HomeMy WebLinkAboutOrdinance 1843 (Various Code Amendments)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, 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. 1843 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING CHAPTERS 4.04 AND 4.08 OF THE SAN RAFAEL MUNICIPAL
CODE, AND THE INCORPORATED CALIFORNIA FIRE CODE, TO AUTHORIZE
THE CHIEF BUILDING OFFICIAL TO ENFORCE BUILDING STANDARDS
RELATING TO FIRE AND PANIC SAFETY, AND OTHER REGULATIONS OF
THE STATE FIRE MARSHAL AND OTHER LOCAL REGULATIONS, FOR R-3
AND OTHER BUILDINGS, IN CONNECTION WITH THE FIRE DEPARTMENT
PHASE II REORGANIZATION"
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 6th day of November, 2006,
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 20th day of November, 2006,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
27th day of November, 2006
JET NE M. LE ,City Clerk
ORDINANCE NO. 1843
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING CHAPTERS 4.04 AND 4.08 OF THE SAN
RAFAEL MUNICIPAL CODE, AND THE INCORPORATED
CALIFORNIA FIRE CODE, TO AUTHORIZE THE CHIEF BUILDING
OFFICAL TO ENFORCE BUILDING STANDARDS RELATING TO
FIRE AND PANIC SAFETY, AND OTHER REGULATIONS OF THE
STATE FIRE MARSHAL AND OTHER LOCAL REGULATIONS, FOR
R-3 AND OTHER BUILDINGS, IN CONNECTION WITH THE FIRE
DEPARTMENT PHASE H REORGANIZATION.
WHEREAS, the Fire Chief has proposed transfer of all Fire Department related code
enforcement and plan checking responsibilities (fire prevention) related to fire and panic safety
regulations to the Chief Building Official, and to merge Building Inspection, Code Enforcement
and Fire Protection Inspection functions to improve the accuracy and speed of work; and
WHEREAS, the Chief Building Official has the knowledge and ability, and the work
experience involving duties of the same character, to assume and manage these fire and panic
safety regulations, and will supervise specifically trained fire plans review and fire inspection
personnel within the newly merged work unit; and
WHEREAS, the Fire Chief will remain responsible to converse with the Chief Building
Official about fire and panic related code enforcement; and
WHEREAS, the Health and Safety Code Section 13146 provides that the enforcement of
fire and panic safety regulations for R-3 dwellings shall be delegated to the chief of the city fire
department or chief building official of a city, and for other buildings to the chief of the city fire
department, but Government Code Section 34004 allows a city council to delegate duties imposed
upon a city officer upon another city officer who is charged with the performance of duties of the
same character in the city; and
WHEREAS, Health and Safety Code Section 13146.5 stipulates that so far as practicable,
the provisions of Sections 13145, 13146 and 13146.3, related to fire and panic safety regulations,
shall be carried out at the local level by persons who are regular full-time members of a regularly
organized fire department of a city, county or fire protection district, and shall not be carried out by
other persons pursuant to Section 34004 of the Government Code; and
WHEREAS, the City Council finds that it is not practicable to continue to use full-time
members of the Fire Department to enforce the foregoing fire and panic safety regulations, since to
do so would foster a disconnection between separate inspection and plan checking functions in the
Building Division of Community Development and the Fire Department, result in the extension of
development permit processing time, cause unnecessary inter -departmental conflicts due to
differing pre -construction requirements and time management goals, and prevent efficient and cost -
effective completion of inspection requirements due to limited staffing and resources in the Fire
Department.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 1:
Chapter 4.04 of the San Rafael Municipal Code is amended as follows:
Section 4.04.010 is amended to change "chief or his authorized representative" and "chief,
or his authorized representative" wherever those terms appear to "fire chief, chief building official,
or their authorized representatives".
Section 4.04.020 is hereby deleted.
DIVISION 2:
Chapter 4.08 of the San Rafael Municipal Code is amended as follows:
Section 4.08.010 is amended to delete subsection "3" and the language contained therein,
and to renumber subsection "4" as subsection "3".
Section 4.08.040 is amended to read as follows:
4.08.040 -- Enforcement of Fire Code.
A. The fire chief, chief building official, or their authorized representatives, shall enforce
those portions of the Fire Code over which they have responsibility as provided in this
Chapter.
B. The chief building official shall be responsible for enforcement of building regulations
relating to fire and panic safety for R-3 dwellings and for other buildings subject to
regulation by the city, as provided by Health & Safety Code Sections 13145, 13146,
13146.2, 13146.3, 13146.5 and Government Code Section 34004.
Section 4.08.050(A) is amended to replace the words at the beginning of the first sentence
reading "fire chief, division chiefs, chief officers, fire marshal, deputy fire marshal, and fire
prevention bureau inspectors" with the words "fire chief, chief building official, and their
authorized representatives".
2
Section 4.08.060 is amended to substitute "chief building official" for "fire chief' in
subsection B.4 and to substitute "chief building official" for "fire department" in subsection D.
Section 4.08.070 is amended to substitute "chief building official" for "fire chief' in
subsections B, B.3, and E.4, and to substitute "chief building official" for "fire department" in
subsection F.
Section 4.08.110 is amended to replace the words at the beginning of the first sentence
reading "The fire chief and the fire marshal shall jointly" with the words "The chief building
official shall", and to substitute "chief building official" for "fire marshal" in the second sentence.
Section 4.08.120 is amended to change the following specific provisions of the Fire Code as
follows:
Section 101.2.2.2 is amended to read as follows:
101.2.2.2 — Enforcing Agency.
Pursuant to Health & Safety Code Sections 13146 and 13146.5, and Government Code
Section 34004, the responsibility for enforcement of 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 all
buildings subject to regulation by the City, shall be the chief building official of the City.
Section 101.4 is amended to read as follows:
"101.4 — Supplemental Rules, Regulations and Standards.
The chief and chief building official are authorized to render interpretations and to make
and enforce rules and supplemental regulations, including fire prevention standards, to carry
out the application and intent of those provisions of this code over which they have
responsibility as provided in this code."
The remainder of Section 101.4 shall remain unchanged.
Section 101.5.1 is further amended to change the heading to "Liability of the Chief and
Chief Building Official", and to amend the text of such Section to substitute "chief or chief
building official" for "chief' wherever the latter term appears.
3
Sections 102.1, 103.1.1, 103.1.2, 103.1.3 and 103.1.4.1 are amended to substitute "chief
building official" for "chief'.
Section 103.2.1 is amended to read as follows:
103.2.1 -- Authority of the Chief and Chief Building Official.
103.2.1.1 — Chief.
Under the chief s direction, the fire department is authorized to enforce the provisions of
this code and other ordinances of the City pertaining to:
1. The suppression or extinguishment of dangerous or hazardous fires.
2. The investigation of the cause, origin and circumstances of fire and unauthorized
releases of hazardous materials.
3. Those other matters in this code assigned to the chief.
103.2.1.2 — Chief Building Official.
The chief building official is authorized to enforce the provisions of this code pertaining to:
1. The prevention of fires.
2. The storage, use and handling of hazardous materials.
3. The installation and maintenance of automatic, manual and other private fire alarm
systems and fire -extinguishing equipment.
4. The maintenance and regulation of fire escapes.
5. The maintenance of fire protection and the elimination of fire hazards on land and in
buildings, structures and other property, including those under construction.
6. The maintenance of means of egress, and
7. Those other matters in this code assigned to the chief building official.
103.2.1.3 — Chief and Chief Building Official; Police.
The chief and chief building official, and their authorized representatives, shall have the
powers of a police officer in performing their duties under this code. When required to do
so by the chief or chief building official, the chief of police is authorized to assign such
available police officers as necessary to assist them in enforcing the provisions of this code.
Section 103.2.2 is deleted.
Section 103.3 is amended to substitute "chief building official" for "fire prevention bureau",
"chief', "fire chief', and "fire department", wherever those terms appear in that section or any
subsections thereto.
Section 103.4.1.1 is amended to read:
4
103.4.1.1 — General.
When the chief or chief building official finds any building, premises, vehicle, storage
facility, or outdoor area over which he or she has responsibility under this code, is in
violation of this code, the chief or chief building official is authorized to issue corrective
orders.
Section 103.4.1.2 is amended to substitute "chief building official" for "chief' wherever the
latter term appears.
Section 103.4.1.3 is amended to read:
103.4.1.3 — Stopping uses, evacuation.
The chief or chief building official is authorized to order an operation or use stopped or the
evacuation of any premises, building or vehicle or portion thereof, over which he or she has
responsibility under this code, which has or is a condition hazardous to life or property
regulated by this code.
Section 103.4.3.3 and 103.4.4 are amended to substitute "chief or chief building official" for
"chief' wherever the latter term appears.
Section 105 is amended to substitute "chief building official" for "bureau of fire
prevention", "bureau", "fire department", "chief', and "Bureau of Fire Prevention" wherever the
latter terms appear in that Section or any subsections thereto.
Section 204 is amended to add a new definition:
CHIEF BUILDING OFFICIAL shall have the same definition as `Building Official" as
provided herein.
Section 207 is further amended to revise the definition for "Fire Prevention Standards" to
substitute "approved by the chief building official" for "developed by the fire prevention bureau and
signed by the chief'.
Section 901.2 is amended to substitute "chief building official" for "chief' where the latter
term appears in that Section or the subsections thereto.
Section 901.3 is further amended to amend the paragraph added thereto to read:
5
"Upon failure to comply with this section, the chief building official
may issue an order to cease and desist further operations until such
time as adequate access and/or water for fire protection is provided."
Section 902.2.2.5 is further amended to substitute "chief building official" for "chief'
wherever that term appears.
Section 902.2.4.3 is amended to substitute "chief building official" for "chief' and for "fire
department" wherever those terms appear.
Sections 1001.3.1, 1001.3.2, 1001.3.3, and 1001.3.4 are further amended to substitute "chief
building official" for "fire department" and for "chief' wherever the latter terms appear.
Section 1001.4 is amended to substitute "chief building official" for "fire department".
Section 1001.5.1 is further amended to substitute "chief building official" for "chief'
wherever that term appears.
Sections 1001.5.2, 1001.5.3, 1001.5.4, 1001.5.5, 1001.9 and 1001.10 are amended to
substitute "chief building official" for "chief' wherever that term appears.
Section 1003.2.2 is further amended to revise item "3" to read as follows:
"In all other existing buildings, sprinkler systems may be required by
the chief building official in accordance with the following:"
The balance of Section 1003.3.2, item 3, shall remain unchanged.
Section 1003.3.1 is further amended to substitute "chief building official" for "fire
department" wherever that term appears.
Section 1006.3.4.2 is further amended to substitute "chief building official" for "fire
department", and to delete the next to last sentence thereto.
Section 1114.1 is further amended to change the second sentence to read:
"Exceptions may be granted by the chief building official."
6
Section 1115.4 is further amended to substitute "chief building official" for "chief".
Sections 1202.1 and 1213.2 are amended to substitute "chief building official" for "chief'
wherever the latter term appears.
Articles 24 through 51 are amended to substitute "chief building official" for "chief'
wherever the latter term appears.
Article 52 is amended to substitute "chief building official" for "chief', and Section 5204.2
is further amended to substitute "chief building official" for "Fire Department".
Articles 61 through 78 are amended to substitute "chief building official" for "chief'
wherever the latter term appears.
Sections 7901.7.4, 7902.6.16.3, 7904.6.5.2.1 are further amended to substitute "chief
building official" for "chief' and for "fire department" wherever the latter terms appear, and the
remainder of Article 79 is amended to substitute "chief building official" for "chief' wherever that
term appears.
Article 80 is amended to substitute "chief building official" for "chief' wherever the latter
term appears, except in section 8001.5.2.2 which is amended to substitute "chief building official
and chief' for "chief."
Articles 81 through 85, and 87 through 90 are amended to substitute "chief building
official" for "chief' wherever the latter term appears.
Section 4.08.130, subsection (A) is amended to read as follows:
"A. In addition to the enforcement powers and/or remedies in this
chapter, the chief and chief building official shall have the power to
enforce the provisions of this chapter over which they have
responsibility as provided in Chapters 1.40, 1.42, 1.44, and 1.46."
7
DIVISION 3:
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)).
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 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 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.
ATTEST:
MANNE M. LEONCINI, City Clerk
0
ALBE4 J. :.�..
The foregoing Ordinance No. 1843 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 6th day of November, 2006 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and 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 20th day of November, 2006.
JE 1VI. LEONCENI, City Clerk
9