Agenda, third session — Portola Valley City Council, September 13, 2023

1 Woodside Fire Protection District Fire Prevention Bureau 808 Portola Road Portola Valley, Ca. 94028
(650) 851-1594
www.woodsidefire.org
Don Bullard – Fire Marshal
To: Portola Valley Town Council
From: Fire Marshal Don Bullard
Date: September 7, 2023
Re: August 25, 2023, Correspondence from the Wildfire Preparedness Committee Concerning Fire Code Ordinance 13-2023
It has been brought to my attention that the Portola Valley Wildfire Preparedness Committee (“WPC”) submitted correspondence to the Portola Valley Planning and Building Director, dated August 25, 2023, by which the WPC is not recommending ratification of the Woodside Fire Protection District Ordinance 13-2023 in its current form.

The District appreciates the WPC’s input. Unfortunately, the WPC did not provide the District with a copy of this August 25, 2023 correspondence to the Town. The District only became aware of this correspondence on September 6, 2023.

The District offers the following information for the Town Council’s consideration:

1. Ordinance 13-2023 establishes standards relating to fire and panic safety based on expert analysis and review by the District’s Fire Marshal and Fire District staff with knowledge developed through years of training and experience, as well as consultation with neighboring jurisdictions. The standards in Ordinance 13-2023 are generally consistent with standards established in neighboring jurisdictions.

2. The process for the adoption and consideration of Ordinance 13-2023 has been open and transparent, with several meetings with representatives from the Town of Portola Valley, the Town of Woodside, the County of San Mateo, as well as public meetings before the District’s Board of Directors. Extensive comments were received, and certain modifications were made to the Ordinance in response to those comments. The District disagrees with the WPC’s concerns about transparency.

3. The WPC submitted comments to the District concerning Ordinance 13-2023. The District provided extensive responses to those comments and agreed to make certain revisions to the ordinance, based on those comments. A copy of the District’s responses to the WPC’s comments are attached. 2 4. The WPC’s August 25, 2023, comments to the Town Council are based on a version of Ordinance 13- 2023 that was not the final version adopted by the District. For example, based on the WPC’s input, the District agreed to remove the following paragraph from Ordinance 13-2023.

A year-long study of response times for fire apparatus indicates significant increases in response to emergencies during the commute hours of 6:00 am to 10:00 am and again from 3:00 pm to 7:00 pm. In conjunction with the increased response time, fire losses also showed the same pattern of higher losses for fires starting during commute hours.

The final version of Ordinance 13-2023, signed by the Board President, confirms that this paragraph was removed. Attached is a copy of that final Ordinance. The WPC, referring to an unsigned version of Ordinance 13-2023, erroneously represents to the Town Council that it remains in the final version of the Ordinance. If the WPC had conferred with the District before submitting its comments, perhaps this error could have been avoided.

1. The WPC requested that the Town pay special attention to the following provisions in Ordinance 13- 2023:
102.1.1 Applicability to Alterations, Additions and Repairs of Existing Buildings or Structures 105.6.25 Local Construction permits
105.8 Fire Protection Plan
SECTION 107 FEES
As such, the District responds to those areas:
a. Section 102.1.1
This section establishes a standard for when alterations to existing buildings are considered “new construction,” and, as such, would be subject to the requirements in Ordinance 13-2023. In general, alterations to existing buildings for which building permits have been issued within any 12- month period that collectively exceed more than 50% of the existing gross floor area and/or wall area are considered “new construction,” under the District’s standard. This is a common “50% standard.” The District modified this section consistent with the requests from the Town.

This section also provides that, if a local government within the District’s jurisdiction establishes a standard for when such alterations are considered “new construction,” the District will accept computations under such a standard, so long as the local government’s standard is more stringent than the District’s standard.

If a local government defined “new construction” as alterations exceeding 40% of the existing gross floor area and/or wall area, that would be a more stringent standard which the District would follow. However, if a local government defined “new construction” as alterations exceeding 60% of the existing gross floor area and/or wall area, that would be a more lenient standard, which would not be followed by the District under Ordinance 13-2023. 3 The District may adopt local building standards that are more stringent than state law. The District cannot relax any such standards. To the extent that members of the public have concerns on the interpretation of these standards, the District will provide clarity in its Standards and Guidelines Manual, as stated in Section 101.6 of Ordinance 13-2023. b. Section 105.6.25
The WPC erroneously states that Fire Protection Plans and Landscape Plans are required for all new construction. That is not correct. Fire Protection Plans and Landscape Plans are required for new construction in accordance with Chapter 49 of the Fire Code, which establishes requirements for Wildland-Urban Interface Areas. Those are state law requirements. A Fire Protection Plan may also be required for new construction to implement the International Wildland Urban-Interface Code.
c. Section 105.8
This section is consistent with existing provisions in the State Fire Code concerning Fire Protection Plans. Specifically, Section 4903.1 of the State Fire Code provides:

The fire code official is authorized to require the owner or owner’s authorized agent to provide a fire protection plan. The fire protection plan shall be prepared to determine the acceptability of fire protection and life safety measures designed to mitigate wildfire hazards presented for the property under consideration.

The fire protection plan shall be prepared by a registered design professional, qualified landscape architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.

The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan.
d. Section 107
It is the District’s intention to allow, when appropriate, exemptions for fees to public entities within the District. The District understands that the Mid-Peninsula Open Space District is not a private, non-profit entity. It is a special district formed under Public Resources Code sections 5900 et seq.

Therefore, the District views the Mid-Peninsula Open Space District as another public entity within the District. Stanford University is not a public entity.

Ordinance 13-2023 establishes local building standards related to fire and safety that are more stringent than state law requirements, based on findings that such standards are reasonably necessary due to local climactic, geological, or topographical conditions. 4 The District requests that the Town Council ratify Ordinance 13-2023.

Thank you for your consideration of this request.

Attachments:

District’s Responses to WPC’s Comments (July 20, 2023)
Final Fire Code Ordinance 13-2023
Respectfully,
Don Bullard
Fire Marshal
Woodside Fire Protection District
1 WOODSIDE FIRE PROTECTION DISTRICT Fire Prevention Bureau Administration
808 Portola Road, Portola Valley, Ca. 94028
(650) 851-1594
www.woodsidefire.org
Don Bullard – Fire Marshal
TO: Town of Portola Valley Wildfire Preparedness Committee From: Fire Marshal Bullard
RE: Portola Valley Wildfire Preparedness Committee sub-committee comments on draft Ordinance 13-2023 published Jun-22-2023.

Date: July 20, 2023
Dear Portola Valley Wildfire Preparedness Committee,
Thank you for your thorough review of Ordinance 13-2023. The district appreciates your participation in this new Code cycle. Below you will find the district’s responses to your comments.

Please feel free to contact me with any questions.

Overall Comments
• The 13-2023 Ordinance (48 pages) differs substantially from Ordinance 12 (11 pages) which it will supersede.

District Response: As stated in Ordinance 13-2023, and as authorized by state law, the ordinance reflects more stringent local building standards relating to fire and safety than those set forth in the California Building Standards Code and finds that such amendments are reasonably necessary because of local climactic, geologic, and topographic conditions.
• In reviewing the redlined draft 13-2023 published on Jun-22-2023, we assumed that:
• red font is modifications to CA Fire Code
• blue font might be modifications to modifications
District Response: As reflected in the May 24, 2023, News post on the district’s website, we have attempted to identify changes from the district’s 2019 Fire Code (Ordinance 12, attached to the April 21st News post), by marking the relevant language in red font. Upon receiving written comments, additional revisions to the previous Draft Ordinance (identified as Draft 9, attached to the April 21st post), are noted on the proposed 2 Ordinance under consideration by marking the relevant language in strike-out and blue font. But there may be instances in which deviations are not so marked.

Section 1- Local climatic, geological, and topographical conditions • Are the Findings of Fact really factual and should they be in this ordinance? • The prior Ordinance No 12 did not have this section
• Who/what is the source?
• Are these Findings of Facts truly representative?
District Response: Health & Safety Code section 13869.7 provides that the district may adopt building standards related to fire and panic safety that are more stringent than those building standards contained in the California Building Standards Code. In accordance with Health & Safety Code sections 17958.7 and 18941.5(b), the more stringent building standards are supported by express findings that the more stringent building standards are reasonably necessary because of local climactic, geological, or topographical conditions.

The Findings of Fact are based on expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions. • It doesn’t feel like any of the issues in this section are addressed by the ordinance.

District Response: As stated in Ordinance No 13-2023, the amendments adopted in the ordinance are reasonably necessary because of local climactic, geologic, and topographic conditions, as stated in the Findings of the Fact.
• Are Findings of Fact more appropriate for a Safety or Housing element, or CWPP? District Response: The District offers no opinion at this time on what findings should be prepared for a Safety or Housing Element or a Community Wildfire Protection Plan. • Examples of Findings we questioned:
• The district, on average, experiences an annual rainfall of 26 inches.  weatherspark.com and weatherus.com cite 31 inches
District Response: The finding, as listed, provides an average rainfall number. A purported difference of 5 inches of average annual rain does not indicate that the findings related to climactic conditions in support of Ordinance 13-2023 are unreasonable or arbitrary.
• The Fire District is in a “Chaparral Biome.”
 Don’t we have at least 5 different biomes? Ask conservation committee District Response: The comment letter does not dispute that the Fire District is in a “Chaparral Biome.” Confirmation that the district is within a Chaparral Biome can be found at the following link:
https://www.californiachaparral.org/chaparral/ . The fact that there may be additional biomes does not indicate that the findings related to climactic conditions in support of Ordinance 13-2023 are unreasonable or arbitrary.
3 • The people who work in these areas have added to the traffic congestion in the district thereby reducing the district’s response time capabilities.
• Source?
District Response: The source of this information is based on the experiences of former and current Fire District staff in providing fire equipment and emergency services responses. In addition, this information is supported by a traffic study performed by the Town of Portola Valley, dated October 2019, which shows increases in traffic during morning and evening commute hours, which will influence emergency response time. Please keep in mind one needs to add up the two directions to get an accurate total for any of the specific areas. The traffic studies can be found at the following links and can also be made available as hard copies.

TOWN LIMIT

ARASTRADERO RD W

TOWN LIMIT

ARASTRADERO RD E

ALPINE RD BT

PORTOLA AND ECHO

ALPINE RD BT

PORTOLA AND ECHO
4330 ALPINE RD
WB.pdf
4330 ALPINE RD
EB.pdf
3338 ALPINE RD
SB.pdf
3338 ALPINE RD
NB.pdf
1225 PORTOLA RD
NB.pdf
985 PORTOLA RD
SB.pdf
985 PORTOLA RD
NB.pdf

PORTOLA RD
WB.pdf

PORTOLA RD
EB.pdf

LOS TRANCOS RD

NEAR TOWN LIMIT S

LOS TRANCOS RD

NEAR TOWN LIMIT N

ALPINE RD E OF

WILLOWBROOK DR

ALPINE RD E OF

WILLOWBROOK DR
• Heavy traffic congestion on city streets already acts as a barrier to the timely response of fire equipment and emergency services.
• Source? “City streets” refers to what locations?
District Response: Please see the above response.
• A year-long study of response times for fire apparatus indicates significant increases in response to emergencies during the commute hours of 6:00 am to 10:00 am and again from 3:00 pm to 7:00 pm. In conjunction with the increased response time, fire losses also showed the same pattern of higher losses for fires starting during commute hours.
• Source?
District Response: The District has been unable to locate the referenced study. The current Fire Marshal did not request that such a study be performed. It may have been performed or requested by former District staff. As such, the district agrees to remove this specific paragraph from the Findings section of the ordinance.

Additionally, records are maintained by San Mateo County Dispatch. They maintain records for all emergency calls and response times and so through reporting can determine peak hours. • Regional traffic has increased causing neighborhoods to be flooded with increased pass-through traffic, reducing alternative emergency response routes. Additionally, Fire Department response times are increased due to gated access roads, a lack of street or address illumination, and existing vegetation barriers. • Source?
District Response: The source of this information is based on the experiences of former and current Fire District staff in providing fire equipment and emergency services responses. 4 • The historical and rural significance of the entire District is an ongoing concern. Buildings, roadways, open space preserves, parks and rural neighborhoods have been preserved to create a feeling of being in the past. • duplicated on pg. 6 and pg. 7
District Response: The District appreciates the note that the same paragraph was duplicated. The district agrees to remove one of the paragraphs as a duplicate.
• “Create a feeling of being in the past’ seems like conjecture and opinion, i.e., whose “concern”? District Response: The findings are based on the expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions. They are not unreasonable or arbitrary. • This is especially true during Diablo wind events when strong northerly winds are aligned with the downslope direction of the canyons and watersheds of the coastal mountains. The topography of the district is, therefore, capable of producing wind conditions that promote extreme wildfire behavior.” • A factual specific source on how often Diablos affect the district.

District Response: The source is the expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions.
• Pg. 6 has a closing double quote without an opening double quote District Response: The District appreciates the note of a typographical error. The district agrees to correct the typographical error.
• In building fires, winds can literally force the fire back into the structure, creating a blow torch effect, in addition to preventing the natural and cross ventilation efforts of firefighters. • Is “Blow torch effect” a fire science term?
District Response: This finding is based on the expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions. This term was used to describe the effect. • Grades on some of the roadways exceed 25% and widths of less than twelve feet would not be uncommon. • An assessment of how many such roads would be helpful District Response: The information provided, based on the expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience, is sufficient to support the findings that the current roadway system contributes to difficulties for fire suppression operations and fire apparatus maneuverability. Such findings are not unreasonable or arbitrary.

Section 2 - Title enforcement and record keeping
• No section of the District Fire Prevention Code shall impose a mandatory duty of enforcement on the Fire District, or on any officer, official, agent, employee, board, or commission thereof. pg. 7 • What does Paragraph A mean, i.e., how does a resident interpret this? 5 District Response: This section maintains the district’s ability to allocate enforcement within its current budget and resources and according to the facts of each situation. Nothing in the Code is intended to require the district to take enforcement actions regardless of the availability of resources to do so.

Section 4 – Adoption by Reference
• Ordinance adopts Appendix P of the CA Fire Code, which was not adopted by the State Fire Marshal. • Appendix P, known as the NIST 2021 preliminary “Community Wildland Urban Interface (WUI) Fire Hazard Evaluation Framework” was not adopted by CA.
• Why is it included here if not adopted by the State?
District Response: As stated in Ordinance 13-2023, and as authorized by state law, the ordinance reflects more stringent local building standards relating to fire and safety than those set forth in the California Building Standards Code and finds that such amendments are reasonably necessary because of local climactic, geologic, and topographic conditions.
• The Framework is a good outline of what communities need to do to improve wildfire resiliency, appropriate to a Safety Element or a CWPP.

District Response: The District appreciates the acknowledgement that the Framework is a good outline of what communities need to do to improve wildfire resiliency. The district offers no opinion at this time concerning a Safety Element or a Community Wildfire Protection Plan.

Section 5 - Authority and duties of the Bureau of Fire Prevention and Life Safety • The Fire Marshal shall produce and transmit to the Board of Directors, Town Councils of Woodside, Portola Valley, and the San Mateo County Board of Supervisors a report of all California State Fire Marshal mandated inspection activity within the Woodside Fire Protection District territory annually, by December 15th. pg. 9 • WFPD should annually report a tally of all home assessments and results to the municipalities. Prior requests for this info have not been provided to the Town. Sharing such data could increase WPC efficacy and indicate the effectiveness of our outreach.

District Response: Pursuant to Health & Safety Code section 13146.2 and Health & Safety Code section 13146.3, the district is required to conduct annual inspections of every school building and hotels, motels, lodging houses, and apartment houses. Health & Safety Code section 13146.4 requires that a report of this inspection activity be submitted to the Board of Directors on an annual basis. State law specifically exempts “dwellings” from this annual inspection and reporting requirement.

Section 6 - local amendments, modifications and deletions to the CA Fire Code • The Bureau of Fire Prevention and Life Safety Standards and Guidelines Manual (“Standards and Guidelines Manual”) shall serve as a supplemental instruction and interpretation manual for the District Fire Prevention Code and is hereby adopted and incorporated by reference as if fully set forth herein. The Fire Marshal is responsible for amending this manual as necessary. pg. 9 • The Standards and Guidelines Manual should be made available online to the public - Menlo Park FD does so
6 District Response: The Standards and Guidelines Manual is available at the following link:

Standards and
Guidelines Manual 2
This manual is currently in the process of being updated and as such it is currently in draft format. Final draft will be available on our website once complete. Existing standards and guidelines are already on our website and available at the following link: https://www.woodsidefire.org/prevention/submittals .

Section 105 - Permits
• 105.5.55 Local Permits includes 13 uses requiring WFPD permits such as Cannabis testing, care facilities > 8 occupants, public live entertainment where alcohol is served, and Christmas tree sales • Why are these uses included? Are all these new permits to WFPD? District Response: As stated in Ordinance 13-2023, and as authorized by state law, the ordinance reflects more stringent local building standards relating to fire and safety than those set forth in the California Building Standards Code and finds that such amendments are reasonably necessary because of local climactic, geologic, and topographic conditions. The uses are included consistent with this legal authority.

These local permits have been added because these operations have an increased risk of fire and life safety hazards and therefore these permits would require a fire inspection to ensure these operations are being conducted in compliance with all laws, codes, and local ordinances. • Specific questions listed below
• An operational permit is required to operate an Emergency Responder Radio System. pg. 12  Does this mean a ham radio and the handheld radios used by WPV-CERT and WPV-Ready? Ham radio operators already have national permits, so why is a WFPD permit also required? District Response: This provision applies to Emergency Responder Communication Coverage as outlined in Section 510, et seq. of the State Fire Code.
• Live entertainment. An operational permit is required to operate a business where alcohol is served, while providing live entertainment to the public.
 Is this typically controlled by a Fire Dept?
District Response: It is the expert opinion of the Fire Marshal and Fire District staff that gatherings of people where alcohol is served while providing live entertainment create fire and safety hazards. It is reasonable and not arbitrary to require an operational permit for such gatherings. This is also consistent with other provisions in the State Fire Code that require an operational permit be obtained for activities such as (1) a special amusement building (California Fire Code section 105.5.3), carnivals and fairs (California Fire Code section 105.5.5), and places of assembly (California Fire Code section 105.5.39). • Indoor growing operations. A permit is required to operate an indoor growing operation. Exception:
agricultural greenhouses in an agricultural zone.
 Is this typically controlled by a Fire Dept?
District Response: It is the expert opinion of the Fire Marshal and Fire District that indoor growing operations create fire and safety hazards. Such activities involve the use of large quantities of flammable materials. It is 7 reasonable and not arbitrary to require an operational permit for such activities as noted. This is also consistent with other provisions in the State Fire Code that require an operational permit for various activities that involve the use of flammable or hazardous materials. (California Fire Code sections 105.5 and following). • 105.6.25 Local Construction Permits
• Fire Protection Plan. A construction permit is required to implement a Fire Protection Plan in accordance with Chapter 49 and the IWUIC
• Who does this apply to? All new buildings or only new developments? District Response: Section 102 et seq. of the State Fire Code, along with the proposed amendments to Sections 102.1 and 102.1.1., identify the activities that are subject to the Fire Code, including Section 105.6.25. • 105.8 Fire Protection Plan. A fire protection plan and/or a vegetation management plan shall be prepared by the applicant when required by the fire code official in accordance with Chapter 49 and the IWUIC. All fire protection plans require approval by the fire code official.
• Do we require the fire protection plan already?
• Who does this apply to? All new buildings or only new developments? • Why does it specify “when required”? When would those plans not be required? District Response: Provisions relating to fire protection plans in Wildland Urban Interface Fire Areas are established in the State Fire Code. Section 4903 and Section 4906 in Chapter 49 of the State Fire Code provide, in detail, information concerning fire protection plans and landscape plans. The State Fire Code and the International Wildland UrbanInterface Code are available at the district’s office for review.

Section 107 Fees
• 107.7 Cost Recovery. The costs of fire suppression, rescue, emergency medical services, and other costs are recoverable. … Additionally, any person whose negligence, intentionally wrongful conduct, or violation of law causes an incident...a traffic accident, spill of toxic, flammable, or combustible fluids or chemicals is liable for the costs of responding to the incident
• Do taxpayers have to pay for WFPD emergency services now? • Is this a subjective decision by the fire district?
District Response: Section 107.7 refers to statutory cost recovery mechanisms identified in Health & Safety Code sections 13009 and 13009.1 and Government Code sections 53150, et seq. The district’s cost recovery under this section shall be governed by state law.

Section 112 Violations
• [A] 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding 6 months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. • Can we get an explanation of how these fines and misdemeanors accrue with subsequent days? 8 District Response: The language “each day that a violation continues after due notice has been served shall be deemed a separate offense,” is taken verbatim from Section 112 in the State Fire Code. The language is self-explanatory.

Section 202 General Definitions
• Fire Code Official. The District's Fire Chief, employees of the District’s Fire Prevention and Fire Suppression Divisions, and such other representatives of the district as may be authorized by the Woodside Fire District Board of Directors or the Fire Chief.
• In Section 5, Fire Code official was defined as only the Fire Chief and Fire Marshal District Response: Section 202 establishes the definition of Fire Code Official. Section 5 is consistent with Section 202.

There is nothing in Section 5 that says that the Fire Code Official is “only” the Fire Chief and Fire Marshal.

Section 503 Fire apparatus access roads
• 503.1.1.1 Fire Lanes Nothing in this code shall prevent a Town or County from designating or maintaining a street as a “Fire Lane” which does not meet the requirements of a fire apparatus access road under Sections 503.1.2 - 503.6. pg. 22
• What is the intent and effect of a municipality’s being able to define a Fire Lane? District Response: This provision is designed to recognize that a Town or County may reserve certain roads for fire and emergency response. Any such officially designated Fire Lanes by the municipality will be subject to the Town or County’s specifications.
• Where is Fire Lane defined in the Fire Code and/or what is its definition in relation to fire safety? District Response: The term “Fire Lane” is defined in the Fire Code in section 202 as follows: A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.
• Same questions for 503.1.5 Existing Fire Trail System District Response: The purpose of Section 503.1.5 is to ensure that, should existing fire trails designed for emergency fire access no longer be maintained or available, alternative access is provided. To be effective, fire equipment needs to be able to get to the fire and prevent its spread to buildings and structures. This section is consistent with the district's legal authority and existing provisions in Section 503 of the State Fire Code. The term “Fire Trail” is defined in Section 202 in the proposed Ordinance.

Section 903 Automatic Sprinkler Systems
• 903.2 An automatic sprinkler system shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area. pg. 27
• So, this means all ADUs > 1,000 sq ft must be sprinklered? District Response: Requirements for fire sprinklers in accessory dwelling units are governed by provisions of state law, including, but not limited to, Government Code section 65852.2. State law will control. • With this ordinance, is this a new requirement across the district? District Response: Local building restrictions in previous Fire Code amendments adopted by the district required fire sprinklers in all new construction. This provision modifies the existing restriction. 9 • 903.6.1 Where required… Any change of use from a non-habitable to a habitable, non-day-lighted basement requires the installation of an automatic fire sprinkler system in the proposed habitable basement portion. • Inconsistent with the subsequent 903.6.1.2 Partial Systems in Existing Buildings and Structures, where automatic fire sprinkler systems that only protect a portion of the building shall not be allowed.

District Response: The general restrictions in Section 903.6.1.2 are to be read in conjunction with the specific provisions in Section 903.6.1.

Chapter 80 Referenced Standards
• Section 7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value…
• Assuming this is for concerns about freezing of the sprinkler system, is this necessary in our area? District Response: This requirement serves to codify existing manufacturer specifications for insulation of CPVC pipe.

Appendix D Fire apparatus access roads
• Section D103.2 Grade. Fire apparatus access roads or driveways shall not exceed 20 percent in grade. • What are the implications of this requirement? How many roads are so affected? District Response: The implications are reflected in Section 101.3 of the State Fire Code, which states, “The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations.” Additionally, section 503.2.7 states the grade of the fire apparatus access road shall be based on the limits of the Fire Department’s apparatus.

Thank you.

Don Bullard
Fire Marshal
Woodside Fire Protection District
[email protected]
(650) 851-6206 - Office
(408) 592-8339 – Mobile
www.woodsidefire.org
1 Woodside Fire Protection District Fire Prevention Bureau 808 Portola Road Portola Valley, Ca. 94028
(650) 851-1594
www.woodsidefire.org
Don Bullard – Fire Marshal
To: Portola Valley Town Council
From: Fire Marshal Bullard
Re: The Fire District recommends that the Portola Valley Town Council ratify Woodside Fire Protection District Fire Code Ordinance 13-2023, in accordance with Health & Safety Code section 13869.7.

Date: September 7, 2023.

Dear Portola Valley Town Council,
The Woodside Fire Protection District recommends that the Portola Valley Town Council ratify Woodside Fire Protection District Fire Code Ordinance 13-2023, in accordance with Health & Safety Code section 13869.7.

Every three years, new editions of the State Building Codes are published. The new codes and local amendments reflect changes in technology, fire safety techniques, and the building industry. These codes become the minimum standards for the State of California on January 1, 2023. The proposed Ordinance also reflects local amendments with more restrictive building standards reasonably necessary because of local climactic, geological, or topographical conditions.

The district thanks everyone who provided their written comments to the proposed Ordinance and the district has attempted to address and respond to them. The proposed Ordinance under consideration reflects the input that has been received.

Please note that the district has previously provided an excel spreadsheet that corresponds with Ordinance 13-2023 and shows what is being adopted and/or amended along with the reasons for each.

The reason for the many changes to the proposed code is to establish building standards that safeguard the public health, safety, and general welfare from the hazards of fire, explosion or dangerous conditions. They also provide safety and assistance to firefighters and emergency responders during emergency operations.

These improvements bring the fire district to the same level of standards that are consistent with other fire jurisdictions throughout San Mateo County. As the district’s Board of Directors determined, they are reasonably necessary due to local climactic, geological, and topographical conditions. 2 The district thanks the Town Council for its consideration of this ordinance.

1. Response to Comment ML1: Health & Safety Code section 13869.7 provides that the district may adopt building standards related to fire and panic safety that are more stringent than those building standards contained in the California Building Standards Code. In accordance with Health & Safety Code sections 17958.7 and 18941.5(b),
the more stringent building standards are supported by express findings that the more stringent building standards are reasonably necessary because of local climactic, geological, or topographical conditions.

So long as the District Board’s Findings of Fact are not unreasonable or arbitrary, they are legally sufficient.

The Findings of Fact in Ordinance 13-2023 are based on expert analysis and review by the District’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions.

2. Response to Comment ML2: The finding, as listed, provides an average rainfall number. A purported difference of 5 inches of average annual rain does not indicate that the findings related to climactic conditions in support of Ordinance 13-2023 are unreasonable or arbitrary.

3. Response to Comment ML3: The WPC’s comment letter to the District Board of Directors did not dispute that the Fire District is in a “Chaparral Biome.” Confirmation that the district is within a Chaparral Biome can be found at the following link:
https://www.californiachaparral.org/chaparral/ The fact that there may be additional biomes does not indicate that the findings related to climactic conditions in support of Ordinance 13-2023 are unreasonable or arbitrary.
2 4. Response to Comment ML4: On this issue, the WPC’s comment letter to the District Board of Directors was composed of one word, “Source?” The District responded as follows: The source of this information is based on the experiences of former and current Fire District staff in providing fire equipment and emergency services responses. In addition, this information is supported by a traffic study performed by the Town of Portola Valley, dated October 2019, which shows increases in traffic during morning and evening commute hours, which will influence emergency response time. Please keep in
mind one needs to add up the two directions to get an accurate total for any of the specific areas. The District provided the WPC with the links to the traffic studies and made them available as hard copies.

The WPC is welcome to create a graph to help them understand that there is an increase in traffic.

5. Response to Comment ML5: The WPC is incorrect. This paragraph was removed from the final, signed ordinance.

6. Response to Comment ML6: The findings are based on the expert analysis and review by the district’s former and current Fire Marshals and other former and current Fire District staff with knowledge developed through years of training and experience and consultation with neighboring jurisdictions.

They are not unreasonable or arbitrary.

7. Response to Comment ML7: This is an accurate statement of Health & Safety Code section 13871(b).

8. Response to Comment ML8; This section does not apply to single family residences. Pursuant to Health & Safety Code section 13146.2 and Health & Safety Code section 13146.3, the district is required to conduct annual inspections of every school building and hotels, motels, lodging houses, and apartment houses. Health & Safety Code section 13146.4 requires that a report of this inspection activity be submitted to the Board of Directors on an annual basis. State law specifically exempts “dwellings” from this annual inspection and reporting requirement.

There are approx. 6,000 parcels and the District is actively completing defensible space inspections triannually. So, homes are in rotation. This is not a required nor mandated inspection. This is a service the fire department provides at no additional cost to protect the community by educating homeowners while conducting inspections.

9. Response to Comment ML9: The District made the Standards and Guidelines available to the WPC and provided a link.

10. Response to Comment ML10R9: Should the Town ratify Ordinance 13-2023; it will ratify the following language:

The Bureau of Fire Prevention and Life Safety Standards and Guidelines Manual (“Standards and Guidelines Manual”) shall serve as a supplemental instruction and interpretation manual for the District Fire Prevention Code and is hereby adopted and incorporated by reference as if fully set forth herein. The Fire Marshal is responsible for amending this manual as necessary to maintain current instructions and interpretations. The information contained within the Standards and Guidelines Manual shall not be construed to make new code requirements not authorized by this Ordinance.

The Standards and Guidelines Manual cannot create new requirements not authorized by Ordinance 13-2023. It it did, the District Board of Directors would have to approve it and the Town would have to ratify it, as required by Health & Safety Code section 13869.7.

In addition, decisions by the Fire Code Official relative to the application and interpretation of the Fire Code are subject to appeal to a Board of Appeals pursuant to Section 111 of the State Fire Code.

11. Response to Comment ML11: The language, “arising after the adoption of this code”, is taken straight from the State Fire Code.

12. Response to Comment ML12: The fire district obtains the legal square footage as recorded by the county tax assessor’s office.
3 13. Response to Comment ML13: This section establishes a standard for when alterations to existing buildings are considered “new construction,” and, as such, would be subject to the requirements in Ordinance 13-2023. In general, alterations to existing buildings for which building permits have been issued within any 12-month period that collectively exceed more than 50% of the existing gross floor area and/or wall area are considered “new construction,” under the District’s standard. This is a common “50% standard.” The District modified this section consistent with the requests from the Town.

However, if a local government defined “new construction” as alterations exceeding 60% of the existing gross floor area and/or wall area, that would be a more lenient standard, which would not be followed by the District under Ordinance 13-2023.

The District may adopt local building standards that are more stringent than state law. The District cannot relax any such standards. To the extent that members of the public have concerns on the interpretation of these standards, the District will provide clarity in its Standards and Guidelines Manual, as stated in Section 101.6 of Ordinance 13-2023.

14. Response to Comment ML14: The Town was provided a copy of the standards and guidelines manual back in July.

15. Response to Comment ML15: As stated in Ordinance 13-2023, and as authorized by state law, the ordinance reflects more stringent local building standards relating to fire and safety than those set forth in the California Building Standards Code and finds that such amendments are reasonably necessary because of local climactic, geologic, and topographic conditions. The uses are included consistent with this legal authority.

16. Response to Comment ML16: The District did respond to this question from the WPC. This provision applies to Emergency Responder Communication Coverage as outlined in Section 510, et seq. of the State Fire Code. As such, it does not apply to ham radios, etc. This is an enhanced system installed in commercial buildings where emergency radio signals are unable to transmit.

17. Response to Comment ML 17: The Town does not issue these permits as these permits are in place for life and safety reasons. It is the expert opinion of the Fire Marshal and Fire District staff that gatherings of people where alcohol is served while providing live entertainment create fire and safety hazards. It is reasonable and not arbitrary to require an operational permit for such gatherings. This is also consistent with other provisions in the State Fire Code that require an operational permit be obtained for activities such as (1) a special amusement building (California Fire Code section 105.5.3), carnivals and fairs (California Fire Code section 105.5.5), and places of assembly (California Fire Code section 105.5.39).

18. Response to Comments ML18 and ML19 and ML20R19: The WPC erroneously states that Fire Protection Plans and Landscape Plans are required for all new construction. That is not correct. Fire Protection Plans and Landscape Plans are required for new construction in accordance with Chapter 49 of the Fire Code, which establishes requirements for Wildland-Urban Interface Areas. Those are state law requirements. A Fire Protection Plan may also be required for new construction to implement the 4 International Wildland Urban-Interface Code. The requirements for Fire Protection Plans and Landscape Plans are established in the State Fire Code.

19. Response to Comment ML21: This section is consistent with existing provisions in the State Fire Code concerning Fire Protection Plans. Specifically, Section 4903.1 of the State Fire Code provides:

The fire code official is authorized to require a preliminary fire protection plan prior to the submission of a final fire protection plan.

20. Response to Comment ML22: This section is consistent with existing provisions in the State Fire Code concerning Landscape Plans. Section 4906.3 of the State Fire Code Provides:

Landscape plans shall be provided when required by the enforcing agency. The landscape plan shall include development and maintenance requirements for the vegetation management zone adjacent to structures and roadways, and to provide significant fire hazard reduction benefits for public and firefighting safety.

21. Response to Comment ML23: The term “vegetation management plan” is a reference to Landscape Plans under Section 4903 of the State Fire Code, entitled “Vegetation Management.”

22. Response to Comment ML24: The District agrees that Section 105.9 concerning food truck permits was removed. The District fails to see how the removal of this provision justifies a request that the Town not ratify the Ordinance.

23. Response to Comment ML25: It is the District’s intention to allow, when appropriate, exemptions for fees to public entities within the District. The District understands that the MidPeninsula Open Space District is not a private, non-profit entity. It is a special district formed under Public Resources Code sections 5900 et seq. Therefore, the District views the MidPeninsula Open Space District as another public entity within the District. Stanford University is not a public entity.

24. Response to Comment ML26: Section 107.7 refers to statutory cost recovery mechanisms identified in Health & Safety Code sections 13009 and 13009.1 and Government Code sections 53150, et seq. These statutes, along with Section 107.7, establish that any person whose negligence, intentionally wrongful conduct, or violation of law causes an incident resulting in an appropriate emergency response, including, but not limited to, a traffic accident, spill of toxic, flammable, or combustible fluids or chemicals is liable for the costs of responding to the incident. This section does not establish a charge against the public generally for emergency services.

25. Response to Comment ML27: Comment ML27 apparently agrees that a violation of the Fire Code is a misdemeanor.

26. Response to Comment MLL28: Section 112.4 states that “Each day that a violation continues after due notice has been served shall be deemed a separate offense.” The District may utilize all available legal means to correct violations of the Fire Code, including issuance of either criminal citations or administrative citations.

27. Response to Comment ML29: The Fire Code Official will use his or her professional expertise in making determinations concerning “Hazardous Vegetation.” This is consistent with various 5 other provisions in the State Fire Code providing for determinations to be made by the Fire Code Official. Decisions by the Fire Code Official relative to the application and interpretation of the Fire Code are subject to appeal to a Board of Appeals pursuant to Section 111 of the State Fire Code.

Determinations by the Fire Code Official will be subject to the standard stated in the definition, “combustible and endangers the public safety by creating a fire hazard.”

28. Response to Comment ML30: Please see the Response to Comment ML29. Ordinance 13- 2023 provides a more precise definition for Section 304.1.2 than the language in the State Fire Code. If Section 304.1.2. is not amended by Ordinance 13-2023, it will follow the State Fire Code’s language as follows:

Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirements in wildland-urban interface areas shall be in accordance with Chapter 49.

29. Response to Comment ML31: The District agrees that the proposed Section 401.10 concerning aerial pre-plans was removed except for hazardous storage. The District fails to understand how this removal justifies a recommendation that the Town does not ratify the Fire Code.

30. Response to Comment ML32: The District has previously provided maps of existing designated and maintained “fire trails,” and has provided PDF documents of them.

31. Response to Comment ML33: The District provided the following response to Stanford University.

This is a one-time inspection of existing bridges to be evaluated by a California licensed civil engineer for safety and weight rating in accordance with the AASHTO Manual for bridges that have not been rated and posted. Once a bridge has been rated and posted according to a civil engineer operating under AASHTO manual standards, there are no further inspections necessary unless the bridge needs to undergo repairs for damage.

They are not regularly inspected unless staff members notate a problem, or someone files a concern about the bridge. Or the bridge is not posted as rated, then it is required to be evaluated.

32. Response to Comment ML34: The proposed amendment requires that address numbers for new construction be either internally or externally illuminated. This has been implemented because neighborhoods are very dark at night. When there’s an emergency, such as a stroke or a heart attack where seconds count, the District’s response is delayed because it is difficult to locate the address in the dark where numbers cannot be readily seen.

33. Response to Comment ML35: This section this does not apply to single family dwellings. This is a hose connection to boost the fire sprinkler pressure in commercial buildings.

34. Response to Comment ML36: As the District previously informed the WPC, Requirements for fire sprinklers in accessory dwelling units are governed by provisions of state law, including, but 6 not limited to, Government Code section 65852.2. State law will control. ADU’s have a separate set of requirements set forth by the state.

35. Response to Comment ML37: There is not necessarily a life safety risk for every agricultural building, since these are usually housed for plant growth. However, if there are operations in these buildings, they are no longer considered just agricultural buildings.

36. Response to Comment ML38: Ordinance 13-2023 is deleting Section 903.3.1.1.2 of the State Fire Code. Section 903.3.1.1.2 of the State Fire Code reads as follows:

In Group R occupancies, sprinklers shall not be required in bathrooms that do not exceed 55 square feet (5 m2) in area and are located within individual dwelling units or sleeping units, if walls and ceilings, including the walls and ceilings behind a shower enclosure or tub, are of noncombustible or limited-combustible materials with a 15- minute thermal barrier rating.

By deleting this language, all bathrooms will require sprinkler coverage regardless of size.

Statistics have shown the increase of many bathroom fires reported throughout the country.

Bathrooms contain lots of combustible materials, such as towels, wood vanities, candles and electrical appliances.

37. Response to Comment ML39: The WPC’s comment is correct and additionally is a common practice throughout San Mateo County. Coming from other jurisdictions, cost has not slowed the development of multiple construction projects.

38. Response to Comment ML40: This does not refer to enclosed eaves. This is intended to address concealed spaces that are usually utilized for storage. Sprinkler heads will protect this area because storage increases the fire load. (Fuel for the fire.)

39. Response to Comment ML41: Swimming pools have many corrosive chemicals that will damage the cpvc piping as well as any bugs or leaves that can get into the pipelines can clog the pipes.

Ponds have too much debris and rocks that will also clog and damage the pipes and would not allow proper water flow to get to the activated head and stop the flow of water.

40. Response to Comment ML42: Yes, this was a great recommendation.

41. Response to Comment ML43: Without this type of fire protection system, it would be impossible to extinguish this type of fire. These types of fires are already one of the most difficult fires to extinguish. The amount of heat and toxic gases produced by this type of fire can lead to large numbers of injury and loss of life.

42. Response to Comment ML44: This amendment refers to the NFPA 13D standard referenced in the 2022 State Fire Code.

43. Response to Comment ML45: This is not a new regulation. It has been in the WFPD Fire Code for many years. Due to the “Findings of Fact”, structures are built on more topographically challenging parcels. The State Fire Code provides that fire apparatus access roads shall not exceed 10% in grade, except as approved by the Fire Code Official. The District has allowed up 7 to 20% grade given that the local topography would make it difficult for applicants to comply with a 10% limitation.

44. Response to Comment ML46: Appendix P is adopted by reference. See Section 4 of the ordinance.

Respectfully,
Don Bullard
Fire Marshal
Woodside Fire Protection District
1 Woodside Fire Protection District
Fire Prevention Bureau
808 Portola Road Portola Valley, Ca. 94028
(650) 851-1594
www.woodsidefire.org
Don Bullard – Fire Marshal
To: Town of Portola Valley Town Council
From: Don Bullard, Fire Marshal Woodside Fire Protection District Re: District responses to the Portola Valley Wildfire Committee Comments on Ordinance 13-2023 Date: September 12, 2023
Dear Portola Valley Town Council,
On September 6th, the Woodside Fire Protection District received a long list of comments and a letter from the WPC recommending that the Town Council not ratify Fire Code Ordinance 13-2023. The District received the letter on September 6th from the Portola Valley Planning Director, Laura Russell. The letter was dated August 25th and was prepared by the Portola Valley Wildfire Preparedness Committee. As such, the Fire District was forced to provide responses within a very small window of time for the Town Council to reference prior to the September 13th Town Council meeting.

The Fire District was prepared to discuss these comments with the WPC immediately, however the WPC Chair advised that because they are a Brown Act Committee, they could not meet with the Fire District outside of a scheduled, open public meeting which is posted by the Town, therefore the District is emailing the Town Council a copy of the responses that were prepared and sent to the WPC for the Council’s reference.

Respectfully,
Don Bullard
Fire Marshal
Woodside Fire Protection District

Portola Valley City CouncilSeptember 13, 2023

Portola Valley City Council
September 13, 2023