Residential, Electrical, Plumbing, and Mechanical codes every three years. Any amendments by the City must be as stringent as the CBSC, however, local jurisdictions can adopt more restrictive amendments, if necessary, to account for local climatic, geographical, topographical conditions or sustainable goals. The 2022 Building Code does not include any significant changes. ________________________________________________________________________________________ Options:
1. Introduce, by title only and waiving reading of the text of an Ordinance adopting the 2022 California Building Standards Codes and the 2022 Fire Code by Reference and amending Title 15, “Buildings and Construction” of the Cloverdale Municipal Code and set public hearing for the second reading; or
2. Provide alternative direction to City Staff regarding the proposed Municipal Code Update. ________________________________________________________________________________________ Subcommittee Recommendation:
None
________________________________________________________________________________________ Budget/Financial Impact:
No impact
________________________________________________________________________________________ Attachments:
Ordinance
140
CITY OF CLOVERDALE
CITY COUNCIL
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF CLOVERDALE REPEALING AND REPLACING CLOVERDALE MUNICIPAL CODE CHAPTERS 15.00 THROUGH 15.18 AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24; THE 2022 CALIFORNIA ADMINISTRATIVE CODE (PART 1) INCLUDING TABLES; THE 2022 CALIFORNIA BUILDING CODE (PART 2) INCLUDING TABLES AND APPENDICES C, I, J, O AND P; THE 2022 CALIFORNIA RESIDENTIAL BUILDING CODE (PART 2.5) INCLUDING TABLES AND APPENDICES AH, AQ, AS, AX, AND AZ; THE 2022 CALIFORNIA ELECTRICAL CODE (PART 3) INCLUDING TABLES AND APPENDICES A, B, C, F, AND G; THE 2022 CALIFORNIA MECHANICAL CODE (PART 4) INCLUDING TABLES AND APPENDICES B, C AND F; THE 2022 CALIFORNIA PLUMBING CODE (PART 5) INCLUDING TABLES AND APPENDICES A, B, C, D, G, I, J AND K; THE 2022 CALIFORNIA ENERGY CODE (PART 6) INCLUDING TABLES AND APPENDIX 1-A; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE (PART 8) INCLUDING TABLES AND APPENDIX A; THE 2022 CALIFORNIA FIRE CODE (PART 9) WITH APPENDICES, STANDARDS AND NFPA STANDARDS BY REFERENCE; THE 2022 CALIFORNIA EXISTING BUILDING CODE (PART 10) INCLUDING TABLES AND APPENDIX A, CHAPTERS A1 THROUGH A5 ; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (PART 11) INCLUDING TABLES AND APPENDICES A4 AND A5; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE (PART 12 OF TITLE 24) INCLUDING TABLES; AND THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, the California Building Standards Commission has adopted a new Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958,17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
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NOW THEREFORE, the City Council of the City of Cloverdale does ordain as follows:
Section 1. Old Codes Repealed: Chapters 15.00 up to and including 15.18 of Title 15, "Buildings and Construction," of the Cloverdale Municipal Code are hereby repealed in their entirety.
Section 2. Findings: The City Council of the City of Cloverdale finds that, in order to best protect the health, safety and welfare of the citizens of the City of Cloverdale, the building standards within the community must comply with State law, except where local climatic, geological and topographical conditions warrant more restrictive regulations.
Pursuant to Section 17958 of the California Health and Safety Code, the governing body of the City of Cloverdale, in its ordinance adopting the California Building Standards Code and uniform industry codes, may establish amendments which are more restrictive than those adopted by the State of California commonly referred to as Title 24 of the California Code of Regulations, based on local climatic, geological and topographical conditions.
Based on the materials presented by, and the recommendations of the Cloverdale Building Official and the Fire Code Official of the Cloverdale Fire Protection District, the City Council makes the factual finding set forth below and finds that the amendments the California Building Standards Code adopted in this Ordinance are reasonably necessary because of the local climatic, geological or topographical conditions set forth below.
The local conditions that mandate amendments to the California Building Standards Code are based on the following local climatic, geological and topographical conditions which shall apply to all amendments:
A. CLIMATE: The City, on average, experiences an approximate annual rainfall of 40 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding. Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. During the dry period, temperatures range from 70 degrees to over 105 degrees. These temperatures are often accompanied by light to moderate gusty winds, which coupled with highly flammable vegetation and neighborhoods located in wildland-urban interface areas create hazardous fire conditions. With increased development spreading into the brush covered foothill area, wind driven fires could have severe consequences, as has been demonstrated on several occasions throughout the state.
B. GEOLOGY: The City is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires starting because of damage to gas lines, power lines or heat producing appliances and the unavailability of water for fire control due to broken water mains. In addition, unstable slopes have been identified in the City, which present a significant potential for landslides. In the event of a major earthquake or landslide, many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance. The City is located at the northern end of Sonoma County at the Mendocino County border, which further reduces the City’s ability to receive outside assistance because the communities north of Cloverdale are rural.
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C. TOPOGRAPHY: The City borders include hilly terrain on the north, east and west portions of the City. The roadway systems in these hills are designed around the lay of the land with respect to narrow, winding and steep access ways. The grades of these roadways sometimes exceed 25% and road widths of less than 12 feet are not uncommon. The City is also bordered by Highway 101 and the Russian River to the east; there is a railroad right-of-way just east of Highway 101 on the east edge of the City. The railroad, river and freeway all create barriers, which may obstruct traffic patterns and delay response time for fire equipment. The water supply within the City is directly affected by the topographical layout. The water distribution system consists of two pressure zones, which carry water by gravity from various reservoirs. Water flow within the City can vary from less than 1,000 gallons per minute to flows in excess of 4,000 gallons per minute.
This wide variation causes major problems to development and fire suppression efforts.
D. SUMMARY: The above local climatic, geologic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Cloverdale Fire Protection District. Fires in areas determined to be moderate, high or very high fire severity zones, as outlined by the State of California (CalFire) fire severity zone map, place additional fire suppression demands on the responding fire agency. A fire following an earthquake has the potential of causing greater loss of life and property damage than the earthquake itself. The majority of the City’s industrial areas are located in the highest seismic risk zones, which also contain the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of persons should a significant seismic event occur. The City’s and Fire District’s resources would have to be prioritized to mitigate the greatest threat and may be unavailable for vegetation or structure fires.
Other variables that may tend to intensify the situation include:
1. The extent of damage to the water system;
2. The extent of isolation due to bridge and/or freeway overpass collapse;
3. The extent of roadway damage and/or amount of debris blocking roadways;
4. Climatic conditions (hot, dry weather with high winds);
5. The amount of traffic on roadways, which could intensify the risk to life during normal business hours; and
6. The availability of timely mutual aid or military assistance.
E. CONCLUSION: Local climatic, geologic and topographical conditions impact fire prevention efforts and the frequency, spread, intensity, and size of fire involving buildings in Cloverdale. Further, these conditions increase the potential for significant damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary to amend the California Building Standards Code to mitigate the effects of these conditions. As a result of the findings, as set forth in this section, which identify various climatic, geographical and topographical elements, those additional requirements as specified in the amendments to the adopting ordinance supplementing and amending the Code herein, are considered necessary and reasonable modifications and do not lessen, diminish or change the standards set forth within the uniform codes except as authorized by law.
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F. ENERGY EFFICIENCY REQUIREMENTS COST EFFECTIVENESS: Pursuant to California Public Resources Code Section 25402.1 and California Code of Regulations, Title 24, Part 1, Section 10- 106 (Locally Adopted Energy Standards), a city may require additional energy conservation measures and set more stringent energy budgets in a local green building ordinance than the standards set forth in the California Energy Code if the city demonstrates the energy costeffectiveness of the standards and files with the California Energy Commission the basis of the city’s determination that the standards are cost effective. This determination that the standards are cost effective must be adopted by the governing body at a public meeting. Based upon the Climate Zone 2 Energy Cost-Effectiveness Study prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, July 17, 2019, for Pacific Gas and Electric Company, which is hereby adopted by the City Council and attached to and made a part of this ordinance, the City Council finds and determines that the Cal Green Tier 1 energy efficiency requirements are cost effective.
Ordinance Justification
General Provisions
15.00.010 thru 15.00.060 Administrative
Permits and Fees
15.02.010 thru 15.02.110 Administrative
California Administrative Code
15.03.010 Administrative
California Building Code
15.05.010 thru 15.05.033 Administrative
15.05.040 thru 15.05.270 D
15.05.280 A, B, C
15.05.290 thru 15.05.300 Administrative
California Residential Code
15.06.010 thru 15.06.033 Administrative
15.06.040 thru 15.06.120 D
15.06.130 Administrative
15.06.140 A, B, C
15.06.150 thru 15.06.160 Administrative
California Electrical Code
15.07.010 thru 15.07.020 Administrative
California Mechanical Code
15.08.010 thru 15.08.020 Administrative
California Plumbing Code
15.09.010 thru 15.09.020 Administrative
California Energy Code Administrative
15.10.10 F
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California Historical Building Code
15.12.010 Administrative
International Code Council Property
Maintenance Code
15.13.010 thru 15.13.040 Administrative
15.13.050 thru 15.13.070 D
15.13.080 thru 15.13.090 Administrative
California Fire Code
15.14.010 thru 15.14.140 Administrative
15.14.150 thru 15.14.330 D
15.14.340 thru 15.14.380 Administrative
15.1.695 thru 15.14.715 D
15.14.720 thru 15.14.840 Administrative
California Existing Building Code
15.16.010 Administrative
15.16.020 thru 15.16.030 F
15.16.040 Administrative
California Green Building Code
15.17.010 thru 15.17.060 Administrative
California Reference Standards Code
15.18.010 Administrative
Section 3. Adoption of California Building Standards Code: Pursuant to Section 50022.2 of the California Government Code, the following codes are hereby adopted by reference in this chapter as defined herein and as adopted and amended by the California Building Standards Commission under Title 24, as amended by this ordinance, which are made pursuant to the findings of fact set forth herein: the 2022 California Building Standards Code, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 with tables and adopted appendices; and the 2021 International Property Maintenance Code.
Section 4. Modifications: Chapters 15.00 through 15.18 are hereby added to Cloverdale Municipal Code, Title 15, “BUILDINGS AND CONSTRUCTION” as follows:
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Chapter 15.00
GENERAL PROVISIONS
Sections:
15.00.010 Purpose
15.00.020 Exemptions from permit requirements
15.00.030 Persons to whom permits may be issued
15.00.040 Building official—-Administrative authority
15.00.050 Incomplete applications
15.00.060 Adoption of standard plans and standard construction specifications
15.00.010 − Purpose. This chapter is adopted as the buildings and construction code of the City of Cloverdale, adopting by reference the California Building Standards Code set forth in Chapters 15.00 through 15.18 of this title, with amendments and deletions, based on local climatic, geological and topographic conditions. The regulations set forth in this title are additions and/or amendments to the California Building Standards Code, and where any California Building Standards Code provisions are in conflict therewith, it is the intent of the ordinance codified in Chapters 15.00 through 15.18 to amend or delete such conflicting rules or regulations so that the provisions of Title 15, Cloverdale Municipal Code shall be controlling.
15.00.020 − Exemptions from permit requirements. Permit fees and plan check fees as provided in this chapter shall be collected for all work in the City performed by or for the City, county, state, United States of America, or any agency thereof, except where exempt under law.
15.00.030 − Persons to whom permits may be issued. Permits for building, construction, alteration, repair, electrical work, plumbing work, mechanical work and all other building and/or construction work shall be issued only on the application of the holder of a contractor’s license issued by the state, licensing such person to engage in the type of work anticipated by the application for such permit, except that owners' permits may be issued as provided by law.
15.00.040 − Building Official-Administrative authority. The Building Official is appointed and designated administrative authority, as such terms are used and such positions are established in the California Building Standards Code, as set forth in Title 24 of the California Code of Regulations and all codes contained therein. The Building Official is charged with the enforcement of and given the authority to administer all provisions of such codes and City regulations and requirements adopted under the authority provided in Government Code Section 38660.
15.00.050 − Incomplete applications. Where plan review is commenced and it is determined that the application is incomplete, the applicant shall have thirty working days after receiving notice by telephone or U.S. mail to submit any required plans and documentation so that plan review may continue.
If the required plans or documentation are furnished within the thirty working day period, no additional plan review fee will be assessed. If the documentation is not furnished within the thirty working day period but is furnished within sixty working days after notice is provided to the applicant, the applicant shall pay a new plan review fee, which shall be fifty percent of the amount fixed by the fee schedule.
Where documentation is not received within thirty days of notice to the applicant, the application shall expire, and the applicant shall pay a new plan review fee upon reapplication.
15.00.060 − Adoption of standard plans and standard construction specifications. The City Council may, by resolution, adopt City standard plans and standard specifications. 146
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Chapter 15.02
PERMITS AND FEES
Sections
ARTICLE I. GENERALLY
15.02.010 Applicability
ARTICLE II. DEPARTMENT OF BUILDING PERMIT FEE TABLE
15.02.020 Single forms
ARTICLE III. PLAN REVIEW FEES
15.02.030 Fees
15.02.040 Additional plan review
15.02.050 Expiration of plan review applications
ARTICLE IV. PERMIT FEES
15.02.060 Fees
ARTICLE V. MISCELLANEOUS FEES
15.02.080 Re-inspection fee
15.02.100 Investigation fees – Work without a permit
15.02.110 Exception for emergency work
ARTICLE I. GENERALLY
15.02.010 − Applicability.
A. Any person desiring to perform work regulated by currently adopted editions of the California Building Standards Code, and/or any amendments, ordinances or other regulations administered by the Building Department, or that may be adopted and administered in the future, shall secure permits and pay fees as set forth in this chapter.
B. The determination of valuation under any of the provisions of this code shall be made by the Building Official. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work, which includes both labor and materials, for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, paving, profit and overhead, and any other permanent work or permanent equipment.
ARTICLE II DEPARTMENT OF BUILDING PERMIT FEE TABLE
15.02.020 − Single forms. The Building Department shall issue permits heretofore required, including but not limited to grading permits, building permits, plumbing permits, mechanical permits and electrical permits on a single form, which designates these permits. The permit fee shall be based on the cumulative value of all the work for which a permit is sought.
A. Fees for the issuance of such permits shall be payable in the amounts fixed by resolution of the City Council, based on the valuation listed therein. The fees shall be charged and collected at the time of issuance of the permit.
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B. A permit is required for any change in the character or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies. The Building Official shall determine the minimum permit fee for such change, unless otherwise provided by the fee schedule adopted by resolution of the City Council.
ARTICLE III. PLAN REVIEW FEES
15.02.030 − Fees. A plan review fee shall be paid to the Building Department at the time of submitting plans and specifications for review. Such plan review fee shall be payable in the amount fixed by the fee schedule adopted by the City Council by resolution.
15.02.040 − Additional plan review. Where additional plan review is required due to changed plans and/or incomplete plans, an additional plan review fee shall be charged at a rate established by the Building Official.
15.02.050 − Expiration of Plan Review Applications and Building Permits.
A. Plan review applications shall expire if no permit has been issued within 180 days following the date the application is filed with the City. Upon request by the applicant, the Building Official may extend the plan review application one time for a period not to exceed 180 days.
B. Every permit issued by the Building Official shall expire if the work authorized by such permit is not commenced within 180 days from the date of issuance, or if work is suspended or abandoned for a period of 180 days after work is commenced. Upon written request, the Building Official may extend the permit one time for a period not to exceed 180 days. . If, after such expiration, the original plans are resubmitted within 180 days following such expiration, the plan review fee shall be 25% of that otherwise required. No application shall be renewed in this fashion more than once. In order to further renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. The chief building official may extend this time period when such extension is warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from being completed within the allowed time frame, or (3) in the interest of public health and safety. The chief building official's decision regarding the limitation period shall be final.
ARTICLE IV. PERMIT FEES
15.02.060 − Fees. All permit fees shall be fixed by the fee schedule adopted by the City Council by resolution.
ARTICLE V. MISCELLANEOUS FEES
15.02.080 − Re-inspection fee. A re-inspection fee as fixed by the fee schedule adopted by the City Council by resolution shall be charged and collected for each extra inspection made necessary, as follows:
A. Work not ready at the time requested for inspections; and/or B. Work required to be corrected on previous inspection not ready and/or correction not made at the time requested for inspection.
15.02.100 − Investigation fees — Work without a permit.
A. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
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B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to twice the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
15.02.110 − Exception for emergency work. Section 15.02.100 shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commencement of work.
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Chapter 15.03
CALIFORNIA ADMINISTRATIVE CODE
Sections:
15.03.010 Adoption and Citation
15.03.010 – Adoption and Citation. The California Administrative Code, 2022 edition, including tables, as set forth in Part 1 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding "15.03" before the sections of the California Building Standards Administrative Code. 150
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Chapter 15.05
CALIFORNIA BUILDING CODE
Sections:
15.05.010 Adoption and Citation
15.05.015 Section 1.8.4.2 Fees Chapter One Division 1 & Section 109 Fees Chapter One Division II
15.05.020 Section 105.2 – Blank
15.05.021 Section 105.2 – Work exempt from permits (Building (4)) – amended
15.05.023 Section 105.2 – Work exempt from permits (Building (14)) - added
15.05.025 Section 105.5 – Expiration amended
15.05.030 Section 202 - Definitions – New Construction added
15.05.031 Section 202 – Definitions – Alteration of Floor Area added
15.05.032 Section 202 – Definitions – Substantial Remodel added
15.05.033 Section 202 – Definitions – Substantial Addition added
15.05.040 Section 502.1 - Address Identification
15.05.050 Section 501.2.1 - Numbers for One and Two Family Dwellings
15.05.060 Section 501.2.2 - Numbers for Other than One and Two Family Dwellings
15.05.070 Section 701A.6 - Defensible Space
15.05.080 Section 702A - Definitions
15.05.090 Section 903.2 - When Required
15.05.100 Section 903.2.21 - Local Fire Sprinkler System Requirements
15.05.110 Section 903.2.21.1 – System Requirements
15.05.120 Section 903.2.21.2 - Additions - Residential
15.05.130 Section 903.2.21.3 - Additions - Commercial
15.05.140 Section 903.2.21.4 - Remodels, Alterations, or Repairs
15.05.150 Section 903.2.21.5 - Changes in Occupancy
15.05.160 Section 903.2.21.6 - Elevation of Existing Buildings
15.05.170 Section 903.2.21.7 – Residential Sprinkler Pressure Relief
15.05.180 Section 903.2.21.8 – Residential Freeze Protection
15.05.190 Section 903.3 - Installation Requirements
15.05.200 Section 903.3.1 - Standards Design Criteria
15.05.210 Section 903.3.7 - Fire Department Connections
15.05.220 Section 903.4 - Sprinkler System Supervision and Alarms
15.05.230 Section 903.4.1 - Monitoring
15.05.240 Section 903.4.2 - Alarms
15.05.250 Section 905.3.1 - Building Height
15.05.260 Section 905.9 - Valve Supervision
15.05.270 Section 907.2.8.1 - Manual Fire Alarm Systems
15.05.280 Section 1505.1 - General - Roof Covering Materials
15.05.290 Section 1512.1 - Solar Photovoltaic Panels/Modules
15.05.300 Section 1612.3 – Establishment of Flood Hazard Areas
15.05.010 − Adoption and Citation. The California Building Code, 2022 edition, including tables and Appendices C, I, J, O and P as set forth in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.05” before the sections of the California Building Code.
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15.05.015 – Section 1.8.4.2 Fees of Chapter One Division I and Section 109 Fees of Chapter One Division II. Sections 1.8.4.2 of Chapter One Division I and Section 109 of Chapter One Division II are deleted in their entirety and replaced to read as follows: Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Cloverdale Municipal Code Chapter 15.02. The provisions of Cloverdale Municipal Code section 15.02.050, Expiration of Plan Review Applications, shall be applicable to plans submitted pursuant to this chapter.
15.05.020 − Intentionally left blank
15.05.021 – Section 105.2 Work Exempt from Permit (Building (4)). Section 105.2 Building (4) is amended to read as follows: Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless; supporting a surcharge, impounding Class I, II, or IIIA liquids, or when retaining walls of any height are located within 3 feet from a public right-of-way.
15.05.023 – Section 105.2 Work Exempt from Permit (Building (14)). Section 105.2 Building (14) is added to read as follows: Decks at a one-family dwelling, two-family dwelling, accessory dwelling unit, or townhouse that do not serve the required number of exits or exit access doorways required by CBC 1006, does not exceed 200 square feet in area, that are not more than 30 inches above grade at any point, and are not attached to the building.
15.05.025 – Section 105.5 Expiration. Section 105.5 is amended to read as follows: Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. The chief building official may extend this time period when such extension is warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from being completed within the allowed time frame, or (3) in the interest of public health and safety. The chief building official's decision regarding the limitation period shall be final.
15.05.030 − Section 202 Definitions. Section 202 is amended to add a definition for “New Construction” to read as follows: NEW CONSTRUCTION: “For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) shall be considered “New Construction” when 50 percent or more of the exterior weight bearing walls are removed or demolished.”
15.05.031 – Section 202 Definitions. Section 202 is amended to add a definition for “Alteration of Floor Area” to read as follows: ALTERATION OF FLOOR AREA: “For the purpose of this definition, the following criteria shall be considered in determining the percentage of “alteration of floor area.” The 50% referred to under “Substantial Remodel” applies to the entire building’s gross floor area in plan view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of;
• Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). 152
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• Perimeter exterior wall (one or both sides).
b. New wall construction, removing, or repositioning, either interior or perimeter exterior walls, the rooms or spaces on both sides of the wall will be included in the calculation. c. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins, or floor joists.
d. Removal of the roof structure (only rooms or spaces that are directly below the removed roof structure will be included in the calculation).
e. Removal of floor finishes which exposes floor framing and/or removal of concrete slab. f. Relocating plumbing fixtures in a bathroom or kitchen will cause that entire room or space to be included in the calculation.
g. Other alterations considered substantial by the Fire Code Official (see DSA-AC definition of “Alteration” in the 2022 California Building Code).
15.05.032 – Section 202 Definitions. Section 202 is amended to add a definition for “Substantial Remodel” to read as follows: SUBSTANTIAL REMODEL: “In all existing buildings or structures, any alteration of floor area that is greater than fifty percent (50%) of the existing gross floor area.”
15.05.033 – Section 202 Definitions. Section 202 is amended to add a definition for “Substantial Addition, Group R-3” to read as follows: SUBSTANTIAL ADDITION, GROUP R-3: “In all existing Group R-3 buildings or structures, any addition of floor area that exceeds fifty percent (50%) of the existing gross floor area.”
15.05.033 – Section 202 Definitions. Section 202 is amended to add a definition for “Substantial Addition” to read as follows: All existing buildings or structures not classified as Group R-3 occupancy, any addition of floor area that is greater than twenty-five percent (25%) of the existing gross floor area.
15.05.040 − Section 502.1 Address Identification. Section 501.2 502.1 is amended to read as follows: New buildings and tenant spaces shall have approved illuminated address numbers or building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be in contrasting color with their background.
Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out.
Where it is impractical to install illuminated numbers due to long driveways or other circumstances, approved reflective numbers with those properties listed above may be installed at the intersection of the driveway and road fronting the parcel. For existing properties, any additions, alterations or other work requiring a permit with a valuation over $20,000, approved numbers or addresses shall be installed.
15.05.050 − Section 502.1.1 Numbers for One and Two Family Dwellings. Section 501.2.1 502.1.1 is added to read as follows: Numbers for one and two- family dwellings shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. Numbers shall not be spelled out. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure.
15.05.060 − Section 502.1.2 Numbers for Other that One and Two Family Dwellings. Section 502.1.2 is added to read as follows: Numbers for other than one and two-family dwellings shall be a minimum of 12 inches high with a minimum stroke width of 1 inch. Numbers shall not be spelled out.
Suite numbers for other than one and two-family dwellings shall be a minimum of 6 inches high and with a minimum stroke width of 0.5 inches.
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Exception: These requirements may be modified as required by the Fire Code Official at approved locations to facilitate emergency response.
15.05.070 − Section 701A.6 Defensible Space. Section 701A.6 is added to read as follows:
Buildings and structures located within any Moderate, High or Very High Fire Severity Zone as designated by the CDF Director or in a High Fire Severity Zone as identified by the Cloverdale General Plan shall maintain a defensible space as outlined in Government Code sections 51175-51189 and the fire department’s “Construction and Defensible Space Standard within Designated Fire Severity Zones” document.
15.05.080 − Section 702A Definitions. Section 702A is amended to read as follows: WildlandUrban Interface Fire Area is a geographical area located within any Moderate, High or Very High Fire Severity Zone as recommended by the CDF Director pursuant to Public Resource Code Sections 4201-4204 and Government Code Sections 51175-51189, in a Very High Fire Severity Zone as identified in the Local Responsibility Area (LRA) as recommended by the CFD Director, or as conditioned by Cloverdale Development Requirements.
15.05.090 − Section 903.2 Where Required. Section 903.2 is amended to read as follows:
Approved automatic sprinkler systems in new buildings and structures shall be provided as described in this section. Additional local requirements are described in Section 903.2.20 and may supersede the following requirements. The most restrictive requirements shall apply.
15.05.100 − Section 903.2.20 903.2.21 Local Fire Sprinkler System Requirements. Section 903.2.21 is added to read as follows: Section 903.2.21 Local Fire Sprinkler System Requirements shall be in accordance with Sections 903.2.21.1 through 903.2.21.8.
15.05.110 − Section 903.2.21.1 System Requirements. Section 903.2.21.1 is added to read as follows: An automatic sprinkler system shall be installed and maintained in all newly constructed buildings.
Exceptions:
1. Detached Group U occupancies 1,000 sq. ft. or less. Agricultural buildings and private riding arenas as approved by the fire or building code official.
2. Detached pool houses up to 1,000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
3. Detached non-combustible motor vehicle fuel dispensing canopies classified as Group M occupancy and conforming with CBC Section 406.7. Detached Car Ports of non-combustible construction with no habitable space above.
4. Detached Group B or M occupancies 500 sq. ft. or less.
15.05.120 − Section 903.2.21.2 Additions–Residential. Section 903.2.21.2 is added to read as follows: Additions to existing R-3 occupancy residential buildings that meet the definition of substantial addition, Group R-3 shall meet the requirements for new construction. All additions to all Group R occupancy residential buildings with an existing approved automatic sprinkler system shall be required to extend the sprinkler system into the addition.
Additions to existing Group R-1 occupancies that result in additional guest room(s) shall meet the requirements for a newly constructed building.
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15.05.130 − Section 903.2.21.3 Additions–Commercial. Section 903.2.21.3 is added to read as follows: Additions to existing commercial buildings that increase the total square footage of existing floor area by 25% or greater shall meet the requirements for a newly constructed building. All additions to commercial buildings with an existing approved automatic sprinkler system shall be required to extend the sprinklers into the addition.
Additions to existing Group R-1 occupancies that result in additional guest room(s) shall meet the requirements for a newly constructed building.
15.05.140 − Section 903.2.21.4 Remodels, Alterations, or Repairs. Section 903.2.21.4 is added to read as follows: For remodels, alterations or repairs to an existing building involving demolition, removal or repair which meets the definition of a Substantial Remodel, the building shall meet the automatic fire sprinkler requirements for a newly constructed building.
Exceptions:
1. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act.
2. Whenever there are practical difficulties involved, the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life, and fire safety requirements as permitted in Section 104.8 of the Fire Code.
3. Additions or repairs solely for the purpose of seismic retrofit.
15.05.150 − Section 903.2.21.5 Changes in Occupancy. Section 903.2.21.5 is added to read as follows: When any change of occupancy occurs where the proposed new occupancy classification is more hazardous based on fire and life safety risks as determined by the Fire Code Official, including, but not limited to, the conversion of residential buildings to condominiums, the building shall meet the requirements for a newly constructed building.
15.05.160 − Section 903.2.21.6 Elevation of Existing Buildings. Section 903.2.21.6 is added to read as follows: An automatic fire extinguishing system shall be installed throughout all existing buildings when the building is elevated to: three or more stories, or more than 35 feet in height, from grade to the exposed roof.
Exceptions: An automatic fire-extinguishing system need not be provided when the area above 35 feet is provided for aesthetic purposes only and is a non-habitable space.
15.05.170 – Section 903.2.21.7 Residential Sprinkler Pressure Relief. Section 903.2.21.7 is added to read as follows: Residential fire sprinkler systems must have an NFPA 13D approved pressure relief valve when static pressures are greater than 80 psi.
15.05.180 – Section 903.2.21.8 Residential Freeze Protection. Section 903.2.21.8 is added to read as follows: Residential fire sprinkler systems shall have adequate freeze protection to address outside temperatures below 40 degrees Fahrenheit. This can be achieved by insulating coverings or other reliable means of maintaining a minimum temperature of 40 degrees Fahrenheit.
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15.05.190 − Section 903.3 Installation Requirements. Section 903.3 is amended to read as follows: Sprinkler systems shall be designed and installed in accordance with NFPA 13, NFPA 13R, if approved by the Fire Code Official, and NFPA 13D,
15.05.200 − Section 903.3.1 Standards - Design Criteria. Section 903.3.1 is amended to read as follows: Fire sprinkler systems installed in buildings of an undetermined use shall be designed and installed to have a design density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet. Where a subsequent occupancy change requires a system with greater capacity, it shall be the building owner’s responsibility to upgrade the system to the required density.
15.05.210 − Section 903.3.7 Fire Department Connections. Section 903.3.7 is amended to read as follows: The location of the fire department connections (FDC’s) shall be approved by the Fire Code Official. Approved locking caps shall be provided on all newly installed FDC’s and on any existing FDC’s found to be vandalized.
15.05.220 − Section 903.4 Sprinkler System Supervision and Alarms. Section 903.4 is amended to read as follows: Except for Group R, Division 3 Occupancies, all valves controlling the water supply for automatic sprinkler systems, and associated pumps, tanks, water levels and water flow switches shall be electronically supervised.
15.05.230 − Section 903.4.1 Monitoring. Section 903.4.1 is amended to read as follows: Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station, or proprietary supervising station as defined in NFPA 72 or, when approved by the Fire Code Official, shall sound an audible alarm at a constantly attended location. Exception to remain.
15.05.240 − Section 903.4.2 Alarms. Section 903.4.2 is amended to read as follows: One exterior approved audible and visual sprinkler water flow alarm device shall be connected to every automatic fire sprinkler system in an approved location. Such device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic fire sprinkler system shall also actuate the building fire alarm system.
Every new commercial fire alarm system installed as a sprinkler system monitoring alarm shall also provide notification for the purpose of initiating emergency action, including those systems activated solely by the fire sprinkler systems, so that occupants of the building shall be notified audibly and visually within each suite or building division. A minimum of one notification appliance shall be located in each suite or building division in an occupied location.
15.05.250 − Section 905.3.1 Building Height. Section 905.3.1 is amended to read as follows:
Standpipes shall be installed in buildings three stories or more in height, with approved outlets on each floor above or below grade and the roof. Said outlets may be connected to the building’s fire sprinkler system.
15.05.260 − Section 905.9 Valve Supervision. Section 905.9 (Exception 2) is deleted. 156
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15.05.270 − Section 907.2.8.1 Manual Fire Alarm Systems. Section 907.2.8.1 (Exception 2.2) is amended to read as follows: 2.2 Notification devices installed in the common areas serving the residential units shall operate upon sprinkler water flow or manual station activation.
15.05.280 − Section 1505.1 General - Roof Covering Materials. Section 1505.1.5 is added to read as follows: Regardless of other provisions of this chapter, the roof covering or roofing assembly on any structure within the City of Cloverdale shall be not less than Class "A" fire rated as classified in ASTM E 108 or UL 790. This requirement shall apply to all new structures and every existing structure when 25 percent or more of the total roof area is re-roofed within a one-year period. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
15.05.290 − Section 1511.9 Rooftop Structures. Section 1511.92 is added to read asfollows: Solar Photovoltaic Panels/Modules - Roof mounted photovoltaic panels/modules shall comply with the requirements of the California Building Code as amended, California Electrical Code, the California Fire Code as amended and the City of Cloverdale Fire Department Standards for installation of Photovoltaic Power Systems.
15.05.300 − Section 1612.3 Establishment of Flood Hazard Areas. Section 1612.3 is amended as follows: “Insert Name of Jurisdiction” is hereby deleted and replaced with “The City of Cloverdale.” “Insert Date of Issuance” is hereby deleted and replaced with, “December 2, 2008.” 157
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Chapter 15.06
CALIFORNIA RESIDENTIAL BUILDING CODE
Sections:
15.06.010 Adoption and Citation
15.06.015 Section 1.8.4.2 Fees Chapter One Division I and Section R108 Fees Chapter One Division II.
15.06.020 Blank
15.06.025 Section R105.5 – Expiration amended
15.06.030 Section R202 – Definitions – New Construction added
15.06.031 Section R202 – Definitions – Alteration of Floor Area added
15.06.032 Section R202 – Definitions – Substantial Remodel added
15.06.033 Section R202 – Definitions – Substantial Addition added
15.06.040 Intentionally left blank
15.06.050 Section R313.2.1.1 – Other Occupancies
15.06.060 Section R313.2.2 – Additions - Residential
15.06.070 Section R313.2.3 – Remodels, Alterations, and/or Repairs
15.06.080 Section R313.4 – Residential Sprinkler Pressure Relief
15.06.090 Section R313.5 – Residential Freeze Protection
15.06.100 Section R319 – Site Address
15.06.110 Section R337.1.5.1 – Defensible Space
15.06.120 Section R337.2 – Definitions
15.06.130 Section R404.1.1.1– Foundations and Retaining Walls
15.06.140 Section R902.1 – Roof Covering Materials
15.06.150 Section R907.1 – Solar Photovoltaic Panels/Modules
15.06.160 Section R350 – Limited Cultivation of Marijuana
15.06.010 – Adoption and Citation. The California Residential Building Code, 2022 edition, including Tables and Appendices AH, AQ, AS, AX, and AZ as set forth in Part 2.5 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding "15.06" before the sections of the California Residential Building Code.
15.06.015 – Section 1.8.4.2 Fees of Chapter One Division I and Section R108 Fees of Chapter One Division II. Sections 1.8.4.2 of Chapter One Division I and Section R108 of Chapter One Division II are deleted in their entirety and replaced to read as follow: Permit fees, Plan Review fees, and Work Commencing Before Permit Issuance shall be assessed as provided in Cloverdale Municipal Code Chapter
15.02. The provisions of Cloverdale Municipal Code section 15.02.050, Expiration of Plan Review Applications, shall be applicable to plans submitted pursuant to this chapter.
15.06.020 − Left Intentionally Blank
15.06.025 – Section R105.5 Expiration: Section R105.5 is amended to read as follows: Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections.
The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The chief building official may extend this time period when such extension is warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from 158
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being completed within the allowed time frame, or (3) in the interest of public health and safety. The chief building official's decision regarding the limitation period shall be final.
15.06.030 − Section R202 Definitions. Section R202 is amended to add a definition for “New Construction” to read as follows: NEW CONSTRUCTION: “For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) may be defined as “New Construction” when 50 percent or more of the exterior weight bearing walls are removed or demolished”.
15.06.031 – Section R202 Definitions. Section R202 is amended to add a definition for “Alteration of Floor Area” to read as follows: ALTERATION OF FLOOR AREA: “For the purpose of this definition, the following criteria shall be considered in determining the percentage of “alteration of floor area.” The 50% referred to under “Substantial Remodel” applies to the entire building’s gross floor area in plan view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of;
• Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). • Perimeter exterior wall (one or both sides).
b. New wall construction, removing, or repositioning, either interior or perimeter exterior walls, the rooms or spaces on both sides of the wall will be included in the calculation. c. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins, or floor joists.
d. Removal of the roof structure (only rooms or spaces that are directly below the removed roof structure will be included in the calculation).
e. Removal of floor finishes which exposes floor framing and/or removal of concrete slab. f. Relocating plumbing fixtures in a bathroom or kitchen will cause that entire room or space to be included in the calculation.
g. Other alterations considered substantial by the Fire Code Official (see DSA-AC definition of “Alteration” in the 2022 California Building Code).
15.06.032 – Section R202 Definitions. Section R202 is amended to add a definition for “Substantial Remodel” to read as follows: SUBSTANTIAL REMODEL: “In all existing buildings or structures, any alteration of floor area that is greater than fifty percent (50%) of the existing gross floor area.”
15.06.033 – Section R202 Definitions. Section R202 is amended to add a definition for “Substantial Addition, Group R-3” to read as follows: SUBSTANTIAL ADDITION, GROUP R-3: “In all existing Group R-3 buildings or structures, any addition of floor area that exceeds fifty percent (50%) of the existing gross floor area.”
15.06.040 − Blank
Exceptions:
1. Detached Group U occupancies 1,000 sq. ft. or less. Agricultural buildings and private riding arenas as approved by the fire or building code official.
2. Detached pool houses up to 1,000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
3. Detached Car Ports of non-combustible construction with no habitable space above. 159
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15.06.050 − Section R313.2.1.1 Other Occupancies. Section R313.2.1.1 is added to read as follows: Group S occupancies located on private residential zoned parcels shall be designed to NPFA 13D as approved by the Fire Code Official.
15.06.060 − Section R313.2.2 Additions – Residential. Section R313.2.2 is added to read as follows: Additions to any existing California Residential Building Code regulated buildings that meet the definition of “Substantial Addition” shall meet the requirements for a newly constructed building. All additions to any existing California Residential Building Code regulated building with an existing automatic sprinkler system regardless of size shall be required to extend the sprinkler system into the addition per Section R313.2.
15.06.070 − Section R313.2.3 Remodels, Alterations, or Repairs. Section R313.2.3 is added to read as follows: For remodels, alterations, or repairs to an existing California Residential Building Code regulated building involving demolition, alterations, or repair which meets the definition of a Substantial Remodel, the building shall meet the requirements for a newly constructed building.
Exceptions:
1. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act.
2. Whenever there are practical difficulties involved, the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life, and fire safety requirements as permitted in Section 104.8 of the Fire Code.
3. Additions or repairs solely for the purpose of seismic retrofit.
15.06.080 – Section R313.4 Residential Sprinkler Pressure Relief. Section R313.4 is added to read as follows: Residential fire sprinkler systems shall have an NFPA 13D approved pressure relief valve when static pressures are greater than 80 psi.
15.06.090 – Section R313.5 Residential Freeze Protection. Section R313.5 is added to read as follows: Residential fire sprinkler systems shall have adequate freeze protection to address outside temperatures below 40 degrees Fahrenheit. This can be achieved by insulating coverings or other reliable means of maintaining a minimum temperature of 40 degrees Fahrenheit.
15.06.100 – Section R319 Site Address. Section R319 is deleted in its entirety and amended to read as follows: New buildings under the scope of the California Residential Code shall have approved illuminated address numbers or building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be in contrasting color with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Where it is impractical to install illuminated numbers due to long driveways or other circumstances, approved reflective numbers with those properties listed above may be installed at the intersection of the driveway and road fronting the parcel. For existing properties, any additions, alterations or other work requiring a permit with a valuation over $20,000, approved numbers or addresses shall be installed. Numbers for buildings under the scope of the California Residential Code shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. 160
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15.06.110 − Section R337.1.5.1 Defensible Space. Section R337.1.5.1 is added to read as follows:
Buildings and structures located within any Moderate, High or Very High Fire Severity Zone as designated by the CDF Director or in a Very High or High Fire Severity Zone as identified by the Cloverdale General Plan shall maintain a defensible space as outlined in Government Code sections 51175-51189 and the fire department’s “Construction and Defensible Space Standard within Designated Fire Severity Zones” document.
15.06.120 − Section R337.2 Definitions. Section R337.2, definition of Wildland-Urban Interface Fire Area is amended to read as follows: Wildland-Urban Interface Fire Area is a geographical area located within any Moderate, High or Very High Fire Severity Zone as recommended by the CDF Director pursuant to Public Resource Code Sections 4201—4204 and Government Code Sections 51175—51189, in a Very High Fire Severity Zone as identified in the Local Responsibility Area (LRA) as recommended by the CDF Director, or as conditioned by Cloverdale Development Requirements.
15.06.130 − Section R404.1.1.1 Foundation and Retaining Walls. Section R404.1.1.1 is added to read as follows: Concrete and masonry foundation walls and retaining walls with a height of four (4) feet or more as measured from the bottom of the footing shall have the construction documents approved and stamped by a California licensed architect or engineer. Where applicable, the design parameters in this chapter may be used.
15.06.140 − Section R902.1 Roof Covering Materials. Section R902.1 language is added to read as follows: Regardless of other provisions of this chapter, the roof covering or roofing assembly on any structure within the City of Cloverdale shall be not less than Class "A" fire rated as classified in ASTM E 108 or UL 790. This requirement shall apply to all new structures and every existing structure when 25 percent or more of the total roof area is re-roofed within a one-year period. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.
15.06.150 − Section R907.1 Solar Photovoltaic Panels/Modules. Section R907.1 is amended to read as follows: Rooftop mounted photovoltaic panels/modules shall comply with the requirements of this section, Section R324, California Electrical Code, the California Fire Code as amended and the City of Cloverdale and Fire Department Standards for installation of Photovoltaic Power Systems.
15.06.130 – Section R350 Limited Cultivation of Marijuana. Section R350 is added to read as follows: Limited cultivation of marijuana shall be in accordance with the City of Cloverdale’s Municipal Code Chapter 18.15. Permit application and plan submittal is required. 161
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Chapter 15.07
CALIFORNIA ELECTRICAL CODE
Sections:
15.07.10 Adoption and Citation
15.07.20 Section 89.108.4.2 Fees
15.07.10 − Adoption and Citation. The California Electrical Code, 2022 edition, including tables and appendices “A”, “B”, “C”, “F”, and “G”, as set forth in Part 3 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City as amended herein, except that for purposes of citation, said code shall be renumbered by adding "15.07" before the sections of the California Electrical Code.
15.07.20 - Section 89.108.4.2 Fees. Section 89.108.4.2 is deleted in its entirety and replaced to read as follows: Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Cloverdale Municipal Code Chapter 15.02. The provisions of Cloverdale Municipal Code section
15.02.050, Expiration of Plan Review Applications, shall be applicable to plans submitted pursuant to this chapter.
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Chapter 15.08
CALIFORNIA MECHANICAL CODE
Sections :
15.08.010 Adoption and Citation
15.08.020 Section 1.8.4.2 Fees Chapter One Division I and Sections 104.3.2 through 104.4, Sections 104.5 through 104.5.2 Fees Chapter One Division II
15.08.010 − Adoption and Citation. The California Mechanical Code, 2022 edition, including tables and appendices “B”, C and “F”, as set forth in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.08” before the sections of the California Mechanical Code.
15.08.020 − Section 1.8.4.2 Fees of Chapter One Division I and Section 104.3.2 through 104.4, Sections 104.5 through 104.5.2 Fees of Chapter One Division II. Sections 1.8.4.2 of Chapter One Division I and Sections 104.3.2 through 104.4, Sections 104.5 through 104.5.2 of Chapter One Division II shall be deleted in their entirety and replaced to read as follows: Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Cloverdale Municipal Code Chapter 15.02. The provisions of Cloverdale Municipal Code section 15.02.050, Expiration of Plan Review Applications, shall be applicable to plans submitted pursuant to this chapter.
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Chapter 15.09
CALIFORNIA PLUMBING CODE
Sections :
15.09.010 Adoption and Citation
15.09.020 Section 1.8.4.2 Fees Chapter One Division I and Section 104.3.2, 104.3.3, and 104.5 through 104.5.2 Fees Chapter One Division II
15.09.010 – Adoption and Citation. The California Plumbing Code, 2022 edition, including tables and appendices “A”, “B”, “C”, “D”, “G”, “I”, “J”, and “K”, as set forth in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.09” before the sections of the California Plumbing Code.
15.09.020 − Section 1.8.4.2 Fees of Chapter One Division I and Section 104.3.2, 104.3.3 and 104.5 through 104.5.2 Fees of Chapter One Division II. Sections 1.8.4.2 of Chapter One Division I and Section 104.3.2, 104.3.3, and 104.5 through 104.5.2 of Chapter One Division II are deleted in their entirety and replaced to read as follows: Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Cloverdale Municipal Code Chapter 15.02. The provisions of Cloverdale Municipal Code section 15.02.050, Expiration of Plan Review Applications, shall be applicable to plans submitted pursuant to this chapter.
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Chapter 15.10
CALIFORNIA ENERGY CODE
Sections:
15.10.10 Adoption and Citation
15.10.10 − Adoption and Citation. The California Energy Code, 2022 edition, including tables and appendix “1-A”, as set forth in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding “15.10” before the sections of the California Energy Code.
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Chapter 15.12
CALIFORNIA HISTORICAL BUILDING CODE
Sections:
15.12.010 Adoption and Citation
15.12.010 − Adoption and Citation. The California Historical Building Code, 2022 edition, including tables and appendix “A” as set forth in Part 8 of Title 24 of the California Code of Regulations, is adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding “15.12” before the sections of the California Historical Building Code. 166
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Chapter 15.13
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections :
15.13.010 Adoption and Citation
15.13.020 Section 102.3 - Applications of Other Codes
15.13.030 Section 103.5 - Fees
15.13.040 Section 303.2 – Enclosures15.13.050 Section 304.3 - Premises Identification
15.13.060 Section 304.3.1 - Numbers for One and Two Family Dwellings
15.13.070 Section 304.3.2 - Numbers for Other than One and Two Family Dwellings
15.13.080 Section 307.1 – General
15.13.090 Conflicts
15.13.010 − Adoption and Citation. The International Property Maintenance Code, 2021 edition, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be re-numbered by adding “15.13” before the sections of the International Property Maintenance Code.
15.13.020 − Section 102.3 Application of Other Codes. Section 102.3 is amended to read as follows: Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the 2022 California Title 24 Building Standards Codes as adopted by the City of Cloverdale.
15.13.030 − Section 104.1 Fees. Section 104.1 is amended to read as follows: Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Cloverdale Municipal Code Chapter
15.02. 15.13.040 − Section 303.2 Enclosures. Section 303.2 is amended to read as follows: Enclosures for private swimming pools, hot tubs, and spas shall be maintained as provided in Section 3109 of the 2022 California Building Code. Enclosures for public swimming pools, hot tubs, and spas shall be maintained as provided in Section 3119B of the 2022 California Building Code. No existing pool enclosure shall be removed or changed in a manner that reduces its effectiveness as a safety barrier. Replaced pool enclosures shall be in compliance with the current requirements of the 2022 California Building Code.
15.13.050 − Section 304.3 Premises Identification. Section 304.3 is deleted in its entirety and replaced to read as follows: New buildings and tenant spaces shall have approved illuminated address numbers or building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be in contrasting color with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Where it is impractical to install illuminated numbers due to long driveways or other circumstances, approved reflective numbers with those properties listed above may be installed at the intersection of the driveway and road fronting the parcel. For existing properties, any additions, alterations or other work requiring a permit with a valuation over $20,000, approved numbers or addresses shall be installed.
15.13.060 − Section 304.3.1 Numbersfor One and Two Family Dwellings. Section 304.3.1 is added to read as follows: Numbers for one and two- family dwellings shall be a minimum of 4 inches high with 167
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a minimum stroke width of 0.5 inches. Numbers shall not be spelled out. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure.
15.13.070 − Section 304.3.2 Numbers for Other than One and Two Family Dwellings. Section 304.3.2 as added to read as follows: Numbers for other than one and two-family dwellings shall be a minimum of 12 inches high with a minimum stroke width of 1 inch. Numbers shall not be spelled out.
Suite numbers for other than one and two-family dwellings shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inches.
Exception: These requirements may be modified with the approval of the Fire Code Official.
15.13.080 − Section 307.1.1 Remodel or Replacement of Hand Rails and Guard Rails. Section 307.1.1 is added to read as follows: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. The remodel or replacement of handrails and guard rails shall comply with the requirements specified in Sections 1014 and 1015 of the California Building Code.
15.13.090 - Conflicts. In the event of any conflicts between this Code and the provisions and requirements of the adopted California Title 24 Building Standards Codes (Part 1 through Part 12) adopted in this title, the provisions of the adopted California Title 24 Building Standards Codes (Part 1 through Part 12) shall apply.
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Chapter 15.14
CALIFORNIA FIRE CODE
Sections:
15.14.010 Adoption and Citation
15.14.020 Section 101.1 - Division II - Title
15.14.030 Section 102.3 - Change in Use or Occupancy
15.14.040 Section 102.7.3 - Supplemental Rules, Regulations, and Standards
15.14.050 Section 104.3 - Right of Entry
15.14.060 Section 104.11.4 - Charges
15.14.070 Section 105.2 - Application for Permit: Fees
15.14.080 Section 110.4 109.4 - Violation Penalties
15.14.090 Section 112.4 111.4 - Failure to Comply
15.14.100 Section 202 – Definitions added
15.14.110 Section 202 – Definitions amended
15.14.120 Section 401.3.2.1 – Unwarranted Alarm Notification
15.14.130 Section 402.1 - Definitions
15.14.140 Section 503.1.1 - Building and Facilities
15.14.150 Section 503.2.1 - Dimensions
15.14.160 Section 503.2.3 - Surface
15.14.170 Section 503.2.4 - Turning Radius
15.14.180 Section 503.2.6 - Bridges and Elevated Surfaces
15.14.190 Section 503.2.6.1 - Evaluation
15.14.200 Section 503.2.6.2 - Bridge Maintenance
15.14.210 Section 503.2.7 - Grade
15.14.220 Section 503.4 - Obstruction of Fire Apparatus Access Roads
15.14.230 Section 505.1 - Address Identification
15.14.240 Section 505.1.1 – Numbers for One and Two Family Dwellings
15.14.250 Section 505.1.2 - Numbers for Other than One and Two Family Dwellings
15.14.260 Section 505.1.3 – Complex Directory
15.14.270 Section 506.1 - Key Boxes
15.14.280 Section 507.5 - Fire Hydrant Systems
15.14.290 Section 507.5.1 - Where Required
15.14.300 Section 507.5.1 - Exceptions Deletion
15.14.310 Section 507.5.1.1 – Hydrant for Fire Department Connection
15.14.320 Section 507.5.7 – Fire Hydrant Street Marker
15.14.330 Section 510.1 - Emergency Responder Radio Coverage in Buildings
15.14.340 Section 510.1 - Exception 1 Deletion
15.14.350 Section 510.5 - Installation Requirements
15.14.360 Intentionally left blank
15.14.370 Section 901.7.7 - Problematic and Unreliable Fire Alarms
15.14.380 Section 902.1 - Definitions
15.14.390 Section 903.2 - Where Required
15.14.400 Section 903.2.1 – Group A
15.14.405 Section 903.2.1.1 thru 903.2.1.5.1 903.2.1.5 – Section Deletions
15.14.410 Section 903.2.1.6 – Assembly occupancies on Roofs
15.14.415 Section 903.2.1.7 – Section Deletion
15.14.420 Section 903.2.2 - Ambulatory Care Facilities
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15.14.425 Section 903.2.3 – Group E
15.14.430 Section 903.2.4 – Group F
15.14.435 Section 903.2.4.1 – Section Deletion
15.14.437 Section 903.2.4.3 Section Deletion15.14.440 Section 903.2.5.3 – Pyroxylin Plastics
15.14.445 Section 903.2.6.1 – Group I-2
15,14,450 Section 903.2.6.2 – Group I-3
15.14.455 Section 903.2.7 – Group M
15.14.457 Section 903.2.7.2 Section Deletion
15.14.460 Section 903.2.8.1 – Group R-3
15.14.465 Section 903.2.9 – Group S
15.14.470 Section 903.2.9.1 through 903.2.9.2 – Section Deletions
15.14.475 Section 903.2.10 – Group S2 Enclosed Parking Garages
15.14.480 Section 903.2.10.1 – Section Deletion
15.14.485 Section 903.2.11 – Specific Building Areas and Hazards
15.14.490 Section 903.2.11.3 – Exceptions Deletions
15.14.495 Section 903.2.11.7 Undetermined Use Design
15.14.500 Section 903.2.11.8 – High Pile Storage
15.14.505 Section 903.2.21 903.2.20 - Local Fire Sprinkler System Requirements
15.14.510 Section 903.2.21.1 903.2.20.1 - System – Requirements
15.14.5150 Section 903.2.21.2 903.2.20.2 - Additions – Residential
15.14.520 Section 903.2.21.3 903.2.20.3 - Additions – Commercial
15.14.525 Section 903.2.21.4 903.2.20.4 - Remodels, Alterations, or Repairs
15.14.530 Section 903.2.21.5 903.2.20.5 - Changes in Occupancy
15.14.535 Section 903.2.21.6 903.2.20.6 – Elevation of Existing Buildings
15.14.540 Section 903.2.21.7 903.2.20.7 – Residential Sprinkler Pressure Relief
15.14.545 Section 903.2.21.8 903.2.20.8 – Residential Freeze Protection
15.14.550 Section 903.3 – Installation Requirements
15.14.560 Section 903.3.7 – Fire Department Connections
15.14.565 Section 903.4 – Sprinkler System Supervision and Alarms
15.14.570 Section 903.4.1 - Monitoring
15.14.575 Section 903.4.2 - Alarms
15.14.580 Section 903.6 – Where Required in Existing Buildings and Structures
15.14.585 Section 903.6.1 – Substantial Remodel
15.14.590 Section 903.6.2 – Substantial Addition
15.14.595 Section 903.6.3 – Substantial Alterations
15.14.600 Section 904.12 – Commercial Cooking Systems
15.14.605 Section 905.3.1 - Standpipe Systems Building Height
15.14.610 Section 905.9 - Valve Supervision
15.14.615 Section 907.2.8.1 - Group R-1Fire Alarm Systems
15.14.620 Section 912.2 – Location
15.14.625 Section 1103.1 – Required Construction
15.14.630 Section 1103.2 – Emergency Responder Radio Coverage in Existing Buildings
15.14.635 Sections 1103.3 through 1103.5.4 – Section Deletions
15.14.640 Section 1104 – Section Deletion
15.14.643 Section 1205.1 – Solar Photovoltaic Systems
15.14.645 Section 1105 – Section Deletion
15.14.648 Section 1204 - Solar Photovoltaic Power Systems
15.14.650 Section 3102.1 Definitions
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15.14.652 Section 3313.1. When Required
15.14.653 Sections 3313.2 through 3313.5 Section Deletion
15.14.655 Section 3314.3 – Where Required
15.14.660 Section 3314.5 Detailed Requirements
15.14.665 Section 4902.1 - Definitions
15.14.670 Section 4906.2 - Application
15.14.675 Section 4907.1 - Defensible Space
15.14.680 Section 5001.5.3 - Electronic Reporting
15.14.685 Section 5003.3.1 - Unauthorized Discharges
15.14.690 Section 5608.2 – Geographical Limits
15.14.695 Section 5608.3 – Prohibition of Fireworks
15.14.700 Section 5704.2.9.6.1 – Locations where above ground tanks are prohibited
15.14.705 Section 5706.2.4.4 – Locations where above ground tanks are prohibited
15.14.710 Section 5806.2 – Limitations
15.14.715 Section 6104.2 – Maximum capacity within established limits
15.14.720 Chapter 80 Referenced Standards NFPA 13D-16
15.14.725 Chapter 80 Referenced Standards NFPA 13R-16
15.14.730 Chapter 80 Referenced Standards NFPA 72-16
15.14.735 Section A101 - Appendix A-Appeals of Fireworks Booth Sales Permits
15.14.740 Section B105.1 - Appendix B - One and Two Family Dwellings
15.14.745 Section B105.2 - Appendix B - Buildings Other than One and Two Family Dwellings
15.14.750 Appendix Table B105.1(1)
15.14.755 Appendix Table B105.2
15.14.760 Section C103.1 – Hydrant Spacing
15.14.765 Section C103.2 – Average Spacing
15.14.770 Section C103.3 – Maximum Spacing
15.14.775 Table C102.1 & C105.1 - Appendix C - Footnote Additions
15.14.780 Section D103.1 – Access Road Width with a Hydrant
15.14.785 Section D103.2 - Appendix D - Grade
15.14.790 Section D103.3 - Appendix D - Turning Radius
15.14.795 Section D103.4.1 - Appendix D - Dead End Roads
15.14.800 Table D103.4 - Appendix D - Deleted
15.14.805 Section D103.6 - Appendix D – Signs
15.14.810 Section D103.6.1 – Section Deleted
15.14.815 Section D103.6.2 – Section Deleted
15.14.820 Section D104.2 - Appendix D - Buildings Exceeding 62,000 Square Feet in Area
15.14.825 Section D106.1 - Appendix D - Projects Having More than 50 Dwelling Units (Exception)
15.14.830 Section D106.2 - Appendix D – Section Deletion
15.14.835 Section D107.1 - Appendix D - One and Two Family Residential Developments
15.14.840 Section D107.1 - Appendix D - Exception Deletion
15.14.010 − Adoption and Citation. The California Fire Code, 2022 Edition, with appendices Chapter 4, B, C, D, E, F, G, H, I, J, K, L, N, O, and P and standards, as set forth in Title 9 of Title 24 of the California Code of Regulations, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.14” before the sections of the California Fire Code.
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15.14.020 − Section 101.1 Division II - Title. Section 101.1 is amended to read as follows: These regulations shall be known as the Fire Code of the City of Cloverdale, hereinafter referred to as “this code.”
15.14.030 − Section 102.3 Change of use or occupancy. Section 102.3 is amended to read as follows: No change shall be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the California Building Code as adopted by the City of Cloverdale City Council (City Council). Subject to the approval of the Fire Code Official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code and the California Building Code as adopted by the City Council for those groups, provided the new or proposed use is less hazardous, based on fire and life safety risks, than the existing use.
15.14.040 − Section 102.7.3 Supplemental rules, regulations and standards. Section 102.7.3 is added to read as follows: The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Prevention Standards to carry out the application and intent of its provisions.
15.14.050 − Section 104.3 Right of Entry. Section 104.3 is amended to read as follows:
A. The Fire Code Official or his authorized representative, in the performance of duties herein prescribed, shall have the right to enter upon and into any and all premises under his jurisdiction, at all reasonable hours for the purpose of inspecting the same to determine whether or not the provisions of this code and all applicable laws or ordinances pertaining to the protection of persons and property from fire, explosion or exposure to hazardous materials are observed therein. Provided, however, that an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of Civil Procedure shall be first secured where entry is refused, except in an emergency situation. No owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Fire Code Official or his authorized representative for the purpose of inspection and examination pursuant to this code. Failure to permit such entry shall constitute a misdemeanor.
B. The Fire Code Official and his duly authorized representative shall have the authority to enter any building or premises for the purpose of extinguishment or controlling any fire, performing rescue operations, investigating the existence of suspected or reported fires, gas leaks or other hazardous conditions or taking any other action necessary in the reasonable performance of their duty.
15.14.060 − Section 104.11.4 Charges. Section 104.11.4 is added to read as follows: The expense of securing any emergency that is within the responsibility for enforcement of the Fire Code Official as given in Section 104.11 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person to the City and shall be collectable by the Fire Code Official for proper distribution in the same manner as in the case of an obligation under an expressed or implied contract. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation and clean up the site. 172
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15.14.070 − Section 105.2 Application for Permit: Fees. Section 105.2 is amended to read as follows: All applications for a permit required by this code shall be made to the Bureau of Fire Prevention or the Unified Program Agency in such form and detail as it shall prescribe. Application for permits shall be accompanied by such plans as required by the Bureau. The City Council may establish fees, by resolution, for permit applications.
15.14.080 − Section 112 109.4 Violation Penalties. Section 112 109.4 is amended to read as follows:
A. Every person who violates any provision of this chapter, including any provision of the California Fire Code as amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and/or by imprisonment for up to six (6) months. A person is guilty of a separate offense for each day during which he/she commits, or continues or permits a violation of said Code, or each time he/she disobeys a valid order of a firefighter or enforcement officer.
B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute, or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance and enforced by a civil court action as provided in Chapter 1.13 of the Cloverdale Municipal Code or via administrative enforcement as a nuisance pursuant to Cloverdale Municipal Code Chapters 1.10, 1.11, 1.14 and 1.15 as those chapters may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense by seeking the appointment of a receiver, or in any other manner provided by law.
C. Administrative citation pursuant to California Health & Safety Code Section 12557. In addition to any other remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of section 15.14.560 of this chapter may be enforced by administrative citation pursuant to California Health & Safety Code section 12557 when a violation relates to the possession, use, storage, sale and/or display of fireworks classified as dangerous fireworks as defined herein and/or the use of state approved fireworks as defined herein on or at dates, times and/or locations other than those permitted by this section.
1. The imposition of fines related to dangerous fireworks under this section shall be limited to persons who possess, sell, use and/or display, or to the seizure of less than 25 pounds (gross weight) of such dangerous fireworks.
2. Fines collected pursuant to this section shall not be subject to California Health & Safety Code section 12706, which provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations as adopted, or as may be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the City, which costs will be part of any administrative fine imposed. Unless and until such regulations have been adopted by the State of California, the City shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for the cost of transportation and disposal of any dangerous fireworks seized by the City. 173
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3. Other than as expressly modified herein, enforcement of violations by administrative citation pursuant to California Health & Safety Code section 12557 shall be subject to the provisions of Cloverdale Municipal Code Chapter 1.14.
15.14.090 − Section 113 Failure to Comply. Section 113 is amended to read as follows: Any person, who shall continue to work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine as determined by the City of Cloverdale Municipal Code or State law.
15.14.100 – Section 202 Definitions. Section 202 is amended to add the following definitions:
Alteration of Floor Area. For the purpose of this definition, the following criteria shall be considered in determining the percentage of “alteration of floor area.” The 50% referred to under “Substantial Remodel” applies to the entire building’s gross floor area in plan view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:
1. Removing wall finished and exposing framing of:
a. Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). b. Perimeter exterior wall (one or both sides).
2. New wall construction, removing, or repositioning, either interior or perimeter exterior walls. The rooms or spaces on both sides of the wall will be included in the calculation.
3. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins, or floor joists. The floor joists must be within a floor/ceiling assembly.
4. Removal of the roof structure (only rooms or spaces that are directly below the removed roof structure will be included in the calculation).
5. In the non-residential portion of multi-tenant buildings, individual tenant space improvements in which the space is reduced to a “shell” condition shall require that the future tenant improvements comply with these fire sprinkler requirements.
6. Other alterations considered substantial by the Fire Code Official (see DSA-AC definition of “Alteration” in the 2022 California Building Code).
Items 7, 8 and 9 are not to be included in the alteration of floor area calculations:
7. Partial removal of wall finishes necessary for repair due to flooding.
8. Removal of floor finishes which exposes floor framing and/or the removal of concrete slab, unless part of a floor/ceiling assembly.
9. Relocating plumbing fixtures in bathrooms and/or kitchen.
Membrane Structure. An air-inflated, air-supported, cable or frame-covered structure as defined by the California Building Code and not otherwise defined as a ten or umbrella structure. See Chapter 31 of the California Building Code.
Substantial Addition. An existing building or structure not classified as Group R-3 occupancy, which undergoes any addition of floor area that is greater than twenty-five percent (25%) of the existing gross floor area.
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Substantial Addition, Group R-3. An existing Group R-3 building or structure, which undergoes any addition of floor area that exceeds fifty percent (50%) of the existing gross floor area.
Substantial Remodel. In all existing building or structures, any alteration of floor area that is greater than fifty percent (50%) of the existing gross floor area or meets the definition of a substantial improvement as defined by the California Building Code. (see Alteration of floor area).
Umbrella Structure. A structure, enclosure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by a central pole. (See Membrane Structure and Tent).
Unwarranted Alarm. The giving, signaling or transition of an alarm notification to a public fire station or emergency communication center with such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.
15.14.110 – Section 202 Definitions. Section 202 definition of “Tent” is amended to read as follows: A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.
15.14.120 – Section 401.3.2.1 Unwarranted Alarm Notification. Section 401.3.2.1 is added to read as follows: Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. The Fire Code Official may determine a fire alarm to be an unwarranted alarm notification upon receipt of more than four (4) false alarms within a twelve-month period. Upon making such a finding, the Fire Code Official may order the following:
1. For any nuisance alarm where the system is not restored, the Fire Code Official may require the system owner to provide standby personnel or take such other measures, as the Fire Code Official deems appropriate. Persons or activities required by the Fire Code Official shall remain in place until a fire department approved fire alarm maintenance firm certifies in writing to the Fire Code Official that the alarm system has been restored to a reliable condition. The Fire Code Official may require such tests, as he deems necessary to demonstrate the adequacy of the system.
2. Upon the fifth (5th) and sixth (6th) nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $150.00, plus the cost of fire engine response, for each occurrence.
3. Upon the seventh (7th) and eighth (8th) nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $300.00, plus the cost of fire engine response.
4. Upon the ninth (9th) and following nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $500.00, plus the cost of fire engine response, for each occurrence.
The responsible party may be liable for additional operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. 175
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15.14.130 – Section 402.1 Definitions. Section 402.1 is amended to add as follows: Unwarranted Alarm.
15.14.140 − Section 503.1.1 Building and Facilities. Section 503.1.1(Exception 1) is amended to read as follows:
Exception:
The building is equipped throughout with an approved automatic sprinkler system installed in accordance with this chapter and City standards.
15.14.150 − Section 503.2.1 Dimensions. Section 503.2.1 is amended to read as follows: Fire apparatus access roads serving four or more parcels(minor/major subdivision) shall have an unobstructed width from curb to curb that is consistent with the Cloverdale General Plan or no less than 20 feet, exclusive of shoulders. Driveways serving three or fewer structures may have the following widths: Three structures, 16 feet; two structures, 12 feet; and one structure, 10 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. In areas designated as Wildland Urban Interface (WUI) as shown in the Cloverdale General Plan, access roads shall have a flammable vegetation clearance area on each side of the road or driveway of not less than ten (10) feet unless otherwise authorized by the Fire Code Official due to extenuating circumstances.
15.14.160 − Section 503.2.3 Surface. Section 503.2.3 is amended to read as follows: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Roadways or driveways in excess of 15% shall have a concrete surface with a thickness and aggregate base approved by the Fire Code Official and City Engineer.
15.14.170 − Section 503.2.4 Turning Radius. Section 503.2.4 is amended to read as follows: The turning radius of a fire apparatus access road shall not be less than 25 feet inside and 45 feet outside unless otherwise approved by the Fire Code Official.
15.14.180 − Section 503.2.6 Bridges and Elevated Surfaces. Section 503.2.6 is amended to read as follows: Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with the American Association of State Highway and Transportation Officials (AASHTO) HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the Fire Code Official.
15.14.190 − Section 503.2.6.1 Evaluation. Section 503.2.6.1 is added to read as follows: All existing private bridges and elevated surfaces that are part of the fire department access roadway, shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for the purposes of safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: “The Manual for Bridge Evaluation”, Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the Fire Code Official or authorized designee.
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15.14.200 − Section 503.2.6.2 Bridge Maintenance. Section 503.2.6.2 is added to read as follows: All new and existing private bridges and elevated structures providing emergency access shall be routinely evaluated and maintained in accordance with the American Association of State Highway and Transportation Officials (AASHTO) Manual: ``The Manual for Bridge Evaluation,'' Second Edition, 2011, published by the American Association of State Highway and Transportation Officials or other approved standard.
15.14.210 − Section 503.2.7 Grade. Section 503.2.7 is amended to read as follows: No road or driveway shall have a maximum grade in excess of fifteen percent (15%) unless approved by the Fire Code Official, which may require additional fire protection measures. To accommodate unusual access constraints, a road or driveway may include grades up to 20% for distances not exceeding three hundred (300) feet.
15.14.220 − Section 503.4 Obstruction of Fire Apparatus Access Roads. Section 503.4 is amended to read as follows: Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances as established in Section 503.2.1 and 503.2.2 shall be maintained at all times. Vehicles found to be parked in public and private areas identified as Fire Lanes, Hydrant Zones, or any other fire department access way identified by this code may be immediately towed if, in the opinion of the fire or police department, the vehicle would hinder or impede access to the property, area or fire protection device.
15.14.230 − Section 505.1 Address Identification. Section 505.1 is amended to read as follows:
New buildings and tenant spaces shall have approved illuminated address numbers or building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be in contrasting color with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Character size and stroke shall be in accordance with Section 505.1.1 through 505.1.2. Where required by the Fire Code Official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the Fire Code Official, a monument, pole, or other approved illuminated sign or other approved means shall be used to identify the structure. Address identification shall be maintained. For existing properties, any additions, alterations or other work requiring a permit with a valuation over $20,000, approved numbers or addresses shall be installed.
15.14.240 − Section 505.1.1 Numbersfor One and Two Family Dwellings. Section 505.1.1 is added to read as follows: Numbers for one and two- family dwellings shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. Numbers shall not be spelled out. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure.
15.14.250 − Section 505.1.2 Numbers for Other than One and Two Family Dwellings. Section 505.1.2 is as added to read as follows: Numbers for other than one and two-family dwellings shall be a minimum of 12 inches high with a minimum stroke width of 1 inch. Numbers shall not be spelled out.
Suite numbers for other than one and two-family dwellings shall be a minimum of 6 inches high with a minimum stroke width of 0.75 inches.
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Exception: These requirements may be modified with the approval of the Fire Code Official.
15.14.260 – Section 505.1.3 Complex Directory. Section 505.1.3 is added to read as follows:
Where two or more buildings cannot be viewed from the public way or when determined by the Fire Code Official, an approved illuminated complex directory, monument, pole, or other approved sign or means shall be used to identify the structures at the main entrances to the property.
15.14.270 − Section 506.1 Key Boxes - Where Required. Section 506.1 is amended to read as follows: When access to or within a structure or area is determined to be unduly difficult by the Fire Code Official because of secured openings (doors or gates), or due to the presence of hazardous materials or fire protection systems a key box shall be required to be installed at an accessible location. The key box shall be an approved type and contain those keys necessary to gain access.
15.14.280 − Section 507.5 Fire Hydrant Systems. Section 507.5 is amended to read as follows:
Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6 and Appendix C as amended.
15.14.290 − Section 507.5.1 Where Required. Section 507.5.1 is amended to read as follows:
Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 250 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and fire mains shall be provided where required by the Fire Code Official.
15.14.300 − Section 507.5.1 Exception Exception Deletion. Section 507.5.1 (Exception is deleted.
15.14.310 – Section 507.5.1.1 Hydrant for fire department connection. Section 507.5.1.1 is amended to read as follows: Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within fifty (50) feet of a fire department connection (FDC), or as approved by the Fire Code Official. (Also see Section 912.2)
15.14.320 – Section 507.5.7 Fire Hydrant Street Marker. Section 507.5.7 is added to read as follows: Fire hydrant locations shall be visually indicated in accordance with the City of Cloverdale standards or as approved by the Fire Code Official, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
15.14.330 − Section 510.1 Emergency Responder Radio Coverage in Buildings. Section 510.1 is amended to read as follows: All buildings shall have approved radio coverage for emergency responders within the building. The system shall comply with this section and the Fire Department Standard for Emergency Responder Radio Coverage Systems.
15.14.340 − Section 510.1 Exception 1 Deletion. Section 510.1 (Exception 1) is deleted.
15.14.350 – Section 510.5 Installation Requirements. Section 510.5 is amended to read as follows: The installation of the in building, two-way emergency responder communication coverage system shall be in accordance with NFPA 1221, NFPA 1225 and Sections 510.5.2 through 510.5.5
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15.14.360 − Blank
15.14.370 − Section 901.7.7 Problematic and Unreliable Fire Alarms. Section 901.7.7 is added to read as follows: The Fire Code Official may determine a fire alarm to be unreliable upon receipt of more than four (4) false alarms within a twelve-month period. Upon making such a finding, the Fire Code Official may order the following:
(a) For any nuisance alarm where the system is not restored, the Fire Code Official may require the system owner to provide standby personnel or take such other measures, as the Fire Code Official deems appropriate. Persons or activities required by the Fire Code Official shall remain in place until a fire department approved fire alarm maintenance firm certifies in writing to the Fire Code Official that the alarm system has been restored to a reliable condition. The Fire Code Official may require such tests as he deems necessary to demonstrate the adequacy of the system. (b) Upon the fifth (5th) and sixth (6th) nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $150.00, plus the cost of fire engine response, for each occurrence.
(c) Upon the seventh (7th) and eighth (8th) nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $300.00, plus the cost of fire engine response.
(d) Upon the ninth (9th) and following nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $500.00, plus the cost of fire engine response, for each occurrence.
15.14.380 – Section 902.1 Definitions. Section 902.1 is amended to add the following:
Alteration of Floor Area
Substantial Addition
Substantial Addition, Group R-3
Substantial Improvement (See California Building Code, Chapter 2) Substantial Remodel
15.14.390 − Section 903.2 Where Required. Section 903.2 is amended to read as follows:
Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations as described in sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21. Approved automatic sprinkler systems in existing buildings and structures shall be provided in locations described in Section 903.6. Additional local requirements are described in Section 903.2.22 and may supersede the following requirements. The most restrictive requirement shall apply.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less.
2. Agricultural buildings and private riding arenas as approved by the fire or building code official.
3. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
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4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy.
5. Detached Car Ports of non-combustible construction with no habitable space above.
6. Detached Group B or M occupancies 500 sq.ft. or less.
15.14.400 – Section 903.2.1 Group A. Section 903.2.1 is amended to read as follows: An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.
15.14.405 – Section 903.2.1.1 through 903.2.1.5.1 Section Deletion. Sections 903.2.1.1 through 903.2.1.5.1 are deleted.
15.14.410 – Section 903.2.1.6 Assembly Occupancies on Roofs. Section 903.2.1.6 is amended to read as follows: Where an occupied roof has assembly occupancy with an occupant load exceeding 100 for Group A-2 and 300 for other Group A occupancies, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.14.1 or 903.3.1.2.
15.14.415 – Section 903.2.1.7 Section Deletion. Section 903.2.1.7 is deleted.
15.14.420 – Section 903.2.2 Ambulatory Care Facilities. Section 903.2.2 is amended to read as follows: An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.
15.14.425 – Section 903.2.3 Group E. Section 903.2.3 is amended to read as follows: An automatic sprinkler system shall be installed throughout buildings containing Group E occupancy. For public school state-funded construction projects see Section 903.2.19.
15.14.430 – Section 903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.
15.14.435 – Section 903.2.4.1 Section Deletion. Section 903.2.4.1 is deleted.
15.14.437 – Section 903.2.4.3 Section Deletion. Section 903.2.4.3 is deleted.
15.14.440 – Section 903.2.5.3 Pyroxylin Plastics. Section 903.2.5.3 is amended to read as follows:
An automatic sprinkler system shall be provided throughout buildings where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding 100 pounds (45 kg).
15.14.445 – Section 903.2.6.1 Group I-2. Section 903.2.6.1 is deleted.
15.14.450 – Section 903.2.6.2 Group I-3. Section 903.2.6.2 is amended to read as follows: Every building where inmates or persons are in custody or restrained shall be protected by an automatic sprinkler system conforming to NFPA 13. The main sprinkler control valve or valves and all other control valves in the system shall be locked in the open position and electronically supervised so that at least an audible and visible alarm will sound at a constantly attended location when valves are closed. The sprinkler branch piping serving cells may be embedded in the concrete construction.
15.14.455 – Section 903.2.7 Group M. Section 903.2.7 is amended to read as follows: An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (464 m2
)
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15.14.457 – Section 903.2.7.2 Section Deletion. Section 903.2.7.2 is deleted.
15.14.460 – Section 903.2.8.1 Group R-3. Section 903.2.8.1 is amended to read as follows: An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all newly constructed one – and two family dwellings regardless of square footage in accordance with the City of Cloverdale California Residential Building Code Sections 15.06.040, 15.06.060, and 15.06.070. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations.
15.14.465 – Section 903.2.9 Group S. Section 903.2.9 is amended to read as follows: An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.
15.14.470 – Sections 903.2.9.1 through 903.2.9.2 Section Deletion. Sections 903.2.9.1 through 903.2.9.2 are deleted.
15.14.475 – Section 903.2.10 Group S2 Enclosed Parking Garages. Section 903.2.10 is deleted in its entirety and replaced with the following: An automatic sprinkler system shall be provided throughout buildings classified as parking garages.
15.14.480 – Section 903.2.10.1 Commercial Parking Garages. Section 903.2.10.1 is deleted.
15.14.485 – Section 903.2.11 Specific Buildings Areas and Hazards. Section 903.2.11 is amended to read as follows: In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (928m2
), an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11 through 903.2.11.8.
15.14.490 – Section 903.2.11.3 Exceptions. Section 903.2.11.3 Exceptions #1 and #2 are deleted.
15.14.495 – Section 903.2.11.7 Undetermined Use Design. Section 903.2.11.7 is added to read as follows: Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (2,784m2
). Where a subsequent occupancy change requires a
system with greater capacity, it shall be the building owner’s responsibility to upgrade the system to the required density.
15.14.500 – Section 903.2.11.8 High-piled Storage. Section 903.2.11.8 is added to read as follows:
An automatic sprinkler system shall be provided throughout as required in Chapter 32 in all buildings where storage is in high-pile or rack storage arrays.
15.14.505 − Section 903.2.22 Local Fire Sprinkler System Requirements. Section 903.2.22 is added to read as follows: Section 903.2.22 Local Fire Sprinkler System Requirements is added and shall be in accordance with Sections 903.2.22.1 through 903.2.22.8.
15.14.510 − Section 903.2.22.1 System Requirements. Section 903.2.22.1 is added to read as follows:
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An automatic sprinkler system shall be installed and maintained in all newly constructed buildings.
Exceptions:
1. Detached Group U occupancies 1,000 sq. ft. or less. Agricultural buildings and private riding arenas as approved by the fire or building code official.
2. Detached pool houses up to 1,000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
3. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy and conforming with CBC Section 406.7.
4. Detached Car Ports of non-combustible construction with no habitable space above.
5. Detached Group B or M occupancies 500 sq. ft. or less.
15.14.515 − Section 903.2.22.2 Additions–Residential. Section 903.2.22.2 is added to read as follows: Additions to existing R3 occupancy residential buildings that meet the definition of Substantial Addition, Group R-3 shall meet the requirements for new construction. All additions to all Group R occupancy residential buildings with an existing approved automatic sprinkler system shall be required to extend the sprinkler system into the addition.
Additions to existing Group R-1 occupancies that result in additional guest rooms or guest units shall meet the requirements for a newly constructed building.
15.14.520 − Section 903.2.22.3 Additions–Commercial. Section 903.2.22.3 is added to read as follows: Additions to existing commercial buildings that meet the definition of Substantial Addition shall meet the requirements for a newly constructed building. All additions to commercial buildings with an existing approved automatic sprinkler system shall be required to extend the sprinklers into the addition.
Additions to existing Group R-1 occupancies that result in additional guest rooms or guest units shall meet the requirements for a newly constructed building.
15.14.525 − Section 903.2.22.4 Remodels, Alterations, or Repairs. Section 903.2.22.4 is added to read as follows: For remodels, alterations or repairs to an existing building involving demolition, removal or repair which meets the definition of a Substantial Remodel, the building shall meet the automatic fire sprinkler requirements for a newly constructed building.
Exceptions:
1. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act.
2. Whenever there are practical difficulties involved, the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life, and fire safety requirements as permitted in Section 104.8 of the Fire Code.
3. Additions or repairs solely for the purpose of seismic retrofit.
15.14.530 − Section 903.2.22.5 Changes in Occupancy. Section 903.2.22.5 is added to read as follows: Where any change of occupancy occurs where the proposed new occupancy classification is more hazardous based on fire and life safety risks as determined by the Fire Code Official, including, but not limited to, the conversion of residential buildings to condominiums, the building shall meet the requirements for a newly constructed building.
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15.14.535 − Section 903.2.22.6 Elevation of Existing Buildings. Section 903.2.22.6 is added to read as follows: An automatic fire extinguishing system shall be installed throughout all existing buildings when the building is elevated to: three or more stories, or more than 35 feet in height, from grade to the exposed roof.
Exceptions: An automatic fire-extinguishing system need not be provided when the area above 35 feet is provided for aesthetic purposes only and is a non-habitable space.
15.14.540 – Section 903.2.22.7 Residential Sprinkler Pressure Relief. Section 903.2.21.7 is added to read as follows: Residential fire sprinkler systems shall have an NFPA 13D approved pressure relief valve when static pressures are greater than 80 psi.
15.14.545 – Section 903.2.21.8 Residential Freeze Protection. Section 903.2.22.8 is added to read as follows: Residential fire sprinkler systems shall have adequate freeze protection to address outside temperatures below 40 degrees Fahrenheit. This can be achieved by insulating coverings or other reliable means of maintaining a minimum temperature of 40 degrees Fahrenheit.
15.14.550 − Section 903.3 Installation Requirements. Section 903.3 is amended to read as follows: Sprinkler systems shall be installed in accordance with NFPA 13, NFPA 13R, if approved by the Fire Code Official, and NFPA 13D.
15.14.560 − Section 903.3.7 Fire Department Connections. Section 903.3.7 is amended to read as follows: The location of the fire department connections (FDC’s) shall be approved by the Fire Code Official. Approved locking caps shall be provided on all newly installed FDC’s and on any existing FDC’s found to be vandalized.
15.14.565 − Section 903.4 Sprinkler System Supervision and Alarms. Section 903.4 is amended to read as follows: Except for Group R, Division 3 Occupancies, all valves controlling the water supply for automatic sprinkler systems, and associated pumps, tanks, water levels, critical air pressures and water flow switches shall be electronically supervised by a listed fire alarm control unit.
15.14.570 − Section 903.4.1 Monitoring. Section 903.4.1 is amended to read as follows: Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station, or proprietary supervising station as defined in NFPA 72, or when approved by the Fire Code Official, shall sound an audible alarm at a constantly attended location.
15.14.575 – Section 903.4.2 Alarms. Section 903.4.2 is amended to read as follows: One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
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15.14.580 – Section 903.6 Where Required in Existing Buildings and Structures. Section 903.6 is amended to read as follows: An automatic sprinkler system shall be provided throughout existing buildings and structures where required in Sections 903.6.1 through 903.6.3.
15.14.585 – Section 903.6.1 Substantial Remodel. Section 903.6.1 is added to read as follows: An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial remodel or substantial improvement.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less.
2. Agricultural buildings and private riding arenas as approved by the fire or building code official.
3. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy.
5. Detached Carports of non-combustible construction with no habitable space above.
6. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act (ADA) or as contained in CBC exception #4 of Section 11B-204.2.
7. Partial removal of wall or floor finishes necessary for repair due to flooding.
8. Whenever there are practical difficulties involved the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life and fire safety requirements as permitted in Section 104.8.
15.14.590 – Section 903.6.2 Substantial Addition. Section 903.6.2 is added to read as follows: An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial addition.
15.14.595 – Section 903.6.3 Substantial Alteration. Section 903.6.3 is added to read as follows:
An automatic sprinkler system shall be provided throughout all buildings that undergo any combination of substantial remodel, addition or both that equals fifty percent (50%) of the existing gross floor area.
Exceptions:
1. Detached Group U occupancies 1000 sq. ft. or less.
2. Agricultural buildings and private riding arenas as approved by the fire or building code official.
3. Detached pool houses up to 1000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.
4. Detached non-combustible motor vehicle fuel dispensing canopies classified as a Group M occupancy.
5. Detached Carports of non-combustible construction with no habitable space above.
6. Alterations or additions made solely for the purpose of complying with the Americans with Disabilities Act (ADA) or as contained in CBC exception #4 of Section 11B-204.2.
7. Partial removal of wall or floor finishes necessary for repair due to flooding.
8. Whenever there are practical difficulties involved the Fire Code Official shall have the authority to grant modifications in individual cases provided the modifications do not lessen the health, life and fire safety requirements as permitted in Section 104.8.
15.14.600 – Section 904.13 Commercial Cooking Systems. Section 904.13 is amended to read as follows: Commercial cooking equipment that produces grease laden vapors shall be provided with a Type 184
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I Hood, in accordance with the California Mechanical Code, NFPA 96, and an automatic fire extinguishing system that is listed and labeled for its intended use as follows:
1. Wet chemical extinguishing system, complying with UL 300.
2. Carbon dioxide extinguishing system.
3. Automatic fire sprinkler systems.
All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300.
Exceptions:
Public school kitchens, without deep-fat fryers, shall be upgraded to a UL 300 compliant system during state-funded modernization projects that are under the jurisdiction of the Division of the State Architect.
All systems shall be installed in accordance with the California Mechanical Code, NFPA 96, appropriate adopted standards, their listing and the manufactures, installation instructions.
Exception:
Factory-built commercial cooking recirculating systems that are tested, listed, labeled and installed in accordance with UL 710B and the California Mechanical Code and NFPA 96.
15.14.605 − Section 905.3.1 Standpipe Systems Building Height. Section 905.3.1 is amended to read as follows: Standpipes shall be installed in buildings three stories or more in height, with approved outlets on each floor above or below grade and the roof. Said outlets may be connected to the building’s fire sprinkler system.
15.14.610 − Section 905.9 Valve Supervision. Section 905.9 (Exception 2) is deleted.
15.14.615 − Section 907.2.8.1 Group R-1 Fire Alarm Systems. Section 907.2.8.1 (Exception 2.2) is amended to read as follows: Exception 2.2 Notification appliances installed in the common areas serving the residential units shall activate upon sprinkler water flow or manual station activation.
15.14.620 – Section 912.2 Location. Section 912.2 is amended to read as follows: With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be within 50 feet of a fire hydrant or approved by the Fire Code Official. (Also see Section 507.5.1.1).
15.14.625 – Section 1103.1 Required Construction. Section 1103.1 is amended to read as follows:
Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2, 1103.6, 1103.7, 1103.8 through 1103.8.5.3, 1103.9, and 1103.10. The provisions of this chapter shall not be constructed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes.
Exceptions:
1. Where a change in fire-resistance rating has been approved in accordance with Section 501.2 of the California Existing Building Code.
2. Group U occupancies.
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15.14.630 – Section 1103.2 Emergency Responder Radio coverage in Existing Buildings. Section 1103.2 Item #1 is deleted.
15.14.635 – Sections 1103.3 through 1103.5.5 Section Deletion. Sections 1103.3 through 1103.5.5 are deleted.
15.14.640 – Section 1104 Means of Egress for Existing Buildings. Section 1104 is deleted in its entirety.
15.14.643 − Section 1205.1 605.11 Solar Photovoltaic Systems. Section 1205.1 605.11 is amended to read as follows: Photovoltaic power systems shall be installed in accordance with the requirements of the California Building Code as amended, California Residential Building Code as amended, California Electrical Code, California Fire Code as amended and City of Cloverdale Fire Department Standard for installation of Photovoltaic Power Systems.
15.14.645 – Section 1105 Construction Requirements for Existing Group I-2. Section 1105 is deleted in its entirety.
15.14.650 – Section 3101.1 Scope. Section 3101.1 is amended to read as follows: Tents, umbrella structures, temporary stage canopies and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents, umbrella structures, and membrane structures. The provisions of Section 3104 are applicable to temporary and permanent tents, umbrella structures, and membrane structures. Other temporary structures shall comply with the California Building Code. These building standards govern the use of tents, umbrella structures, awning’s or other fabric enclosures, including membrane (air-supported and air-inflated) structures and places of assemblage, in or under which 10 or more persons may gather for any lawful purpose.
Exceptions:
1. Tents, umbrella structures, awnings or other fabric enclosures used to cover or enclose private swimming pools and similar facilities on the premises of private one- and twofamily dwellings.
2. Tents used to conduct committal services on the grounds of a cemetery.
3. Tents, umbrella structures, awing’s or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure which is equipped with an overhead automatic sprinkler system.
4. Tensioned membrane roof materials supported by ridged frames or installed on a mast and cable system provided such structures conform to the requirements of one of the types of construction as described in these regulations.
5. Fabric structures which are part of mobile homes, recreational vehicles, or commercial coaches governed by the provisions of Division 13, Part 2, Health and Safety Code (Department of Housing and Community Development).
15.14.652 – Section 3313.1. When Required. Section 3313.1 is amended to read as follows: An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site or installation of a standpipe system in buildings under construction.
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15.14.653 – Sections 3313.2 through 3313.5 Section Deletion. Sections 3313.2 through 3313.5 are deleted.
15.14.655 – Section 3315.3 Where required. Section 3315.3 is added to read as follows: In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet (12,192 mm) in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.
15.14.660 – Section 3315.5 Detailed requirements. Section 3315.5 is added to read as follows:
Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903.
15.14.665 − Section 4902.1 Definitions. Section 4902.1 is amended to read as follows: WildlandUrban Interface Fire Area is a geographical area located within any Moderate, High or Very High Fire Severity Zone in accordance with Public Resource Code Sections 4201–4204 and Government Code Sections 51175–51189, or in a Moderate or High Fire Severity Zone as identified in the Cloverdale General Plan.
15.14.670 − Section 4907.2 Application. Section 4907.2 is amended to read as follows: Buildings and structures located in the following areas shall maintain the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including:
1.1 Moderate Fire Hazard Severity Zones.
1.2 High Fire Severity Zones.
1.3 Very-High Fire Severity Zones.
2. Land designated as Very-high Fire Hazard Severity Zone by cities and other local agencies.
3. Land designated as Wildland-Urban Interface Fire Areas by cities and other local agencies.
15.14.675 − Section 4907.1 Defensible Space. Section 4907.1 is amended to read as follows:
Defensible space will be maintained around all building and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270. Buildings and structures withi0.n the Very High Fire Severity Zone of a Local Responsibility Area (LRA) shall maintain a defensible space as outlined in Government Code 51175–51189 and any local ordinance of the authority having jurisdiction. Buildings and structures within the Wildland-Urban Interface Fire Area of a Local Responsibility Area (LRA) shall maintain defensible space as outlined in the Government Code Sections 51175 – 51189 and local standards of the authority having jurisdiction.
15.14.680 − Section 5001.5.3 Electronic Reporting. Section 5001.5.3 is added to read as follows:
All Hazardous Material Management Plans (HMMP) and Hazardous Material Inventory Statements (HMIS) shall be submitted electronically as approved by the Fire Code Official.
15.14.685 − Section 5003.3.1 Unauthorized Discharges. Section 5003.3.1 is amended to read as follows: Any suspected or actual hazardous material, as defined by this code, including any suspected or 187
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actual carcinogen, which escapes into the environment through an unauthorized release shall be reported to the Fire Code Official immediately upon discovery, regardless of whether the release occurs on or off the site of the permitted facility and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4, shall be followed.
15.14.690 – Section 5608.2 5806.2 Geographic limits where fireworks displays are prohibited Section 5608.2 is added to read as follows: Prohibited in any area as established by applicable land-use and zoning standards.
15.14.695 − Section 5608.3 Prohibition of Fireworks. Section 5608.3 is added to read as follows:
A. Definitions. The following words have the following meanings in this section:
“Dangerous Fireworks” means dangerous fireworks as defined in Health and Safety Code sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, Subchapter 6, which are hereby incorporated by reference, as those sections may be amended from time to time. “Enforcement Officer” means any person designated by the City Manager, including, without limitation, any fire district official or other designated public agency official authorized to enforce this section.
“Fireworks Stand/Booth” means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks. “Nonprofit organization” means, for the purposes of this section, any nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes pursuant to Internal Revenue Code Sections 501 (c) 3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501 (d), Section 501 (e); or that has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State of California; or a group that is an integral part of a recognized national organization having such tax-exempt status; or a nonprofit organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the City or a public and/or private community college, college and/or university that is located within the boundaries of the City. “Permit” means the authorization issued by qualified City officials allowing the sale of safe and sane fireworks in accordance with this section.
“Permittee” means a qualified applicant as defined in this section that has been issued a permit that is valid and has not been revoked in accordance with this section. “Person” means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this section occurred.
“Principal and permanent meeting place” means a permanent structure, playing field, geographic area or service population that resides in or is located within the City. 188
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“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks by a licensed pyro-technician. “Qualified applicant” means any group or organization that has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit required by this section and that continues to meet the criteria for the duration of any permit issued by the City pursuant to this section:
i. The organization must be a nonprofit organization as defined in this section; ii. The organization must have its principal and permanent meeting place within the City; iii. The organization must be one that provides direct and regular community services and benefits to the residents of the City;
iv. The organization must have a minimum bona fide membership of at least twenty (20) members who either reside in the City, are employed in the City, or are owners or operators of a business or other establishment located in the City;
v. Neither the organization nor any of its officers and/or officials have been found by any court or City administrative process to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four calendar months prior to the organization’s submittal of an application for a permit to sell; and
vi. The organization has not had a permit to sell fireworks revoked within twenty-four months prior to the organization’s submittal of an application for a permit. “Responsible person” means a person who causes a violation of this section to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has notice of any violation existing on said property. For purposes of this section, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this section may be issued a citation in accordance with the provisions of this section. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.
“Safe and Sane Fireworks,” also known as “State approved fireworks,” shall mean safe and sane fireworks as defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations Subchapter 6, which are hereby incorporated by reference, as those sections may be amended from time to time.
B. Fireworks. Except as hereinafter provided, it shall be unlawful for any person, firm, corporation, association, organization or entity to possess, store, sell, use, or explode any dangerous fireworks or explode any rocket, firecracker, Roman candle, squib, torpedo, torpedo cane, wire core sparkler, wooden core sparkler, black cartridge, or other combustible device or explosive substance, or any kind of fireworks or dangerous fireworks by whatsoever name known within the City; provided, 189
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however, that the City may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a public agency, fair association, amusement park or other organization or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the City, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person in the opinion of the City.
Exception: Safe and Sane Fireworks: It shall not be unlawful to possess or sell within the City safe and sane fireworks as defined herein under the conditions and at the times and locations set forth in this section.
This section shall not apply to persons, businesses or entities licensed by the State Fire Marshal as a wholesaler and/or import/export concern to legally possess or sell fireworks, including those prohibited by this section, within the City for the primary purpose of sale and distribution outside the City.
Notwithstanding any contrary provision of this code, the City Council may in any given fireworks sales year prohibit the sale and discharge of safe and sane fireworks upon determining that conditions exist in the City, that may include, but are not limited to, fire weather events, fuel moisture, drought, limitations on available firefighting forces and/or other condition, that the City Council finds creates an extreme danger to the public health and safety and/or life and property of the residents, businesses and visitors of the City. In its sole discretion, the City Council may consult with the Cloverdale Fire Protection District prior to prohibiting the sale and discharge of safe and sane fireworks in any given fireworks sales year.
C. Fireworks—Conditions On Sales And Use.
1. Prohibition on Sale and Use of Fireworks. It is unlawful for any person, firm, corporation, association, or organization to sell or offer for sale any fireworks within the City, except as expressly permitted by this section. It is unlawful for any person, firm, corporation, association, organization or entity to use any fireworks within the City except as expressly permitted by this section.
2. Time of Sale. Subject to the provisions of the State Fireworks Law (California Health and Safety Code, Division 11, Part 2, Chapters 1-7, Health and Safety Code Sections 12500-12801), as amended from time to time, and the provisions of this code, state approved fireworks, as defined in Section 12504 of the California Health and Safety Code, may be sold within the City between the hours of 10:00 a.m. and 9:00 p.m. on July 1st, July 2nd, July 3rd and July 4th.
3. Permit Required. No person, firm, corporation, association, or organization shall sell safe and sane fireworks within the City unless they are a permittee. All permit applications shall be received by the City no later than the last day of May each year. No person, firm, corporation, association or other organization, other than the permittee or its authorized representatives shall operate the booth for which the permit is issued or share or otherwise participate in the profits of the operation of such booth.
4. Permit Application. Each qualified applicant for a safe and sane fireworks sales permit shall file a written application with the City showing the following information:
a. Name and address of the qualified applicant.
b. Location where the qualified applicant proposes to sell fireworks. 190
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c. Places of storage for fireworks.
d. Evidence that the qualified applicant meets the criteria specified in this section.
All applications for permits to sell safe and sane fireworks shall be in writing to the City on forms supplied by the City. In addition to the information required above, applications shall set forth any other information that may be required by the City.
Applications shall be accompanied by a certification executed by an authorized representative of the applicant that, if a permit is issued to the applicant, the applicant shall, at the time of receipt of such of permit, deliver to the City a certificate evidencing an occurrence-based policy of insurance naming the “City of Cloverdale and its officials, officers, employees, agents and volunteers” as additional insured’s thereunder, with the following minimum limits: $1,000,000 public liability and property damage; and general aggregate coverage of $2,000,000. No policy will be acceptable that contains a provision allowing a deductible amount. A copy of the requisite State Retail Sales Permit from the Office of the California State Fire Marshal must also be attached.
Every application for a permit to sell safe and sane fireworks shall state the zoning of the real property on which the fireworks stand is to be located, which zoning classification shall be obtained from the City planning department.
The City shall notify permit applicants by June 15 of permit approval or disapproval. All organizations whose permits have been approved shall have up to and including June 20th of that year to pick up their permits.
Every application for a permit shall be accompanied by a non-refundable application fee established by resolution of the City Council. This application fee shall be in addition to any fee or tax imposed by this section.
Every application shall set forth the proposed location of the fireworks stand, the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks booth during the period safe and sane fireworks are sold, displayed or stored at such location, and written permission from the owner of record (or lessor, if the property is subject to lease) upon which said proposed stand will be located.
5. Organization(s) Authorized to Sell. No permit to sell safe and sane fireworks shall be issued to any entities other than qualified applicants, as defined in this section.
6. Maximum Number of Permits to Sell. The maximum number of permits that may be issued and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this section during any one calendar year shall not exceed one permit for each 4,000 residents of the City or fraction thereof, based on the latest official roster of the State of California Census Estimate.
If the number of qualified applicants exceeds the number of permits allowed under this section, the City Council shall select the qualified applicants to whom permits shall be issued by the following method:
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a. Qualified applicants that were permittees during the preceding year shall have first priority for the available permits;
b. If the number of permits allowed for a year exceeds the number of the permittees from the preceding year that are applicants for that year, City staff shall forward a list of applicants who were not permittees the preceding year to the City Manager who shall, not later than on the 5th day of June, supervise an impartial drawing to determine an order of priority for each such application. Following the drawing, the City Manager shall forward to City staff a list of applications, numbered in order of priority for investigation and issuance of permits. Permits will be issued first to all qualified applicants that were permittees the preceding year, and then, in order of priority, to qualified applicants on the drawing list. c. After the authorized number of permits has been determined and all the authorized permits issued, all remaining qualified applicants shall be combined into one group. From that group one applicant shall be drawn as the first alternate and one applicant shall be drawn as the second alternate. The alternates may be offered a permit if one of the permits granted that year is surrendered or revoked prior to June 20th. An alternate permit shall first be offered to the alternate. An alternate permit shall be offered to the second alternate if the first alternate receives a permit and another permit becomes available, or if an alternate permit is available and the alternate declines a permit or ceases to be a qualified applicant.
7. Total Number of Booths Permitted. Fireworks sales permits shall limit each qualified applicant to one booth. The purpose of limiting booths to one per qualified applicant is to allow a maximum number of entities, organizations, or groups to participate in fireworks sales.
8. Insurance Requirements as a Condition of Sale. Each applicant for a permit shall file with the City, prior to the issuance of any permit, a policy of occurrence-type public liability insurance and property damage with applicable coverage of at least $1,000,000 and general aggregate coverage of $2,000,000.
No policy will be acceptable that contains a provision allowing for a deductible amount. The City, its officials, officers, employees, agents, and volunteers shall be named as additional insured’s on such insurance policy by a separate endorsement in a form acceptable to the City.
9. Determination of Eligibility by City—Right of Appeal. The City shall issue a permit to sell safe and sane fireworks unless:
a. The City finds, in writing, that the applicant does not meet the criteria for a qualified applicant as that term is defined in this section;
b. The City finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination regarding compliance with the requirements of this section;
c. The City finds, in writing, that the applicant is not in compliance with any of the requirements of this section;
d. The City finds, in writing, that one or more of the bases for revocation specified in the provision entitled, “Revocation of Permit; Appeal,” of this section applies; 192
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e. The City determines that the number of qualified applicants exceeds the number of available permits under the section entitled, “Maximum Number of Permits to Sell.” The City must advise, in writing, all qualified applicants of this determination no later than June 15th.
Any denial of a permit pursuant to this provision may be appealed pursuant to the procedures set forth in Section 15.14.735 of this Title.
10. Fireworks Booth—Restrictions on Sales.
a. All retail sales of State approved fireworks shall be permitted only within a temporary booth.
Sales from any other building or structure are prohibited. A fireworks booth need not comply with the provisions of the City’s Building Code; provided, however, that every fireworks booth shall be erected subject to inspection by City staff, who shall require that the fireworks booth be constructed in a manner that will reasonably ensure the safety of attendants and patrons. b. No booth shall have a floor area in excess of 750 square feet. All booths in excess of 20 feet in length must have two exits. Larger booths must have an exit for every 20 feet of length located 20 feet apart.
c. No booth shall be located within 25 feet of combustible buildings and/or building openings (windows or doors) or within 50 feet of any flammable materials or within one hundred (100) feet of any gasoline pump or distribution point or a natural gas meter. Location of booths is subject to City approval. d. All weeds and combustible materials shall be cleared in and around each booth for a distance of at least 25 feet in all directions.
e. “No Smoking” signs shall be prominently posted on all fireworks booths. Smoking is prohibited within any fireworks booth, and no person shall smoke within twenty-five (25) feet of any fireworks booth.
f. No person shall light, cause to be lighted or permit to be lighted any fireworks or combustible material within fifty (50) feet of any fireworks booth. No fuel-powered generator or similar equipment shall be allowed within fifty (50) feet of any fireworks booth. g. No electrical devices or open flames are permitted within any fireworks booth, except that lighting shall be permitted if it is covered by a plastic shield. h. Each fireworks booth shall be provided with a minimum of one model 2AB10BC fire extinguisher and one 5-gallon pressure water fire extinguisher, in good working order and easily accessible, for use in case of fire.
i. No person shall knowingly sell fireworks to any person under eighteen (18) years of age.
Proof that the fireworks booth permittee demanded, was shown, and acted in reliance upon, bona fide evidence of age and identity in any sale of fireworks regulated by this section shall be a defense to any proceedings for suspension or revocation of the permittee’s State approved fireworks permit or a criminal proceeding instituted by the City against the permittee for violations of this section. For purposes of this provision, “bona fide evidence of age and identity of purchaser” shall mean a document issued by a federal, state, county or municipal government that contains a photograph and date of birth of the purchaser including, but not limited to, a valid California Driver’s License or an Identification Card issued 193
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to a member of the Armed Forces. Signs shall be posted in conspicuous places on and in the booth indicating “No Fireworks Sales to Persons Under the Age of 18—Photo I.D. Required. j. Each fireworks booth must post its City permit to sell safe and sane fireworks, its temporary sales tax permit from the California State Board of Equalization, its State Fire Marshal Retail Sales Permit and proof of the required insurance in a prominent place inside the fireworks booth. k. Approved banners or other barricades to prohibit parking within 20 feet of the booth shall be provided.
l. Signs must be posted on each booth stating “No fireworks permitted in the unincorporated areas of Sonoma County.”
m. No person under eighteen (18) years of age shall sell or participate in the sale of safe and sane fireworks at a fireworks booth. No person under eighteen (18) years of age shall be permitted inside the booth during hours of operation. Each booth must have an adult in attendance and in charge of operations whenever the booth contains, or is engaged in the sale of, fireworks. The permittee is solely responsible for ensuring the presence of said adult. For the purpose of this section, the term “adult” shall mean any person so defined under California law.
n. No person other than the permittee shall operate the booth for which the permit is issued or share or otherwise participate in the profits of the operation of such booth. o. No persons other than the individuals who are members of the permittee or the adult family members of such members shall sell or otherwise participate in the sale of safe and sane fireworks at such booth.
p. No person shall be paid any consideration by the permittee for selling or otherwise participating in the sale of safe and sane fireworks at such booth; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the booth on its property.
q. All unsold stock of fireworks shall be removed from the booth and located in an approved area immediately after close of business on each and every day of operation. r. All litter resulting from the operation of the fireworks booth shall be removed on a daily basis.
s. No person shall sleep or remain in any fireworks booth after close of business each day or at any time when the booth is closed for business.
t. All unsold stock of fireworks in the possession of the permittee after 10:00 p.m. on the 5th day of July shall be returned to the wholesaler/distributor and removed from the City within ten (10) days.
All safe and sane fireworks booths shall be closed, the booth removed from the temporary location, and all litter shall be removed from the premises by noon on July 15th.
11. Temporary Sales Tax Permit. Permittees are required to obtain a temporary sales tax permit from the California State Board of Equalization.
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12. Limitations on Places and Hours of Discharge.
a. It shall be unlawful for any person to discharge any safe and sane fireworks in the City except between the hours of 11:00 a.m. to midnight on July 4th. Pyrotechnic displays authorized in accordance with this section may be exempted from these restrictions subject to applicable provisions of the California Health and Safety Code. City officials may, in their sole discretion, consult with the Cloverdale Fire Protection District regarding proposed places and hours of discharge. b. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any safe and sane fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without the property owner’s consent, or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten (10) feet of any residence, dwelling or other structure used as a place of habitation by human beings. c. The use of safe and sane fireworks in the City shall be limited to private property except as otherwise provided herein. No person shall ignite or discharge any safe and sane fireworks on private open areas such as parks, parking lots or vacant property, without the property owner’s or his or her designated agent’s permission. No person shall ignite or discharge any safe and sane fireworks on public or semi-public open areas such as parks, parking lots or vacant property, excluding public streets and sidewalks, except as authorized in writing by the City and, if applicable, the private property owner or his or her designated agent.
d. Any person who discharges safe and sane fireworks on public or private property shall be responsible for the removal of all spent fireworks debris and litter or rubbish associated with the discharge of fireworks, and for disposition thereof in an appropriate trash receptacle. Spent fireworks debris shall be allowed to cool for at least 30 minutes or immersed in water before discarding in a trash receptacle. e. No safe and sane fireworks shall be discharged in the Fire Hazard Severity Zones (FHSZ) of the City, as established and approved by the City with the assistance of the California Department of Forestry and Fire Protection and within the boundaries set forth on the FHSZ map kept on file in the City Engineer’s office. All fireworks booths shall post a notice of such fireworks ban and a map designating the FHSZ restrictions, in the form provided by the City. Booth operators shall advise persons purchasing State approved fireworks to review the notice and map and advise them of the fireworks restrictions in the FHSZ.
f. It shall be unlawful for any person having the care, custody or control of a minor (under 18 years of age) to permit such minor to discharge, explode, fire or set off any dangerous fireworks at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person over eighteen (18) years of age and during the hours and on the day permitted by this section.
13. Qualified Applicant Reporting Requirement. On or before November 1st of each sales year permittees must submit to the City Manager a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee; all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and to whom and for what purpose the net proceeds were or will be disbursed, along with the most recent report filed by the qualified applicant with the State Board of Equalization. The filing of the statement required by this section with the City shall be a condition precedent to the granting of any subsequent permit, and 195
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a permittee that fails to file such statement shall not be considered a qualified applicant in the year immediately following its failure to file.
14. Revocation of Permit; Appeal. Any permit issued under this section may be revoked by the City in case of any violation of this section or any terms or conditions of the permit. The City Council may revoke said permit(s) and/or prohibit fireworks sales at any time it deems necessary to protect the health, safety and welfare of the citizens of the City. Any appeal of a permit revocation shall be subject to the following time limitations:
a. If the revocation occurs between June 22 and July 4, the City shall inform the permittee that the permittee may seek review of the City’s decision by the City Manager, or the City Manager’s designee, on the next business day. At the earliest opportunity on the next business day after the revocation, City staff shall provide the City Manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The City Manager, or the City Manager’s designee, shall meet with the permittee on that day, upon the permittee’s request, to review the City’s decision. The decision of the City Manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of paragraph (b) below and section
15.14.735 of this chapter shall apply.
b. If a revocation occurs before or after the dates specified in paragraph a, above, such revocation shall not take effect for ten (10) days, during which time the permittee may seek review of the City’s decision by submitting a written request for review to the City pursuant to the procedures set forth in section 15.14.735 of this chapter. City staff shall provide the City Manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The decision of the City Manager shall be final.
Any permittee whose permit has been revoked, pursuant to paragraph (a) or (b) above, may be barred from receiving a permit under this section for up to five (5) years from the date of revocation.
D. Seizure Of Fireworks. The City may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this section when such violation creates an imminent threat to public health or safety, subject to applicable law.
E. Storage Of Fireworks—Generally. Except as otherwise herein provided, the storage and use of fireworks, (except State-approved fireworks purchased for individual or family use) inside buildings is prohibited.
F. Storage Of Safe And Sane Fireworks—Retail. The storage of safe and sane fireworks by permittees conducting retail sales shall be in a non-combustible container or magazine as approved by the City. The location of said storage shall be within the City limits and be approved by the City.
G. Prohibition Against Modification And Discharge Of Safe And Sane Fireworks. No person shall modify, tamper with, disassemble, rearrange and/or combine the contents or original packaging of any State approved firework, nor in any way remove the original packaging labels.
H. Prohibition Against Possession, Use, Display Or Discharge Of Modified Safe And Sane Fireworks. No person shall possess, use, display, discharge or explode any safe and sane fireworks that have been tampered with, disassembled and/or rearranged, nor shall any person possess, use, display, 196
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discharge, explode or combine the contents of multiple safe and sane fireworks, or change the originally intended purpose of Safe and Sane Fireworks.
I. Fireworks Wholesaler Public Education Plan. Each fireworks distributor/wholesaler who is supplying one or more of the Cloverdale nonprofit organizations who are permittees under this section, shall annually submit a Public Education Plan to the City by no later than 5:00 pm on June 15. Said Public Education Plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the City. Said public education plan should include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler’s/distributor’s plan.
J. Deadlines For Applications And Other Filings. If a deadline set forth in this section, including, but not limited to, the time for submitting an application, paying an administrative fine, or filing a notice of appeal, falls on a day when City offices are closed, such deadline shall automatically be extended to the close of business on the next day City offices are open.
15.14.700 – Section 5704.2.9.6.1 Locations Where Above Ground Tanks Are Prohibited. Section 5704.2.9.6.1 is amended to read as follows: Storage of Class I and Class II liquids in above ground tanks outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.705 – Section 5706.2.4.4 Locations Where Above Ground Tanks Are Prohibited. Section 5706.2.4.4 is amended to read as follows: Storage of Class I and Class II liquids in above ground tanks outside the buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.710 – Section 5806.2 Limitations. Section 5806.2 is amended to read as follows: Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established as being all areas of the City except general industrial and agricultural districts as designated in the Cloverdale zoning ordinance.
15.14.715 – Section 6104.2 Maximum Capacity Within Established Limits. Section 6104.2 is amended to read as follows: Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, are established as all areas of the City except for industrial districts as designated in the Cloverdale zoning ordinance. The aggregate capacity of any one installation outside of established limits shall not exceed a water capacity of 1,000 gallons.
15.14.720 – Chapter 80 Referenced Standards NFPA 13D-22N - NFPA 13D sections added and amended as follows:
Revise Section 5.1.1.2 to read as follows:
NFPA.13D.5.1.1.2. A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Add Sections 5.1.1.2.1 as follows:
NFPA.13D.5.1.1.2.1. The sprinklers shall correspond to the types and temperature ratings of the 197
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sprinklers in the property. The stock sprinklers shall include not less than one sprinkler of all types and ratings installed.
Add Sections 5.1.1.2.2 as follows:
NFPA.13D.5.1.1.2.2. The sprinklers shall be kept in a mounted and accessible cabinet located where the temperature to which they are subjected will at no time exceed the maximum ceiling temperatures specified in NFPA 13R Table 5.1.1.6.1 for each of the sprinklers within the cabinet.
Add Sections 5.1.1.2.4 as follows:
NFPA.13D.5.1.1.2.4. One sprinkler wrench, and socket if necessary, as specified by the sprinkler manufacture shall be provided in the cabinet for each type of sprinkler installed to be used for the removal and installation of sprinklers in the system.
Add Section 7.2.1.1 to read as follows:
NFPA.13D.7.2.1.1 On systems protecting in excess of 1500 sq. ft., an additional inspector’s test valve shall be provided when a change of elevation isolates a portion of the system. The valve shall be installed at a high point of the system to function as an air release. The valve shall be identified with signage and protected from unauthorized operation.
Revise Section 7.6 to read as follows:
NFPA.13D.7.6 A local waterflow alarm shall be provided on all sprinkler systems.
Add Section 8.1.3.1.2.1 to read as follows:
NFPA.13D.8.1.3.1 Garages are permitted to be protected by residential sprinklers.
Revise Section 8.3.4 to read as follows:
NFPA.13D.8.3.4 Sprinklers shall not be required in detached garages, open attached porches, detached carports, and similar structures unless otherwise required by the California Building or Fire Codes.
Add Section 8.3.5.2 to read as follows:
NFPA.13D.8.3.5.2 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.
Revise Section 11.2.1.1 to read as follows:
NFPA.13D.11.2.1.1 Where a fire department pumper connection is not provided, the system shall be hydrostatically tested at not less than 200 psi without evidence of leakage.
15.14.725 – Chapter 80 Referenced Standards NFPA 13R-22 - NFPA 13R. Amended Sections as follows: NFPA 13R Amended Sections as follows is added as follows:
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Add Section 6.6.6.1.1 to read as follows:
NFPA.13R.6.6.6.1.1 At least one quick-response intermediate temperature residential sprinkler shall be installed within 5 feet and above attic access openings.
15.14.730 – Chapter 80 Referenced Standards NFPA 72-16 - NFPA 72, Amended Sections as follows: NFPA 72 Amended Sections as follows is added as follows:
Amend Section 10.6.7.2.1 The secondary power supply for the protected premises system shall have sufficient capacity to operate the system under quiescent load (system operating in a nonalarm condition) for a minimum of 60 hours.
Amend Section 10.6.7.2.3 The secondary power supply for in-building fire emergency voice/alarm communications service shall be capable of operating the system under quiescent load for a minimum of 60 hours.
Amend Section 10.6.7.2.5 The secondary power supply capacity for supervising station facilities and equipment shall be capable of supporting operations for a minimum of 60 hours.
Amend 10.6.7.2.11 The secondary power supply for communications equipment at the protected premises that is used to transmit signals to a supervising station shall have sufficient capacity to operate the system under quiescent load (system operating in a nonalarm condition) for a minimum of 60 hours.
Add Section 14.7 to read as follows:
NFPA.72.14.7 Labels and Tags
NFPA.72.14.7.1 Labels or tags shall be used on fire alarm systems and shall be placed on the outside of the fire alarm control unit.
NFPA.72.14.7.2 Tags shall be of the hanging or self-adhesive type used on fire alarm systems.
NFPA.72.14.7.3 The following information shall be printed on the labels and tags approved by the fire code official:
1. The words “DO NOT REMOVE BY ORDER OF THE FIRE CODE OFFICAL”
2. Concern Name/Company Name
3. Concern Physical Address
4. Concern Phone Number
5. License Number (State of California Contractor State License Board License)
6. Date of service or testing and maintenance
7. Space or line for signature of person performing or supervising the servicing shall be placed on the tag or label on a fire alarm system except when servicing or testing and maintenance is performed.
NFPA.72.14.7.4 When service or testing and maintenance are performed, the initial date of service or testing and maintenance, the printed name and signature of the person performing or supervising the service shall be placed on the tag or label.
NFPA.72.14.7.5 No person shall remove a tag or label from or place a tag or label on a fire alarm system 199
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except when servicing or testing and maintenance are performed.
NFPA.72.14.7.6 No person shall deface, modify, or alter any tag or label attached to or required to be attached to any fire alarm system.
NFPA.72.14.7.7 The label or tag conforming to this section shall be securely attached to each fire alarm system at the time of servicing or testing and maintenance.
NFPA.72.14.7.8 The label or tag approved by the fire code official shall be affixed to a system only after all deficiencies have been corrected.
NFPA.72.14.7.9 Adhesive labels and tags shall be manufactured in accordance with ANSI/UL 969, Standard for Marking and Labeling Systems, 4th edition, 1995, which is hereby incorporated by reference.
15.14.735 − Section A101 – Appendix A Appeals of Fireworks Booth Sales Permits. Section A101 of Appendix A, Board of Appeals, is deleted and replaced with the following: Fireworks Booth Sales Permits. The following appeals procedure shall apply exclusively to safe and sane fireworks sales permits under this section. Any person aggrieved by a decision of the City to disapprove an application, refuse to grant a permit, place conditions on a permit, or revoke a fireworks booth sales permit shall have a right to appeal the decision to the City Manager, or his/her designee. Except as provided in section 15.14.735, such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten days of the date of the decision. The appeal shall set forth the grounds for the appeal and the name and address of the person requesting the appeal. A failure to file a timely and complete appeal shall render the decision final and conclusive. The City Manager shall, within ten days of the filing of the appeal, set a time and place for a hearing on the appeal. The appeal shall be set no less than five days after the filing of the appeal and no more than sixty days after the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall contain a statement of the facts upon which the determination is based. The City Manager’s determination shall be sent first-class U.S. Mail, postage prepaid to the person requesting the appeal, not later than ten days following the date of such determination. The determination of the City Manager shall be final and conclusive.
15.14.740 − Section B105.1 – Appendix B One and Two Family Dwellings. Section B105.1 of Appendix B is amended to read as follows: The minimum fire-flow requirements for one and two family dwellings having a fire-flow calculation area, which does not exceed 3,600 square feet, shall be 1,500 gallons per minute. Fire flow and flow duration for dwellings having a fire flow calculation area in excess of 3,600 square feet shall not be less than that specified in Table B105.1(1).
15.14.745 − Section B105.2 – Appendix B Buildings Other than One and Two Family Dwellings.
Section B105.2 of Appendix B is amended to read as follows: The minimum fire flow and flow duration for buildings other than one- and two-family dwellings shall be as specified in Table B105.2.
Exception: A reduction in required fire flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with other sections of this code. The resulting fire flow shall not be less than 1,500 gallons per minute for the prescribed duration as specified in Table B105.2.
15.14.750 – Appendix Table B105.1(1) – Appendix B Required fire flow for one and two family dwellings, Group R3 and R4 buildings and townhouses. Appendix B Table B105.1(1) is amended to read as follows:
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TABLE B105.1(1)
REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
FIRE-FLOW
CALCULATION AREA
(square feet)
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
0-3,600 No automatic sprinkler system 1,500 2
3,601 and greater No automatic sprinkler system Value in Table B105.1(2)
Duration in Table B105.1(2) at
The required fire-flow rate
0-3,600 Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential Code
1,500 2
3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code
½ value in
Table B105.1(2)a
Duration in Table B105.1(2) at
The required fire-flow rate
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
15.14.755 – Appendix Table B105.2 – Appendix B Required fire flow for buildings other than one and two family dwellings, Group R3 and R4 buildings and townhouses. Appendix B Table B105.2 is amended to read as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
15.14.760 - Section C103.1 - Hydrant Spacing. Section C103.1 of Appendix C is amended to read as follows: Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with the City of Cloverdale standards or as approved by the Fire Code Official
15.14.765 - Section C103.2 - Average Spacing. Section C103.2 of Appendix C is deleted
15.14.770 - Section C103.3 - Maximum Spacing. Section C103.3 of Appendix C is deleted
15.14.775 − Table C102.1– Appendix C Footnote Additions. Table C102.1 of Appendix C, footnotes “i” and “j” are added to read as follows:
Table C102.1 Footnote i:
For commercial, industrial and multifamily residential buildings, average spacing shall be no greater than 300 feet.
Table C102.1 Footnote j:
Fire hydrants shall be located within 50 feet of the FDC, or as approved by the Fire Code Official. 201
Ordinance No. ____-2022
15.14.780 – Section D103.1 – Appendix D Access Road Width with A Hydrant. Section D103.1 of Appendix D is deleted.
15.14.785 − Section D103.2 - Appendix D Grade. Section D103.2 of Appendix D is amended to read as follows: Fire apparatus access roads shall be in accordance with the City of Cloverdale standards for public streets or as approved by the Fire Code Official.
15.14.790 − Section D103.3 Appendix D Turning Radius. Section D103.3 of Appendix D is amended to read as follows: The turning radius of a fire apparatus access road shall be not less than 25 feet inside and 45 feet outside unless otherwise approved by the Fire Code Official.
15.14.795 − Section D103.4 Appendix D Dead End. Section D103.4 of Appendix D is amended to read as follows: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions in accordance with the City of Cloverdale Standards for public streets or as approved by the Fire Code Official.
15.14.800 − Table D103.4 Appendix D Deleted. Appendix D Table D103.4 is deleted.
15.14.805 − Section D103.6 Appendix D Signs. Section D103.6 of Appendix D is amended to read as follows: Where required by the Fire Code Official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs that comply with the California Vehicle Code.
15.14.810 – Section D103.6.1 Appendix D Roads 20 to 26 feet in width. Section D103.6.1 of Appendix D is deleted.
15.14.815 – Section D103.6.2 Appendix D Roads more than 26 feet in width. Section D103.6.2 of Appendix D is deleted.
15.14.820 − Section D104.2 Appendix D Buildings Exceeding 62,000 square feet in Area (Exception). Section D104.2 of Appendix D Exception is deleted.
15.14.825 − Section D106.1 Appendix D Projects having more than 100 Dwelling Units (Exception).
Section D106.1 of Appendix D is amended to delete the exception and read as follows: D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads.
15.14.830 − Section D106.2 Appendix D Projects having more than 200 dwelling units. Section D106.2 of Appendix D is deleted.
15.14.835 − Section D107.1 Appendix D – One or Two Family Residential Developments. Section D107.1 is amended to read as follows: Developments of one or two family dwellings with more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads.
15.14.840 − Section D107.1 Appendix D Exceptions Deletion. Exceptions 1 and 2 to Section D107.1 of Appendix D are deleted.
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Ordinance No. ____-2022
Chapter 15.16
CALIFORNIA EXISTING BUILDING CODE
Sections:
15.16.10 Adoption and Citation
15.16.020 Section 1.8.4.2 Fees Chapter One Division I and Section 108.2 Schedule of Permit Fees, Section 108.4 Work Commencing Before Permit Issuance Chapter One Division II
15.16.030 Section 202 Code Official Definition
15.16.040 Section 302.7 Maintenance
15.16.10 − Adoption and Citation. The California Existing Building Code, 2022 edition, including tables and its Appendix A Guidelines for the Seismic Retrofit of Existing Buildings, Chapter A1 Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings; Chapter A2 Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diahragms; Chapter A3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light, Wood- Frame Residential Buildings; Chapter A4 Earthquake Risk Reduction in WoodFrame Residential Buildings with Soft, Weak or Open Front Walls; and Chapter A5 Referenced Standards, as set forth in Part 10 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding "15.16" before the sections of the California Existing Building Code.
15.16.020 – Section 1.8.4.2 Fees of Chapter One Division I and Sections 108.2 Schedule of permit fees, Section 108.4 Work Commencing Before Permit Issuance of Chapter One Division II. Sections 1.8.4.2 Fees of Chapter One Division I and Sections 108.2 Schedule of permit fees and Section 108.4 Investigation Fees of Chapter One Division II are deleted in its entirety: Permit fees, plan review fees and investigation fees shall be assessed as provided in Cloverdale Municipal Code chapter 15.02.
15.16.030 – Section 202 Definition – Section 202 Code Official definition is amended to read as follows: The officer or other designated authority charged with the administration and enforcement of this code shall be the Building Official.
15.16.040 – Section 302.6 Maintenance – Section 302.6 is added to read as follows: Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices or safeguards which are required by this code shall be maintained in conformance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the Building Official shall have the authority to require a building or structure to be re-inspected. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
203
Ordinance No. ____-2022
Chapter 15.17
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
15.17.010 Adoption and Citation
15.17.020 Adoption of Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A4, Section A4.601.1 - Scope
15.17.030 Adoption of Non-Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A5, Section A5.601.1 – Scope
15.17.040 Section 202 – Definition of “plants - invasive plants”
15.17.050 Section 202 – Definition of “recycled water”
15.17.060 Section 202 – Definition of “water feature”
15.17.010 − Adoption and Citation. The California Green Building Standards Code, 2022 edition, including tables and appendices “A4” and “A5”, as set forth in Part 11 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding "15.17" before the sections of the California Green Building Standards Code.
15.17.020 − Adoption of Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A4, Section A4.601.1-Scope. Appendix A4, Section A4.601.1 Scope is amended to read as follows: The measures contained in this appendix are adopted as MANDATORY and shall only apply to all newly constructed, low-rise residential buildings. Division A4.2 - Energy Efficiency is deleted in its entirety.
15.17.030 − Adoption of Non-Residential CalGreen Tier 1 Voluntary Measures as Mandatory – Appendix A5, Section A5.601.1–Scope. Appendix A5, Section A5.601.1 Scope is amended to read as follows: The measures contained in this appendix are adopted as MANDATORY and shall only apply to all newly constructed non-residential buildings. Division A5.2 – Energy Efficiency is deleted in its entirety.”
15.17.040 – Section 202 – Definition of “plants - invasive plants.” The definition of “PLANTS - Invasive plants” set forth in Section 202 is amended to read as follows: PLANTS - Invasive plants. Invasive plants are species of plants not historically found in California and/or that spread outside cultivated areas and can damage environmental or economic resources as determined by the California Invasive Plant Council (www.cal-ipc.org).
15.17.050 – Section 202 – Definition of “recycled water.” The definition of “RECYCLED WATER” set forth in Section 202 is amended to read as follows: RECYCLED WATER. Tertiary treated water, which results from the treatment of wastewater, and which conforms to the definition of disinfected tertiary recycled water in accordance with state law. Recycled water is suitable for nonpotable direct beneficial uses such as landscape irrigation and water features.
15.17.060 – Section 202 – Definition of “water feature”. The following definition of “WATER FEATURE” is hereby added to Section 202 to read as follows: WATER FEATURE. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, and artificial streams (where water is artificially supplied). Water feature does not include spas and swimming pools.
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Ordinance No. ____-2022
Chapter 15.18
CALIFORNIA REFERENCE STANDARDS CODE
Sections:
15.18.10 Adoption and Citation
15.18.10 − Adoption and Citation. The California Reference Standards Code, 2022 edition, including tables, as set forth in Part 12 of Title 24 of the California Code of Regulations is hereby adopted by reference in its entirety by the City, except that for purposes of citation, said code shall be renumbered by adding "15.18" before the sections of the California Reference Standards Code.
Section 5. Compliance with the California Environmental Quality Act: The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 6. Severability: If any section provision, of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase hereof not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
Section 7. Effective Date and Publication: This ordinance of the City of Cloverdale shall be effective thirty (30) days after the date of passage. Before the expiration of fifteen (15) days after its passage, this ordinance, or a summary thereof as provided in California Government Code Section 36933, shall be published at least once in a newspaper of general circulation, published and circulated in the City of Cloverdale, along with the names of the members of the City Council voting for and against its passage.
INTRODUCED by the City Council of the City of Cloverdale on the 9th day of November, 2022, and passed and adopted on December 14, 2022 by the following roll call vote:
Ayes: (_) Councilmember Brigham, Councilmember Cruz, Councilmember Turner, Vice Mayor Wolter and Mayor Bagby
Noes: (_) None
Absent: (_)
Abstaining: (_) None
SO ORDERED: ATTEST:
________________________________ ________________________________ Todd Lands, Mayor Mike Maloney, City Clerk
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City Council/Successor Agency
Agenda Item Summary Agenda Item: H.1
Meeting Date: December 14, 2022
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Shannon Peterson, Finance & HR Analyst
Agenda Item Title:
Consider adopting a Resolution approving an Individual At-Will Employment Agreement with Derrick Montanye for the position of Public Works Director for the City of Cloverdale ________________________________________________________________________________________ Recommended Council Action(s):
The City Manager recommends that the City Council adopt a Resolution titled “A Resolution of the City Council of the City of Cloverdale approving an At-Will Employment Agreement with Derrick Montanye for the City of Cloverdale Public Works Director and authorizing the City Manager to execute the agreement on behalf of the City.”
_______________________________________________________________________________________ Background:
The former Public Works Director/City Engineer resigned effective June 30, 2021. Upon the Public Works Director/City Engineer’s resignation, the City initiated a recruitment for the vacant position. During the initial recruitment process the City did not receive any qualified applications. City staff concluded that the Public Works Director/City Engineer position would continue to be a challenge to fill due to the engineering licensure requirement. Since this is a critical position for the City of Cloverdale, it was necessary for staff to consider other options. The engineering license greatly reduced the number of applicants; therefore, staff recommend removing the engineering licensure requirement from the job description, which was approved on May 25, 2022 by Resolution 49-2022. In June 2022, the City initiated a recruitment for the Public Works Director position. Upon close of the application period, the City held a panel interview followed by second Interviews.
______________________________________________________________________________________ Summary:
The City initiated recruitment for the Public Works Director position upon the resignation of the former Public Works Director/City Engineer. Human Resources staff prepared a job flyer and posted the job notice in key locations, including professional publications and the City’s website.
Job applications were received and screened, and top applicants were invited to interview with a Professional Panel consisting of Assistant City Manager/Community Development Director Thompson and Finance & HR Analyst Peterson. The City Manager conducted an informal interview with the top candidate and began the pre-employment process, including undergoing a background check, and preparation of an at-will employment agreement. The City Attorney prepared and negotiated an at-will employment agreement with the top candidate Eric Sanders.
Mr. Montanye has stated that he is ready to execute the Employment Agreement presented by City Attorney.
The key terms of the Employment Agreement are as follows:
206
City Council/Successor Agency Agenda Item Summary
Meeting Date: December 14, 2022
Item No. H.1
1. Term: The term of this Agreement shall be from January 2, 2023, until terminated by either Party in accordance with the provisions set forth in Section 3, or until terminated by the event of the death or permanent disability of Employee.
2. Salary: The base compensation will be $139,245.71 annually. This is step 3 in the adopted Public Works Director Salary Schedule. Employee’s salary will be reviewed approximately on or by the effective date of this Agreement each year in conjunction with an annual performance evaluation.
Employee will be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council.
Effective July 1, 2023, the Public Works Director classification shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period April of the prior year to April of the current year, as published by the Bureau of Labor Statistics (All item in San FranciscoOakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 1% or more than 4%
3. Severance: Three months’ base salary.
4. Vacation Leave: Accrual of 20 days per year (7.69 hours per pay period).
5. Sick Leave: Accrual of 10 hours for each month of service.
6. Administrative Leave: The Agreement provides for up to 80 hours per calendar year in recognition for the time required for evening and weekend work. The Employment Agreement’s administrative leave program is a “use it or lose it” program. Accumulation and rollover of unused administrative leave is not permitted.
7. Mobile Devices Stipend: $50 per month for mobile phone service.
8. The City will pay the annual membership dues to mutually agreed upon public works association(s), up to a maximum of 1,000 per year.
The complete At-Will Employment Agreement is attached (Attachment 2) for review. ________________________________________________________________________________________ Options:
1. Adopt the attached Resolution approving an individual At-Will Employment Agreement with Mr. Derrick Montanye as Public Works Director, and thus have him assume the position immediately upon her availability; or
2. Reject the Resolution authorizing the Employment Agreement. ________________________________________________________________________________________ Subcommittee Recommendation:
None.
________________________________________________________________________________________ Budget/Financial Impact:
The Public Works Director position is a funded and budgeted position. The annual salary will One Hundred $139,245.71 annually. This is step 3 in the adopted Public Works Director Salary Schedule. Employee will be subject to the standard merit system.
_______________________________________________________________________________________ Attachments:
1. Resolution
2. At Will Employment Agreement
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CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. xxx-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE APPROVING AN AT-WILL EMPLOYMENT
AGREEMENT WITH DERRICK MONTANYE AS CLOVERDALE PUBLIC WORKS DIRECTOR WHEREAS, the City Council recognizes that the Cloverdale Public Works Director is a department head level position that serves a critical role in the City’s public works function, which requires effective leadership in order to efficiently operate and respond to community needs for effective streets, water treatment, wastewater treatment, and parks; and
WHEREAS, Section 2.08.090(3)a of the Cloverdale Municipal Code states: “It shall be the duty of the city manager to, and he shall appoint, remove, promote, and demote any and all officers and employees of the city, except the city clerk, city attorney and city treasurer, subject to personnel rules and regulations as adopted by the city council;” and
WHEREAS, Section 2.48.040 of the Cloverdale Municipal Code sets forth that department heads are excluded from competitive service; and
WHEREAS, the Public Works Director position may be compensated and receive benefits in accordance with an individual at-will agreement and salary as approved by the City Council; and WHEREAS, the permanent Public Works Director position is currently vacant, and the City engaged in a recruitment and selection process to fill the position; and WHEREAS, the recruitment and selection process included screening of submitted employment applications, and then interviews of the candidates before a panel made up of City staff and a community member; and WHEREAS, the panel interviewed qualified individuals for the position of Public Works Director and recommended the top candidate to the City Manager, and after an informal interview with the top candidates and deliberation, the City Manager selected Mr. Derrick Montanye to fill the position of Public Works Director; and
WHEREAS, Mr. Montanye is prepared to execute an individual at-will employment agreement at the salary, benefits, and conditions approved by the City Council; and WHEREAS, the City Manager recommends that the City Council authorize execution of At-Will Employment Agreement with Mr. Montanye.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLOVERDALE that the City Council hereby approves the At-Will Employment Agreement, attached hereto as Exhibit A, as approved by the City Attorney, and authorizes the City Manager execute the Employment Agreement on behalf of the City of Cloverdale with Mr. Derrick Montanye for the position of Public Works Director. 208
Resolution No. XX-2022
REGULARLY PASSED AND ADOPTED by the City Council of the City of Cloverdale on this 14th day of December 2022 by the following vote:
AYES: ()
NOES: ()
ABSTAIN:()
ABSENT: ()
APPROVED: ATTEST:
_______________________ ____________________________
Todd Lands, Mayor Mike Maloney, City Clerk
Exhibit A – Employment Agreement
209
P.O. Box 217 • 124 North Cloverdale Blvd. • Cloverdale, CA 95425-0217 • Telephone (707) 894-2521 • FAX (707) 894-3451
AT WILL EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT (this “Agreement”), is made and entered into this ___________, 2022, by and between the CITY OF CLOVERDALE, a general law City (the “City”), and Derrick Montanye (“Employee”), collectively referred to as “Parties.”
RECITALS
The City desires to employ Mr. Montanye as Public Works Director of the City of Cloverdale.
Mr. Montanye desires to serve as Public Works Director of the City of Cloverdale.
The City Manager, through his appointing power, and Mr. Montanye, desire to agree in writing to the terms and conditions of Mr. Montanye‘s employment as Public Works Director.
AGREEMENT
1. DUTIES.
a. The City agrees to employ Employee as Public Works Director of the City to perform the functions and duties specified in the position description, and in the ordinances and resolutions of the City, and to perform other legally permissible and proper duties and functions as the City Manager may from time to time assign. b. Employee shall perform the job duties to the best of Employee’s ability in accordance with the highest professional and ethical standards of the profession, and shall comply with all general rules and regulations established by the City. c. Employee shall not engage in any activity, which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law, or that is otherwise prohibited by law. Prior to performing any services under this Agreement, and annually thereafter, Employee must complete disclosure forms required by the Political Reform Act (CA Government Code section 81000, et seq.).
2. TERM.
a. The term of this Agreement shall be from January 2, 2023, until terminated by either Party in accordance with the provisions set forth in Section 3, or until terminated by the event of the death or permanent disability of Employee. b. Employee agrees to remain in the exclusive employment of the City during the term of this Agreement. Employee shall not engage in any other employment, or enter into any contract for services, paid or unpaid, or receive any compensation for work performed from any other employer other than the City, without prior authorization of the City Manager.
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Employment Agreement: City of Cloverdale – Public Works Director, continued Page 2
3. CONDITIONS OF EMPLOYMENT.
a. Employee may resign at any time with or without cause. Employee agrees to give the City thirty (30) days’ advance written notice of the effective date of Employee’s resignation or retirement as provided herein, unless the Parties mutually agree otherwise.
b. The Parties recognize and affirm that: (1) Employee is an “at will” Employee whose employment may be terminated by the City without cause; and (2) there is no express or implied promise made to Employee for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between Employee and the City.
c. Termination: The City may, at any time, terminate Employee with or without cause. If the circumstances permit, the City will provide Employee with at least thirty (30) days’ notice of the termination.
d. Wages, Hours and Working Conditions:
i. Salary: The base compensation will be One Hundred Thirty-Nine Thousand, Two Hundred, Forty-Five Dollars, and Seventy-One Cents ($139,245.71) annually. This is step 3 in the adopted Public Works Salary Schedule. Employee’s salary will be reviewed approximately on or by the effective date of this Agreement each year in conjunction with an annual performance evaluation. Employee will be subject to the standard merit system (performance evaluations) and position pay schedule for future step increases, as may be modified from time to time by the City Council.
Effective July 1, 2023, the Public Works Director classification shall receive a cost of living adjustment equivalent to the percent change in the consumer price index for the period April of the prior year to April of the current year, as published by the Bureau of Labor Statistics (All item in San Francisco-Oakland-San Jose, CA, all urban consumers, not seasonally adjusted), not to be less than 1% or more than 4%. ii. Work Week: A normal workweek will be a total of at least forty (40) hours. The City Manager, at his/her sole discretion, may set and modify the normal work weekly schedule without an amendment to this Agreement. Vacation, sick, holiday, administrative, and bereavement leaves will be calculated consistent with the number of days in Employee’s normal workweek. If Employee’s normal workweek is revised, leave accruals may be recalculated.
iii. Other Pay:
1. Longevity Pay: Upon the eighth (8th) year anniversary date of employment with the City, Employee shall be entitled to a five percent (5%) increase.
2. Retirement Pursuant to the California State Legislature’s passage of the Public Employees’ Pension Reform Act (“PEPRA”) in 2012, employees hired on or after January 1, 2013 who are defined as “new members” in Government Code section 7522.04(f), shall receive the 2% at 62 pension benefit formula (as specified in Government Code section 7522.20(a)). Effective July 1, 2013, new members subject to the 2% at 62 formula shall contribute 50% of the total “normal cost” as defined in Government Code section 7522.04(g). All applicable provisions of the California Public Employees’ Pension Reform Act (“PEPRA”) shall apply to this Agreement.
211
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 3 iv. Sick Leave:
1. Accruals – Employee shall accrue sick leave at ten (10) hours for each month of service, assuming Employee’s typical work schedule is four (4), ten (10)-hour shifts per week. Accumulation of sick leave shall be limited to sixteen hundred (1,600) hours. To the extent provided by PERS regulations, any unused sick leave upon retirement may be converted to years of service for PERS purposes.
2. Incentive – Employee’s use of sick leave within a calendar year (January to December) may qualify for conversion of unused sick leave to annual leave, based upon the following utilization schedule:
a. Usage of 0 – 10 hours: May convert up to forty (40) hours of existing balance.
b. Greater than 10 and less than 20 hours: May convert up to twenty (20) hours of existing balance.
c. 20+ hours: May not convert hours to annual leave.
v. Vacation Leave:
1. Accruals – Vacation time shall be accrued at twenty (20) days per year (7.69 hours per pay period).
2. Accumulation – Employee shall be permitted to accumulate up to thirty-six (36) days (360 hours) of vacation time.
3. Sell-back – Employee may sell back up to forty (40) hours per year provided that, after the sell-back, a balance of at least fifty (50) hours remains. vi. Administrative Leave:
1. Accruals: Employee is exempt from the Fair Labor Standards Act (“FLSA”) and is not eligible for overtime. Administrative leave of eighty (80) hours per calendar year will be provided in recognition for the time required for evening and weekend work.
2. Accumulation: Employee shall be permitted to accumulate up to eighty (80) hours of administrative leave per calendar year. The yearly allocation of administrative leave will not result in Employee going above the eighty (80) hour accumulation limit. For example, if Employee has twenty (20) hours accrued on the date of the annual disbursement of administrative leave, as specified in Section 3(d)(vi)(1) above, Employee’s accrual will only be brought up to the permitted eighty (80) hours, therefore only sixty (60) hours will be added. vii. Holiday Leave:
1. Observed Holidays – The City offices are closed on eleven (11) observed holidays (see below). If Employee, by nature of the job, must work on a regularly scheduled holiday, Employee may convert the holiday into a floating holiday to be used, as approved by the City Manager at Employee’s discretion, within the current fiscal year. If an observed holiday occurs on Employee’s regularly scheduled day off, Employee will make every effort to take an alternate day off during the same workweek. If this is not possible, the observed holiday will be converted into a floating holiday, as defined in section 2 below. 212
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 4 Holiday Observance
New Year’s Day January 1 – Full Day
Martin Luther King, Jr. Day 3rd Monday in January – Full Day President’s Day 3rd Monday in February – Full Day
Memorial Day Last Monday in May – Full Day
Independence Day July 4 – Full Day
Labor Day 1st Monday in September – Full Day
Veteran’s Day November 11 – Full Day
Thanksgiving Day 4th Thursday in November (if 4th Thursday is the last day of the month, Thanksgiving falls on
Nov. 23) – Full Day
Day after Thanksgiving Full Day
Christmas Eve December 24 - Full Day
Christmas Day December 25 – Full Day
2. Floating Holidays – In addition to the observed holidays, Employee shall receive four (4) floating holidays that are credited at the following times. Employee may use the floating holidays at Employee’s discretion upon City Manager’s approval. Floating holidays may be banked for future use, or may be converted to a dollar value based upon Employee’s then current hourly rate, and paid out on a regular payroll. Employee may not carry more than eighty (80) hours of floating holiday time; hours above this limit will be paid at the next regular payroll.
Former Holiday Floating Holiday Accrual
Lincoln’s Birthday February 12 – Full Day
Admission Day September 9 – Full Day
Columbus Day 2nd Monday in October – Full Day
Floating Holiday Employee’s Discretion – Full Day
viii. Bereavement Leave: Employee shall be allowed a leave of absence with full pay for up to three (3) work days due to the death of a member of Employee’s immediate family. The City Manager may grant up to three (3) additional work days’ leave. For the purposes of this provision, immediate family shall include spouse, domestic partner, child (including legally adopted child), parent, grandparent, grandchild, stepparent, stepchild, sibling, step-sibling, uncle, aunt, nephew, niece, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law of the eligible employee. Requests for bereavement leave for persons not listed above may be granted at the discretion of the City Manager or his/her designee. ix. Insurance:
1. Health – The City shall pay health and welfare insurance coverage as provided to all City employees through the Redwood Empire Municipal Insurance Fund, including, but not limited to, vision care and dental care. Employee shall pay five percent (5%) of the cost of the annual medical insurance premium.
2. Long-Term Disability – The City shall provide, at the City’s expense, a long-term 213
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 5 disability insurance benefit. Said Plan will provide a monthly benefit of sixty percent (60%) of Employee’s base salary, up to Ten Thousand Dollars ($10,000) per month, and will provide a ninety (90) day waiting period before benefits commence.
3. Life – The City shall provide, at the City’s expense, a term life insurance benefit to Employee in the amount of One Hundred Thousand Dollars ($100,000). x. Acting in Capacity: Employee may be called upon on an ad hoc basis to serve as Acting City Manager in City Manager’s absence. If Employee is Acting City Manager for a continued period for thirty (30) days or more, the City will pay Employee ten percent (10%) incentive pay in addition to base salary on the regular work days during which Employee is Acting City Manager.
xi. Mobile Phone Reimbursement: The City will reimburse Employee up to Fifty Dollars ($50) per month for Employee’s mobile phone monthly charges. Employee must submit all appropriate forms to the Finance Director for reimbursement. e. Severance:
i. Employee is an at-will employee who shall serve at the pleasure of the City Manager.
The City Manager may terminate Employee’s employment at any time, for any reason or no reason. Nothing in this Agreement is intended to, or does confer upon Employee any property interest in continued employment. In the event termination occurs without cause under this Agreement, the City agrees to pay Employee as severance payment of three (3) months’ base salary. Severance shall be paid in a lump sum. Employee shall also be compensated for all earned vacation, holidays, and administrative leave accrued, but not taken as of the effective date of the termination. This severance payment is conditioned upon Employee executing a general release of all claims against the City (including its present and former officers, officials, employees, agents, volunteers, and insurers) in a form acceptable to the City. Employee shall not receive any severance if she resigns, is terminated for cause, or if a waiver and release agreement, attached hereto as Exhibit A, is not executed by the Parties.
ii. This provision does not confer any property rights on Employee, as she remains an at-will employee. The phrase “termination for cause” only pertains to Employee’s eligibility for severance as described in this Section. A “termination for cause” for purposes of severance may include, but shall not be limited to, the following:
1. Violation of any policies or procedures;
2. Failure to properly perform assigned duties;
3. Theft of City property;
4. Insubordination;
5. Conviction of a felony or misdemeanor relating to Employee’s fitness to perform assigned duties;
6. Unauthorized absence from employment;
7. Failure to maintain satisfactory working relationships with other employees or the public;
214
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 6
8. Improper use of City funds;
9. Unauthorized use of City property;
10. Willful misconduct or malfeasance;
11. Any act of moral turpitude or dishonesty; and/or
12. Other failure of good behavior either during or outside of employment such that Employee’s conduct causes discredit to the City.
iii. Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Employee from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position as defined in California Government Code section 53243.4. iv. Abuse of Office: Government Code sections 53243, 53243.1, 53243.2, and 53243.3 are incorporated by this reference as if fully set forth herein.
4. INDEMNIFICATION FOR ACTS OR OMISSIONS WITHIN THE SCOPE OF EMPLOYMENT.
The City shall provide for the defense of Employee in any action or proceeding alleging an act or omission within the scope of Employee’s employment in accordance with California Government Code sections 825, 995 et seq., and other applicable law. Notwithstanding anything to the contrary in this Agreement, in accordance with California Government Code section 825, subdivision (a), the City reserves the right to not pay any judgment, compromise or settlement subject to that section until it is established that the injury arose out of an act or omission occurring within the scope of Employee’s employment pursuant to this Agreement. Further, notwithstanding anything to the contrary in this Agreement, the City reserves the right to refuse to provide for the defense of Employee for the reasons set forth in California Government Code section 995.2 or other applicable provisions of law. Any City funds provided for the legal criminal defense of Employee shall be fully reimbursed in accordance with California Government Code section 53243.1 if Employee is convicted of a crime involving an abuse of her office or position as defined in California Government Code section 53243.4.
5. PROFESSIONAL DEVELOPMENT.
a. Professional Memberships –
b. The City will pay the annual membership dues to mutually agreed upon public works association(s), up to a maximum of One Thousand Dollars ($1,000) per year. c. Certification/Continuing Education – The City will reimburse Employee up to a maximum of Two Thousand Dollars ($2,000) per year for costs associated with coursework for professional certifications or other relevant professional courses related to the Public Works Director position. Proof of the successful completion of the course must be provided in order to be eligible for reimbursement.
d. Professional Conferences – The City will pay up to a maximum of Two Thousand Dollars ($2,000) per year for attendance at one (1) annual conference related to the Public Works Director position, including registration fees, travel, lodging and meals. With prior supervisory approval, Employee may attend the conference on regular paid time.
The City will consider funding other proposals on a case-by-case basis.
Funding for the professional development provisions is subject to availability. 215
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 7
6. OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
The City Manager, in consultation with Employee, shall fix any other terms and conditions of employment, as may be determined from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with provisions of this Agreement or law, or otherwise defined in Chapter 2.08.090 of the Cloverdale Municipal Code. Certain terms and conditions of employment are subject to approval by the City Council.
7. NOTICES.
Any notices required by this Agreement shall be in writing and either given in person or by first class mail with the postage prepaid and addressed as follows:
TO CITY: City Manager
124 N. Cloverdale Blvd
P.O. Box 217
Cloverdale, CA 95425
TO EMPLOYEE: Derrick Montanye
______________
______________
8. ENTIRE AGREEMENT.
This Agreement is the final expression of the complete agreement of the Parties with respect to the matters specified herein, and supersedes all prior oral or written understandings. Except as prescribed herein, this Agreement cannot be modified except by written mutual agreement signed by the Parties.
9. ASSIGNMENT.
This Agreement is not assignable by either the City or Employee.
10. SEVERABILITY.
In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of this Agreement.
11. COUNTERPARTS.
This Agreement shall be executed simultaneously in three (3) counterparts, which shall be identified by number, and each of which shall be deemed an original, but all of which together shall constitute one (1) and the same instrument.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its City Manager, and duly attested by the City Clerk. It has also been executed by Employee. 216
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 8 ________________________________ ________________________________ David Kelley, City Manager Derrick Montanye, Employee
ATTEST:
________________________________
Michael Maloney, City Clerk
APPROVED AS TO FORM
ON BEHALF OF THE CITY
OF CLOVERDALE:
________________________________
Jose M. Sanchez, City Attorney
217
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 9
EXHIBIT A
Termination without Cause
Template of General Release of All Claims against City
RELEASE OF ALL CLAIMS
This Release of All Claims is entered into by [“NAME”] and the CITY OF CLOVERDALE (“CITY”) on __________________.
RECITALS
WHEREAS, [NAME] is presently employed by CITY as its [TITLE], an at-will position, and may be terminated by the CITY at any time with or without cause; and WHEREAS, the CITY has decided to terminate the employment of [NAME], or [NAME] has resigned [NAME]’s employment in lieu of termination, effective on ____________, 20__; and WHEREAS, the provisions of the employment contract between the CITY and [NAME] provide for payment of severance benefits in certain circumstances including [NAME]’S release of all claims against CITY and CITY’s present and former agents, servants, employees, officials and insurers; and WHEREAS, the CITY is under no obligation to pay severance to [NAME] without [NAME]’s full release of all claims against CITY and CITY’s present and former agents, servants, employees, officials and insurers;
WHEREAS, the CITY is willing to pay said severance benefits to [NAME] upon execution of this release agreement by [NAME].
NOW THEREFORE, THE PARTIES AGREE, to enter into the following terms and agreements.
TERMS AND AGREEMENTS
1. [NAME] hereby resigns in lieu of termination (or is discharged), (herein referred to as “termination”) from [NAME]’s position with the CITY effective __________, 20__.
2. For and in consideration of the terms herein described, [NAME] does hereby release and forever discharge CITY and CITY’s present and former officers, officials, employees, agents, volunteers and insurers (herein referred to as “releasees”) of and from all claims, demands, actions and causes of action (herein referred to as “claims”) arising out of, or in any way connected with [NAME]’s employment with the CITY or the termination of [NAME]’s employment.
3. It is understood and agreed that this is a full and final release of any and all claims arising out of [NAME]’s employment with the CITY and termination of [NAME]’s employment, including any and all potential claims. [NAME] agrees as further consideration and inducement for this compromise settlement, to waive the provisions of the California Civil Code, Section 1542, which provides as follows:
“A general release does not extend to the claims which the creditor does not know or suspect to exist in [her] favor at the time of executing the release, which if known by [her] must have materially affected [her] settlement with the debtor.”
218
Employment Agreement: City of Cloverdale – Public Works Director, continued Page 10
4. [NAME] recognizes the possibility that [NAME] may have sustained injuries or losses in connection with [NAME]’s employment and/or termination which are not yet known, suspected or anticipated. However, in consideration as described herein, [NAME] hereby releases the aforesaid releasees of any and all claims based on such possible future developments.
5. [NAME] recognizes that this settlement is intended to, and warrants that it will, dispose of all liability of releasees to [NAME], [NAME]’s heirs, assigns, and any other person or entity that might now or in the future have a claim as a result of any injury to [NAME] as described in this release. Should any further claims be made by any person or entity for which releasees might be liable, directly or indirectly, [NAME] on behalf of [NAME] and [NAME]’s heirs and assigns agrees to and will hold harmless and indemnify releasees of and from any and all liability for such claims, including all costs, expenses and attorney’s fees in defense of such claims.
6. This Agreement constitutes a comprehensive, general release of any and all claims including, without limitation, Age Discrimination in Employment Act (“ADEA”) claims against releasees. [NAME] understands and acknowledges that [NAME] has been given at least 21 days to consider this release of claims under the ADEA, and that [NAME] expressly waives this 21 day notice provision. [NAME] acknowledges that [NAME] has seven days from the date [NAME] executes this settlement agreement to revoke this release under the ADEA; provided, however, that should [NAME] revoke this release, CITY may in its sole discretion rescind this entire agreement and obtain all amounts paid hereunder.
7. In exchange for the agreements and promises made in this agreement and release, CITY will pay severance to [NAME] in the amounts and types described in the contract of employment between the parties dated __________ __, 20__.
Dated: ___________ CITY OF CLOVERDALE
By
Mayor
Dated: ____________ [NAME]
_____________________________________
219
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
H.2
December 14, 2022
Agenda Section:
New Business
Staff Contact:
Mike Maloney, City Clerk
Agenda Item Title:
Adopting the Official Canvass of the Votes Cast at the General Municipal Election Held on November 8, 2022, for Ballot Measure K, To Prohibit the Sale of Fireworks, and the Election of Three Members of the City Council and the City Treasurer; Declaring the Election of Such Council Members and Declaring the Results of Said Election and Such Other Matters as Provided by Law. _______________________________________________________________________________________ Recommended Council Action(s):
Adopt a Resolution entitled, “A Resolution of the City Council of the City of Cloverdale, Adopting the Official Canvass of the Votes Cast at the General Municipal Election Held on November 8, 2022, for Ballot Measure K, To Prohibit the Sale of Fireworks, and the Election of Three Members of the City Council and the City Treasurer; and Declaring the Election of Such Council Members and Declaring the Results of Said Election and Such Other Matters as Provided by Law.
________________________________________________________________________________________ Background:
A General Municipal Election was held on November 8, 2022, for the purposes of electing three (3) members to the Cloverdale City Council, each for a term of four years as well as the City Treasurer. In addition, Cloverdale Ballot Measure K, prohibiting the sale of state approved fireworks, was voted on as well. On January 1, 2018, the City of Cloverdale entered into an agreement for election services with the County of Sonoma, which continues through December 31, 2022. Elections Code Section 10400 provides that the City Council may request, by resolution, the County Board of Supervisors to consolidate the General Municipal Election with the statewide General Election.
On May 25, 2022, the City Council adopted Resolution No 044-2022 which provided for the following:
1. Authorized the Sonoma County Registrar of Voters to conduct and canvass the results of the General Municipal Election;
2. Authorized to specify the location for the tally of ballots and certify the results to the City Clerk of the City of Cloverdale.
3. Determined that the election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
4. Stated that “The three qualified candidates receiving the highest number of votes shall be elected to the available positions.”
The Sonoma County Registrar of Voters conducted the election and canvassed the results as provided by law and authorized by the City Council.
________________________________________________________________________________________ Summary:
The purpose of this agenda item is to approve a resolution adopting the Official Canvass of the Votes at the General Municipal Election and declare the results of the Official Statement of the Vote, declaring elected three (3) members of the City Council and the results of Measure K and to elect a City Treasurer.
After the adoption of the attached Resolution, the new and re-elected Council members will be given the oath of office will be administered per the State Constitution. The new and re-elected Council Members will 220
City Council/Successor Agency Agenda Item Summary
Meeting Date: December 14, 2022
Item No. H.2
then take their seats on the dais. Measure K would have 1) eliminated Section 15.14.695 of the Fire Code authorizing safe and sane fireworks, and 2) added Chapter 9.44 prohibiting Safe and Sane Fireworks and adopting other regulations. Measure K was voted against by a majority of qualified voters of the City and will not go into effect.
The City received no qualified candidates or write-in candidates for the position of City Treasurer, meaning the office will become vacant. Government Code section 36512 states that if a vacancy occurs for an elective office, such as City Treasurer, then the Council must either 1) call a special election within 60 days, or 2) fill the vacancy through appointment. Since this vacancy will occur in the first half of the term, and more than 130 days until the next general municipal election, any appointment will be for a term ending on the next general election. The Council has already provided direction to explore removing this position as an elective office.
The County of Sonoma Registrar of Voters conducted the election on behalf of the City of Cloverdale and is required to provide to the City a Certification of Election Results. The City of Cloverdale received an email from the County of Sonoma Registrar of Voters indicating that the County certified the election on December 5, 2022. A copy of the certification will be attached as an exhibit to the resolution. ________________________________________________________________________________________ Alternative Options:
None.
________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
None.
________________________________________________________________________________________ Attachments:
Resolution
Exhibit 1 - Official Statement of Votes Cast
Measure K
221
CITY OF CLOVERDALE
CITY COUNCIL
RESOLUTION NO. 0XX-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLOVERDALE ADOPTING THE OFFICIAL CANVASS OF THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, FOR BALLOT MEASURE K,
TO PROHIBIT THE SALE OF FIREWORKS, AND THE ELECTION OF THREE MEMBERS OF THE CITY COUNCIL AND THE CITY TREASURER; HEREBY DECLARING THE ELECTION OF SUCH COUNCIL MEMBERS AND DECLARING THE
RESULTS OF SAID ELECTION AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, under the provisions of the laws relating to general law cities in the State of California, and pursuant to City of Cloverdale Resolution No. 0444-2022, No. 070-2022, and No. 051-2022, a Municipal Election was held on November 8, 2022, for Ballot Measure K and the election of three (3) members of the City Council and the City Treasurer; and
WHEREAS, pursuant to the provisions of Elections Code § 10400, § 10402, § 10403 and § 10418 the General Municipal Election was consolidated with the Statewide General Election, and was conducted by the Sonoma County Registrar of Voters on November 6, 2022; and
WHEREAS, the Sonoma County Registrar of Voters has completed the Official Canvass of the Vote and has submitted to this Council the Official Statement of Votes Cast in the General Municipal Election for adoption; and WHEREAS, a certified copy of the Official Statement of Votes Cast in the Cloverdale General Municipal Election is attached hereto as Attachment 1; and
WHEREAS, Elections Code § 10262, § 10263 and § 15400 provide that the governing body of the City of Cloverdale shall adopt the Official Canvass of the Vote and declare the results of the Statement of the Votes Cast in the General Municipal Election.
WHEREAS, In accordance with Section 10264 of the Elections Code, a copy of said Statement of Votes, which is attached hereto marked Attachment 1 and made a part hereof, shows a complete tabulation of the following: (a) The whole number of votes cast in the city; (b) The names of the persons voted for; (c) The measures voted upon; (d) For what office each person was voted for; (e) The number of votes given at each precinct to each person and for and against each measure; (f) The number of votes given in the city to each person and for and against each measure.
NOW THEREFORE BE IT RESOLVED THAT, said election results as shown on the Certificate of Canvass and Statement of Votes and the results of the election are hereby ratified, confirmed, approved, and declared; and BE IT FURTHER RESOLVED THAT, pursuant to Elections Code § 15450 and § 15452 and the results shown on the Official Statement of Votes Cast, attached hereto as Attachment 1, the following persons have received the highest number of votes cast and as such have been elected to the position of City Council Member: Gus Wolter; Bryan Wheeler; and Marjorie Morgenstern; and
BE IT FURTHER RESOLVED THAT, pursuant to Elections Code § 15450 and § 15452 and the results shown on the Official Statement of Votes Cast, attached hereto as Attachment 1, there were no eligible electors nominated for the position of City Treasurer; and
BE IT FURTHER RESOLVED THAT, more than a majority of all the votes cast at the election for Measure K were against said proposed Measure, and said Measure did not carry and was not approved by a majority of the qualified voters voting on said Measure; and
BE IT FURTHER RESOLVED THAT, the City Clerk shall immediately make and deliver to each of the persons so elected a
Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them 222
subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected; and The foregoing Resolution, was duly introduced and adopted by the City Council of the City of Cloverdale at its regular meeting held on the 14th day of December 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTESTED:
_____________________________ _____________________________ Todd Lands, Mayor Mike Maloney, City Clerk
Attachment 1:
Exhibit A - Cloverdale Official Statement of Votes Cast Exhibit B - Measure K
223
224
Measure K - City of Cloverdale Sale and Use (Vote for 1) Precincts Reported: 3 of 3 (100.00%)
Total
Times Cast 3,622 / 5,361 67.56%
Undervotes 116
Overvotes 1
Candidate Party Total
Yes 1,650 47.08%
No 1,855 52.92%
Total Votes 3,505
Member, City Council Cloverdale (Vote for 3
Precincts Reported: 3 of 3 (100.00%)
Total
Times Cast 3,637 / 5,361 67.84%
Undervotes 4,165
Overvotes 3
Candidate Party Total
"WALKER"J THOMAS
RUGINO 990 14.68%
MARJORIE A MORGENSTERN 1,235 18.32%
GUS WOLTER 2,090 31.00%
BRIAN J. WHEELER 1,761 26.12%
Total Votes 6,743
Total
NICOLE HINCHLIFFE WRITE-IN 667 9.89%
City Treasurer Cloverdale (Vote for 1)
Precincts Reported: 3 of 3 (100.00%)
Registered Election DaVote By MaTotal VotesElection DaVote By MaTotal VotesTotal 4201 2208 17 536 553 74 703 777 1330
4203 1178 18 308 326 55 427 482 808
4204 1975 18 753 771 46 550 596 1367
Total: 5361 53 1597 1650 175 1680 1855 3505
Yes No
Registered Election DaVote By MaTotal VotesElection DaVote By MaTotal VotesElection DaVote By MaTotal VotesElection DaVote By MaTotal VotesElection DaVote By MaTotal VotesTotal 4201 2208 28 354 382 28 462 490 43 748 791 49 582 631 18 244 262 2556 4203 1178 15 203 218 27 228 255 42 403 445 40 347 387 18 143 161 1466 4204 1975 19 371 390 21 469 490 33 821 854 35 708 743 6 238 244 2721 Total: 5361 62 928 990 76 1159 1235 118 1972 2090 124 1637 1761 42 625 667 6743 "WALKER" J THOMAS RUGINO MARJORIE A MORGENSTERN GUS WOLTER BRIAN J. WHEELER NICOLE HINCHLIFFE 225
Total
Times Cast 3,637 / 5,361 67.84%
Undervotes 3,637
Overvotes 0
Candidate Party Total
There are no candidates for
this office
Total Votes 0
Registered Election DaVote By MaTotal VotesTotal
4201 2208 0 0 0 0
4203 1178 0 0 0 0
4204 1975 0 0 0 0
Total: 5361 0 0 0 0
There are no candidates for this of
226
Local Ballot Measure: K
Sonoma County 49-550 9571
Measure K
City of Cloverdale
Measure Question
City of Cloverdale Fireworks Prohibition. Shall an ordinance be adopted that prohibits the sale and use of all fireworks, including “safe and sane” fireworks, within the City, with an exception for permitted public fireworks displays?
What Your Vote Means
YES NO
A “yes” vote on Measure K means that the ordinance
would be enacted and the City’s existing regulations
would be amended to prohibit the sale or use of “safe and sane” fireworks in the City.
A “no” vote on Measure K, means that the ordinance
would not be enacted and the sale and use of “safe and
sane” fireworks would continue to be allowed in the City.
For and Against Measure K
FOR AGAINST
No argument was submitted in favor of Measure K Richard Wedge Chair, Cloverdale Lions Club
Todd Lands
Mayor of Cloverdale
John Buergler
Chair, Veterans of Foreign Wars, Post #9268
Simple Majority Needed to Pass
227
Local Ballot Measure: K
Sonoma County 49-551 9571
Arguments and rebuttals are the opinions of the authors. They are printed exactly as submitted, including errors.
City Attorney’s Impartial Analysis of Measure K Argument Against Measure K The California State Fire Marshal is responsible for regulating the use and sale of all fireworks in the state. Under California law, it is illegal for any person, except for a pyrotechnic professional licensed by the State Fire Marshal, to use most fireworks. “Safe and Sane Fireworks” are a specific type of fireworks that the State Fire Marshal has determined may safely be used by ordinary individuals who are not pyrotechnic professionals.
Safe and Sane Fireworks are legal under state law. However, a city has the authority to ban the sale and use of Safe and Sane Fireworks within the city’s boundaries. The sale of and use of Safe and Sane Fireworks is currently allowed in Cloverdale, subject to certain regulations.
Specifically, Safe and Sane Fireworks may currently be sold in Cloverdale from July 1-4. Only nonprofit organizations located in Cloverdale that provide direct and regular community services and benefits to the residents of the City may apply for a permit to sell Safe and Sane Fireworks. The City may issue permits to a maximum of three organizations. Cloverdale Municipal Code section 15.14.695 contains other regulations governing where and how Safe and Sane Fireworks can be sold.
Under current law, Safe and Sane Fireworks may only be used between 11:00 a.m. and midnight on July 4th. The use of Safe and Sane Fireworks is generally limited to private property and is prohibited in City parks. The use of all fireworks, other than Safe and Sane Fireworks, is currently prohibited in Cloverdale, except for supervised public firework shows conducted by licensed pyrotechnic professionals.
Measure K, if approved by the voters, will completely prohibit the sale and use of Safe and Sane Fireworks in Cloverdale. The use of all other types of fireworks will remain illegal, except that supervised public fireworks shows conducted by licensed pyrotechnic professionals will continue to be allowed with a permit from the City.
The City Council of the City of Cloverdale placed Measure K on the November 8, 2022 ballot. Measure K will not become effective unless the Measure is approved by at least a majority of those voting on the Measure.
The above statement is an impartial analysis of Measure K. If you desire a copy of the Measure, please call the City Clerk’s office at (707)894- 2521, and a copy will be mailed at no cost to you.
DATED: June 16, 2022
JOSE M. SANCHEZ
City Attorney, City of Cloverdale
Measure K is the Wrong answer for Cloverdale!
Cloverdale is the quintessential American community with small-town traditions. We believe the 4th of July is the time to celebrate the precious freedoms we all enjoy as Americans. It's a day for reflection on the price that many have paid to gain or protect our freedoms.
It's a time for parades, barbeques, public fireworks displays and backyard family celebrations with state-approved, safe and sane fireworks.
Measure K will only ban the fireworks that have been approved by the State Fire Marshal for safe, legal use in California which are sold each year by the Cloverdale Lions Club and the Cloverdale Veterans of Foreign Wars (VFW).
Measure K will not stop the use of dangerous, illegal fireworks –like M80s, firecrackers and aerial shells.
Communities which have banned state-approved fireworks have seen as much as a 300% increase in the use of illegal fireworks. Measure _ puts Cloverdale at risk.
Measure K also eliminates funding for the 4th of July public fireworks display and all the financial support for the community programs funded by the Lions Club's and VFW's state-approved fireworks sales.
All fireworks use is already prohibited 364 days of the year. Measure K would ban the safe and responsible use of state-approved fireworks on the one day their use is allowed---the 4th of July!
The Cloverdale Fire Protection District has consistently maintained that, despite the drought-prone conditions in its district, over the last 20 years, state-approved fireworks have not been a problem.
The choice is pretty clear-cut. You either want more illegal fireworks or you want to preserve our decades long safe, family 4th of July celebrations.
Please support our community's 4th of July traditions. Vote No on Measure K.
s/ Richard Wedge s/ Todd Lands
Chair, Cloverdale Lions Club Mayor of Cloverdale
s/ John Buergler
Chair, Veterans of Foreign Wars, Post #9268
No argument was submitted in favor of Measure K
228
Local Ballot Measure: K
Sonoma County 49-552 9571
Full Text of Measure K
ORDINANCE NO. ____- 2022
AN ORDINANCE OF THE CITY OF CLOVERDALE TO DELETE
SECTION 15.14.695 AND ADD CHAPTER 9.44 TO THE
CLOVERDALE MUNICIPAL CODE TO PROHIBIT THE SALE AND
USE OF FIREWORKS, INCLUDING SAFE AND SANE FIREWORKS
WHEREAS, the City of Cloverdale currently allows the sale and use of Safe and Sane Fireworks, as defined and classified in Sections 12529 and 12562 of the Health and Safety Code, around the Fourth of July holiday; and
WHEREAS, the use of fireworks, including Safe and Sane
Fireworks, poses a significant public health, safety, and welfare risks to those that discharge the fireworks as well as members of the public in the surrounding areas; and
WHEREAS, the use of fireworks of any kind creates a
significant fire danger, which is exacerbated by ongoing drought conditions within the City; and
WHEREAS, the use of illegal and legal fireworks has increased in recent years, which has increased the significant public health, safety, and welfare risks such fireworks cause; and
WHEREAS, the People of the City of Cloverdale desire to prohibit the sale and use of all fireworks, including Safe and Sane Fireworks, within the City of Cloverdale.
NOW, THEREFORE, the People of the City of Cloverdale do ordain as follows:
SECTION 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. Municipal Code Amendment.
Section 15.14.695, “Section 5608.3 – Prohibition of Fireworks” of the Cloverdale Municipal Code is deleted in its entirety.
SECTION 2. Municipal Code Amendment.
Chapter 9.44, “Fireworks,” is hereby added to the Cloverdale Municipal Code to read as follows:
“Chapter 9.44 Fireworks.
Section 9.44.010 Definitions.
The following definitions shall apply to this Chapter:
A. “Fireworks”. Has the meaning set forth in the Health and Safety Code section 12511, as amended from time to time, and
includes the following:
1. “Dangerous Fireworks” means those fireworks defined
and classified in Health and Safety Code section 12505, as amended from time to time; and
2. “Safe and Sane Fireworks” means those fireworks defined and classified in Sections 12529 and 12562 of the Health and Safety Code, as those sections may be amended from
time to time.
Section 9.44.020 Fireworks Prohibited.
It is unlawful for any person, corporation, or entity to possess, store, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode any Fireworks, including Safe and Sane Fireworks.
Section 9.44.030 Exemptions
This Chapter does not prohibit:
A. This proper use of flares by railroad personnel, peace officers, fire officials, or motorists.
B. “Exempt Fireworks” as defined in Health and Safety Code section 12508, as amended from time to time.
Section 9.44.040 Fireworks Displays
Notwithstanding anything herein to the contrary, the City Council may at any time permit the public display of Fireworks by properly qualified and duly licensed and permitted individuals or vendors. After such permit is granted, the sale, possession, use, and distribution of Fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
The City Council shall have the power to adopt reasonable rules and regulations for granting of permits for supervised public displays of Fireworks by a jurisdiction, fair association, amusement park, or other organization. Every such use or display shall be of such character and so located as to not be hazardous to persons or property.
Section 9.44.050 Amendment. No amendment of this Chapter shall allow the sale or use of Safe and Sane Fireworks without a vote of the People.
SECTION 3. CEQA. Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (“CEQA”) Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The People of Cloverdale hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 6. Amendment or Repeal.
Chapter 9.44 of the Cloverdale Municipal Code may be amended by the City Council without a vote of the People, except that no amendment shall allow the sale or use of Safe and Sane Fireworks without a vote of the People.
SECTION 7. Codification.
Upon adoption of this Ordinance pursuant to the voter approval referenced above, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the Cloverdale Municipal Code.
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Local Ballot Measure: K
Sonoma County 49-553 9571
Full Text of Measure K (Cont.)
SECTION 8. Publication and Effective Date.
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Sonoma County and circulated in the City of Cloverdale, in accordance with California Government Code section 36933. If this Ordinance is approved by a majority of the voters voting on the issue at the November 8, 2022 election, pursuant to Elections Code section 9217, this Ordinance shall become effective ten (10) days after the Council declares the results of the election.
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OATH OR AFFIRMATION
OF ALLEGIANCE FOR
PUBLIC OFFICERS AND
EMPLOYEES
State of California,
County of Sonoma,
City of Cloverdale SS.
The Execution of the Oath is Required by Article XX, Section 3, of the Constitution of the State of California.
I, XXXX, do solemnly affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
____________________________________
XXXX, City Councilmember
Subscribed and sworn to before me this 14th
day of December 2022
_______________________________
Michael Maloney, City Clerk
}
231
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
H.4
December 14, 2022
Agenda Section:
Reorganization of Council
Staff Contact:
Mike Maloney, City Clerk
Agenda Item Title:
Selection of Mayor and Vice Mayor
_______________________________________________________________________________________ Recommended Council Action(s):
Select a Mayor and a Vice Mayor for a one-year term ending December 2023. ________________________________________________________________________________________ Background:
The Mayor and Vice Mayor are selected by a majority of the City Council for a one-year term. The selection of Mayor and Vice Mayor typically takes place at the first City Council meeting in December or the initial meeting at which newly elected Councilmembers are sworn in, as applicable following certification of the election by the then existing City Council members.
________________________________________________________________________________________ Summary:
The primary role of the Mayor is to serve as the Presiding Officer of City Council meetings. According to the Cloverdale Governance Manual, “the Presiding Officer calls the meeting to order and adjourns it; calls for deliberation and votes of the Council; and determines whether or not to recognize individuals wishing to address the Board. Individuals wishing to address the Council must be recognized by the Presiding Officer before speaking.” In addition to serving as the Presiding Officer, the Mayor speaks for the City and Council at ceremonial events and is responsible for signing documents (Ordinances and Resolutions) on behalf of the Council. The role of Mayor has the privilege of sitting on Mayor only positions with select Regional Boards and Committee including serving as the City’s representative on the Executive Committee of the Mayors’ and Councilmembers’ Association of Sonoma County.
The Vice Mayor is responsible for fulfilling the responsibilities of the Mayor in the Mayor’s absence. In the absence of the Mayor, the Vice Mayor shall serve as the presiding officer. The Council shall choose one of its members to serve as Mayor and one as Vice Mayor. Once selected, the Mayor and Vice Mayorshall hold their respective offices until the first regular City Council meeting one year following the meeting in which they were selected and seated.
Election of Mayor.
The City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code. Following the declaration of the election results and the installation of elected officials, the Council shall choose one of its members as Mayor, and one of its members as Vice Mayor.
The recommended process for selection of Mayor is as follows:
1. The Mayor will call for nominations for the Office of Mayor
2. Nominations received from the members of the City Council
3. Public Comment
4. Council Comments (if any)
5. Vote (taken beginning with the first nominee)
232
City Council/Successor Agency Agenda Item Summary
Meeting Date: December 14, 2022
Item No. H.4
6. Gavel and seat is transferred to newly selected Mayor Election of Vice Mayor (Newly Elected Mayor will call for nominations for Office of Vice Mayor).
1. Nominations Received
2. Public Comment
3. Council Comments (if any)
4. Vote (taken beginning with the first nominee)
________________________________________________________________________________________ Alternative Options:
None, this action complies with the Cloverdale Council Governance Manual. ________________________________________________________________________________________ Subcommittee Recommendation:
N/A
________________________________________________________________________________________ Budget/Financial Impact:
None.
________________________________________________________________________________________ Attachments:
None.
233
1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, December 14, 2022 4:08 PM
To: Michael Maloney
Subject: FW: Mayor Todd Lands
‐‐‐‐‐Original Message‐‐‐‐‐
From: Renee Tierney < .net>
Sent: Wednesday, December 14, 2022 4:05 PM
To: David Kelley <[email protected]>
Cc: Renee Tierney .net>
Subject: Mayor Todd Lands
I am currently out of town and cannot attend the City Council meeting to discuss the Mayor position. Please read this email for me at public comment time at the meeting.
I have lived in Cloverdale for 48 years. I do not recall a mayor during that time who has done as much as Todd for our community. He has gathered support for fire management at the River Park and many other projects that have made us all safer. He is available and open to discussions with community members and truly loves our town. Please extend his position as mayor so he can continue to improve our wonderful town.
Renée Tierney
Sent from my iPhone
234
1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, December 14, 2022 4:08 PM
To: Michael Maloney
Subject: FW: Support Todd Lands as Mayor
From: Teri Rolleri >
Sent: Wednesday, December 14, 2022 3:15 PM
To: David Kelley <[email protected]>
Subject: Support Todd Lands as Mayor
Please accept this email in support keeping of our current Mayor, Todd Lands in this position for another term.
Thank you,
Teri Rolleri
, Cloverdale, CA 95425
707
235
City Council/Successor Agency
Agenda Item Summary Agenda Item:
Meeting Date:
H.5
December 14, 2022
Agenda Section:
New Business
Staff Contact:
David Kelley, City Manager
Agenda Item Title:
Review and discussion of Updated City Council 2023 Subcommittee, Joint Committee and Regional Board/Committee Appointments
_______________________________________________________________________________________ Recommended Council Action(s):
Staff recommends that the City Council review and discuss Subcommittee, Joint Committee and Regional Board/Council Assignments, and complete preference forms (Attachments 2 & 3) to enable staff to make a recommendation to the City Council at the January 11, 2023 City Council meeting. ________________________________________________________________________________________ Background:
Cloverdale Municipal Code Chapter 2.06 describes the City Council’s subcommittee system. Municipal Code Section 2.06.040 states the following:
Each subcommittee shall consist of two city council members, with one member designated as the subcommittee chair, and the city manager. City council members shall serve a one-year term on the subcommittee, or until their successor is appointed. Subcommittee assignments and appointments will be made by the majority of the city council, which typically takes place during the first regularly scheduled city council meeting in January each year.
In addition to Council subcommittees, there are various regional boards that require the Council to formally designate a board representative. In some instances, the Regional Boards By-laws require that the primary and alternate Board appointees consist of elected officials. The Boards that require board appointments to be elected officials include Sonoma Clean Power, Sonoma County Transportation Agency and Northern Sonoma County Air Pollution Control District. Attachment 1 is a copy of the Resolution adopting the current Roster of Subcommittee, Joint Committee and Regional Board/Council Appointments and the 2022 Subcommittee Meeting Schedule.
________________________________________________________________________________________ Summary:
The City Manager recommends that the City Council review and discuss the Subcommittee, Joint Committee and Regional Board/Council Appointments to determine if any modifications to the selection process or meeting dates are requested. City staff is distributing preference indication worksheets (Attachments 2 & 3) to the City Council to facilitate the subcommittee selection process for 2023. The results of the preference forms submitted by the Councilmembers will be compiled and presented to the City Council with draft appointment recommendations. City staff requests that the City Council complete and return the attached preference indication worksheets forms for by no later than January 2nd in order to enable the City Manager to provide a draft recommendation for Subcommittee appointments to the City Council at the January 11, 2023, City Council meeting.
236
City Council/Successor Agency Agenda Item Summary
Meeting Date: December 14, 2022
Item No. H.5
The following guidelines will be utilized in making draft recommendations for subcommittee appointments:
1) Provide for parity in Committee roles by ensuring that all Council Members will be assigned to at least one of their first choices for committee appointments; If more than two Councilmembers identify the same first choice in committee appointments, the second highest choice will be recommended; and
2) Provide for continuity in committee membership by having one City Council Member remain on a subcommittee from 2022 where possible; and
3) Provide for equal Committee workload among Council Members.
The City Manager’s recommendation should be viewed as a starting point for the City Council’s discussion.
The final determination of subcommittee and regional board appointments is at the direction of the full City Council. The final assignment list and meeting schedule recommended by the City Council at the January 11, 2023 meeting will be returned for formal adoption by resolution at the January 25, 2023, City Council meeting.
________________________________________________________________________________________ Alternative Options:
1. Submit priority ranking forms to staff indicating desired appointments to subcommittee, joint committee and regional/council assignments using and direct staff to return with a Resolution to ratify the appointments and set the meeting dates and times; or
2. Provide alternative direction to staff.
________________________________________________________________________________________ Subcommittee Recommendation:
Not Applicable
________________________________________________________________________________________ Budget/Financial Impact:
None.
________________________________________________________________________________________ Attachments:
1. Resolution No. 006-2022 Adopting the Roster of Subcommittee, Joint Committee and Regional Board/Council Appointments and the 2022 Subcommittee Meeting Schedule
2. 2023 Council Preference Indication Worksheets for Subcommittees
3. 2023 Council Preference Indication Worksheets for Regional Boards 237
238
239
240
241
242
2022 SUBCOMMITTEE AND BOARD APPOINTMENTS – COUNCIL PREFERENCE INDICATION
RANKING SUMMARY
Councilmember Name: Draft Preference Rankings Worksheet Date: December 14, 2022 Councilmember ranking of their Subcommittee preference from 1-6 (one being the highest or most preferred) for each of the Council subcommittees.
Council and Joint Subcommittees Numerical Preference Ranking (Submit your rankings to City Manager or City Clerk by January 2, 2023):
Subcommittee 2022 Members Bagby Lands Morgenstern Wheeler Wolter Finance & Administration & Police Wolter / Lands
Planning & Sustainability Bagby / Cruz
Public Works & Facilities Wolter / Palla
Joint City / Cloverdale Fire District Cruz / Bagby
Joint City / Cloverdale
Unified School District Palla / Lands
Homelessness Lands / Palla
Councilmember Ranking Results (To be presented to City Council by City Manager/City Clerk on 01/11/2023):
Subcommittee 2022 Members 1 2 3 4 5
Finance & Administration & Police Wolter/ Lands
Planning & Sustainability Bagby / Cruz
Public Works & Facilities Wolter / Palla
Joint City / Cloverdale Fire District Cruz / Bagby
Joint City / Cloverdale Unified
School District Palla / Lands
Homelessness Lands / Palla
243
DRAFT 2023 RECOMMENDED CITY COUNCIL SUBCOMMITTEE APPOINTMENTS AND MEETING TIMES (PRESENTED AT JANUARY 2023 CITY COUNCIL MEETING)
Subcommittee
2022
Subcommittee
Members
City Manager
Recommended
2023
Appointments
2023 City
Council
Recommended
Appointments
2023
Meeting
Dates/Times
Council
Recommended
2022 Meeting
Dates/Times
Finance & Administration &
Police Wolter / Lands
1st Tuesday,
1:30 p.m.
(Monthly)
Planning & Sustainability Bagby / Cruz
3rd Tuesday,
4:00 p.m. (BiMonthly)
Public Works & Facilities Wolter / Palla
4th Tuesday,
1:30 p.m.
(Monthly)
Joint City/Cloverdale Fire
District Cruz / Bagby
2nd Monday,
5:30 p.m.
(Every Four
Months)
Joint City/Cloverdale Unified
School District Lands / Palla
3rd Monday,
5:00 p.m. (BiMonthly,
School year)
Homelessness Community
Advisory Group Lands/Palla
2nd Tuesday,
1:30 p.m.
(Monthly)
244
2023 REGIONAL BOARD APPOINTMENTS – COUNCIL PREFERENCE INDICATION WORKSHEET Regional Board / Committee 2022 Appointee Bagby Lands Morgenstern Wheeler Wolter Cloverdale Chamber of Commerce Liaison LANDS, WOLTER (ALT) Cloverdale Senior Center LANDS, WOLTER (ALT)
Planning Commission Liaison WOLTER, VACANT (ALT)
Cloverdale Rancheria Tribal Council Liaison CRUZ, WOLTER (ALT) Cloverdale Regional Library Advisory Board LANDS, CRUZ (ALT) Homelessness Community Advisory Group LANDS, PALLA
League of CA Cities Board of Directors** BAGBY
League of CA Cities’ Redwood Empire Division Legislative Committee** BAGBY, CRUZ (ALT)
Northern Sonoma County Air Pollution Control District PALLA, CRUZ (ALT) Redwood Empire Municipal Insurance Fund (REMIF/CIRA) HOLMES, KELLEY (ALT) Russian River Watershed Assn (RRWA) CRUZ, BAGBY (ALT)
Sonoma Co. Dept. of Health Services, Health Action Council WOLTER, LANDS (ALT) Sonoma Co. Mayors/Council Members Assn Legislative
Committee BAGBY, WOLTER (ALT)
Sonoma Co. Open Space District Advisory Board NONE
Sonoma Co. Transportation Authority & Regional Climate
Protection Authority BAGBY, CRUZ (ALT)
Zero Waste Sonoma CRUZ, BAGBY (ALT)
Sonoma Marin Area Rail Transit (SMART)# BAGBY
Sonoma Clean Power BAGBY, CRUZ (ALT)
245
* Appointment by and represents Sonoma County Mayors and Councilmember’s Association # Requires membership on SCTA / RCPA Board
** Appointment by League of CA Cities Board of Directors ++Subject to Sonoma County Mayors/Council Members Association appointment 2022 REGIONAL BOARD APPOINTMENTS – RANKING RESULTS
(Draft Recommendations by City Manager):
Regional Board / Committee 2022 Appointee
City Manager
Recommended
2023 Appointments
City Council
Recommended
2023 Appointments
Cloverdale Chamber of Commerce Liaison LANDS, WOLTER (ALT) Cloverdale Senior Center CRUZ, LANDS (ALT)
Planning Commission Liaison WOLTER, VACANT (ALT)
Cloverdale Rancheria Tribal Council Liaison CRUZ, WOLTER (ALT) Cloverdale Regional Library Advisory Board LANDS, CRUZ (ALT) Homelessness Community Advisory Group LANDS, CRUZ
League of CA Cities Board of Directors** BAGBY
League of CA Cities’ Redwood Empire Division Legislative Committee** BAGBY, CRUZ (ALT)
Northern Sonoma County Air Pollution Control District PALLA, CRUZ (ALT) Redwood Empire Municipal Insurance Fund (REMIF) HOLMES, KELLEY (ALT) Russian River Watershed Assn (RRWA) CRUZ, BAGBY (ALT)
Sonoma Co. Dept. of Health Services, Health Action Council CRUZ, BAGBY (ALT) Sonoma Co. Mayors/Council Members Assn Legislative
Committee BAGBY, WOLTER (ALT)
Sonoma Co. Open Space District Advisory Board ++ NONE
Sonoma Co. Transportation Authority & Regional Climate
Protection Authority BAGBY, CRUZ (ALT)
Zero Waste Sonoma County CRUZ, BAGBY (ALT)
Sonoma Marin Area Rail Transit (SMART)# BAGBY
Sonoma Clean Power BAGBY, CRUZ (ALT)
246
1 Michael Maloney
From: Michael Maloney
Sent: Wednesday, December 14, 2022 3:15 PM
To: City Council Members
Subject: FW: Council Report 11/9-12/14
Councilmember Bagby report below:
Mike Maloney, PACE | City Clerk
City of Cloverdale
124 N. Cloverdale Blvd.
Cloverdale, CA 95425
Office: (707) 894‐1712
www.cloverdale.net
From: Melanie Bagby <[email protected]>
Sent: Wednesday, December 14, 2022 1:51 PM
To: Michael Maloney <[email protected]>
Subject: Council Report 11/9‐12/14
11/16 Attended SMART board meeting
Watch a Board meeting | Sonoma-Marin Area Rail Transit
5401 Old Redwood Highway Suite 200 Petaluma, CA 94954. (707) 794-3330. Customer Service: 511 or (707) 794-3330 CustomerService @ SonomaMarinTrain.org
www.sonomamarintrain.org
12/4 Attended ribbon cutting for The Bike Shop at Furber Plaza 12/7 Attended SMART board meeting
Watch a Board meeting | Sonoma-Marin Area Rail Transit
5401 Old Redwood Highway Suite 200 Petaluma, CA 94954. (707) 794-3330. Customer Service: 511 or (707) 794-3330 CustomerService @ SonomaMarinTrain.org
www.sonomamarintrain.org
247
2 12/8 Attended GRTA (Great Redwood Trail Agency) call with staff. The Great Redwood Trail Master Plan is currently being developed.
To help protect your
privacy, Micro so ft Office
prevented automatic
download of this picture
from the Internet. Great Redwood Trail – Master Plan
Vision for the Trail. The Great Redwood Trail (GRT) is envisioned as a 316-mile rail-to-trail project connecting California’s San Francisco and Humboldt Bays. greatredwoodtrailplan.org
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. The Great Redwood Trail Agency Great Redwood Trail Agency 419 Talmage Road, Suite M
Ukiah, CA 95482 (707) 463-3280
thegreatredwoodtrail.org
12/8 Attended SCTA/RCPA board meeting, received update on Resilient Hwy. 37 planning project. SCTA December Newsletter | RCPA December Newsletter
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. March '22 RCPA Newsletter March News and Events from RCPA! You can sign up to
receive our monthly newsletter here:
https://buff.ly/2Z8NTmT
mailchi.mp
248
3 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. December '21 SCTA Newsletter The December SCTA Update is here: 101 NB Carpool Lane
Completion, SR37 Flood Reduction Comments Deadline,
Bicycle History in Sonoma County. #GoMeasureM
#GoSCTA You can sign up to receive our monthly
newsletter here: https://buff.ly/2Z8NTmT
mailchi.mp
Best,
Melanie Bagby
Councilmember, City of Cloverdale
office (707) 893‐7170 • [email protected]
249