HomeMy WebLinkAboutOrdinance 1880 (Fire Prevention Staff Reorganization)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1880 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO TRANSFER TO THE
FIRE CHIEF FROM THE CHIEF BUILDING OFFICIAL THE ENFORCEMENT OF CERTAIN
PROVISIONS OF THE FIRE CODE AND BUILDING CODE RELATED TO FIRE PREVENTION
PREVIOUSLY THE RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL, AS PART OF A
REORGANIZATION MOVING FIRE PREVENTION STAFF FROM THE COMMUNITY
DEVELOPMENT DEPARTMENT'S BUILDING DIVISION TO THE FIRE DEPARTMENT, AND
AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 4.08.130(D) TO CORRECT AN
ERRONEOUS CODE REFERENCE
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 16th day of February, 2010, a
SUMMARY of Ordinance No. 1880 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 1 st day of March, 2010, by the following vote, to wit:
AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
3rd day of March, 2010
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1880
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE
TO TRANSFER TO THE FIRE CHIEF FROM THE CHIEF BUILDING
OFFICIAL THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE FIRE
CODE AND BUILDING CODE RELATED TO FIRE PREVENTION
PREVIOUSLY THE RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL,
AS PART OF A REORGANIZATION MOVING FIRE PREVENTION STAFF
FROM THE COMMUNITY DEVELOPMENT DEPARTMENT'S BUILDING
DIVISION TO THE FIRE DEPARTMENT, AND AMENDING SAN RAFAEL
MUNICIPAL CODE SECTION 4.08.130(D) TO CORRECT AN ERRONEOUS
CODE REFERENCE.
WHEREAS, the San Rafael Municipal Code was amended by Ordinances 1843, 1844,
and 1864 to designate the Chief Building Official as responsible for enforcement for certain
provisions of the Fire Code and fire prevention that were previously the responsibility of the Fire
Chief and Fire Prevention Inspectors in the Fire Department; and
WHEREAS, City Staff are now recommending that various sections of the San Rafael
Municipal Code be amended to transfer the enforcement of the foregoing provisions of the Fire
Code and fire prevention from the Chief Building Official back to the Fire Chief and the Fire
Department as part of a reorganization moving Fire Prevention staff from the Building Division
back to the Fire Department; and
WHEREAS, Section 4.08.130 of the San Rafael Municipal Code contains an erroneous
reference to an obsolete Fire Code Section 101.5.2 that should be replaced by a reference to
current Fire Code Section 104.12.
NOW, THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 4.08, Section 4.08.040, of the San Rafael Municipal Code is amended to read as
follows:
4.08.040 Enforcement of the Fire Code.
The Fire Chief and his duly authorized representatives shall enforce those portions of the
Fire Code over which the Fire Chief has responsibility as provided in this Chapter.
DIVISION 2:
Chapter 4.08, Section 4.08.050(A), of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief and his duly authorized representatives" for the words "fire
chief, chief building official/fire marshal, and their authorized representatives".
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DIVISION 3:
Chapter 4.08 of the San Rafael Municipal Code is amended to substitute the words "Fire
Chief" wherever the words "chief building official/fire marshal" appear in Sections 4.08.060,
4.08.070, and 4.08.110.
DIVISION 4:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete
the current amendment of Section 111.2.1 of the 2007 California Fire Code and to replace it with
the following amendment of Section 111.2.1.1 of the 2007 California Fire Code:
Section 111.2.1.1 is amended to read as follows:
111.2.1.1
Pursuant to Health & Safety Code Section 13146, the Fire Chief or his duly authorized
representatives shall have responsibility for enforcement of the building standards
adopted by the State Fire Marshal and published in the California Building Standards
Code relating to fire and panic safety and other regulations of the State Fire Marshal, for
R-3 dwellings and for all other buildings subject to regulation by the City.
DIVISION 5:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief or his duly authorized representative" for the words "Chief
Building Official/Fire Marshal" in the amendment of the definition of "Fire Code Official" in
Section 202 of the 2007 California Fire Code.
DIVISION 6:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete
the words "developed by the Fire Prevention Bureau and approved by the Chief Building
Official/Fire Marshal" and substitute the words "approved by the Fire Chief' in the definition of
"Fire Prevention Standards" added to Section 202 of the 2007 California Fire Code.
DIVISION 7:
Chapter 4.08, Section 4.08.120 of the San Rafael Municipal Code is amended to delete in
its entirety the amendment adding Section 104. 1.1 to Appendix Chapter 1 of the 2007 California
Fire Code
DIVISION 8:
Chapter 4.08, Section 4.08.130 of the San Rafael Municipal Code is amended to
substitute the following language in subsection A:
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A. In addition to the enforcement powers and/or remedies provided in this chapter,
the Fire Chief and his duly authorized representatives shall have the power to enforce the
provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46.
DIVISION 9:
Chapter 4.08, Section 4.08.130 of the San Rafael Municipal Code is amended to delete
the words "Section 101.5.2" and substitute the words "Section 104.12" in subsection D.
DIVISION 10:
Chapter 12.12, Section 12.12.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the amendment to Section 105.5 in Appendix Chapter 1 of the California Building Code.
DIVISION 11:
Chapter 12.14, Section 12.14.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the definition of "AUTHORITY HAVING JURISDICTION" in the amendment to Section 204.0
of the California Mechanical Code.
DIVISION 12:
Chapter 12.14, Section 12.14.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Division" for the words "Building and Fire Prevention Division"
in the definition of "ENFORCING AGENCY" in the amendment to Section 204.0 of the
California Mechanical Code.
DIVISION 13:
Chapter 12.16, Section 12.16.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the definition of "AUTHORITY HAVING JURISDICTION" in the amendment to Section 203.0
of the California Plumbing Code.
DIVISION 14:
Chapter 12.16, Section 12.16.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Division" for the words "Building and Fire Prevention Division"
in the definition of "ENFORCING AGENCY" in the amendment to Section 203.0 of the
California Plumbing Code.
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DIVISION 15:
Chapter 12.20, Section 12.20.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Division" for the words "Building and Fire Prevention Division"
in the definition of "Code Enforcement Agency" in the amendment to Section 103 of the
California Electrical Code.
DIVISION 16:
Chapter 12.26, Section 12.26.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official/Fire Marshal" in
the definition of "Building Official" added in the amendment of Section 401 of the Uniform
Housing Code.
DIVISION 17:
Chapter 12.28, Section 12.28.020 of the San Rafael Municipal Code is amended to
substitute the words "Building Official" for the words "Chief Building Official Fire Marshal" in
the definition of "Building Official" added in the amendment to Section 301 of the Uniform
Code for the Abatement of Dangerous Buildings.
DIVISION 18:
Chapter 15.06, Section 15.06.120 of the San Rafael Municipal Code is amended to
substitute the words "Fire Chief' for the words "chief building official" in the first sentence.
DIVISION 19:
Chapter 15.06, Section 15.06.120 of the San Rafael Municipal Code is amended to
substitute the following language for subsection (c):
(c) Compliance with Fire Code. The Fire Chief may require additional fire protection
measures to conform with the Fire Code as adopted by the City in Chapter 4.08.
DIVISION 20:
Chapter 15.12, Section 15.12.080 of the San Rafael Municipal code is amended to substitute
the words "Fire Chief' for the words "chief building official" in subsection (i)(2).
DIVISION 21:
This Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to the State CEQA Guidelines, since the Ordinance implements a local government
reorganization (14 Cal. Code Regs. Section 15320), and it can be seen with certainty that there is
no possibility that this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061(b)(3)).
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DIVISION 22:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences clauses or phrases be declared invalid.
DIVISION 23:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage,
and a summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
ALBFAT J. B O; Mayor
ATTEST:
'c: • 97-fec-u .
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1880 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Tuesday, the 16th day of February 2010, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the City Council to be held on the 1 st day of March, 2010.
ESTHER C. BEIRNE, City Clerk
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