared and submitted by: Mark Krikorian, Fire Marshal