RECOMMENDATION(S): (CONT'D)
2. ADOPT Ordinance No. 2010-15, adopting the 2010 California Fire Code, with changes, additions, and deletions.
3. ADOPT the attached findings in support of the changes, additions, and deletions to the 2010 California Fire Code.
4. DIRECT the fire district, pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2010-15, the attached findings, and this Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission.
5. AUTHORIZE the preparation of an ordinance summary by County Counsel and the publication of the summary in accordance with Government Code section 25124.
FISCAL IMPACT:
The fiscal impact is neutral. The adoption of this ordinance will provide the administrative authority to enforce the provisions of the California Fire Code as amended.
BACKGROUND:
The California Building Standards Commission has adopted and published the 2010 Building Standards Code, which includes the 2010 California Fire Code prepared and adopted by the State Fire Marshal. The statewide code becomes effective January 1, 2011.
Although the code applies statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide code and establish more restrictive standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological or topographical conditions. Ordinance No. 2010-15 adopts the 2010 California Fire Code and amends it to address local conditions.
The attached ordinance amends the 2010 California Fire Code by establishing automatic sprinkler system requirements that are more restrictive than the sprinkler requirements in the statewide code. The more restrictive requirements are necessary due to Contra Costa County’s climatic, geological and topographical conditions, which impact fire prevention efforts and the frequency, spread, acceleration, intensity and size of fire involving buildings. The automatic sprinkler system requirements are set forth in Section 903.2 of the attached ordinance.
The fire district’s existing weed abatement program is incorporated into Section 318 of the ordinance. This program authorizes the fire districts to declare certain weeds that pose a fire hazard as a public nuisance, to abate those weeds, and to recover abatement costs from property owners.
Chapter 5 and Appendix D of the ordinance establish requirements for fire apparatus access roads, including requirements for turnouts, parking on access roads, and maximum grades.
Section 605.11 of the ordinance establishes installation requirements for photovoltaic panels on certain structures.
Notice of the public hearing was published in accordance with Government Code section 6066. A summary of the ordinance is being prepared and published in accordance with Government Code section 25124(b).
CONSEQUENCE OF NEGATIVE ACTION:
Without the adoption of the 2010 California Fire Code (CFC) with local amendments, the Fire District will not have the legal authority to enforce any exterior hazard abatement standards or the ability to conduct fire and life safety inspections in occupancies other than high-rise buildings, schools, hotels, motels, apartments, and day care facilities. In addition, without adoption of the CFC, occupancies that conduct operations such as the production, storage, and sale of hazardous materials, places of assembly, and the review of construction documents and testing of fire protection and fire alarm systems would no longer be regulated by the Fire District.
Furthermore, adoption of the 2010 CFC is necessary to continue allowing the Fire District to collect fees to recover the costs of providing fire prevention related services. Without adoption of the CFC, as amended, the Fire District general fund revenues would be required to provide the fiscal support necessary to fund the positions currently supported by operational permit and inspection fees and new construction plan review fees. This would result in a decrease in the amount of general fund revenues available for conducting emergency response activities or critical fire prevention services and personnel would need to be reduced or eliminated.
CHILDREN'S IMPACT STATEMENT:
Not Applicable.
CLERK'S ADDENDUM
CLOSED the public hearing; ADOPTED Ordinance No. 2010-15, adopting the 2010 California Fire Code, with changes, additions, and deletions; ADOPTED the findings in support of the changes, additions, and deletions to the 2010 California Fire Code;DIRECTED the fire district, pursuant to Health and Safety Code section 17958.7, to send a certified copy of Ordinance No. 2010-15, with findings, and this Board Order to the California Department of Housing and Community Development and to the California Building Standards Commission; and AUTHORIZED the preparation of an ordinance summary by County Counsel and the publication of the summary in accordance with Government Code section 25124.