Agenda, regular meeting, first session — Del Mar City Council, October 3, 2022 (part 2 of 2)

Chapter 23.12 CALIFORNIA CODES FOR CONSTRUCTION
DIVISION 1. BUILDING CODE

23.12.010 Adoption of the 2019 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City building code for the purpose of prescribing regulations in the City of Del Mar for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures, the 2019 2022 California Building Code, Part 2, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code, Section 18902 et seq. based on the International Building Code, 2018 2021 Edition, including those Appendix Chapters not shown as deleted by this Chapter. Except as otherwise provided by this Chapter or any other section of the City of Del Mar Municipal Code, all erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures within the City of Del Mar shall be in conformance with the 2019 2022 California Building Code and the adopted Appendix Chapters, published by the California Building Standards Commission. (Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 1, 11-18-2019) Editor's note(s)—Ord. No. 922 , § 3, adopted November 21, 2016, repealed the former Sections 23.12.010,

23.12.012, 23.12.014, 23.12.016, 23.12.018, 23.12.020, 23.12.030, 23.12.032, 23.12.040, 23.12.042,

23.12.050, 23.12.060, 23.12.062, 23.12.063, and 23.12.070 in their entirety, and enacted new Sections

23.12.010, 23.12.011, 23.12.012, 23.12.014, 23.12.018, 23.12.020, 23.12.030, 23.12.040, 23.12.050,

23.12.060—23.12.065, and 23.12.070 to read as herein set out. The former provisions pertained to various codes for construction, and derived from Ord. No. 412; Ord. No. 632; Ord. No. 678; Ord. No. 763; Ord. No. 775; Ord. No. 800; Ord. No. 808; Ord. No. 853, and Ord. No. 890.

23.12.011 Section 101.1 amended.

Section 101.1 Title shall be amended as follows, "These regulations shall be known as the Building Code of the City of Del Mar, hereinafter referred to as "this code."” (Ord. No. 922 , § 3, 11-21-2016)
Note(s)—See editor's note at Section 23.12.010.

23.12.012 Section 105.12 amended.

Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:

1. Modifies CBC Section 105.2 - 1. to exempt the following: One-story detached accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area is not greater than 48 square feet.

2. Modifies CBC Section 105.2 - 6. to exempt the following: Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy). 19 October 3, 2022 Item 09

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Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.

Local amendments to Section 105.1 to require permits for repaving and restriping by adding the following statement at the end of Section 105.1- Required:
“A building permit is required for repaving and/or re-striping of all parking lots serving commercial, office, multifamily and hotel buildings and structures. Re-striping shall meet the current edition of the CBC.”

23.12.013 Section 105.2 amended.

Local amendments to Section 105.2 (Work exempt from a Building Permit) are as follows:

1. Modifies CBC Section 105.2 - 1. to exempt the following One-story detached accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area is not greater than 48 square feet.as follows:

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 m2 4.46 square meter). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Modifies CBC Section 105.2 - 2. as follows:

Fences not over 7 Feet (2134 mm) 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 4. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CBC Section 105.2 - 6. to exempt the followingby adding the following exemption at the end of item 6:
“Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).”
Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits will be required for the above exempted items.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 2, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

23.12.014 Section 1505 Amended.
[No Change to current Del Mar Code amendments]

23.12.018 Appendices Adopted.
“Appendices C and I of the 2019 California Building Code are adopted.” Appendix AX of the 2022 California Residential Code is adopted. (Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 4, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.
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TITLE 23 - BUILDING CONSTRUCTION
Chapter 23.12 - CALIFORNIA CODES FOR CONSTRUCTION
DIVISION 2. ELECTRICAL CODE

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DIVISION 2. ELECTRICAL CODE

12.12.020 Adoption of the 2019 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city electrical code for the purpose of prescribing regulations in the city of Del Mar for the installation, alteration or repair of electrical systems and permit requirements and inspection thereof, the 2019 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code based on the National Electrical Code, 2017 2020 Edition. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all installation, alteration, or repair of electrical systems within the City of Del Mar shall be in conformance with the 2019 2022 California Electrical Code published by the California Building Standards Commission.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 5, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

DIVISION 3. PLUMBING CODE

23.12.030 Adoption of the 2019 2022 California Plumbing Code. Part 5. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2019 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Del Mar shall be in conformance with 2019 2022 California Plumbing Code, published by the California Building Standards Commission.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 6, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

DIVISION 4. MECHANICAL CODE

23.12.040 Adoption of the 2019 2022 California Mechanical Code. Part 4. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Del Mar for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, 21 October 3, 2022 Item 09

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incinerators or other miscellaneous heat-producing appliances, the 2019 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances shall be in conformance with California State Building Standards Code and any rules and regulations promulgated pursuant thereto, published by the California Buildings Standards Commission.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 7, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

DIVISION 5. ENERGY CODE

23.12.050 Adoption of the 2019 2022 California Energy Code. Part 6. Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city energy code for the purpose of prescribing regulations in the City of Del Mar for the conservation of energy the 2019 2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of buildings where energy will be utilized shall be in conformance with California Building Standards Code and any rules and regulations promulgated pursuant thereto, including the California Energy Commission. 2019 2022 California Energy Code, published by the California Energy Commission.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 8, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

DIVISION 6. RESIDENTIAL CODE

23.12.060 Adoption of the 2019 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city residential code for the purpose of prescribing regulations in the City of Del Mar for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of one- and two-family dwellings, and townhouses, the California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. and the 2019 2022 California Residential Code. Except as otherwise provided by this Chapter and other parts of the City of Del Mar Municipal Code, all construction of one- and two-family dwellings and townhouses shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2019 2022 California Residential Code, published by the California Building Standards Commission.
(Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 9, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.
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23.12.061 Section R101.1 amended.

Section R101.1 Title shall be amended as follows, "These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Del Mar, and shall be cited as such and will be referred to herein as "this code.""
(Ord. No. 922 , § 3, 11-21-2016)
Note(s)—See editor's note at Section 23.12.010.

23.12.062 Section R105.2 amended.

Section R105.2. Building is amended [as follows:]

1.One-story detached accessory structures used as tool and storage sheds, play houses and similar uses, provided the floor area is not greater than 48 square feet.

Local amendments to Section R105.2 (Work exempt from a Building Permit) are as follows:

1. Modifies CRC Section R105.2 - 1. as follows:

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 48 square feet (11.15 4.46 square meters). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Modifies CRC Section R105.2 - 2. as follows:

Fences not over 12 inches (305 mm) high.

3. Modifies CBC Section 105.2 – 3. to exempt the following: Retaining walls that are not over 12 inches high measured from the top of the footing.

4. Modifies CRC Section R105.2 - 5. as follows:
“Sidewalks and driveways not more than 30 inches in the rear yard, and 18 inches in the side yard, above adjacent grade, and not over any basement or story below and are not part of an accessible route. This exception applies only to structures accessory to a single-family dwelling (Group R, Division 3 Occupancy).”
(Ord. No. 922 , § 3, 11-21-2016)
Note(s)—See editor's note at Section 23.12.010.

23.12.063 Section R902.1.3 amended.

Local amendments to Section R902.1.3 are as follows:

R902.1.3 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 10 percent of the total roof area is replaced within a one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

Local amendments to Section R902.1 to delete reference to Class B and C roof covering and be consistent with Section 1505 of the CBC as follows:
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R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum class A, B or C roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A , B and C roofing required by this section to be listed shall be tested in accordance with ASTM E103 or UL 790.

All roof-coverings, including re-roofing except as specified in Section R902.1.2 below, shall be of a roof classification not less than a Class A Roof-Covering.

No wood shake or shingle products are permitted to be installed on the roof of any Occupancy Group.

For re-roofing of existing residential buildings, the Class A Roofing Assembly may be limited the part of the assembly specified from the sheathing upward, provided the existing sheathing is solid with a minimum thickness of 3/8". Where spaced sheathing currently exists, it shall be replaced or covered with sheathing of a thickness required for a class A Assembly.

Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof.

23.12.0634 Section R902.1.3 amended.

Local amendments to Section R902.1.3 areto be renumbered to be consistent with the 2022 CRC as follows:

R902.1.3 R902.1.2 Roof Covering in all other areas. The entire roof covering of every existing structure where more than 10 percent of the total roof area is replaced within a one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. (Ord. No. 922 , § 3, 11-21-2016; Ord. No. 957 , § 10, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

23.12.0654 - Section R313.1 Exception amended.

Section R313.1 Exception is amended to read as follows:

R313.1 Exception: An automatic sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic sprinkler system installed.An automatic residential fire sprinkler system may be required by the Ffire cCode oOfficial when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler installed. (Ord. No. 922 , § 3, 11-21-2016)
Note— See editor's note at Section 23.12.010.

23.12.0665 - Section R313.2 Exception amended.

Section R313.2 Exceptions is amended to read as follows:

R313.2 Exceptions:

1. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system.An automatic residential fire sprinkler system may be required by the Ffire Code oOfficial for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system.
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(Ord. No. 922 , § 3, 11-21-2016)
DIVISION 7. GREEN BUILDING CODE

23.12.070 Adoption of the 2019 2022 California Building Standards Code, Part 11, Title 24 of the California Code of Regulations.

There is adopted and incorporated by reference herein as the city green building code for the purpose of prescribing regulations in the City of Del Mar for improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, the 2019 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18902 et seq. Except as otherwise provided in this chapter and other parts of the Del Mar Municipal Code, all construction shall be in conformance with the California Building Standards Code and rules and regulations promulgated pursuant there to, including the 2019 2022 California Green Building Standards Code, published by the California Building Standards Commission and Appendix A5 (Tier 1 non-residential voluntary measures), incorporated herein by reference, is adopted as mandatory provisions for all new non-residential construction and any non-residential construction over a $150,000.00 valuation as determined by the City of Del Mar Building Department. (Ord. No. 922 , § 3, 11-21-2016; Ord. No. 937 , § 1, 6-18-2018; Ord. No. 957 , § 11, 11-18-2019) Note(s)—See editor's note at Section 23.12.010.

23.12.080 Adoption of the 2019 2022 California Administrative Code, Part 1, Title 24 of the California Code of Regulations.

The California Administrative Code, Part 1, Title 24 of the California Code of Regulations is adopted and incorporated by reference herein as the city administrative code for the purpose of prescribing regulations in the City of Del Mar.
(Ord. No. 853; Ord. No. 890; Ord. No. 957 , § 12, 11-18-2019)

23.12.082 Reserved.

Editor's note(s)—Ord. No. 957 , § 13, adopted November 18, 2019, repealed § 23.12.082 in its entirety. Former §

23.12.082 pertained to the amendment to Chapter 2, Organization and Enforcement, and derived from Ord.

No. 853 and Ord. No. 890.

23.12.084 Reserved.

Editor's note(s)—Ord. No. 957 , § 14, adopted November 18, 2019, repealed § 23.12.084 in its entirety. Former §

23.12.084 pertained to the amendment to Chapter 3, Permits and Inspection, and derived from Ord. No. 853 and Ord. No. 890.
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23.12.090 Adoption of the 2019 2022 California Reference Standards Code, Part 12, Title 24 of the California Code of Regulations.

The California Reference Standards Code is adopted and incorporated by reference herein for the purpose of prescribing regulations in the City of Del Mar.
(Ord. No. 957 , § 15, 11-18-2019)
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Matt Bator, AICP, Principal Planner
Hans Schmidt, Fire Marshal
Karen Brindley, Planning & Community Development Director Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Adoption of the 2022 Fire Code
REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council introduce an Ordinance (Attachment A) amending Del Mar Municipal Code (DMMC) Chapter 10.04 to adopt the 2022 California Fire Code.

DISCUSSION/ANALYSIS:

The State of California recently adopted amendments to the 2022 State Fire Code, which incorporate the International Fire Code 2021 Edition. These amendments update standards to improve fire protection and public safety. Local jurisdictions are required to adopt these updates, generally by reference, through the ordinance process. The proposed amendment would amend DMMC Chapter 10.04 to reflect adoption of the updated State and International fire codes.

The City Council is being asked to introduce an Ordinance to adopt updated versions of the California and International Fire Codes. The purpose of this ordinance is to update the City’s Municipal Code to ensure compliance with the requirements of the 2022 State-mandated fire code and the 2021 edition of the International fire code. The State fire code is updated every three years, with the requirement that local jurisdictions enforce the amended State code as the minimum standards for fire safety.

In November 2019, the City Council adopted the 2019 Edition of the California Fire Code, which took effect January 1, 2020. The 2022 Edition of the California Fire Code will be in effect and enforceable on January 1, 2023.

In conjunction with the adoption of the new State code, local governments may also adopt more stringent fire safety standards that reflect their community’s unique circumstances and may re-adopt those amendments from previous years that are still valid. For example, local jurisdictions may establish locations or districts where storage 1 October 3, 2022 Item 10
City Council Agenda Report
Adoption of the 2022 Fire Code
October 3, 2022

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of Class I and Class II flammable liquids in aboveground tanks is prohibited. In the City of Del Mar, the aboveground storage of those liquids is prohibited in residential areas.

The adoption of the more stringent standards is supported by findings included in the proposed Ordinance.

As proposed, all existing locally adopted amendments will continue to apply. The local amendments are based on local climatic, geographic, and topographical conditions that include frequent dry gusting winds and brush-covered hillsides that create fire hazard conditions that necessitate the regulation of transportation and storage of hazardous materials. A summary of the proposed changes from the existing code to the proposed Ordinance is provided in Attachment B. A copy of existing DMMC Chapter 23.12 is included in Attachment C.

If introduced, the Ordinance would return to the City Council for adoption on October 17, 2022, and would become effective 30 days from adoption on November 16, 2022.

PRIOR CITY COUNCIL REVIEW:

On November 18, 2019, the City Council adopted Ordinance 956 amending chapter

10.04 of the DMMC to adopt the International Fire Code 2018 Edition and the California Fire Code 2019 Edition.

FISCAL IMPACT:

There is no fiscal impact or action to be taken by the City Council related to this agenda item. The review of a development’s conformance with the applicable fire codes is handled through the separate review of development applications and building permits.

As part of that process, the City applies fee charges to recover a portion of the administrative costs incurred to provide such reviews. No changes are proposed for the existing City’s fee schedule for issuance of fire department related permits.

ENVIRONMENTAL REVIEW:

This project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). The adoption of State-mandated Fire Codes with minor amendments will not have a significant effect on the environment.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

Updating the City’s fire code to adopt the required California codes by reference and incorporate local modifications is a Tier 1 priority for FY2022-23.

ATTACHMENTS:

Attachment A - Ordinance to replace DMMC Chapter 10.04
Attachment B - Summary of Del Mar Fire Code Changes
Attachment C - Strikeout of existing DMMC Chapter 10.04 Attachment D - Matrix of Findings
2 October 3, 2022 Item 10
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING CHAPTER 10.04 OF THE CITY

OF DEL MAR MUNICIPAL CODE TO ADOPT THE
INTERNATIONAL FIRE CODE 2021 EDITION AND THE
CALIFORNIA FIRE CODE 2022 EDITION, INCLUDING

APPENDIX B AND I, WITH CERTAIN AMENDMENTS,

ADDITIONS, AND DELETIONS
WHEREAS, Chapter 10.04 of the Del Mar Municipal Code is the Del Mar Fire Code, which adopts by reference the International Fire Code and the California Fire Code; and
WHEREAS, Chapter 10.04 currently applies the 2018 version of the International Fire Code and the 2019 version of the California Fire Code; and WHEREAS, there is a need to amend Chapter 10.04 because the State of California (“State”), pursuant to Health & Safety Code section 17922, has recently adopted the 2021 version of the International Fire Code and the 2022 version of the California Fire Code (together, the “Fire Code”); and
WHEREAS, California Health & Safety Code section 17958 mandates that cities such as the City of Del Mar shall adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to California Health & Safety Code section 17922; and

WHEREAS, Health & Safety Code section 17958.5 permits the City of Del Mar to make such changes or modifications to the Fire Code as are reasonably necessary to reflect conditions or circumstances unique to the local jurisdiction; and WHEREAS, Health & Safety Code section 17958.7 requires that, before making any changes or modifications pursuant to section 17958.5, the City make findings that support such changes or modifications necessary due to the community’s climatic, geological, or topographic conditions; and
WHEREAS, the Fire Code, together with the City of Del Mar amendments, shall be the City of Del Mar Fire Code for the purposes of prescribing the fire regulations for the City of Del Mar; and
WHEREAS, local amendments adopted by the City of Del Mar shall take precedence over the Fire Code; and
WHEREAS, sections 50022.1 through 50022.10 of the Government Code and section 13869 of the Health and Safety Code provide authority for the adoption by reference of codes, or portion of such codes; and
3 October 3, 2022 Item 10
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WHEREAS, the proposed amendments do not constitute an amendment to the City’s certified Local Coastal Program, which means that the final decision on the ordinance will be made by the Del Mar City Council.

NOW THEREFORE, the City Council of the City of Del Mar hereby ordains as follows:

SECTION ONE:

The City Council hereby confirms that the following findings are still applicable to conditions within the City of Del Mar pursuant to California Health and Safety Code section 17958.5:

Finding A
The City of Del Mar is adjacent to a major transportation corridor (Interstate 5) which traverses in a north/south direction. Interstate 5 is used to transport hazardous materials and is designated by the State of California as an approved route for transporting highly toxic and radioactive materials.

The City of Del Mar is bisected by a railroad line running north/south. Hazardous materials are transported on the railroad.

Underground pipes run parallel to the railroad line and carry natural gas under high pressure. Underground pipes run in a north/south direction in the eastern portion of the City and carry liquid petroleum under high pressure.

The transport, through the City, of hazardous, toxic and radioactive materials, as well as natural gas and liquid petroleum, on a regular basis, increases the threat of fire ignition and spread. This adds to the fire danger posed by the City’s climatic, topographic and geological conditions.

Finding B
The City of Del Mar’s topography is characterized by many large hillsides. The City’s climate promotes the heavy growth of natural vegetation that covers the hillsides and is highly flammable, especially in the dry season. There are numerous areas of wildland-urban interface where structures, especially residences, are in close proximity to that natural vegetation.

The City’s climate is characterized by Santa Ana conditions involving dry gusty winds. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. 4 October 3, 2022 Item 10
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Seasonal winds also have the potential for impeding emergency vehicle access by toppling trees (especially eucalyptus and pine which are species that are prevalent in the City and susceptible to being felled by winds).

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Therefore, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding C
The City of Del Mar is situated on the west slope of the coastal foothills that contain drainages which contribute to flooding within the community.

Because flooding conditions can impede fire service vehicles reaching the site of a fire, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding D
The City of Del Mar is situated near the Rose Canyon Fault, the Elsinore Fault, and the Agua Caliente Fault. A cluster of faults known as the “South Coast Offshore Zone of Deformation” is located off the City’s coast. These geologic conditions are capable of generating earthquakes of significant magnitude at any time.

An earthquake may: (1) cause fires; (2) impede emergency vehicles responding to fires; and (3) interrupt the City’s water supply which is needed to fight fires.

Because the community is subject to damage from earthquakes, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding E
The City of Del Mar and Southern California are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for fire fighting. Fires starting in sprinkled buildings are typically controlled by one to three sprinkler heads, flowing as little as 13 gallons per minute.

Hose streams used by engine companies on well established structure fires operate at approximately 250 gallons per minute each, and the estimated water 5 October 3, 2022 Item 10
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needed for a typical residential fire is 1,250 to 1,500 gallons per minute, according to the Insurance Service Office and the International Fire Code. The water estimate for a commercial building is typically greater than that of a residential structure.

Under circumstances such as lack of water, infrastructure, earthquakes, multiple fires and wildland fires within a community, the limited water demand needs of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland or building to building. In such a disaster, water demands needed for conflagration firefighting probably would not be available.

Finding F
Due to the sloping topography and coastal foothills in the City of Del Mar, the potential exists that new and future development will result in taller buildings on smaller parcels. Defining mid-rise buildings at 4 story building modifies the application of special provisions for these buildings to all occupancies. Because of the need to mitigate the potential danger of mid-rise this change is necessary.

In addition, the limitations of available firefighting equipment, limited availability of human resources in local fire departments, and the necessity to climb vertically up flights of stairs, greatly impacting the response time to reach an incident scene, it is necessary to define the height of mid-rise buildings. The reduced height and built-in protection will mitigate extended fire department response time and keep incidents manageable.

Finding G
Based upon the circumstances previously described, the protection of persons and property requires the City to adopt standards that are more stringent than those set forth in: (1) the State Building Standards Code Sections, 202, 308, 321, 503, 507, 902, 903, 905, 5608, 5704, 5705, 5706, 6104, B, I and Section 3 of the International Fire Code.

SECTION TWO:

In accordance with California Health and Safety Code section 17958.7, the matrix attached to the City of Del Mar Staff Report as Attachment D lists the findings made by the City Council herein regarding the climatic, geological and topographical circumstances unique to the Del Mar community along with the corresponding expressed amendments to the California Fire Code 2022 edition. Said matrix is available as a public record and shall be filed with the California Building Standards Commission. 6 October 3, 2022 Item 10
Ordinance No. ____

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SECTION THREE:

That Section 10.04.010 of the Municipal Code is amended to read as follows:

That a certain document, three copies of which are on file in the office of the City of Del Mar Fire Department being marked and designated as the 2021 International Fire Code and 2022 California Fire Code, including Appendix B and I, as published by the International Code Council, is hereby adopted as the fire code of the City of Del Mar, State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, or construction, erection, alteration, repair, moving, removal, conversion, demolition, equipment use, and maintenance of buildings and structures, including that providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City of Del Mar Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and revisions, if any, prescribed in this Chapter.

SECTION FOUR:

That Section 10.04.030 of the Municipal Code is amended to read as follows:

Chapter 2 - Definitions
Section 202 - General Definitions. This section is added or revised to read:

Fire Hazard - is any condition or conduct which: (a) increases or may increase the threat of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or (b) may obstruct, delay, hinder or interfere with the operations of the Fire Department or egress of occupants in the event of fire.

Fireworks - is any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall not be permitted at all times. "Fireworks" shall include snap caps and poppers, regardless of the amount of explosive content included in each device.
7 October 3, 2022 Item 10
Ordinance No. ____

Page 6 of 14 ends

Hazardous Fire Area - Any geographic area mapped by the State or designated by the local jurisdiction as a moderate, high or very high fire hazard area, or which the FAHJ has determined is a hazardous fire area based on the type and condition of vegetation, topography, weather, or structure density which may increase the possibility of the area being susceptible to wildfire.

Level - An area above or below grade including but not limited to; basements, garages, cellars, mezzanines, or similar uses.

Mid-Rise Commercial Building - a building four stories or more in height, but not exceeding 75 feet and not defined as a high-rise building by section 202 of the California Building Code. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied, to the lowest level of fire apparatus access road level. Nothing in section 324 shall imply or allow a building height in excess of current City of Del Mar Planning and Zoning requirements.

Wherever the terms "This Code" and “2021 International Fire Code” are used, they shall mean the 2022 California Fire Code as modified by the City of Del Mar with the additions, deletions and revisions set forth in the amendments.

SECTION FIVE:

That Section 10.04.040 is amended to read as follows:

Chapter 57 - Flammable and Combustible Liquids
Section 5704.2.9.6.1 - Locations where Above-ground Tanks are Prohibited. This section is revised to read:

In the City of Del Mar, (geographic limits in which the storage of class I and Class II liquids in above-ground tanks outside of buildings is prohibited): the limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the 2022 California Fire Code and the 2021 International Fire Code in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Del Mar.

EXCEPTIONS:

1. 2000 gallons maximum temporary (six months maximum) aboveground tanks meeting UL 2085 for private use on farms, agricultural and rural property, remote construction sites, earth moving projects, gravel pits or borrow pits. Such tanks shall be specially designed, approved and listed, and have features incorporated into their design which mitigates concerns for exposure to heat (two-hour fire resistance), ignition sources and mechanical damage. A Fire Department permit will be required.
8 October 3, 2022 Item 10
Ordinance No. ____

Page 7 of 14 ends

2. Crankcase drainings may be stored in specially constructed aboveground storage tanks, approved by the Fire Code Official, with a maximum capacity of 550 gallons. Such tanks may be located within a building when the Fire Code Official deems appropriate, and the container meets the following: specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage.

3. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. All installations require a Fire Department permit.

4. With the approval of the Fire Code Official, Class I and II liquids may be stored in aboveground tanks inside or outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Class I liquids will be limited to 550 gallons and Class II liquids will be limited to 1,100 gallons. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment.

The Fire Code Official may disapprove the installation of such containers when in his opinion their use presents a risk to life or property.

5. With the approval of the Fire Code Official, temporary storage of a maximum 10,000 gallons of Class II liquids may be permitted for a period not to exceed ninety (90) days at remote construction sites, earth moving projects, gravel pits or borrow pits, consistent with 5704 and 5706.

Section 5706.2.4.4 - Locations where Aboveground Tanks are prohibited. This section is revised to read:

The geographic limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited in residential areas within the City of Del Mar.

Section 5706.4 - Bulk Plants or Terminals. This section is revised to read:

The geographic limits in which bulk plants and terminals of flammable and combustible liquids are received are prohibited for the protection of heavily populated and congested areas and is hereby established as jurisdiction limits of the City of Del Mar.

Chapter 61 - Liquefied Petroleum Gases
Section 6104.2 - Maximum Capacity within Established Limits. This section is revised to read:
9 October 3, 2022 Item 10
Ordinance No. ____

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The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Del Mar. The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.

SECTION SIX:

That Section 10.04.060 is amended to read as follows:

Chapter 3 - General Requirements Section 324 – Mid-Rise Buildings Section 324.1 – General. This section is added to read:

All newly constructed mid-rise buildings or any mid-rise building which undergoes a complete structural or non-structural renovation that requires the vacancy of the entire building to complete the renovation, shall comply with sections 324.1-324.3.

Exceptions:

1. Buildings used exclusively as an open parking garage.

2. Buildings where all floors above the fourth-floor level are used exclusively as an open parking garage.

3. Buildings such as a power plant, lookout tower, steeple, grain house, or other similar structures with intermittent human occupancy.

Section 324.2 – Fire Equipment Control Room
A fire equipment control room for fire department operations shall be provided. The location and accessibility of the room shall be approved by the fire department and be separated from the remainder of the building by not less than a 1-hour barrier. The room shall contain the following at a minimum:

1. Voice alarm and public address panels.

2. Fire alarm control panel.

3. Status indicators and controls for air-handling systems.

4. Fire pump status indicators (if required).

5. Set of complete building plans.

Section 324.3 – Road Dimensions
Fire apparatus access roads serving buildings or portions of buildings or facilities that exceed 30 feet in height above the lowest level of fire department vehicle access shall have an unobstructed width of not less than 26 feet.
10 October 3, 2022 Item 10
Ordinance No. ____

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SECTION SEVEN:

That Section 10.04.070 is amended to read as follows:

Chapter 5 - Fire Service Features
Section 503 - Fire Apparatus Access Roads
Section 503.2.1 - Dimensions
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet, except for single-family residential driveways; serving no more than two, single-family dwellings, shall have a minimum of 16 feet of unobstructed improved width.

EXCEPTION:

Fire access roadways, gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane.

Section 503.2.3 - Surface. This section is revised to read:

New or improved fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 lbs. and shall be provided with an approved driving surface to provide all-weather driving capabilities.

Section 503.2.7 - Grade. This section is revised to read:

New or improved grades exceeding 15% on fire apparatus access roads shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel.

Maximum grade shall not exceed 20%.

Section 503.2.8 - Angles of Approach and Departure. This section is revised to read:

The angle of approach and departure of a fire access roadway shall not exceed 12% or as approved by the Fire Code Official.

Section 503.3 - Marking. This section is revised to read:

When required by the Fire Code Official, approved signs or other approved notices or markings shall be provided for all public and private fire apparatus access roads to identify such roads or prohibit obstruction thereof. Signs or notices or markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. All new public roads, all private roads within major subdivisions and all private roads serving four or more parcels shall be named. Road name signs shall comply with City of Del Mar standards. 11 October 3, 2022 Item 10
Ordinance No. ____

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Section 503.6 - Security Gates. This section is revised to read:

Section 503.6 - Security Gates: No person shall install a security gate or security device across a fire access roadway without the Fire Code Official's approval.

1. An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions and opening the gate.

2. A gate accessing more than four residences or residential lots, or a gate accessing any hazardous institutional, educational or assembly occupancy group structure, shall also be equipped with an approved emergency traffic control-activating strobe light sensor or other device approved by the Fire Code Official, which will activate the gate on the approach of the emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure.

3. An automatic gate shall meet Fire Department policies deemed necessary by the Fire Code Official for rapid, reliable access.

4. An automatic gate serving more than one dwelling or residential lot in existence at the time of adoption of this Chapter is required to install an approved emergency key-operated switch or other mechanism approved by the Fire Code Official, at an approved location, which overrides all command functions and opens the gate. A property owner shall comply with this requirement within 90 days of receiving written notice to comply.

5. Where this section requires an approved key-operated switch, it may be dualkeyed or equipped with dual switches provided to facilitate access by law enforcement personnel.

6. Electric gate openers, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

SECTION EIGHT:

That Section 10.04.080 Fire Protection Water Supplies and Fire Service Features.

Chapter 507 Fire Protection Water Supplies
Section 507.2.2 Water Tanks. This section is revised to read:

Water storage tanks, when permitted by the Fire Code Official, shall comply with Table No. 507.2.2A.
12 October 3, 2022 Item 10
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WATER STORAGE TANKS
Table No. 507.2.2A
TABLE NO. 507.2.2A
Building Square Feet
Gallons Per Minute
Water Flow
Capacity
Gallons
Duration
Minutes
Up to 1,500
Over 1,500
250
250
5,000
10,000
20 40
When exposure distance is one hundred feet (100') or less from adjacent property or where additional hazards or higher fire flow exists, the required water storage may be modified by the fire code official.

1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the fire department. Tank size may be increased to serve multiple structures on a single parcel.

2. Supply outlet shall be at least 4 inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall provide an approved means of controlling water flow.

3. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.

4. All exposed tanks and exposed supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.

Section 507.5.1 Where Required
This section is revised to read:

The location, type and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public or private street, or on the site of the premises to be protected or both. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of section 503.

Section 507.5.1.01 Requirements for single-family dwellings This section is revised to read:
13 October 3, 2022 Item 10
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In zones other than industrial, commercial and multi-family, fire hydrants shall be installed in accordance with Table No. 507.5.1.01A.

Table No. 507.5.1.01A
TABLE 507.5.1.01A
Parcels ½ acre and larger: Every 500 feet
Parcels less than ½ acre: Every 350 feet
Section 507.5.1.02 Requirements for multi-family, commercial and industrial zones
This section is revised to read:

In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, or as approved by the fire code official, and every 300 feet of fire access roadways, regardless of parcel size.

SECTION NINE:

That Section 10.04.110 is amended to read as follows:

Section 112.4 - Violation Penalties. This section is revised to read:

A. Any person, corporation, association or entity that violates the provisions of Sections 105, 106, 107, 109, 110, or 111 or 113 of the 2022 California Fire Code is guilty of a misdemeanor. Any person, corporation, association or entity that violates any other provisions of this chapter is guilty of a misdemeanor or infraction as determined under Chapter 1.08 Del Mar Municipal Code. The penalty for violations shall be determined under Chapter 1.08 of the Del Mar Municipal Code. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation. Each violation of this chapter, in addition to the offenses under this section, shall constitute a public nuisance.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

SECTION TEN:

The City Council finds that approval of this ordinance is not subject to the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines Section 14 October 3, 2022 Item 10
Ordinance No. ____

Page 13 of 14 ends

15061(b)(3) in that the adoption of the International and State fire codes will not have a significant effect on the environment.

SECTION ELEVEN:

This Ordinance was introduced on October 3, 2022.

SECTION TWELVE:

The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.

SECTION THIRTEEN:

This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published pursuant to the provisions of state law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 17th day of October 2022.
________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
15 October 3, 2022 Item 10
Ordinance No. ____

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ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No.____, which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 17th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
16 October 3, 2022 Item 10

DEL MAR MUNICIPAL CODE CHAPTER 10.04 – FIRE PREVENTION
SUMMARY OF CHANGES FROM 2019 TO 2022
Section 10.04.010 - Adoption of California Fire Code
 Section revised to adopt the International Fire Code (2021 edition) and 2022 California Fire Code, which include appendices B and I (as published by the International Code Council). Per State law, the National Fire Protection Association (NFPA) standards are adopted by reference in California Fire Code.

Section 10.04.020 Establishment and duties of the Fire Prevention Bureau  No change
Section 10.04.030 - Section 202 - Definitions.
 Section revised definitions of Fire Hazard, Hazardous Fire Area, Level, and Mid-Rise Commercial Building to clarify and align with Encinitas and Solana Beach definitions.  Section revised to update the new code reference year of 2022 Section 10.04.040 - Chapter 57 Flammable and Combustible Liquid; Chapter 61 LPG  Section revised to update the new code reference year of 2022. Removed Section 5705.2.4 to read as written in fire code. Revised the use of “Chief” to fire code official and added maximum 2,000-gallon LPG tank.

Section 10.04.050 Explosives and Fireworks
 No change
Section 10.04.060 – Mid-Rise Buildings
Section 324 Mid-Rise Buildings
 Revised section number and code reference year
Section 10.04.070 - Fire Apparatus Access Roads
 Section revised to remove redundant language, syntax, and the use of Chief to fire code official.
 Section revised to remove 30-foot setback from road edge for installation of gates.

Added language that electric gates openers shall meet minimum requirements set forth by recognized testing agencies.

Section 10.04.080 – Fire Protection Water Supplies and Fire Service Features. 17 October 3, 2022 Item 10
Section 507.2.2 – 507.5.1.02 - Water Storage Tanks and Hydrant Requirements  Added table No. 507.5.1.01A
Section 10.04.090 – Automatic Sprinkler System Requirements  No change

10.04.100 – Appeals
 No change

10.04.110 – Penalties
 Revised section number and new code year.

10.04.120 - Administration
 No change

10.04.130 – Section 308.1.6.3 – Sky Lanterns
 No change
18 October 3, 2022 Item 10
TITLE 10 - FIRE PREVENTION
Chapter 10.04 20192022 FIRE CODE

10.04.010 - Adoption of California Fire Code.

That a certain document, three copies of which are on file in the office of the City of Del Mar Fire Department being marked and designated as the 20182021 International Fire Code and 20192022 California Fire Code, including Appendix B and I, as published by the International Code Council, is hereby adopted as the fire code of the City of Del Mar, State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, or construction, erection, alteration, repair, moving, removal, conversion, demolition, equipment use, and maintenance of buildings and structures, including that providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the City of Del Mar Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and revisions, if any, prescribed in this Chapter. (Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.020 - Establishment and duties of the Fire Prevention Bureau.

A. The California Fire Code as adopted and amended herein shall be enforced by the Fire Prevention Bureau in the Fire Department in the City of Del Mar which is hereby established and shall be operated under the supervision of the Chief of the Fire Department.

B. The Fire Marshal in charge of the Fire Prevention Bureau shall be appointed by the Chief of the Fire Department on the basis of examination to determine his or her qualifications.

C. The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.030 - Definitions.

Chapter 2 Definitions
Section 202 General Definitions. This section is added or revised to read:

Fire Hazard - is any condition or conduct which:thing that (a) increases or may increase the threatcould create a hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or (b) may any other act which couldobstruct, delay, hinder or interfere with the operations of the Fire Department or egress of occupants in the event of fire.

Fireworks - is any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, roman candles, Daygo bombs, sparklers, snap caps, poppers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of 19 October 3, 2022 Item 10
explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall not be permitted at all times. "Fireworks" shall include snap caps and poppers, regardless of the amount of explosive content included in each device.

Hazardous Fire Area - Ais any geographic area mapped by the State or designated by the local jurisdiction as a moderate, high or very high fire hazard area, or as set forth bywhich the FAHJ has determined is a hazardous fire area based on; that contains the type and condition of vegetation, topography, weather, orand structure density to potentiallywhich may increase the possibility of the area being susceptible to wildfirevegetation conflagration fires shall be considered a hazardous fire area.

Level – An area above or below grade including but not limited to: basements, garages, cellars, mezzanines, or similar structures or uses. Separate contiguous levels of a building will be considered separate stories.

Mid-Rise Commercial Building - a building four stories or more in height, but not exceeding 75 feet and not defined as a high-rise building by section 202 of the California Building Codeand is three (3) levels or more in height, including basement levels. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied, to the lowest level of fire apparatus access road level. Nothing in section 3241 shall imply or allow a building height in excess of current City of Del Mar Planning and Zoning requirements.

Whenever the terms "This Code" and “202118 International Fire Code” are used, they shall mean the 202219 California Fire Code as modified by the City of Del Mar with the additions, deletions and revisions set forth in the amendments.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.040 - Chapter 57 Flammable and Combustible Liquids; Chapter 61 Liquefied Petroleum Gases.

Chapter 57 Flammable and Combustible Liquids
Section 5704.2.9.6.1 Locations where Above-ground Tanks are Prohibited. This section is revised to read:

In the City of Del Mar, (geographic limits in which the storage of class I and Class II liquids in aboveground tanks outside of buildings is prohibited): the limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the 20192022 California Fire Code and the 20182021 International Fire Code in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited are hereby established as the jurisdictional limits of the City of Del Mar.

EXCEPTIONS:

2. Crankcase drainings may be stored in specially constructed aboveground storage tanks, approved by the ChiefFire Code Official, with a maximum capacity of 550 gallons. Such tanks may be located within a building when the ChiefFire Code Official deems appropriate, and the container meets the following: specially designed, approved and listed containers which have 20 October 3, 2022 Item 10
features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage.

4. With the Fire Chief'sapproval of the Fire Code Official, Class I and II liquids may be stored in aboveground tanks inside or outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Class I liquids will be limited to 550 gallons and Class II liquids will be limited to 1,100 gallons. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The ChiefFire Code Official may disapprove the installation of such containers when in his opinion their use presents a risk to life or property.

5. With the Fire Chief'sapproval of the Fire Code Official, temporary storage of a maximum 10,000 gallons of Class II liquids may be permitted for a period not to exceed ninety (90) days at remote construction sites, earth moving projects, gravel pits or borrow pits, consistent with 5704 and 5706.

Section 5705.2.4 Class I, II and III Liquids. This section is revised to delete Exception 4.

Section 5706.2.4.4 Locations where Aboveground Tanks are prohibited. This section is revised to read:

The geographic limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited in residential areas within the City of Del Mar.

Section 5706.4 Bulk Plants or Terminals. This section is revised to read:

Chapter 61 Liquefied Petroleum Gases
Section 6104.2 Maximum Capacity within Established Limits. This section is revised to read:

10.04.050 - Explosives and Fireworks.

Chapter 56 Explosives and Fireworks
Section 5608.2 Fireworks. This section is added to read:

Fireworks shall not be sold, manufactured, disposed or discharged within the jurisdictional boundaries of the City of Del Mar, except when a permit is issued for public display, theatrical purposes and/or group entertainment by the Fire Department to a California State Fire Marshal licensed pyro-technician and the minimum requirements of Title-19, California Code of Regulations, Chapter-6, fireworks are met. The San Diego County Regulatory Ordinance, Title-3, Division-2, Chapter 1, section 32.101 through 32.108 may be used as a guide when enforcing these requirements.
21 October 3, 2022 Item 10
Section 5608.3 Fire Works Penalty. This section is added to read:

Fireworks Penalty - Any person violating any provision or failing to comply with this Chapter or the requirements of Title-19 California Code of Regulations, Chapter 6, and/or San Diego County Regulatory Ordinance, Title-3, Division-2, Chapter 1, section 32.101 through 32.108, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed One Thousand dollars ($1000) or by imprisonment in the County jail for a period of not more than one year or by both such fine and imprisonment.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.060 - Mid-Rise Buildings.

Chapter 3 General Requirements
Section 3241 Mid-Rise Buildings
Section 3241.1 General. This section is added to read:

1. Buildings used exclusively as an open parking garage.

2. Buildings where all floors above the fourth-floor level are used exclusively as an open parking garage.

3. Buildings such as a power plant, lookout tower, steeple, grain house, or other similar structures with intermittent human occupancy.

Section 3241.2 Fire Equipment Control Room
A fire equipment control room for fire department operations shall be provided. The location and accessibility of the room shall be approved by the fire department and be separated from the remainder of the building by not less than a 1-hour barrier. The room shall contain the following at a minimum:
1) Voice alarm and public address panels.
2) Fire alarm control panel.
3) Status indicators and controls for air-handling systems. 4) Fire pump status indicators (if required).
5) Set of complete building plans.

Section 3241.3 Road Dimensions
Fire apparatus access roads serving buildings or portions of buildings or facilities that exceed 30 feet in height above the lowest level of fire department vehicle access shall have an unobstructed width of not less than 26 feet.

10.04.070 - Section 503 Fire Apparatus Access Roads.

Chapter 5 Fire Service Features
22 October 3, 2022 Item 10
Section 503 Fire Apparatus Access Roads
Section 503.2.1 Dimensions
Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet, except for single-family residential driveways; serving no more than two, single-family dwellings, shall have a minimum of 16 feet of unobstructed improved width.

EXCEPTION:

Fire access roadways, gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane.

Section 503.2.3 Surface. This section is revised to read:

Section 503.2.7 Grade. This section is revised to read:

New or improved grades exceeding 15.0% (incline or decline) on fire apparatus access roads shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete (PCC), with a deep broom finish perpendicular to the entire direction of travel, or equivalent, to enhance traction the entire length of the grade. Maximum grade shall not exceed 20%.

Section 503.2.8 Angles of Approach and Departure. This section is revised to read:

The angle of approach and angle of departure of a fire access roadway shall not exceed seven degrees (12% percent) or as approved by the ChiefFire Code Official. Section 503.3 Marking. This section is revised to read:

Section 503.6 Security Gates. This section is revised to read:

Section 503.6 Security Gates: No person shall install a security gate or security device across a fire access roadway without the Fire Code Official's approval.

1. All gates providing access from a road to a driveway shall be located a minimum of 30 feet from the nearest edge of the roadway and shall be at least two feet wider than the width of the traffic lane(s) serving the gate.

1. An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions and opening the gate.

3. An automatic gate shall meet Fire Department policies deemed necessary by the Fire Code Official for rapid, reliable access.

5. Where this section requires an approved key-operated switch, it may be dual-keyed or equipped with dual switches provided to facilitate access by law enforcement personnel.

6. Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.080 - Fire Protection Water Supplies and Fire Service Features.

Chapter 507 Fire Protection Water Supplies
Section 507.2.2 Water Tanks. This section is revised to read:

Section 507.2.2A - Water Tanks - Table 507.2.2 A - Water storage tanks, when permitted by the Fire Code Official, shallmay be required when adequate water supply is not available from nearby water mains. When tanks are installed, they shall be approved by the Fire Chief and comply with Table No. 507.2.2A and recommended NFPA standards.

WATER STORAGE TANKS
Table No. 507.2.2A
TABLE NO 507.2.2A
Building Square
Feet
Gallons Per
Minute Water
Flow
Capacity
Gallons
Duration
Minutes
Up to 1,500 250 5,000 20
Over 1,500 250 10,000 40
When exposure distance is one hundred feet (100') or less from adjacent property, or where additional hazards or higher fire flow exists, the required water storage may be modified by the Fire Code Official.

1. Tank elevation shall be equal to or higher than the Fire Department connection on the premises.

Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the 24 October 3, 2022 Item 10
tank contains the designated amount of water for fire flow duration as determined by the Fire Department. Tank size may be increased to serve multiple structures on a single parcel.

2. Supply outlet shall be at least 4 inches in diameter from the base of the tank to the point of outlet at the Fire Department connection. The Fire Department connection shall provide an approved means of controlling water flow.

3. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.

4. All exposed tanks and supply pipes shall be of an alloy or other material listed for aboveground use. Adequate support shall be provided.

Section 507.5.1 Where Required. This section is revised to read:

Section 507.5.1.01 Requirements for single family dwellings. This section is revised to read:

In zones other than industrial, commercial and multi-family, fire hydrants shall be installed within 300 feet of a structure on parcels one acre or larger in size and within 500 feet of a structure on parcels less than one-half acre in sizein accordance with Table No. 507.5.1.01A.

In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, and every 300 feet of fire access roadways, regardless of parcel size.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.090 - Section 903 Automatic Sprinkler System Requirements; Section 905 Standpipe Systems.

Chapter 9 Fire Protection Systems
Section 903.2 Where Required. This section is revised to read:
25 October 3, 2022 Item 10
Approved automatic sprinkler system in new building and structures shall be provided in the locations described in sections 903.2.1 through 903.2.12, and may be required in additions and remodels of existing structures as described in section 903.2.01.

Life Safety Sprinkler System shall meet National Fire Protection Association Standards 13-D and 13- R latest addition, and City of Del Mar installation policies, as appropriate.

Section 903.2.01 Additions, Remodels, and Reconstruction An automatic sprinkler system installed in accordance with 903.3 may be required to be installed throughout structures when the addition is more than 50% of the existing building or where the scope of work includes significant modifications to the interior or roof of the building.

Exceptions:
1) If the cost of the installation exceeds 15 percent of the valuation of the project.

Formal bids shall be provided to the fire prevention bureau to be reviewed for acceptance.
2) If the addition to the existing building is strictly for the creation of a new Accessory Dwelling Unit; no additions or remodels to the existing building is permitted.

Section 903.2.02 New Commercial and Group U
An automatic sprinkler system installed in accordance with section 903.3 shall be required in buildings and structures where the required fire flow exceeds 1500 gallons per minute as calculated by section 507.3, or when the square footage of a new commercial building exceeds 5,000 square feet.
903.2.03 Exception
Agricultural buildings constructed of wood or metal frame, over which fabric or similar material is stretched, which are specifically used as green houses are exempt from the automatic sprinkler requirements unless physically connected to other structures.

Section 905 Standpipe Systems
Section 905.3 Required Installations. This section is revised to read:

A Class I standpipe with 2.5-inch hose valves shall be provided for all commercial buildings three levels or more in height, regardless of occupancy use. Hose valves shall be located in each stair enclosure and on each floor level, including the roof. For single story buildings or parking structures with large floor areas, Class I standpipes may be required. (Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.100 - Appeals.

Section 108 Board of Appeals. This section is revised to read:

Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Del Mar City Council in writing within 10 days from the date of the decision appealed, in accordance with Chapter 1.12 of the Del Mar Municipal Code. 26 October 3, 2022 Item 10
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.110 - Penalties.

Section 112.409 Violation Penalties. This section is revised to read:

A. Any person, corporation, association or entity that violates the provisions of Sections 105, 106, 107, 109, 110, or 111 or 113 of the 202219 California Fire Code is guilty of a misdemeanor. Any person, corporation, association or entity that violates any other provisions of this chapter is guilty of a misdemeanor or infraction as determined under Chapter 1.08 Del Mar Municipal Code. The penalty for violations shall be determined under Chapter 1.08 of the Del Mar Municipal Code. Each day or portion thereof that a violation of this chapter exists shall constitute a separate violation. Each violation of this chapter, in addition to the offenses under this section, shall constitute a public nuisance.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.04.120 - Administration.

Chapter 1 - Administration
Section 101.5 City of Del Mar Validity. This section is revised to read:

The City Council of the City of Del Mar hereby declares that should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of Del Mar that it would have passed all other portions of this ordinance independently of the elimination here from of any such portion as may be declared invalid.

Section 102.13 Repeal of Conflicting Ordinances, Resolutions or motions. This section is revised to read:

Section 102.13 REPEAL OF CONFLICTING ORDINANCES, RESOLUTIONS OR MOTIONS.

All former ordinances, resolutions or motions, or parts thereof, which conflict or are inconsistent with the provisions of this Ordinance or of the Code or standards hereby adopted, are hereby repealed. (Ord. No. 921 , § 3(Exh. A), 11-21-2016)

10.040.130 - General Requirements.

Chapter 3 General Requirements
Section 308.1.6.3. Sky Lanterns. This section is revised to read:

Sky lanterns, floating luminary, and similar devices propelled by open flame are prohibited for sale or use.
(Ord. No. 921 , § 3(Exh. A), 11-21-2016)
27 October 3, 2022 Item 10
1 MATRIX OF FINDINGS TO SUPPORT THE CITY OF DEL MAR’S
AMENDMENTS TO THE 2022 CALIFORNIA FIRE CODE OF THE CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9
As required by Health and Safety Code section 17958 the City of Del Mar does herewith make express findings that amendments to the California Building Standards Code are necessary for the protection of the public health, safety and welfare due certain climatic, topographic or geological features existing in the City of Del Mar.

The following matrix lists the City of Del Mar amendments and the corresponding express findings. Minor editorial changes or typographical corrections to the Fire Code are not shown in these findings. The full texts of the proposed City of Del Mar amendments are shown in City of Del Mar Fire Code.

Chapters or Sections

FINDING

NUMBER(S)
Chapter 2 Definitions All
Chapter 3 General Precautions Against fire
Section 308.1.6.3 Sky lanterns B,E & F
Section 324 44 Mid-Rise Buildings A,D,E & F
Section 324.1 General A,D,E & F
Section 324.2 Fire Equipment Control Room A,D,E & F
Section 324.3 Road Dimensions A,D,E & F
Chapter 5 Fire Service Features A,B,C & D
Section 503.2.1 Dimensions B,C & D
Section 503.2.3 Surface B,C,& D
Section 503.2.7 Grade B, C
Section 503.2.8 Angles of Approach and Departure A, B,C & D Section 503.3 Marking A, B,C & D
Section 503.6. Security Gates B, C
Section 507.2.2 Water Storage Tanks All
Section 507.5.1.01 Requirements for Single Family
Dwellings
All
Section 507.5.1.02 Requirements for Multi-Family,
Commercial and Industrial Zones
All
Chapter 9 Fire Protection Systems B,C,D & E
Section 902.1 Definitions B,C, & E
Section 903.2 Where Required All
Section 903.2.01 Additions, Remodels and
Reconstruction
Section 903.2.02 New Commercial and Group U
Section 903.2.03 Exception -Agricultural building
Section 905.3 Standpipe Systems – Required
Installations
All
All
All
All
All
28 October 3, 2022 Item 10
2 Chapters or Sections FINDING

NUMBERS
Chapter 56 Explosives and Fireworks
Section 5608.2 Fireworks: Use, Display, Disposal,
Seizure
All
Chapter 57 Flammable Combustible Liquids All
Section 5704.2.9.6.1 Aboveground Tanks Prohibited All
Section 5705.2.4 Class I, II and III Liquids All
Section 5706.2.4.4 Aboveground Tanks All
Section 5706.4 Bulk Storage Plants All
Chapter 61 Liquified Petroleum Gases All
Section 6104.2 Bulk storage of Liquefied Petroleum
Gases
All
Chapter 1 Administration All
Section 101.5 Validity All
Section 102.13 Repeal Conflicting Ordinance All
Section 108 Board of Appeals
Section 109 Violation Penalties
Appendix “B” Fire-Flow for Buildings (No Amendments
to Appendix)
All
Appendix “I” Fire Protection Systems-Non Compliant
Conditions (No Amendments to Appendix)
All
29 October 3, 2022 Item 10
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Mayor and City Council Members
FROM: Michael Stein, Fire Chief
Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Purchase of a Fire Engine for the Del Mar Fire Department REQUESTED ACTION/RECOMMENDATION:

Staff recommends the City Council: 1) Adopt a Resolution (Attachment A) approving the sole source purchase of a fire engine; 2) Authorize the City Manager to execute the necessary paperwork to facilitate the purchase; and 3) Amend the Fiscal Year 2022-23 Operating and Capital Budget.

DISCUSSION/ANALYSIS:

The fire engine is the workhorse of the fire service. It is the primary response vehicle for all fire and medical aid incidents within the City of Del Mar.

The Del Mar Fire Department currently operates two fire engines (one frontline engine and one reserve engine). Engine 238 (frontline) was built in 2011. Reserve Engine 238 (reserve) was built in 1998. There is no exact science on when it becomes necessary to replace a fire engine.

Industry norms have typically deployed a fire engine in frontline status for 10-15 years and then place it in reserve status for an additional 5 years.

A reserve engine is used when the frontline engine undergoes routine maintenance, emergency repairs, or is deployed outside the city during major incidents such as wildfires. The National Fire Protection Administration (NFPA) guidelines have changed over the years, but currently state that apparatus (i.e., engines) greater than 15 years old that have been properly maintained and that are still in serviceable condition be placed in reserve status. NFPA goes on to say that in “order to maximize firefighter capabilities and minimize risk of injuries, it is important that fire apparatus be equipped with the latest safety features and operating capabilities. In the last 10 to 15 years, much progress has been made in upgrading the functional capabilities and improving the safety features of fire apparatus.”
Taking industry norms and NFPA guidelines into consideration, an appropriate assessment would be to analyze the service and economic life of the two engines. The Del Mar Fire Department analyzed each engine in terms of performance and reliability. Staff specifically looked at the age, miles, maintenance/repair costs, condition, reliability, and down time for each engine. Taking these factors into consideration, Reserve Engine 238 is at the end of its useful life and has been out of service since January 2022. The pump failed and is inoperable. Since it is a 1998 apparatus, parts are hard to find. A quote to replace the pump from Southern California Fleet Services, Inc., the department’s vehicle maintenance vendor, came in at 1 October 3, 2022 Item 11
City Council Agenda Report
Purchase of Fire Engine for the Del Mar Fire Department October 3, 2022

Page 2 of 3 ends

$57,750, if parts are even available. The mechanic also stated that the cost to make the pump operational again may be significantly more once they remove the pump and look at potential other issues associated with the repair. In addition, there are approximately seven other minor to major repairs recommended by the mechanic to make the reserve engine operational again.

Additionally, Frontline Engine 238 is 11 years old. Over the last two years, we have spent $91,000 on repairs for this engine. Currently, if this engine needs repairs/maintenance, the City needs to borrow a reserve engine from the City of Solana Beach or Encinitas. This becomes problematic as we cannot guarantee that a reserve engine will be available if needed. Placing Engine 238 into reserve status will decrease the wear and tear on the engine and prolong its lifespan.

Due to extraordinary long build times, an engine ordered today would take 810-840 days to deliver. This means the Del Mar Fire Department would not receive the new engine until approximately January 2025 and would make the current frontline engine 14 years old.

The Del Mar Fire Department understands that the purchase of a new engine is a significant cost/investment for the City. However, staff believes that this is an appropriate time to make the purchase. The reasons to purchase the fire engine now are to:
• Transition to clean-cab technology to reduce carcinogen exposure to our employees; • Provide more robust/current technology and safety features for our firefighters; • Reduce breakdowns which interrupt delivery of emergency services; • Reduce repair costs of older apparatus;
• Increase fuel efficiency; and
• Reduce emissions.

The Del Mar Fire Department solicited bids from four (4) fire engine vendors. The specifications requested was an updated version of Frontline Engine 238, which is a Pierce Arrow XT. Prepayment option pricing for all vendors varied from $840,000 to $900,000. Utilizing the prepayment option, the cost for the Pierce Arrow XT Fire Engine from South Coast Fire Equipment goes down from approximately $904,000 to $871,000, saving the City nearly $33,000 dollars.

Consistent with the manufacturer of the current frontline engine, the Fire Department is recommending the purchase of a Pierce Arrow XT Fire Engine. Maintaining consistent specifications in frontline engines and working with the same vendor provides several economical and operational benefits, allowing for some newer equipment and components of the existing engine that are in good working order to be placed on the new engine. Utilizing consistent specifications for the frontline engines also provides familiarity to the firefighters in terms of the engine/pump components, cabinet space, gauges, minor maintenance/repair, and driving/handling etc.

Coronavirus State and Local Fiscal Relief Fund (SLFRF)
In March 2021, President Biden signed the $1.9 trillion American Rescue Plan Act (ARPA). The legislation included $350 billion in emergency funding for state, local, territorial, and tribal governments, and is available as Coronavirus State and Local Fiscal Recovery Funds (SLFRF).

The City of Del Mar will receive $1,033,196 of SLFRF funds, which must be allocated by December 31, 2024, and expensed by December 31, 2026.
2 October 3, 2022 Item 11
City Council Agenda Report
Purchase of Fire Engine for the Del Mar Fire Department October 3, 2022

Page 3 of 3 ends

As mentioned in the FY 2022-23 Budget Update Report, the federal government has provided guidance on the use of SLFRF. SLFRF includes provisions for police, fire, and other public safety services, including the purchase of fire engines and police vehicles. Prior to the pandemic, the City was planning to transfer additional funds to its Equipment Replacement Fund knowing that the City primary fire engine would need to be replaced within the next few years. However, the City experienced significant revenue loss during the pandemic that necessitated the deferral of all transfers to reserves, including the Equipment Replacement Fund. As the City has partially recovered from the economic downturn caused by the pandemic, transfers to its reserve funds have been reinstated. As of June 30, 2022, the reserve balance in the Equipment Replacement Fund is $900,000.

Although there are sufficient funds in the Equipment Replacement Fund to purchase the fire engine, utilization of these funds would impede the future purchase of other critically required items, such as vehicle replacements and a new financial software program. As such, staff is recommending that Council authorize the use of $871,000 from the SLFRF program to purchase the new fire engine. This is one of the identified allowable uses of the funds with the purpose of providing local governments across the Country with the resources to maintain vital public services in a climate of declining revenues resulting from the pandemic.

Staff will return to the City Council at a future meeting with a recommendation for how to use the remaining SLFRF funds totaling $162,196.

FISCAL IMPACT:

Approval of this report will require a budget adjustment to the Fiscal Year 2022-23 Operating and Capital Budget as listed below and will not have an impact to the General Fund Contingency.

Title Account Amount
Coronavirus Relief Funds (Revenue) 01.4600.4633 $871,000 Equipment Replacement Fund (Exp) 01.5890.5997 $871,000
Total Impact $0
ENVIRONMENTAL IMPACT:

The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.

NEXUS TO COUNCIL GOALS AND PRIORITIES:

This is an operational item and is not related to City Council Goals and Priorities.

ATTACHMENTS:

Attachment A – Resolution No. 2022-XX
Attachment B – South Coast Fire Equipment, Inc. Proposal including 100% Pre-Payment Option 3 October 3, 2022 Item 11
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DEL MAR, CALIFORNIA, APPROVING THE SOLE SOURCE
PURCHASE OF ONE PIERCE ARROW XT PIERCE’S

ULTIMATE CONFIGURATION (PUC) PUMPER FROM SOUTH
COAST FIRE EQUIPMENT, INC., FOR A TOTAL NOT-TOEXCEED AMOUNT OF $871,000 WHEREAS, the Del Mar Fire Department’s foremost goal is the preservation of life and property; and
WHEREAS, the aging Fire Department Pumper Apparatus (Fire Engine) has reached the end of its useful life for the City; and
WHEREAS, the City has solicited bids for the purchase and installation of a new Fire Engine; and
WHEREAS, four bids were received, and the Fire Department staff has recommended awarding the bid to South Coast Fire Equipment, Inc. in the amount of $871,000; and
WHEREAS, the American Rescue Plan Act (ARPA), allocated to the City of Del Mar $1,033,196 of Coronavirus State and Local Fiscal Relief Funds (SLFRF) to provide resources to maintain vital public service, even amid declines in revenue resulting from the pandemic; and
WHEREAS, the City Council authorizes the use of $871,000 of SLFRF funds to purchase the new Fire Engine.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Del Mar, California, does hereby:

1. Authorize the sole source purchase of a Pierce Arrow XT Pierce’s Ultimate Configuration (PUC) Pumper in the total amount of $871,000, in conformity with the proposal submitted by South Coast Fire Equipment, via the immediate issuance of a City of Del Mar Purchase Order; and

2. Authorize staff to pre-pay for the purchase of the unit within 15 days of the issuance of the Purchase Order; and

3. Authorize the use of Coronavirus State and Local Fiscal Relief Funds (Revenue) for the sole source purchase.
4 October 3, 2022 Item 11
Resolution No. 2022-XX

Page 2 of 3 ends

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular Meeting held this 3rd day of October 2022.

Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:

Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
5 October 3, 2022 Item 11
Extension
( 1 )
$ 828,977.15
Sales Tax @ 8.750% $ 72,535.50
$ 901,512.65
Performance Bond $ 2,030.99
California Tire Fee $ 10.50
Consortium Fee Not Applicable $ -
$ 903,554.14
810-840
South Coast Fire Equipment, Inc.

Tim Olley
Sales Representative

APPARATUS COST WITH TAX
$ 10.50
calender days after receipt of this order and the acceptance thereof at our office $ 901,512.65
$ 903,554.14
$ -
reserved to withdraw this proposition.
obtain chassis, materials, or other causes beyond our control not preventing, within about to the price set forth above. Unless accepted within 30 days from the specified date, the right is in Ontario, California, and to be delivered to you at Del Mar, CA in or additions to said DOT or NFPA standards will be passed along to the customer as an addition guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by by the company of the order to purchase, and provided such alterations do not materially affect and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) The specifications herein contained shall form a part of the final contract and are subject to $ 828,977.15
Pierce Arrow XT Pierce's Ultimate
Configuration (PUC) Pumper per the
enclosed proposal for delvery sum of
the cost of the construction of the apparatus.

PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION:
the specifications hereto attached, delays due to strikes, war or international conflict, failures to Respectfully Submitted,
Payment options are available and are included under separate cover. One of these options customer specifications. Any increased costs incurred by the first party because of future changes changes desired by the purchaser, provided such alterations are interlined prior to the acceptance may save your department a significant amount of money! The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules $ 72,535.50
$ 2,030.99
Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with

TOTAL PURCHASE PRICE

PROPOSAL FOR FURNISHING FIRE APPARATUS
for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Ontario, California, Each
September 8, 2022

DEL MAR FIRE DEPARTMENT
The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices:

Del Mar CA. 92014
2200 Jimmy Durante Blvd.

One
6 October 3, 2022 Item 11
Extension
One ( 1 )
$ 828,977.15
100% Prepayment Discount $ (30,042.00)
APPARATUS COST $ 798,935.15
Sales Tax @ 8.750% $ 69,906.83
Performance Bond $ 2,030.99
California Tire Fee $ 10.50
Consortium Fee Not Applicable $ -
$ 870,883.47
Less 100% pre-payment at Contract Signing $ 870,883.47
BALANCE DUE AT DELIVERY $0.00
require no money down and no payments for one (1) year if desired.

Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges.

Any item added after this option is elected will come at additional cost and will be added to the final invoice.
$ 10.50
TOTAL PREPAY PURCHASE PRICE $ 870,883.47
$0.00
$ 870,883.47
$ -
100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS:
a)
b)
*
If your department makes a 100% cash pre-payment at contract signing.

If your department signs up for a lease-purchase with Pierce Financial Solutions. This would *
$ 69,906.83
$ 2,030.99
If a 100% pre-payment were made at contract signing, the following discount would be applied to the final invoice:

Each
Pierce Arrow XT Pierce's Ultimate
Configuration (PUC) Pumper per the
enclosed proposal for delvery sum of $ 828,977.15

DEL MAR FIRE DEPARTMENT
100% Pre-Payment Option
September 8, 2022
$ (30,042.00)
$ 798,935.15
7 October 3, 2022 Item 11
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:

TO: Honorable Deputy Mayor and City Councilmembers
FROM: Sarah Krietor, Administrative Services Manager/City Clerk Via Ashley Jones, City Manager
DATE: October 3, 2022
SUBJECT: Appointment of a Del Mar Council Alternate to the Metropolitan (METRO) Wastewater Commission Joint Powers Authority (JPA)
REQUESTED ACTION/RECOMMENDATION:

Staff recommends that the City Council appoint an alternate Council representative to the METRO JPA Commission.

BACKGROUND:

The City of Del Mar joined the METRO Wastewater JPA (METRO JPA) in 2000. Under the JPA, participating agencies receive sewer treatment services by sharing in the use of the City of San Diego’s regional wastewater facilities (Metropolitan Sewerage System). Elected officials from each METRO JPA member agency serve on the METRO Commission which gives member agencies a voice in the operations of the METRO JPA and sewer system. The METRO JPA also has a Technical Advisory Committee (TAC) made up of member agencies’ professional staff. TAC advises the METRO Commission on sewer management and other matters of importance to the Commission.

Currently, the METRO Wastewater JPA member agencies include the cities of Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, National City and Poway; the Lemon Grove Sanitation District; the Padre Dam Municipal and Otay Water Districts; and the County of San Diego (on behalf of the Winter Gardens Sewer Maintenance District, and the Alpine, Lakeside and Spring Valley Sanitation Districts).

Starting in March 2018, the City of Del Mar began sending all its wastewater to San Elijo JPA for treatment which continues to be the City’s operational practice. While staff have initiated negotiations to amend the City’s agreement with the METRO JPA to reflect operational changes in the City’s handling of its waste water, the City is currently an active member of the METRO JPA and its Commission.

DISCUSSION/ANALYSIS:

Currently, Councilmember Dan Quirk is the primary representative to the METRO JPA Commission for Del Mar and Public Works Director Joe Bride is the alternate. Public Works Director Joe Bride also serves as a primary member on the TAC, which is advisory to the 1 October 3, 2022 Item 12
City Council Agenda Report
METRO Wastewater Commission Appointments
October 3, 2022

Page 2 of 2 ends

METRO Commission and makes recommendations for the METRO Commission’s consideration.

It has recently been determined by the METRO JPA that it is problematic for someone to serve on both TAC and as a primary or alternate member of the METRO Commission. As such, the METRO JPA has requested that the City Council appoint a Council member to serve as the alternate representative to the METRO Commission instead of the Public Works Director.

Consistent with the recent request from the METRO JPA, staff recommends that the City Council appoint an alternate Council representative. The Del Mar City Council 2022 Regional & Local Appointments are attached to this agenda report as Attachment A. The METRO Commission meets on the first Thursday of every month at 12:00p.m. Due to the COVID-19 pandemic, the METRO Commission is currently meeting via Zoom.

NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:

This is an operational item and not specifically related to the identified Council goals and priorities for FY 2022-23.

ATTACHMENTS:

Attachment A – Del Mar City Council 2022 Regional & Local Appointments 2 October 3, 2022 Item 12

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022 1
CITIZEN ADVISORY COMMITTEES (Citizen Advisory Committee meeting dates and times are available on the City’s Public Meeting Calendar at https://www.delmar.ca.us/calendar.aspx?CID=14) Committee Council Liaisons
Arts Advisory Committee
Meets Quarterly Dwight Worden Dave Druker
Finance Committee
Meets Quarterly Terry Gaasterland Dan Quirk
Measure Q Citizen Oversight Committee
Twice per year or as-needed Dave Druker Dan Quirk
Parks & Recreation Committee
Meets Quarterly Dave Druker Dwight Worden
Lagoon Committee
Meets Quarterly Dwight Worden Dan Quirk
Shores Advisory Committee
On Hold Terry Gaasterland Tracy Martinez
Sustainability Advisory Committee
Meets Quarterly Dwight Worden Dave Druker
Traffic and Parking Advisory Committee (TPAC)
Meets Quarterly Tracy Martinez Dwight Worden
Undergrounding Project Advisory Committee
On Hold Terry Gaasterland Dan Quirk
3 October 3, 2022 Item 12

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022 2
COUNCIL SUBCOMMITTEES (The following Council subcommittees meet to discuss specific topics or special projects and/or meet intermittently to interact with staff, as needed) Subcommittee Council Liaisons
Housing Subcommittee Terry Gaasterland Tracy Martinez
Human Resources Subcommittee Dave Druker Dwight Worden
Safe Rail Crossing and Bluff Stabilization
Subcommittee *Same liaisons as SANDAG Board
Dave Druker Terry Gaasterland
Long-Term Rail Relocation Subcommittee*
*Same liaisons as SANDAG Board Dave Druker Terry Gaasterland Planning Process Subcommittee Dave Druker Terry Gaasterland Watermark Project Subcommittee (On Hold)
Sea-Level Rise Adaptation Plan Implementation
Subcommittee Terry Gaasterland Tracy Martinez
Clean Water Rate Project Dave Druker Dan Quirk
Ad-Hoc Referendum Subcommittee Terry Gaasterland Dave Druker Legislative Subcommittee*
* Members serve 2-year terms Terry Gaasterland Dave Druker Ad-Hoc Committee Efficiencies Task Force Dwight Worden Tracy Martinez Solid Waste Procurement Services Ad-Hoc
Subcommittee Dwight Worden Dan Quirk
4 October 3, 2022 Item 12

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022 3

COMMUNITY ORGANIZATIONS
Organization Council Liaisons
Del Mar Community Connections Tracy Martinez Dan Quirk
Del Mar Village Association Dave Druker Dan Quirk
Del Mar Non-Profits Quarterly Meetings Mayor Deputy Mayor

REGIONAL ORGANIZATIONS
Organization Primary Alternate
22nd District Agricultural Association – Community
Relations Committee
3 rd Tuesday/month at 10:30 a.m.

Terry Gaasterland
Tracy Martinez
There are two primary
liaisons and no
alternate
Clean Energy Alliance Joint Powers Agreement (JPA)
Quarterly or as-needed Dave Druker Dwight Worden
CSA-17 Ambulance District Adv. Board
Meets quarterly at 4:00 p.m. – As-needed
1 st Tuesday (Feb/May/Aug/Nov). This board oversees
ambulance services in Del Mar, Encinitas, Solana
Beach, and Rancho Santa Fe.

Tracy Martinez Dave Druker
Fire Governance Board (Solana Beach, Del Mar,
Encinitas) Dave Druker Tracy Martinez
LAFCO Cities Advisory Committee
Meets intermittently City Manager Assistant City Manager League of California Cities – San Diego Chapter
Meets the 2nd Monday of the month Mayor Deputy Mayor
METRO Commission/ METRO Wastewater JPA*
1 st Thursday/month at Noon Dan Quirk Public Works Director North County Transit District*
Regularly meets 3rd Thursdays Dan Quirk Terry Gaasterland (1st)Dave Druker (2nd) Regional Solid Waste Association (RSWA)*
Quarterly or as-needed Dwight Worden Dan Quirk
5 October 3, 2022 Item 12

DEL MAR CITY COUNCIL
2022 REGIONAL & LOCAL APPOINTMENTS
Established by the City Council on January 10, 2022 4
Organization Primary Alternate
San Diego County Water Authority*
Meets Monthly – 4
th Thursday
Appointed 3/5/2018
Mel Katz City Manager
San Dieguito River Valley Regional Open Space Park
(JPA) – Exec. Committee
Meets monthly on the 3rd Friday -
11:00 a.m. usually at County Admin. Bldg.
(Usually only meets 6-8 times/year)
Dwight Worden Dan Quirk
SANDAG Board of Directors*
Meets 2nd & 4th Fridays or as scheduled
Terry Gaasterland Dave Druker (1st)
Dan Quirk (2nd)
SANDAG Committees- Appointments by North County Coastal Region SANDAG Borders Committee*
Meets 4th Friday-12:30 p.m. to 2:30 p.m. Dave Druker No Del Mar Rep.

SANDAG Energy Working Group
Meets 4th Thurs, 11:30 to 1 p.m.

No Del Mar Rep. No Del Mar Rep.

SANDAG Executive Committee*
Meets 2nd Friday-8 a.m. to 9 a.m.

No Del Mar Rep. No Del Mar Rep.

SANDAG Public Safety Committee*
Meets 3rd Friday-1:00 p.m.-3:00 p.m.

No Del Mar Rep. No Del Mar Rep.

SANDAG Regional Planning Committee*
Meets first Friday- 12:30 p.m.-2:30 p.m.

Terry Gaasterland No Del Mar Rep.

SANDAG Transportation Committee*
Meets 1st & 3rd Fridays – 9 to Noon
No Del Mar Rep. No Del Mar Rep.

SANDAG Shoreline Preservation Working Group
Meets quarterly, 1
st Thurs - 11:30 a.m.

Dwight Worden Terry Gaasterland
*Receives stipend.
6 October 3, 2022 Item 12

Del Mar City CouncilOctober 3, 2022

Del Mar City Council
October 3, 2022