Loading...
HomeMy WebLinkAboutAgenda Report - February 16, 2022 H-02AGENDA ITEM H402 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Title 15 — Buildings and Construction by Repealing and Reenacting Chapter 15.20 — Fire Code In Its Entirety MEETING DATE: PREPARED BY: February 16, 2022 Fire Chief RECOMMENDED ACTION Introduce ordinance amending Lodi Municipal Title 15 — Buildings and Construction by repealing and reenacting Chapter 15.20 — Fire Code in its entirety BACKGROUND INFORMATION: The State of California adopts codes relating to buildings, fire and life safety, and associated codes on a three year cycle. During a recent review of Lodi Municipal Title 15, which typically mirrors the California State Fire Code, it was discovered that the section numbers did not match the most recent fire code updates. FISCAL IMPACT: Attachment Signature: — lb .�. Email: sschwabauer@lodi.gov None u� Ken Johnson Fire Chief APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL TITLE 15 – BUILDINGS AND CONSTRUCTION BY AMENDING SECTIONS OF CHAPTER 15.20 - FIRE CODE TO REFLECT THE CURRENT CODE CITATION NUMBERS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS SECTION 1. Lodi Municipal Code Section 15.20.140 "Electrical Equipment, Wiring and Hazards – Electrical Disconnect." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.140 Electrical Equipment, Wiring and Hazards—Electrical Disconnect. Section 60,51- 604 of the California Fire Code is hereby amended to add the following: All buildings constructed after July 1, 2005, shall have main electrical shut off accessible to the exterior of the structure. This may be accomplished by placing the shut off on the building exterior, an electrical room with a door leading directly to the exterior or a remote electrical (shunt) switch on the building exterior. Breakaway locks are allowable for security. SECTION 2. Lodi Municipal Code Section 15.20.190 "Fire Alarm and Detection Systems – Certification." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.190 Fire Alarm and Detection Systems—Certification. Section 9nom 907.1.3 of the California Fire Code is hereby amended to add the following: The permittee shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all required fire alarm systems indicating that the system has been installed in accordance with the approved plans and specifications and meets National Fire Protection Association Standards. Certification shall be required for all new systems to be installed after July 1, 2003. All existing systems must obtain certification in a timely manner, as approved by the Fire Code Official. A copy of the certification shall be provided to the Fire Code Official at no cost. SECTION 3. Lodi Municipal Code Section 15.20.200 "Precautions Against Fire – Open Burning Construction Sites." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.200 Precautions Against Fire—Open Burning Construction Sites. Section 33043 3304.4 of the California Fire Code is hereby amended to add the following: No fire shall be permitted to burn on any construction site for any purpose. This section is not intended to prohibit the use of devices or tools producing a flame when used in an approved manner and necessary for the construction of the building. SECTION 4. Lodi Municipal Code Section 15.20.280 "Permits – Required Fees." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: Page 1 of 5 15.20.280 Permits—Required Fees. Chapter 1, Division Il, Part 2 - Section I 12 2 106.2 of the California Fire Code is hereby amended to add the following: The fee for each permit shall be as set forth from time to time by resolution of the Lodi City Council. The City may establish fees sufficient to recover its costs in administering this Code. No permit shall be issued until such fees have been paid, and administrative citations may be issued to persons violating this Code by the persons allowed to issue citations as stated in Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions. SECTION 5. Lodi Municipal Code Section 15.20.325 "Board of Appeals." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.325 Board Of Appeals. Chapter 1, Division II, Part 2 - Section 108-109 of the California Fire Code is hereby amended to read as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Fire Code Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Fire Code Official with the other copy to the applicant. SECTION 6. Lodi Municipal Code Section 15.20.330 "Violations – Administrative Enforcement Provisions." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.330 Violations—Administrative Enforcement Provisions. Chapter 1, Division II, Part 2 - Section 1 n�110.2 and 109 110.3 of the California Fire Code is hereby amended to read as follows: Notices of violation, citation, or penalties shall comply with Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions with the following terminology changes or deletions wherever stated in Chapter 1.10. (a) Whenever the word "Community Improvement Officer" is used, it shall mean the Fire Code Official. (b) Whenever the word "Department of Public Safety" is used, it shall mean the Lodi Fire Department. (c) Whenever the word "Community Development Director" or "Director" is used, it shall mean the Fire Chief or his designee. (d) Whenever the word "Uniform Codes" is used, it shall mean the California Fire Codes. (e) Section 1.11.260E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes) as it pertains to residential dwellings. Page 2 of 5 SECTION 7. Lodi Municipal Code Section 15.20.340 "Violations – Abatement of Hazard by Fire Code Officials." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.340 Violations—Abatement of Hazard by Fire Code Official. Chapter 1, Division II, Part 2 - Section 110 3 1 110.3.2 of the California Fire Code is hereby amended to add the following: If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant, or other person responsible within a reasonable time, the Fire Code Official or his or her authorized representative may take such steps as are necessary to abate the hazard for the protection of the public health and safety. No event notice is necessary before abatement when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property. SECTION 8. Lodi Municipal Code Section 15.20.350 "Unsafe Buildings – Structural Fires." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.350 Unsafe Buildings—Structural Fires. Chapter 1, Division II, Part 2 - Section 110.1.1 111.1.1 of the California Fire Code is hereby amended to add the following: The Chief Officer at the scene shall attempt to notify all occupants or owners of structures, which have suffered damage by fire, that such structures or buildings must be inspected before any repairs thereof are made. A permit covering the structural, electrical, and plumbing repairs shall be obtained from the City of Lodi Community Development Department. The Chief Officer shall report all such structural fires to the Chief Building Official or his/her designee within twenty-four hours after the occurrence of such fire. SECTION 9. Lodi Municipal Code Section 15.20.360 "Stop Work Order– Failure to Comply." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.360 Stop Work Order—Failure to Comply. Chapter 1, Division II, Part 2 - Section of the California Fire Code is hereby amended to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than that stated in Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions. SECTION 10. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 11. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Page 3 of 5 SECTIONI2. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 13. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest PAM FARRIS Assistant City Clerk State of California County of San Joaquin Approved this day of , 2022 MARK CHANDLER Mayor I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held February 2, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2022, by the following vote. AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form PAM FARRIS Assistant City Clerk Page 4 of 5 JANICE D. MAGDICH City Attorney Katie Luccchesi Deputy City Attorney Page 5 of 5 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NO. 1993 PUBLISH DATE: SATURDAY, FEBRUARY 19, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, FEBRUARY 17, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at _(time) on (date) \\cvcfi1v01\administration$\Adm inistration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1990 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY AMENDING SECTIONS OF CHAPTER 15.20, FIRE CODE, TO REFLECT THE CURRENT CODE CITATION NUMBERS. The purpose of this ordinance is to update the Lodi Fire Code to mirror the code citation numbers utilized in the California State Fire Code. Introduced February 16, 2022. Adoption to be considered March 2, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi February 16, 2022 Certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1993 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL TITLE 15 — BUILDINGS AND CONSTRUCTION — BY AMENDING SECTIONS OF CHAPTER 15.20, FIRE CODE, TO REFLECT THE CURRENT CODE CITATION NUMBERS On Thursday, February 17, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1993 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 17, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ords ummari eAnDecPos t. doc ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1993 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION — BY AMENDING SECTIONS OF CHAPTER 15.20, FIRE CODE, TO REFLECT THE CURRENT CODE CITATION NUMBERS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 15.20.140 "Electrical Equipment, Wiring and Hazards — Electrical Disconnect." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.140 Electrical Equipment, Wiring and Hazards—Electrical Disconnect. Section 604 of the California Fire Code is hereby amended to add the following: All buildings constructed after July 1, 2005, shall have main electrical shut off accessible to the exterior of the structure. This may be accomplished by placing the shut off on the building exterior, an electrical room with a door leading directly to the exterior or a remote electrical (shunt) switch on the building exterior. Breakaway locks are allowable for security. SECTION 2. Lodi Municipal Code Section 15.20.190 "Fire Alarm and Detection Systems — Certification." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.190 Fire Alarm and Detection Systems—Certification. Section 907.1.3 of the California Fire Code is hereby amended to add the following: The permittee shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all required fire alarm systems indicating that the system has been installed in accordance with the approved plans and specifications and meets National Fire Protection Association Standards. Certification shall be required for all new systems to be installed after July 1, 2003. All existing systems must obtain certification in a timely manner, as approved by the Fire Code Official. A copy of the certification shall be provided to the Fire Code Official at no cost. SECTION 3. Lodi Municipal Code Section 15.20.200 "Precautions Against Fire — Open Burning Construction Sites." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.200 Precautions Against Fire—Open Burning Construction Sites. Section 3304.4 of the California Fire Code is hereby amended to add the following: No fire shall be permitted to burn on any construction site for any purpose. This section is not intended to prohibit the use of devices or tools producing a flame when used in an approved manner and necessary for the construction of the building. SECTION 4. Lodi Municipal Code Section 15.20.280 "Permits — Required Fees." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: Page 1 of 4 15.20.280 Permits—Required Fees. Chapter 1, Division II, Part 2 - Section 106.2 of the California Fire Code is hereby amended to add the following: The fee for each permit shall be as set forth from time to time by resolution of the Lodi City Council. The City may establish fees sufficient to recover its costs in administering this Code. No permit shall be issued until such fees have been paid, and administrative citations may be issued to persons violating this Code by the persons allowed to issue citations as stated in Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions. SECTION 5. Lodi Municipal Code Section 15.20.325 "Board of Appeals." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.325 Board Of Appeals. Chapter 1, Division II, Part 2 - Section 109 of the California Fire Code is hereby amended to read as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Fire Code Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full board shall concur therein. The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Fire Code Official with the other copy to the applicant. SECTION 6. Lodi Municipal Code Section 15.20.330 "Violations – Administrative Enforcement Provisions." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.330 Violations—Administrative Enforcement Provisions. Chapter 1, Division II, Part 2 - Section 110.2 and 110.3 of the California Fire Code is hereby amended to read as follows: Notices of violation, citation, or penalties shall comply with Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions with the following terminology changes or deletions wherever stated in Chapter 1.10. (a) Whenever the word "Community Improvement Officer" is used, it shall mean the Fire Code Official. (b) Whenever the word "Department of Public Safety" is used, it shall mean the Lodi Fire Department. (c) Whenever the word "Community Development Director" or "Director" is used, it shall mean the Fire Chief or his designee. (d) Whenever the word "Uniform Codes" is used, it shall mean the California Fire Codes. (e) Section 1.11.260E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes) as it pertains to residential dwellings. Page 2 of 4 SECTION 7. Lodi Municipal Code Section 15.20.340 "Violations –Abatement of Hazard by Fire Code Officials." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.340 Violations—Abatement of Hazard by Fire Code Official. Chapter 1, Division 11, Part 2 - Section 110.3.2 of the California Fire Code is hereby amended to add the following: If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant, or other person responsible within a reasonable time, the Fire Code Official or his or her authorized representative may take such steps as are necessary to abate the hazard for the protection of the public health and safety. No event notice is necessary before abatement when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property. SECTION 8. Lodi Municipal Code Section 15.20.350 "Unsafe Buildings – Structural Fires." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.350 Unsafe Buildings—Structural Fires. Chapter 1, Division 11, Part 2 - Section 111.1.1 of the California Fire Code is hereby amended to add the following: The Chief Officer at the scene shall attempt to notify all occupants or owners of structures, which have suffered damage by fire, that such structures or buildings must be inspected before any repairs thereof are made. A permit covering the structural, electrical, and plumbing repairs shall be obtained from the City of Lodi Community Development Department. The Chief Officer shall report all such structural fires to the Chief Building Official or his/her designee within twenty- four hours after the occurrence of such fire. SECTION 9. Lodi Municipal Code Section 15.20.360 "Stop Work Order– Failure to Comply." of Chapter 15.20 entitled Fire Code is hereby amended to read as follows: 15.20.360 Stop Work Order—Failure to Comply. Chapter 1, Division 11, Part 2 - Section 112.4 of the California Fire Code is hereby amended to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than that stated in Lodi Municipal Code - Chapter 1.10 - Administrative Enforcement Provisions. SECTION 10. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 11. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION12. SeverabiRy. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or Page 3 of 4 applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 13. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin Approved this day of 12022 MARK CHANDLER Mayor I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1993 was introduced at a regular meeting of the City Council of the City of Lodi held February 2, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2022, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1993 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney PAMELA M. FARRIS Assistant City Clerk Page 4 of 4