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Home My WebLink AboutOrdinance 1773 (Prevent Falls from Hotel Windows)CLERK'S CERTIFICATE I, JEANNE M. LEONCIrII, 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. 1773 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL HONORING THE MEMORY OF MAIA ROPION AND AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AMENDING THE UNIFORM FIRE CODE, 1997 EDITION, PRESCRIBING REGULATIONS FOR THE PREVENTION OF FALLS FROM HOTEL WINDOWS" 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 5th day of November, 2001, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael; at REGULAR City Council meeting of November 19, 2001, public hearing was opened and continued to meeting of December 17, 2001; at REGULAR City Council meeting of December 17, 2001, public hearing was again continued to City Council meeting of January 22, 2002, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 22"d day of January, 2002, by the following vote, to wit: AYES NOES: ABSENT: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen COUNCILMEMBERS: None COUNCILMEMBERS: Mayor Boro WITNESS my hand and the official seal of the City of San Rafael this 29th day of January, 2002 9 A. -,--4e -e; ,,, (Seal) JEYNNNE M. LEONCINI, City Clerk ORDINANCE NO. 1773 AN ORDINANCE OF THE CITY OF SAN RAFAEL HONORING THE MEMORY OF MAIA ROPION AND AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AMENDING THE UNIFORM FIRE CODE, 1997 EDITION, PRESCRIBING REGULATIONS FOR THE PREVENTION OF FALLS FROM HOTEL WINDOWS WHEREAS, on August 11, 2001, Maia Ropion, aged nearly 3 years, fell from a fourth floor hotel window in the City of San Rafael and was mortally wounded; and WHEREAS, immediately after her death the City Council of the City of San Rafael directed staff to recommend actions to the Council to prevent future such incidents; and WHEREAS, relatives of Maia Ropion were in attendance at the City Council Meeting where staff was directed to develop an Ordinance to prevent future such incidents and asked that the Ordinance be dedicated to the memory of Maia; and WHEREAS, the City Council of the City of San Rafael agrees with the request and resolves to adopt this Ordinance in the memory of Maia Ropion; NOW, THEREFORE, the City Council of the City of San Rafael does ordain as follows: DIVISION 1. Title 4, Chapter 4.08, Section 4.08.110 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: CHAPTER 4.08. UNIFORM FIRE CODE 4.08.110 Amendments made to the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: Section 1003.2 is amended by amending Section 1003.2.2 by renumbering item 5 as item 6 and inserting a new item 5 to read as follows: 1003.2.2 All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: Ordinance No. 1773 5. Fire Sprinklers in Group R, Division 1 hotel occupancies shall be designed in accordance with NFPA 13. Section 1003.2 is amended by deleting Section 1003.2.9 Section 1116 is added to read as follows: SECTION 1116 --HOTEL WINDOW FALL PREVENTION 1116.1 New Hotels. All new hotels, on all floors, shall have window stops installed to prevent the windows from being opened more than four (4) inches. 1116.2 Existing Hotels. All existing hotels shall have window openings that comply with the following: 1116.2.1 Floors above the Third Floor. By February 1, 2002, all existing hotels, on floors above the third floor, shall have window stops installed to prevent the windows from being opened more than four (4) inches. 1116.2.2 Floors One through and including Three. All existing hotels, on floors one through and including three, shall have window openings that comply with the following: Exception: If the level of the ground or walkway on the exterior of the room is no more than 36" below the window sill. 1116.2.2.1 Interior Sill Height. By July 1, 2002, the height of the window sill, on the interior of the room, shall be a minimum of 36" above the floor level. 1116.2.2.2 Clear Area Adjacent to Window Opening. By February 1, 2002, there shall be no furniture, fixed or moveable, placed within 36" of any openable portion of a window. Hotels that are required to meet this provision shall also provide notice to prospective guests of this requirement. DIVISION 2. All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. DIVISION 3. Health And Safety Code sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to exceed the requirements found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Some of the amendments to the Uniform Fire Code made by the City of San Rafael include provisions that are building standards and are more restrictive than the 1998 California Building Standards Code (Title 24, Part 9). Therefore, the San Ordinance No. 1773 Rafael City Council hereby finds that these more restrictive provisions in the Uniform Fire Code are reasonably necessary because of the following local climatic, geological and topographical conditions: I. Climatic conditions San Rafael has a "Mediterranean" climate, which may cause hotel guests to open windows in their rooms to allow the fresh air in. This condition, if window openings are not properly protected, could allow children to fall out and injure themselves or die. II. Geologic conditions San Rafael lies near several earthquake faults. This creates potential hazards such as a child standing next to an unprotected window during an earthquake and falling out and injuring themselves or dying. Health and Safety Code Section 17958.7 further requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the San Rafael City Council finds that the following table provides code sections, that have been modified in Division 1, Section 4.08.110 of this Ordinance, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to the local climatic, geological and topographical reasons. Section Number Local climatic, geological and topographical condition 1003.2.2 I, 1116.1 1,11 1116.2.1 1,11 1116.2.2.1 1,11 DIVISION 4. 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 portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. Ordinance No. 1773 DIVISION 5. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. BE J. BOR , Mayor Attest: JA-1 � �•4JKINE M. LEONCINI, City Clerk The foregoing Ordinance No. 1773 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 5th day of NOVEMBER , 2001 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & 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 council to be held on the 19th day of NOVEMBER , 2001. JEA E—M. LEONCINI, City Clerk