HomeMy WebLinkAboutFD Set Public Hearing for Amendment to San Rafael's Building Code to Require Replacement of Wood Roofing____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: May 2, 2022
Disposition: Passed Ordinance No. 2009 to print and set Public Hearing for May 16, 2022
Agenda Item No: 9.a
Meeting Date: May 2, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Fire
Prepared by: Quinn Gardner, Deputy Director of
Emergency Management and Mary Skramstad,
Wildfire Mitigation Project Manager
City Manager Approval: ______________
TOPIC: SET PUBLIC HEARING FOR AMENDMENT TO SAN RAFAEL’S BUILDING CODE TO
REQUIRE REPLACEMENT OF WOOD ROOFING
SUBJECT: INTRODUCTION OF AN ORDINANCE 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
RECOMMENDATION:
Pass to print an Ordinance 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, 202 and set public hearing on the proposed ordinance for Monday, May 16, 2022.
BACKGROUND Following decades of research, post-fire analysis, and active suppression efforts, the
California Department of Forestry and Fire Protection has identified a two-prong approach to reduce the
likelihood of building loss or damage due to wildfire. This approach includes reducing risk through
landscape changes, commonly called defensible space, and through changes to structures themselves,
or what is commonly called home hardening. Many of these strategies are now required for new
construction in the Wildland Urban Interface (WUI) or other similar high fire hazard areas. However, few
regulations address the built-out environment, which encompasses the vast majority of San Rafael. The
City has made great strides in addressing defensible space through the updates to San Rafael Municipal
Code (“SRMC”) Chapter 4.12 as approved by the City Council on August 3, 2020. However, as called for
in the San Rafael Wildfire Prevention and Protection Action Plan (Wildfire Action Plan), items 17 and 18,
additional efforts are needed to address home hardening.
Item 18 in the Wildfire Action Plan calls for the elimination of the fire hazard associated with wooden
roofs. According to the National Board of Fire Underwriters, the roof is the most common structural fuel
bed for ignition by firebrands or embers on a structure. For this reason, materials used to construct a roof
are of great importance to protecting the home and other structures from wildfire.
Wooden shingle roofs were identified as the main factor that made fire worse in the official reports of the
1923 Berkeley Fire (National Board of Fire Underwriters 1923; Wilson 1962; Office of the City Manager
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
1991) and the 1961 Bel-Aire fire; the National Fire Protection Association (NFPA) report of the 1961 Bel-
Aire Fire was entitled ‘Devil wind and wood shingles’ (Wilson 1962).
Wood roofs pose a hazard to the structure itself, but also to nearby structures and firefighters. Burning
wood roofing material can peel off, become firebrands, and be carried into additional receptive fuel beds,
such as other combustible roofs and flammable vegetation in the surrounding landscape, further
exacerbating the spread of wildfire. Firebrands consisting of burning wood roof covering have been a
major contributing factor to numerous fires such as the 1923 Berkeley Fire. In the 1961 Bel-Air Fire, the
aero-dynamic firebrands made of wooden roof shingles became long range fire starters when they were
carried by the upper strata of the Santa Ana winds. New fires were ignited in the brush and among
structures at great distances, at times spanning two or three canyons (Wilson 1962).
As a result of the increased risk, the State of California banned the use of wood roofs for new construction
in 2001. However, to date, no state legislation has required the replacement of existing wood roofs. Some
cities pre-empted state action by banning wood roofs for both new construction and reroofs; City of Los
Angeles, Santa Barbara County, City of Santa Barbara, Carlsbad, Del Mar, El Cajon, and Vista. In 2008,
the City Council in Big Bear Lake, a community of 5,200 in San Bernardino County, passed an ordinance
declaring wood roofs "a severe fire hazard and danger" and ordered property owners to replace them by
2012.
Recent fires have demonstrated the importance of roofing material and other home hardening strategies.
For example, in the 2019 Camp Fire, about 51 percent of the 350 single-family homes built after 2008 in
the path of the fire were undamaged, according to an analysis of Cal Fire data and Butte County property
records. By contrast, only 18 percent of the 12,100 homes built prior to 2008 escaped damage. However,
since San Rafael is a largely built-out environment, replacement roofing material requirements will be
needed to adapt to wildfire.
The San Rafael Municipal Code, largely aligned with State Fire and Building Code, acknowledges the
importance of appropriately fire adapted or Class A rated roofing material. The existing requirements only
apply to new construction or substantial remodel. While they acknowledge the importance of fire-rated
roofing, they do not require action on existing structures. Pursuant to amended California Building Code
Section 1505.1.3 set forth in SRMC Section 12.200.020 and California Residential Code Section
R902.1.3 set forth in SRMC Section 12.255.020, the City Council declared that all roof coverings in the
City shall be Class A roof covering in 2019.
ANALYSIS:
For property owners with wood roofs, the most long-term and reliable measure available to reduce roof
vulnerability to wildfire is to reroof with fire resistant materials. Spray-on or brush-on treatments of fire-
retardant chemical to wood roofs have limited longevity. Soon after application, these treatments begin
to lose their fire-resistant characteristics due to leaching and exposure to sunlight. To be effective, these
treatments must be reapplied on a regular basis. Generally, these treatments have not received
certification from the Underwriters Laboratories or the State Fire Marshals of California. Overall, fires
involving wood roofs, more so than other roofs, present certain challenges because the fire can easily
run both across the top of the roof and underneath it. This is a significant consideration when performing
fire attack in buildings with wood roofs.
When wood roofing materials were first available with fire retardant coatings, they were rated as a Class
C covering. Before that, they were non-rated. Pressure treated wood roof materials receive a Class A
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
rating only when installed with a solid underlayment. Fire protection is provided by pressure impregnating
fire retardant polymers into the innermost cells of the material. However, there are no required inspections
or tests after installation of roofs to determine the status of the fire retardant. It would also be difficult to
tell when, or if, a roof was pressure treated or has lost its original treatment by inspection. The California
Building Code specifies the testing wood shakes and shingles must pass for use in California. These
tests include: Intermittent Flame Test; Spread of Flame Test; Burning Brand Test; Flying Brand Test;
Rain Test; and Weathering Test.
In the Chemco FTX Five Year Natural Weathering Test, the wood shingles ignited three minutes into the
test and burned for an additional 23 minutes and 30 seconds after the burner flame was turned off. The
results of that test and the Los Angeles Fire Department’s Standard No. 43 Test for Determining the
Flammability of Solid Materials demonstrated that the fire-retardant pressure treated wood shingles
support combustion. The five-year test proved that treated wood shingles ignite and continue to burn long
after flame exposure. Los Angeles Fire Department adds “It is our experience that a material that exhibits
that type of burning characteristics combined with our local climactic conditions (high wind velocities, low
humidity, and high temperatures) has the potential for spreading fire downwind in the form of flying
burning brands”.
The Wood Shake and Shingle Roof Hazard, University of Nevada Cooperative Extension
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
According to the University of Nevada Cooperative Extension report on Wood Shake and Shingle Roof
Hazard, the probability of a house surviving a wildfire is greatly influenced by the type of roofing material
involved and the amount of clearance of flammable vegetation. An investigation of 1,850 Southern
California homes found that depending upon the amount of brush clearance, houses with untreated wood
roofs were 2 to 21 times more likely to be destroyed by wildfire than those with fire-resistant roofs. Other
wildfire statistics collected from the Santa Monica Mountains of California, suggested that the most cost-
effective method of increasing house survivability during a wildfire event is the presence of a fire-resistant
roof and property clearance of vegetation around the structure.
Several plans approved by the City of San Rafael have touched on the measures necessary to protect
property from wildfire. The San Rafael Local Hazard Mitigation Plan calls out measures for property
protection including wildfires. The San Rafael Wildfire Prevention and Protection Action Plan, passed in
August 2020, outlines various goals to proactively and aggressively address the growing risks associated
with wildfire. The primary objective of the plan includes ordinance changes to mitigate wildfire risk
The table below summarizes the recommendations regarding wooden roofs in various plans:
Plan Details
San Rafael C-18 Local
Hazard Mitigation Plan
PROPERTY PROTECTION: Property protection measures are used to
modify buildings subject to damage rather than to keep the hazard away. A
community may find these to be inexpensive measures because often they
are implemented by or cost-shared with property owners. Many of the
measures do not affect the appearance or use of a building, which makes
them particularly appropriate for historical sites and landmarks. Wildfire,
Grassfires;
• Replacing building components with fireproof materials
• Roofing
San Rafael Wildfire
Prevention and
Protection Action Plan
Section 18 titled Eliminate fire hazard associated with wooden roofs. Action:
Ordinance change. Update building code to require all wood roofs be
replaced in five years. Require structures with wood roofs disclose the
replacement requirement at time of resale.
Marin County
Community Wildfire
Protection Plan
Under page 82 subsection ‘Ignition-Resistant Roofing to Reduce Structural
Ignitability’, Marin County urges other fire agencies throughout Marin to
consider providing incentives for property owners to replace wood roofs.
Marin County Multi-
Jurisdictional Local
Hazard Mitigation Plan
Novato proposes to develop an inventory of structures with wood roofing
material to identify and target education efforts and the need for roof
conversions. The purpose of the Building and Housing code is to establish
rules and regulations governing building activity in the city and to safeguard
life, health, property, and public welfare by providing minimum fire retardancy
requirements for new roof coverings. This information is also needed to assist
the city in compiling information on the use, location, and condition of
properties within the jurisdiction of the City of Novato and provides for the
abatement of unsafe buildings. By agreement, for health and safety reasons,
the city may share this information or resultant vital statistics with other
governmental agencies.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
San Rafael General
Plan Safety and
Resilience Element
Policy S-4.2 Fire
Resilience in
Developed Areas
Reduction of Structure Hazards. Implement measures to reduce wildfire
hazards to existing structures, including fire-resistant landscaping, and
building materials, protected vents and gutters, phasing out wood roofs,
vegetation management around structures, limits on highly flammable plant
materials, restricted parking on narrow streets, and enforcement and
abatement programs. Focus on measures that provide the greatest fire safety
benefits relative to their costs to the City and private sector.
Since the proposed ordinance would amend California construction codes the City has adopted by
reference, state law requires that after introduction of the ordinance, the City Council must set a public
hearing on the ordinance. Staff recommends setting the public hearing on the agenda for the next City
Council meeting.
COMMUNITY OUTREACH: Two community meetings regarding the proposed ordinance changes were
held on March 16, 2022, and April 7, 2022. Prior to and during implementation of this ordinance
amendment, staff will conduct direct outreach with properties affected.
FISCAL IMPACT: There are no anticipated impacts to the General Fund.
OPTIONS: The City Council has the following options to consider on this matter:
1. Pass the proposed ordinance to print and set a public hearing on the ordinance on Monday, May
16, 2022.
2. Direct staff to return with more information.
3. Take no action.
RECOMMENDED ACTION:
Pass to print an Ordinance 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, 202 and set public hearing on the proposed ordinance for Monday, May 16, 2022.
ATTACHMENTS:
1. Ordinance
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