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HomeMy WebLinkAboutOrdinance 2009 (Amendment to San Rafael's Building Code to Require Replacement of Wood Roofing)CLERK’S CERTIFICATE I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 12.200 AND 12.255 OF THE SAN RAFAEL MUNICIPAL CODE TO MAKE LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODES TO REQUIRE THAT WOOD ROOFING BE REPLACED BY MAY 31, 2027 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 2nd day of May 2022; a SUMMARY of Ordinance No. 2009 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 16th day of May, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 16th day of May 2022 ______________ LINDSAY LARA City Clerk Page 1 of 4 ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 12.200 AND 12.255 OF THE SAN RAFAEL MUNICIPAL CODE TO MAKE LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODES TO REQUIRE THAT WOOD ROOFING BE REPLACED BY MAY 31, 2027 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. FINDINGS. WHEREAS, on November 18, 2019, the City Council adopted Ordinance No. 1974 which amended Title 12 of the San Rafael Municipal Code to adopt by reference the 2019 California Building Code, 2019 California Residential Code, the 2019 California Mechanical Code, the 2019 California Plumbing Code, the 2019 California Electrical Code, the 2018 International Property Maintenance Code, the 2018 International Pool and Spa Code, the 2019 California Existing Building Code, the 2019 California Green Building Standards Code, and the California Referenced Standard Code with appendices (together, the “2019 California Construction Codes”); and WHEREAS, Sections 17958.5, 17958.7, and 18941.5 of the California Health and Safety Code allow a local governing body to modify state building standards and to establish more restrictive standards if it determines such building standards are reasonably necessary because of local climatic, geological, or topographical conditions, and pursuant to that statute Ordinance No. 1974 included certain local amendments to the 2019 California Construction Codes adopted by that Ordinance; and WHEREAS, the local amendments to the 2019 California Building Code adopted by Ordinance No. 1974 were codified in Section 12.200.020 of Chapter 12.200 of the San Rafael Municipal Code and included an amendment to Section 1505.1.3 of the California Building Code entitled “Roof coverings within all other areas”; and WHEREAS, the local amendments to the 2019 California Residential Code adopted by Ordinance No. 1974 were codified in Section 12.255.020 of Chapter 12.255 of the San Rafael Municipal Code and included an amendment to Section R902.1.3 of the California Residential Code, entitled “Roof coverings within all other areas”; and WHEREAS, the City of San Rafael has a Community Wildfire Protection Plan (CWPP) issued in 2016, developed in collaboration with the County of Marin, which recommends as a pre-disaster mitigation “the removal of existing wood roofs” due to data that supports non-flammable roofing as being 3.68 times more effective at preventing structural ignition in wildland fire situations; and WHEREAS, on August 3, 2020 the City Council adopted Resolution No. 14847 accepting a final “San Rafael Wildfire Prevention and Protection Action Plan”, Section 18 of which calls for a change to the City’s building code to require all wood roofs to be replaced within five years to mitigate wildfire risk, and sets forth the rationale for the change; and WHEREAS, wood roofs are comprised of materials that create a unique and significant fire hazard and danger to an extent that they constitute a public nuisance, as set forth by Section 3480 of the California Civil Code, because they are injurious to the health Page 2 of 4 and safety of and substantially endanger entire communities; and WHEREAS, wood roofs are a severe fire hazard and danger to the lives, health, property and safety of the residents of the City of San Rafael and the surrounding communities; and WHEREAS, the City Council wishes to amend the San Rafael Municipal Code to address these dangers to the citizens of San Rafael and the surrounding community; and WHEREAS, the City Council hereby finds and declares that five (5) years is a reasonable amount of time for all existing buildings or structures within the City of San Rafael with wood roofs to install roofs comprised of class A fire-resistant as required by the regulations adopted by this Ordinance; and WHEREAS, the City Council finds that the local amendments to the 2019 California Construction Codes, as set forth in this Ordinance, are reasonably necessary because of climatic, geological and topographical conditions existing in the City, including strong wind conditions, dry weather and dry vegetation, that contribute to the loss or damage of open space and structures in the surrounding area resulting from wildfires; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. AMENDMENT OF MUNICIPAL CODE. Chapter 12.200 of the San Rafael Municipal Code entitled “California Building Code Amendments” is hereby amended as follows: The amendment to California Building Code Section 1505.1.3 contained in San Rafael Municipal Code Section 12.200.020 is hereby amended to read in its entirety as follows (strikeouts show deletions from California Building Code and underlines show additions): 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure, where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A. All roofs coverings that are not at least Class A, shall be a fire-retardant roof covering that is at least Class A by May 31, 2027. DIVISION 3. AMENDMENT OF MUNICIPAL CODE. Chapter 12.255 of the San Rafael Municipal Code entitled “California Residential Code Amendments” is hereby amended as follows: The amendment to California Residential Code Section R902.1.3 contained in San Rafael Municipal Code Section 12.255.020 is hereby amended to read in its entirety as follows (strikeouts show deletions from California Residential Code and underlines show additions): R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure, where more than 50% of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof Page 3 of 4 covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C A and shall also comply with Section R337.5. All roofs coverings that are not at least Class A, shall be a fire-retardant roof covering that is at least Class A by May 31, 2027. DIVISION 4 FINDINGS. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Therefore, the San Rafael City Council hereby finds that these changes or modifications to the California Building Code (“CBC”) as adopted in Chapter 12.200 of the San Rafael Municipal Code; and the California Residential Code (“CRC”) as adopted in Chapter 12.255; are reasonably necessary because of the following local climatic, geological and topographical conditions: I. Climatic conditions: a) Most of the annual rainfall in San Rafael occurs during the winter, it receives no measurable precipitation between May and October. During this time, temperatures average between 70 and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-Ana winds; all of which contribute to an elevated fire hazard. II. Topographic conditions: a) Much of San Rafael is located in hilly areas, and many of the residential areas are heavily landscaped, and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and canyons results in narrow and winding roads, and limited water supply, making timely access, rescue and firefighting activities by emergency providers difficult. More specifically, the above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification. CBC Section Number Climatic, geological and topographical condition 1505.1 I(a), II(a) CRC Section Numbers R902.1 I(a), II(a) DIVISION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061(b)(3), since it can seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. (14 Page 4 of 4 Cal. Code Regs. Section 15061(b)(3), ‘general rule’ provision) and pursuant to 14 CCR Section 15301 (minor alterations to existing structures). DIVISION 6 SEVERABILITY. 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. DIVISION 7. PUBLICATION; EFFECTIVE DATE. This Ordinance shall be published once, in full or in summary form, 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. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. KATE COLIN, Mayor Attest: LINDSAY LARA, City Clerk The foregoing Ordinance No. 2009 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of May 2022, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate 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 16th day of May 2022. LINDSAY LARA, City Clerk SUMMARY OF ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 12.200 AND 12.255 OF THE SAN RAFAEL MUNICIPAL CODE TO MAKE LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODES TO REQUIRE THAT WOOD ROOFING BE REPLACED BY MAY 31, 2027 This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2009, which will require the replacement of wood roofs by May 31, 2027. Ordinance No. 2009 is scheduled for adoption by the San Rafael City Council at its regular meeting of May 16, 2022. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1). SUMMARY OF ORDINANCE Ordinance No. 2009 amends Chapter 12.200 and 12.255 of the San Rafael City Municipal Code to make local amendments to the California Building Code, establishing the requirement to replace all roof coverings that are not at least Class A, by May 31, 2027. This will further safeguard life, health, property, and public welfare by requiring minimum fire retardancy requirements for existing roof coverings. In addition, Ordinance No. 2009 will require the replacement of wood roofs which are a severe fire hazard and danger to the lives, health, property, and safety of the residents of the City of San Rafael and the surrounding communities. The City Council’s adoption of this ordinance allows San Rafael to build community resilience through the prevention of structural ignition in wildland fire situations. For a complete copy of the text of the Ordinance, please contact Wildfire Mitigation Project Manager Mary Skramstad at (415-485-3025) or mary.skramstad@cityofsanrafafel.org. Copies of the Ordinance are also available for public review by contacting the City Clerk’s office by email to city.clerk@cityofsanrafael.org. /s/ Lindsay Lara LINDSAY LARA San Rafael City Clerk Dated: 04/20/2022