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barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. 107.2.6 Restrictions on Loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. 107.3 Examination of documents; plan review. When the building official determines that the necessary submittal documents, construction documents and building design information have been provided, the building official shall examine or cause to be examined construction documents for compliance with this code and other pertinent laws and ordinances. The building official may utilize or authorize the use of consultant services to perform all or a portion of the construction documents review. The applicant shall be responsible for the payment of all costs to conduct the plan review, and for the printing of approved plans. The building official is authorized to withhold the approval of plans and a building permit application if approvals required by other governmental agencies or City departments pertaining to the work which are necessary for the work to be lawfully performed have not first been obtained.
107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp which reads, “APPROVED FOR PERMIT." One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant and shall be available at the site of work at all times and shall be open to inspection and use by the building official or his or her authorized representative. 107.3.2 Previous approvals. The issuance of a permit based on reviewed and approved plans and specifications shall not prevent the building official from thereafter requiring the correction of errors or omissions in said plans and specifications, or from preventing building operations being carried on thereunder when in violation of this code or of any other pertinent laws and ordinances of the City. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which an unexpired permit exists to otherwise meet a new or different technical code other than those technical codes lawfully adopted and in effect at the time of permit issuance. 107.3.3 Phased approval and conditional authorization to proceed. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The permittee for the foundation or other parts of a building or structure shall proceed with the building operation at the permittee's own risk and without assurance that the work will be approved or that a permit for the entire structure will be granted.
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107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents. Any changes or proposed changes in the work made during construction that are not in full conformance and compliance with the approved construction documents or the technical codes, shall require the resubmittal of revised construction documents for approval by the building official, as either an amended or full replacement set for the previously approved construction documents. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for amended construction documents. Any additional proposed work that was not otherwise shown or specified on the approved plans for an active permit or that would otherwise increase the valuation of an active permit shall require a new permit unless determined otherwise by the building official. 107.5 Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal documents, for compatibility with the design of the building.
107.6 Deferred submittals. For the purposes of this section, deferred submittals are defined as required documentation listed as deferred submittals on the approved plans but are not submitted for building department approval until after the permit has been issued. Deferral of any submittal items shall receive prior approval of the building official. The registered design professional in responsible charge or the project designer shall list the deferred submittals on the construction documents for review by the building official.
Deferred submittal documents shall be submitted to the registered design professional in responsible charge, if any, who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. Deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The permittee or their designee shall be responsible for the payment of all costs to perform the plan review for deferred submittal documents.
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107.7 Retention of construction documents. One set of approved construction documents shall be retained by the building official in accordance with the City’s records retention policy, or as otherwise required by state law.
SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service but shall not be permitted for more than 180 days.
The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements as necessary to ensure the health, safety and general welfare of the public and those using the temporary structure and shall comply with the applicable requirements of Chapter 31 of the California Building Code. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in parts of an electric installation before all work has been fully completed. The parts covered by the temporary authorization shall comply with the applicable requirements of the technical codes. 108.4 Termination of approval. The building official is authorized to terminate a permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees. Fees shall be assessed in accordance with the provisions of this section and applicable state law. Permit applicants, permittees and persons in violation of any provision of this code shall pay all fees necessary to cover the full cost of providing the building department service related to the permit, activity or enforcement action in accordance with the schedule of fees adopted by the city council. A permit shall not be valid until applicable fees adopted by resolution or ordinance of the city council or otherwise prescribed by law have been paid nor shall an amendment to a permit be approved until an additional fee to review and approve the amendment, if any, has been paid.
109.2 Schedule of fees. Fees for building department services necessary to bring violations of this code into compliance, verify conformance with the technical codes or to reimburse the jurisdiction for services rendered shall be paid in accordance with the fee schedule established by resolution or ordinance of the city council.
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109.3 Permit inspection fees. The inspection fees for each permit shall be as set forth in the fee schedule adopted by the city council.
When the permit holder’s work is incomplete or changed so as to require more than one additional inspection, an additional inspection fee shall be charged at the hourly rate set forth in the fee schedule. When additional inspection fees are assessed, they shall be paid prior to scheduling any further inspections. 109.4 Plan Review Fees. The plan review fees specified in this section are separate from and in addition to permit inspection fees. The plan review fee to review compliance with the technical codes shall be as set forth in the fee schedule adopted by the city council.
When submitting an application for a building permit, the applicant shall pay a plan review deposit in an amount determined by the building official to defray all or a portion of the cost to review the plans and other construction documentation associated with the permit application. Any portion of the deposit that is unused for plan review purposes shall be applied towards inspection and other fees assessed on the permit. If the plan review deposit exceeds the total cost of the permit, a refund of the unused balance of the deposit shall be issued to the applicant at no additional charge.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal documents, an additional plan review fee shall be charged at the hourly rate set forth in the fee schedule adopted by the city council. 109.5 Other Fees. The city council may adopt other fees for services to be charged in connection with the issuance of a building permit or the delivery of services by the building department. 109.6 Investigation fee; work commencing or continuing without a permit. Any person who commences or continues work requiring a permit on a building, structure, site, electrical system, mechanical system, plumbing system or conveying system without first obtaining or otherwise maintaining required permits and required inspection approvals shall be subject to an investigation fee adopted by the city council. The investigation fee shall be in addition to any other fee charged, and shall be imposed under this section to defray the costs incurred by the City in connection with its duties to monitor, review, investigate, and enforce this code.
109.7 Related fees. The payment of the fee for the construction, alteration, removal or demolition work done in connection with, or concurrently with, work authorized by a building permit shall not relieve the applicant or permittee from the payment of other fees that are prescribed by law or adopted by the City.
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109.8 Refunds. The building official may establish a refund policy and may authorize refunding of a fee paid hereunder which was erroneously paid or collected or for which services were not rendered or were only partially rendered.
109.9 Building permit valuation. The applicant for a permit shall provide an estimated value of the work at time of application. The estimated value of work shall include the total value of all work including materials, equipment, labor, overhead, profit, general conditions and other costs associated with the work for which the permit is being issued. The building official shall establish the permit valuation based on published valuation data as updated from time to time. If, in the opinion of the building official, the published valuation data are not readily available or are over or underestimated based on the actual work of the project, the building official may utilize any other reasonable or appropriate means of determining the building permit valuation, including, but not limited to, using the applicant’s estimated value of work, obtaining detailed and complete cost estimates provided by the applicant, or applying construction cost estimating manuals. Final permit valuation shall be determined and set by the building official.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official or his/her designee and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the City shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The building official or his/her designee, upon reasonable notification, shall make the inspections set forth herein. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the enforcing agency. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, Agenda Item #6.1:
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any required forms and reinforcing steel shall be in place prior to inspection. Materials for the foundation shall be on the job site except where concrete is ready-mixed in accordance with ASTM C 94. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping or other ancillary building trade products or equipment are installed, but before any concrete is placed or floor sheathing is installed, including the subfloor.
110.3.3 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection. 110.3.4 Lowest floor elevation in flood hazard areas. In flood hazard areas as established by the flood damage prevention regulations of the City, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of a flood elevation certificate, prepared and sealed by a registered design professional. 110.3.5 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place; and following the installation and inspection approval of all pipes, chimneys, vents, rough electrical, rough plumbing, rough mechanical and all other work that will be concealed by or within the framing.
110.3.5.1 Moisture content verification. When required by the California Green Building Standards Code, moisture content of framing members shall be verified.
110.3.5.2 Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved. 110.3.6 Masonry inspection. Inspection of masonry construction, including reinforcing steel, shall be made prior to grouting cells.
110.3.7 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.
110.3.8 Fire- and smoke-resistant penetrations and fire-resistance-rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after all lathing and/or wallboard is in place, Agenda Item #6.1:
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but before any plaster is applied, or before wallboard joints and fasteners are taped and finished. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
110.3.9 Energy efficiency. Inspections shall be made to determine compliance with the California Energy Code and shall include, but not be limited to, inspections for: envelope insulation, fenestration, duct systems, electrical lighting and controls, heating, ventilating and air conditioning equipment and controls and waterheating equipment. 110.3.10 Other inspections. In addition to the inspections stated herein, the building official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official or building department.
110.3.10.1 Special inspections. Special inspections shall be performed in accordance with chapter 17 of the California Building Code.
110.3.10.2 CALGreen inspections. Inspections shall be made to determine compliance with the California Green Building Code. Said inspections shall be made by a special inspector, hired by the permit holder, at the sole cost of the permit holder, and approved by the building official. In lieu of special inspections, the building official, or his/her designee, shall have the authority to conduct CALGreen inspections and/or utilize written documentation to verify compliance with the California Green Building Code. 110.3.10.3 Contractor self-certification of work performed. In lieu of performing certain designated inspections and as a method of verifying compliance of a specific requirement of the technical codes, the building official may, at his/her sole discretion, accept a signed self-certification statement from a licensed contractor or other qualified individual certifying that the specific work or requirement has been properly installed or completed in accordance with the requirements of the technical codes. 110.3.11 Final inspection. Final inspection shall be made after the permitted work is complete. The building, or portion thereof where the work occurred, shall not be used or occupied until all work has been approved by the building department and a certificate of occupancy has been issued by the building official. 110.3.12 Waiving of inspections for minor work. The building official may authorize the waiver of inspections for minor work or elements if the building official finds that the nature or scope of the minor work is not likely to be a violation of the technical codes or a risk to life, health, safety, or property. 110.4 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability, as determined by the building official.
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110.5 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. The building official shall cause to have the work inspected in accordance with the inspection request or as soon thereafter as the building official’s schedule may permit, subject to scheduling availability. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work. The building official is authorized to withhold any requested inspection where there is reason to believe that the work has been changed from what is shown on the approved plans and no plan amendment for the changed work has been approved by the building official.
110.6 Approval required. Work shall not be performed beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder of any noted violations found or corrective work required to proceed with or complete the inspected portion of the work.
Any portion of the work that does not comply with this code shall be corrected and such portion shall not be covered, concealed or used until authorized by the building official.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. No new, relocated or altered building or structure, or portion thereof, shall be used or occupied, and no change in the existing use or occupancy classification of a building or structure, or portion thereof, shall be made until the building official has issued a certificate of occupancy therefor as provided herein. The building official is authorized to allow use or occupancy of an altered building or portion thereof, while the building is being altered when the building official finds that the nature of the work does not pose a significant hazard to the occupants or the public. The building official is authorized to withhold the issuance of a certificate of occupancy when the work performed or required to be performed does not receive all required inspection approvals. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City. A certificate of occupancy presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The building official is authorized to withhold a certificate of occupancy or permit to use or occupy a structure if approvals required by other governmental agencies or City departments having jurisdiction pertaining to the work which are necessary for the work to be lawfully completed have not first been obtained.
Exceptions: A Certificate of Occupancy is not required for work exempt from a permit.
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111.2 Change in use. Changes in the use or occupancy of an existing structure, or portion thereof, shall not be made except as specified in the California Existing Building Code and Chapter 11 of the California Fire Code.
111.3 Issuance of a Certificate of Occupancy. After the building official inspects a building or structure and finds that no violations of the provisions of this code or other laws that are enforced by the building department exist, and any other required approvals by City departments and other governmental agencies having jurisdiction have been obtained as required by Section 111.1, the building official shall issue a certificate of occupancy which shall contain the following:
1. The building permit number.
2. The address of the structure.
3. The occupancy or use of the structure
4. The name of the building official or his/her designee approving the certificate.
5. The date the certificate is issued.
5. Any special stipulations or limitations of the use or occupancy.
In lieu of issuance of a separate certificate, the building permit together with the completed and fully signed building permit inspection record may serve as the certificate of occupancy when authorized by the building official.
111.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. A fee for the issuance of a temporary certificate of occupancy, if applicable, shall be paid by the applicant prior to its issuance in accordance with the City’s adopted fee schedule. In addition, as security to guarantee the satisfactory completion of all required work, the building official may require the submittal to the building department of a refundable performance guarantee deposit in an amount equal to 100 percent of the estimated cost needed to complete the work, as determined by the building official. The performance guarantee deposit shall be refunded to the originator of the deposit following satisfactory completion of all required work and issuance of a final certificate of occupancy. 111.5 Revocation. The building official is authorized to suspend or revoke, in writing, a certificate of occupancy or temporary certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error or on the basis of incorrect information or when it is determined by the building official that the building or structure or portion thereof is in violation of the provisions of this code.
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SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections to a utility or source of energy for fuel, water, electricity or sewer from any building or system that is regulated by this code for which a permit is required, until approved by the building official.
112.2 Temporary connection. The building official shall have the authority to authorize and approve a temporary connection of the building or system to the utility, the source of energy, fuel, water, sewer or power provided that the building official finds that the temporary connection is safe for the purpose intended. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without first obtaining building department approval. The building official shall notify the serving utility and whenever possible the owner, the owner’s authorized agent, and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
SECTION 113
MEANS OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall serve as the “local appeals board” and the “housing appeals board” pursuant to Sections 17920.5 and 17920.6 of the California Health and Safety Code. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. 113.2 Limitations on authority. Any person, firm, corporation, or entity adversely affected by an order, decision or determination made by the building official related to the application or interpretation of this code may make application for appeal. In addition, any member of the city council may call up for review by the board of appeals any order, decision, or determination made by the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of Agenda Item #6.1:
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construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code.
113.3 Decisions subject to appeal. Final orders, decisions or determinations made by the building official relative to the application and interpretation of this code are subject to appeal to the board of appeals. 113.4 Effect of failure to appeal. Failure to file an application for appeal in conformance with the requirements of Sections 113.5 and 113.6 shall constitute a waiver of the right to an administrative hearing on the matter.
113.5 Deadline for filing of appeal. All such appeals shall be initiated by filing with the city clerk (with a copy to the building official) a written application for appeal on a form provided by the city clerk within 15 calendar days of the date the building official’s decision, notice or order (oral or written) that is properly served, together with any applicable fees pursuant to the fee schedule adopted by the city council. 113.6 Contents of application for appeal. The application for appeal shall state the nature and date of the decision being appealed, the name and address of the appellant and his/her interest in the matter, the property address which is the subject of the appeal, the specific action requested by the appellant to be taken by the appeal body, the signature(s) of the appellant(s), and, unless the appeal is by a member of the city council, the reasons (in conformance with Section 113.2, above) which, in the opinion of the appellant, render the decision unjustified or incorrect.
113.7 Staying of decision or order under appeal. The filing of the application for appeal shall have the effect of staying any decision or order of the building official pertaining to said appeal or the issuance or granting of any permit, certificate or other approval which is related to the appeal unless, at the sole discretion of the building official, such decision, order or action is necessary to protect the life, health, safety, property or well-being of the public or occupants of the building. When the building official makes said determination, the building official shall notify the appellant, in writing, that the decision, order or action under appeal shall continue to be in effect until otherwise overturned by the board of appeals. 113.8 Hearing. Upon receipt of a timely filed application for appeal in proper form and payment of the required fee, the city clerk shall set a hearing date before the board of appeals no later than 60 days after the filing of the application for appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
113.9 Hearing request by building official. The building official may, at any time, request a hearing be held by the board of appeals to review and affirm any final decision of the building official.
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113.10 Notice of hearing. Not less than 10 days prior to the hearing, the building official shall serve or cause to be served either personally or by first class mail, postage prepaid, a copy of the notice of hearing upon the appellant.
113.11 Action of board of appeals. Upon the conclusion of the appeal hearing, the appeal board shall render its decision, which shall be final and may not be appealed to the city council. Notice of the final decision of the board shall be mailed to the appellant by first class mail, postage prepaid. 113.12 Administration of decision. The building official shall take action in accordance with the decision of the board.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code or any other provision of Chapter 14.10 of the Sonoma Municipal Code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation and order to abate on the affected property owner and if known, person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, maintenance, use or occupancy of a building or structure in violation of the provisions of this code, or in violation of an order or corrective work required by the building official, a correction notice or an approved plan, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The order shall also state that failure to comply with the notice or order and cure the violation within the time period allowed in the notice of violation and order to abate may result in the building official recording the notice of violation and order to abate against the subject property. The order shall advise the affected property owner and if known, the person responsible for the violation, of their appeal rights pursuant to Section 113.3 herein.
114.3 Service of notice or order. The notice of violation and order to abate shall be deemed properly served if a copy thereof is (a) personally delivered to the record owner of the property involved, or (b) sent by certified mail to the record owner of the property at the address listed on the last equalized county tax assessment roll with the return receipt requested. If the notice of violation and order to abate sent by certified mail is returned showing that it was not delivered, a copy of the notice of violation and order to abate shall be posted in a conspicuous place in or about the structure affected by such notice and a copy thereof mailed, by Agenda Item #6.1:
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first class mail, to the record owner at the address listed on the last equalized county tax assessment roll. In addition to the methods of service set forth herein, the building official is authorized to post one or more copies of a placard stating any restrictions pertaining to the use or occupancy of the structure and copy of the notice of violation and order to abate in a conspicuous place in or about the structure affected by such notice. 114.4 Recording of notice or order. If the notice of violation and order to abate is not complied with in the time prescribed by such notice, the building official is authorized to record with the County Recorder’s Office, after the expiration of said time period, said notice of violation and order to abate against the property with respect to which the violation exists. Said notice must specify the nature of the violation, the provisions of this code being violated, when the building official first learned of the existence of the violations, how much time the violator had to cure the violation, and the assessor’s parcel number and street address, if any, of the subject property.
Following the recordation of the notice of violation, the building official is not required to make any inspection or review of the premises to determine the continued existence of the cited violations. It is the responsibility of the record owner, occupant or other party in interest to comply with the above provisions and to notify the building official when the violation has been corrected. 114.5 Rescission of recorded notice or order. Any person who desires to have recorded a notice rescinding the notice of violation must first obtain the necessary approvals and permit(s) to correct the violation. Once the building official determines that the work covered by such permit(s) has been satisfactorily completed, the building official shall, following a request made by the person requesting said rescission, record a notice rescinding the prior notice of violation. The person requesting said rescission shall be responsible for the payment of any fee adopted by resolution of the city council for the rescission or termination of said notice. 114.6 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the City to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
114.7 Violation penalties. Any person, firm or corporation who violates a provision of this code or any other provision of Chapter 14.10 of the Sonoma Municipal Code, or fails to comply with any of the requirements thereof, or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, is punishable as provided by Section 1.12.010 of the Sonoma Municipal Agenda Item #6.1:
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Code. Each violation shall constitute a separate offense for each and every day such person, firm or corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. A violation of this code or any other provision of Chapter 14.10 of the Sonoma Municipal Code shall be deemed a public nuisance and is subject to nuisance abatement proceedings as provided by Section 1.12.010 and Chapter 14.30 of the Sonoma Municipal Code. 114.8 Administrative Penalties. As an alternative to the provisions provided in this Section 114, the building official is authorized to utilize the procedures set forth in Chapters 1.28 (Administrative Citation) and 1.30 (Administrative Notice and Order Proceedings) of the Sonoma Municipal Code.
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, or contrary to the approved plans, the building official is authorized to issue a stop work order. 115.2 Issuance of stop work order. The stop work order shall be in writing and shall be posted in a conspicuous place in or about the structure affected by such notice and given to the record owner of the property involved, or to the owner's agent, or to the person performing the work. The stop work order shall be deemed properly served if a copy thereof is (a) personally delivered to the record owner of the property involved, or (b) personally delivered to the owner's agent or to the person doing the work, or (c) sent by certified mail to the record owner of the property at the address listed on the last equalized county tax assessment roll with the return receipt requested. If a stop work order sent by certified mail is returned showing that it was not delivered, a copy of the stop work order shall be posted in a conspicuous place in or about the building, structure, or work affected by such notice and a copy thereof mailed, by first class mail, to the record owner at the address listed on the last equalized county tax assessment roll. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the conditions under which the cited work will be authorized to resume.
115.2.1 Violation to remove or deface a stop work order. It shall be a violation of this code to remove, deface or mutilate any stop work order posted on a structure or site pursuant to this section without the express written permission of the building official.
115.3 Emergencies. Where an emergency exists due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, the building official shall not be required to give a written notice prior to stopping the work. Where work is stopped without prior written notice, the building Agenda Item #6.1:
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official shall issue a written notice in accordance with section 115.2 as soon as practical following the stopping of work.
115.4 Failure to comply. Any person who shall continue any work in or about the building, structure, or property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to an investigation fee as adopted by the city council and penalties as prescribed by Section 1.12.010 of the Sonoma Municipal Code. Further, any violation of this section is deemed a public nuisance and may be subject to nuisance abatement proceedings as provided by Section 1.12.010 and Chapter 14.30 of the Sonoma Municipal Code and/or enforcement proceedings under Chapter 1.28 or Chapter 1.30 of the Sonoma Municipal Code.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Authority. For the purposes of this code, any applicable building, structure, or equipment, including those structures that are subject to the requirements of Division 13, Part 1.5 of the California Health and Safety Code commencing with Section 17910 (State Housing Law), which by inspection or observation by the building official, has any of the conditions or defects defined as an unsafe structure, shall be abated by repair, rehabilitation, demolition, or removal.
116.2 Unsafe structures prohibited. No person shall own, use, occupy or maintain any unsafe structure. 116.3 Unsafe structures declared a public nuisance. Any unsafe structure or equipment regulated by this code is hereby declared to be a public nuisance. In addition to instituting any appropriate action to prevent, restrain or correct a violation of this section, the building official may abate an unsafe condition by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this section or as alternatively set forth by the nuisance abatement proceedings in Chapter 14.30 of the Sonoma Municipal Code or through any other enforcement proceedings set forth within the Sonoma Municipal Code. 116.4 Notice of unsafe structure. The building official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous, damaged, or unsafe and if, in the building official's opinion, such building or structure is found to be an unsafe structure as defined in this code, the building official shall give to the party in interest written notice stating the defects thereof. This notice shall require the owner, other party in interest or person in charge of the building or premises to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof and all such work shall be completed within a time frame stipulated by the building official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until Agenda Item #6.1:
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the required repairs and improvements be completed, inspected and approved by the building official. The designated period within which the owner, tenant, other party in interest or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or certified mail. If such notice is by posting, the designated period shall begin ten (10) days following the date of posting. The notice of unsafe structure shall state the rights to a hearing or appeal. The notice period shall be a minimum of thirty (30) days unless the building official deems a shorter period necessary to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure.
116.5 Service of notice of unsafe structure. The notice of unsafe structure shall be deemed properly served if a copy thereof is (a) personally delivered upon every party in interest, as defined in this code; or (b) posted in a conspicuous place on the structure or property and a copy thereof mailed by certified mail with a return receipt requested to the record owner of the property involved at the address listed on the last equalized county tax roll and if known, any party in interest.
If the notice of unsafe structure sent by certified mail is returned showing that it was not delivered, the notice shall be deemed properly served if a copy thereof is posted in a conspicuous place on the unsafe structure or property involved and a copy is mailed by first class mail to the record owner of the property involved at the address listed on the last equalized county tax roll.
The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
116.6 Recording of notice of unsafe structure. If the notice of unsafe structure is not complied with in the time prescribed by such notice, the building official is authorized to record with the County Recorder’s Office, after the expiration of said period, said notice against the property with respect to the unsafe conditions and violations that exist. Said notice must specify the nature of the unsafe conditions, the provisions of this code being violated, when the building official first learned of the existence of the unsafe conditions, how much time the violator has to cure the unsafe conditions and violations, and the assessor’s parcel number and street address, if any, of the subject property.
Following the recordation of the notice of unsafe conditions, the building official is not required to make any inspection or review of the premises to determine the continued existence of the cited unsafe conditions or violations. It is the responsibility of the record owner, occupant, or other party in interest to comply with the above provisions.
116.6.1 Rescission of recorded notice or order. Any person who desires to have recorded a notice rescinding the notice of unsafe structure must first obtain the necessary approvals and permit(s) to correct or Agenda Item #6.1:
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remove the unsafe conditions and violations. Once the building official determines that the work covered by such permit(s) has been satisfactorily completed and the unsafe conditions mitigated, the building official shall, following a request made by the person requesting said rescission, record a notice rescinding the prior notice of unsafe structure. The person requesting said rescission shall be responsible for the payment of any fee adopted by resolution of the city council for the rescission or termination of said notice. 116.7 Posting of notice to vacate. Any unsafe building ordered vacated in accordance with this section shall not be reoccupied until the unsafe conditions have been eliminated. Each such vacated building shall be locked and otherwise secured against entry and the building official shall post thereon a placard stating:
"UNSAFE - DO NOT ENTER OR OCCUPY”
In cases where the building official has determined that partial occupancy of a building may be allowed, the building official shall post thereon a placard stating:
“RESTRICTED USE”
All placards posted shall indicate, in general terms, the unsafe conditions found and the date of said posting.
Additional information may be placed on the placard or notice to vacate as deemed appropriate by the building official. Such notice shall be posted in a conspicuous place at or near the main entrance and shall be visible to persons approaching the building or structure from a street. 116.7.1 Proof of posting. Proof of posting of the notice to vacate shall be provided by written declaration under penalty of perjury executed by the person making the posting and declaring the time, date, manner and location the posting was made.
116.7.2 Violation to remove or deface posted notice to vacate. It shall be a violation of this code to remove, deface or mutilate any notice to vacate posted on a building pursuant to this section without the express written permission of the building official.
116.8 Right of hearing. Any interested party may request a hearing before the board of appeals to show cause why the building or structure should not be ordered repaired, vacated and repaired, or vacated and demolished or removed. The request for a hearing shall comply with the provisions set forth in Section 113 of this code. A hearing shall be requested by the building official prior to demolition or repair of an unsafe building by the City except when such demolition or repair is done under the emergency procedure set forth in this section.
116.9 Order of board of appeals. If, after holding a hearing on the matter, the board of appeals finds that the building or structure is an unsafe structure, it shall issue a written order that includes, but is not limited to, the following:
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1. The name, address and telephone number of the City.
2. The address or location of the unsafe structure.
3. The name and address of the parties in interest.
4. A finding of fact that (a) the building or structure is an unsafe structure and nuisance and directing that it either be demolished or otherwise repaired in accordance with this code as applicable; or (b) the building or structure is an unsafe structure and nuisance and directing that it shall be vacated and that the building or structure either be demolished or otherwise repaired in accordance with this code as applicable.
5. A list of the specific defects and violations.
6. The dates required for the commencement and the completion of either the required repairs or improvements or the demolition or removal of the building or structure or portions thereof.
7. If necessary, a statement that the building, structure, or portion thereof be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the building official.
8. A statement that if the repairs or demolition necessary to remove the unsafe conditions is not made within the designated period stated in the order, the building official may then demolish or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the board of appeals.
9. A statement that the order by the board of appeals is not appealable to the city council.
10. A statement that all costs to enforce the order of the building official and the board of appeals and for the repairs or demolition necessary to remove the unsafe conditions incurred by the City, shall be made a personal obligation of the property owner and if not paid within 30 days of request of payment by the City, may be made a special assessment against the property involved, pursuant to Section 118.1.
11. If the building or structure, or portion thereof is residential, a statement in accordance with Section 17980(e) of the Health and Safety Code that, in accordance with Section 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in a taxable year, and, in addition, any other notice required by Health and Safety Code Section 17980.
116.9.1 Board of appeals termination of building official’s order. If, after holding a hearing on the matter, the board of appeals finds that the building or structure is not an unsafe structure, it shall issue a written order terminating the order of the building official.
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116.9.1 Service and posting of order of board of appeals. The order of the board of appeals shall be served upon the same parties and in the same manner as required for the notice of hearing. It shall also be conspicuously posted on or about the building or structure. 116.10 Failure to comply with order of building official. If the repairs or demolition necessary to remove the unsafe condition as set forth in the notice of unsafe structure is not made within the designated period prescribed by the building official and if a hearing has not otherwise been held by the board of appeals, the building official shall request that a hearing be held regarding the unsafe conditions and failure to comply with the order.
116.11 Failure to comply with order of the board of appeals. If the repairs or demolition necessary to remove the unsafe condition as set forth in the order of the board of appeals is not made within the designated period the building official may then demolish or repair such portions of the structure, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the board of appeals.
SECTION 117
EMERGENCY MEASURES
117.1 Imminent danger. Where, in the opinion of the building official, there is imminent danger of failure or collapse of a building that endangers life, health, or property, or where any building or part of a building has fallen and life is endangered by the occupation of the building, or where there is actual or potential danger to the occupants or those in the proximity of any structure because of potential for collapse, electrical hazards, explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or material, or operation of defective or dangerous equipment, or any other cause, the building official is hereby authorized to take any appropriate emergency measure described herein and order and require the occupants to vacate the premises forthwith.
117.1.1 Posting of placards due to imminent danger. The building official and his or her authorized or deputized representatives are hereby authorized to post appropriate placards on any unsafe buildings or structures causing imminent danger to the occupants or the public and subject to these emergency measures.
The building official shall cause to be posted at each entrance to such buildings or structures a placard reading:
“UNSAFE - DO NOT ENTER OR OCCUPY”
In cases where the building official has determined that partial occupancy of a building may be allowed, the building official shall post thereon a placard reading:
“RESTRICTED USE”
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All placards posted shall indicate, in general terms, the unsafe conditions causing the imminent danger, the date of said posting, any restrictions of the entry, use or occupancy of said building, the name or number of the posting inspector and the contact information for interested persons or occupants to obtain more information. Additional information may be placed on the placards or notice to vacate as deemed appropriate by the building official, including any to restrictions or limitations of the use or occupancy of the structure.
Such notice shall be posted in a conspicuous place at or near the main entrance and shall be visible to persons approaching the building or structure from a street.
117.1.2 Unlawful to enter or use a posted structure. It shall be unlawful for any person to enter or use a structure in violation of its posted placard except with a valid permit or written permission, issued by the building official, for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
117.1.3 Unlawful to remove or deface posted placard. Once a placard has been attached to a building or structure, it shall not to be removed, altered or covered except by the building official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
117.2 Temporary emergency safeguards and repairs. Notwithstanding other provisions of this code, whenever, in the opinion of the building official there is an immediate and imminent danger due to an unsafe condition, the building official may order the boarding up of openings, barricading, securing, temporary bracing, temporary repairs, isolation of, alteration to, demolition, or other appropriate action to render such structure temporarily safe or temporarily secure and shall cause such other action to be taken as the building official deems necessary to meet such emergency. In all cases, the use of demolition to abate the unsafe condition shall be limited to what is reasonably necessary to abate the immediate and imminent danger and mitigate the loss of, or damage to life, health, property. 117.3 Closing streets and sidewalks. Where necessary for public safety, the building official may temporarily close structures and temporarily order the closure of sidewalks, walkways, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized. 117.4 Labor for temporary emergency safeguards and repairs. For the purposes of this section, the building official may employ the necessary labor and materials to perform the required work for temporary emergency safeguards and repairs as expeditiously as possible in accordance with Sonoma Municipal Code Section 3.04.090.
117.5 Costs of temporary emergency safeguards and repairs. Prior to incurring costs for temporary emergency safeguards and repairs, the building official shall obtain the approval of the city manager for said Agenda Item #6.1:
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costs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The city attorney may institute appropriate action to recover costs against the owner of the premises or the owner’s authorized agent for the City costs for implementing emergency measures upon the unsafe structures or conditions in accordance with this code.
117.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.
117.8 Emergency notice. The emergency measures described herein may be implemented without any prior notice whatsoever when, in the opinion of the building official and the city manager, an imminent danger to the occupants of a building, structure or property or the public exists and where immediate action is necessary to protect life, health, property or the safety of occupants or the public. Whenever emergency measures have been implemented on any private property for any unsafe structure or condition the building official shall provide notice to the parties in interest, the tenant(s) of the building and the city council, as early as the circumstances will permit within 30 days following said implementation.
SECTION 118
RECOVERY OF COSTS
118.1 Payment of costs for enforcement. All reasonable and actual costs incurred by the City for the enforcement and abatement of an unsafe structure, public nuisance or any violation of this code, shall be made a personal obligation of the property owner and shall be paid to the City not more than 30 days from the date the invoice for said costs is mailed. The building official shall keep an account of the cost of enforcement and abatement and shall render an itemized written report of said costs to the property owner when requested.
If the property owner fails to pay the full cost of the personal obligation within 30 days from the date the invoice for services is mailed by the building official, said costs shall be confirmed by the city council and made a special assessment against the property upon which the structure stood or nuisance existed, pursuant to the procedures established by this section, which the city council adopts pursuant to Government Code Section 38773.5.
The building official shall prepare and submit an itemized written report to the city council of the cost of removing and/or abating the nuisance, violation or unsafe building including, but not limited to, administrative costs, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. Before the report is submitted and reviewed by the city council, a copy of the report and notice of the time when the report will be reviewed by the city council for confirmation shall be mailed to the Agenda Item #6.1:
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party in interest, certified mail, return receipt requested, at the address shown on the last equalized assessment roll or the supplemental roll, whichever is more current at least ten (10) days prior to review by the city council. The notice shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments and shall otherwise be in compliance with Government Code Section 38773.5.
Pursuant to Government Code Section 38773.5(b), recovery of attorneys' fees shall be limited to the prevailing party for those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the cost of reasonable attorneys' fees incurred by the City in the action or proceeding.
The city council shall hold a hearing to determine the reasonableness or correctness of the assessment, or both. The building official shall notify, in writing, the party in interest of the city council’s decision. If the total assessment, as confirmed by the city council is not paid in full within ten (10) days after receipt of such notice from the building official, the building official shall take those actions necessary to cause a special assessment to be recorded against the parcel in the amount confirmed by the city council. From the date of such recording, such balance due shall be a special assessment against the parcel.
The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All the laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment.
SECTION 119
INTERFERENCE PROHIBITED
A person shall not obstruct, impede, or interfere with the building official, any representative authorized by the building official, or with any person who owns or holds any estate or interest in any unsafe building which has been ordered by the building official or the board of appeals to be repaired, vacated and repaired, or vacated and demolished, whenever the building official or such owner is engaged in repairing, vacating and repairing, or demolishing any such unsafe building pursuant to this code, or is performing any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.
14.10.015 Technical Codes Adopted.
Pursuant to Section 50022.2 of the California Government Code, the following technical codes are adopted by reference as described herein and as amended by the following sections of this Chapter:
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A. 2022 California Building Code Volumes 1 and 2, based on the 2021 International Building Code published by the International Code Council;
B. 2022 California Residential Code, based on the 2021 International Residential Code published by the International Code Council;
C. 2022 California Electrical Code, based on the 2020 National Electrical Code published by the National Fire Protection Association and BNi Publications; D. 2022 California Mechanical Code, based on the 2021 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials; E. 2022 California Plumbing Code, based on the 2021 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials; F. 2022 California Energy Code published by the California Building Standards Commission; G. 2022 California Historical Building Code, published by the California Building Standards Commission;
H. 2022 California Fire Code, based on the 2021 International Fire Code published by the International Code Council:
I. 2022 California Existing Building Code, based on the 2021 International Existing Building Code published by International Code Council;
J. 2022 California Green Building Standards Code published by the California Building Standards Commission;
K. 2022 California Referenced Standards published by the California Building Standards Commission;
14.10.020 2022 California Building Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, the administrative regulations of Chapter 1, Division II of Part 2 of the 2022 California Building Standards Code, known as the California Building Code, as adopted by Section 14.10.015, are amended as follows:
Delete Chapter 1, Division II (Scope and Administration) in its entirety and replace with the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
B. Based upon the express findings of necessity #3 set forth in Section 14.10.005, Section 1612.3 of Part 2 of the 2022 Edition of the California Building Standards Code, known as the California Building Code, as adopted by Section 14.10.015, is amended as follows:
1612.3 Establishment of Flood Hazard Areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in Agenda Item #6.1:
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an engineering report entitled "The Flood Insurance Study for the County of Sonoma and Incorporated Areas," dated July 19, 2022 (fifth revision), as amended or revised with the accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.
Exception: [OSHPD 1R, 2 & 5] The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency's Flood Insurance Study (FIS) adopted by the local authority having jurisdiction where the project is located.
C. Based upon the express findings of necessity #1 and #2 set forth in Section 14.10.005, Part 2 of the 2022 Edition of the California Building Standards Code, known as the California Building Code, as adopted by Section 14.10.015, is amended as follows:
Adopt by reference and add the following 2022 California Building Code appendices:
1) Appendix Chapter H – Signs
2) Appendix Chapter I - Patio Covers.
3) Appendix Chapter P – Emergency Housing
14.10.025 2022 California Residential Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, the administrative regulations of Chapter 1, Division II of Part 2.5 of the 2022 California Building Standards Code, known as the California Residential Code, as adopted by Section 14.10.015, is amended as follows:
Delete Chapter 1, Division II (Scope and Administration) in its entirety and replace with the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
B. Based upon the express findings of necessity #1 and #4 set forth in Section 14.10.005, Table R301.2 of Part 2.5 of the 2022 California Building Standards Code, known as the California Residential Code, as adopted by Section 14.10.015, is amended to clarify design requirements to read as follows:
TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOADn
WIND DESIGN
SEISMIC
DESIGN
CATEGORYf
SUBJECT TO DAMAGE FROM
ICE BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD
HAZARDSg
AIR
FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk
Special
wind
regionl
Windborne
debris
zonem Weatheringa
Frost
line
depthb Termitec
0 93 Not
applicable
Not
applicable
Not
applicable D2 negligible 12” Yes No
NFIP
1/17/79
FIS
7/19/22
See
SMC 14.25
1500 or
less
Not
available
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
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a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.
The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(2). Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BFdays) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s).
Otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figures R301.2(3) and R301.2(4).
C. Based upon the express findings of necessity #1 set forth in Section 14.10.005, Part 2.5 of the 2022 Edition of the California Building Standards Code, known as the California Residential Code, as adopted by Section 14.10.015, is further amended as follows:
Agenda Item #6.1:
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1) Adopt by reference and add Appendix Chapter AH (Patio Covers). 2) Adopt by reference and add Appendix Chapter AQ (Tiny Houses) 3) Adopt by reference and add Appendix Chapter AS (Strawbale Construction) 4) Adopt by reference and add Appendix Chapter AX (Swimming Pool Safety Act - Required by CA H&SC 115920-115929).
5) Adopt by reference and add Appendix Chapter AZ (Emergency Housing) C. Based upon the express findings of necessity #1, #2 and #4 set forth in Section 14.10.005, Part
2.5 of the 2022 Edition of the California Building Standards Code, known as the California Residential Code, as adopted by Section 14.10.015 and to conform with the requirements of CA Government Code 65852.22(d), eliminate the requirement for a fire-rated wall or floor assembly between a dwelling unit and a Junior Accessory Dwelling Unit by adding Exception 3 to section R302.3 to read as follows:
3. Wall and floor assemblies separating a dwelling unit from a Junior Accessory Dwelling Unit, as defined in CA Government Code 65852.22(d).
D. Based upon the express findings of necessity #1, #2 and #4 set forth in Section 14.10.005, Part
2.5 of the 2022 Edition of the California Building Standards Code, known as the California Residential Code, as adopted by Section 14.10.015, the following sections are amended as indicated:
Revise the Exception in subsection R313.1 to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed unless otherwise required by the Fire Code.
Revise subsection R313.2 in its entirety, including the exceptions and subsection R313.2.1, and replace to read as follows:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings in accordance with the Fire Code as amended by the City of Sonoma.
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 unless otherwise required by the Fire Code as amended by the City of Sonoma.
2. Accessory Dwelling Unit, provided that all of the following are met:
2.1.The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
2.2. The existing primary residence does not have automatic fire sprinklers.
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2.3. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
2.4. The unit is on the same lot as the primary residence.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section R313.3 or NFPA 13D.
Exception: Automatic residential fire sprinkler systems installed in factory-built housing, mobile homes and manufactured homes, shall be designed and installed in accordance with California Code of Regulations, Title 25, Section 4302.
14.10.030 2022 California Electrical Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, Part 3 of the 2022 California Building Standards Code, known as the California Electrical Code, as adopted by Section 14.10.015, is amended as follows:
Delete Annex H (Administration and Enforcement) of the electrical code in its entirety and replace and adopt in its place the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
14.10.035 2022 California Mechanical Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, the administrative regulations of Chapter 1 Division II of Part 4 of the 2022 California Building Standards Code, known as the California Mechanical Code, as adopted by Section 14.10.015, is amended as follows:
Delete Chapter 1, Division II (Administration) in its entirety and replace with the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
B. Based upon the express findings of necessity #1 and #2 set forth in Section 14.10.005, Part 4 of the 2022 California Building Standards Code, known as the California Mechanical Code, as adopted by Section 14.10.015, is amended as follows:
Adopt by reference and add the following 2022 California Mechanical Code appendices:
1) Appendix B (Procedures to be Followed to Place Gas Equipment into Operation) 2) Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment)
14.10.040 2022 California Plumbing Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, the administrative regulations of Chapter 1 Division II of Part 5 of the 2022 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 14.10.015, is amended as follows:
Agenda Item #6.1:
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Draft Ordinance
Delete Chapter 1, Division II (Administration) in its entirety and replace with and adopt the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
B. Based upon the express findings of necessity #3 set forth in Section 14.10.005, Part 5 of the 2022 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 14.10.015, is amended as follows:
Amend Section 713.4 to conform with Sonoma Valley County Sanitation District Code to read as follows:
713.4 Public Sewer Availability. The public sewer may be considered to not be available for a proposed building or exterior drainage facility where such public sewer or a building or an exterior drainage facility connected thereto is located more than 300 feet from a proposed building or exterior drainage facility on a lot or premises that abuts and is served by such public sewer.
C. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, Part 5 of the 2022 California Building Standards Code, known as the California Plumbing Code, as adopted by Section 14.10.015, is amended as follows:
Adopt by reference and add the following 2022 California Plumbing Code appendices:
1) Appendix A (Recommended Rules for Sizing the Water Supply System). 2) Appendix B (Explanatory Notes on Combination Waste and Vent Systems) 3) Appendix D (Sizing Storm Water Drainage Systems)
4) Appendix E (Manufactured/Mobile Home Parks and Recreational Vehicle Parks) 5) Appendix H (Private Sewage Disposal Systems)
6) Appendix I (Installation Standards)
7) Appendix J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design)
14.10.045 2022 California Fire Code Amendments.
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, Part 9 of the 2022 California Building Standards Code, known as the California Fire Code, as adopted by Section 14.10.015, is amended by adopting by reference and adding the following appendices:
1) Appendix Chapter 4 – Special Detailed Requirements Based on Use and Occupancy 2) Appendix B – Fire-Flow Requirements for Buildings
3) Appendix BB – Fire-Flow Requirements for Buildings
4) Appendix C – Fire Hydrant Locations and Distribution 5) Appendix CC – Fire Hydrant Locations and Distribution 6) Appendix D – Fire Apparatus Access Roads
7) Appendix E – Hazard Categories
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Draft Ordinance
8) Appendix F – Hazard Ranking
9) Appendix H – Hazardous Materials Management Plans (HHMP) and Hazardous Materials Inventory Statement (HMIS) Instructions (See Sections 5001.5.1 and 5001.5.2) B. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, Part 9 of the 2022 California Building Standards Code, known as the California Fire Code, as adopted by Section 14.10.015 and as further amended by the adoption of certain appendices, is amended to read as follows:
Amend subsection 101.1 to read as follows:
101.1 Title. These regulations shall be known as the City of Sonoma Fire Code, hereinafter referred to as “this Code.”
Add a new subsection 101.6 to read as follows:
101.6 Policy manual. The Sonoma County Fire Prevention Policy Manual shall serve as a supplemental instruction and interpretation manual for this code and is hereby adopted by reference. The fire code official is responsible to amend this manual as necessary to maintain current instruction and interpretations.
The information contained in the policy manual shall not be construed to make new code requirements not authorized by this ordinance.
Amend subsection 103.1 to read as follows:
103.1 Creation of Agency. The Sonoma Valley Fire District Prevention Bureau is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
Add subsection 105.1.1.1 to read as follows:
105.1.1.1 Permit Fees. Permit fees will be based on the Sonoma Valley Fire District’s adopted fee schedule at the time of permit application.
Amend subsection 105.5.54 to read as follows:
105.5.54 Additional Permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions:
1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties.
2. Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids or gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial productions.
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3. Live Audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.
4. Apartment, hotel, motel. An operational permit is required to operate an apartment house, hotel, or motel.
5. Bonfires or rubbish fires. An operational permit is required to kindle or authorize the kindling or maintenance of bonfires or rubbish fires.
6. Change of occupancy. An operational permit is required for any change in the occupancy, business or tenancy of any building, facility, or structure.
7. Care facilities. An operational permit is required to operate a care facility as listed:
7.1. Day care with an occupant load greater than eight (8) persons.
7.2. Residential or commercial institutional care facility, occupancies complying with Health and Safety Code Section 13235 are exempt.
8. Emergency Responder Radio Coverage System. An operational permit is required for buildings and/or facilities with emergency responder radio coverage systems and related equipment.
9. Fire protection systems. An operational permit is required for buildings and/or facilities with fire protection systems and related equipment such as fire pumps, fire hydrant systems, fire suppression systems, fire alarm systems, smoke management systems, and similar systems governed by this code.
10. High-rise building. An operational permit is required to operate a high-rise building as defined by the Building Code.
11. Medical Gas Systems. An operational permit is required for buildings and/or facilities with medical gas systems and related equipment, and similar systems governed by this code.
12. Oil or natural gas well. An operational permit is required to own, operate or maintain an oil or natural gas well.
13. Organized Camps. An operational permit is required to operate an organized camp (Group-C Occupancy).
14. Public Christmas Tree Lot or Pumpkin Patch. An operational permit is required to operate a Christmas tree lot or pumpkin patch, haunted house, or similar facility that is open to the public.
15. Special Event Permit An operational permit is required for any organized procession or assemblage of 50 or more people, which could significantly impact vehicular traffic or create a safety problem. Examples include, but are not limited to: music festivals, elevated stages, outdoor markets, circus, walkathons, runs, marathons, trail rides, bicycle races, celebrations, parades and other similar activities.
16. Winery Caves – Public Accessible. An operational permit is required to operate a Type-2 or Type-3 winery cave that is accessible to the public.
17. Live entertainment. An operational permit is required to operate a business where alcohol is served, while providing live entertainment to the public.
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18. Cannabis. An operational permit is required to operate any cannabis facility or operation listed below that is otherwise permitted under the Sonoma Municipal Code:
18.1 Cultivation
18.2 Distribution
18.3 Manufacturing
18.4 Testing/lab
19. Model rockets rental, sale or operation. An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined by Health and Safety Code Section 12519.
20. CUPA Permit. An operational permit is required to operate any facility described in Sonoma County Code Chapter 29 and shall be required by the Local Fire Chief.
21. Fuel cell power systems. An operational permit is required for stationary fuel cell power systems regulated in Sections 1206.
Add a new subsection 105.6.25 to read as follows:
105.6.25 Local Construction Permits. In addition to the permits required by Section 105.7, the following construction permits shall be obtained from the Bureau of Fire Prevention prior to starting construction:
1. Emergency vehicle access. A construction permit is required for installation or modification of roadways and roadway structures used for emergency vehicle access.
2. Gates. A construction permit is required for the installation of security gates across a fire apparatus access road.
3. Excavation near flammable or combustible liquid pipeline. A construction permit is required to excavate or do any work below grade within ten (10) feet of any pipeline for the transportation of flammable or combustible liquid.
4. Fire-line underground utility piping. A construction permit is required to install, alter, or make improvements to fire-line underground utility piping. A separate utility permit from the building official is required prior to installing any private underground fire protection water piping and associated appliances.
5. Medical gas system. A construction permit is required to install a medical gas system.
6. Oil or natural gas well. A construction permit is required to drill an oil or natural gas well.
Add a new subsection 107.7 to read as follows:
107.7 Cost recovery. Fire suppression, investigation or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person(s) who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable or combustible fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Sonoma Valley Fire District for securing such emergency shall constitute a debt of such person(s) and shall be collectable by the Sonoma Valley Fire District in the same manner as in the case of an obligation under contract, expressed or implied.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Amend subsection 112.4 to read as follows:
112.4 Violation penalties. Any person, firm or corporation who violates a provision of this code, or any other section of Chapter 14.10 of the Sonoma Municipal Code, or fails to comply with any of the requirements thereof, or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the fire chief, or of a permit or certificate issued under the provisions of this code, is punishable as provided by Section 1.12.010 of the Sonoma Municipal Code. Each violation shall constitute a separate offense for each and every day such person, firm or corporation violates or allows a violation to continue without taking reasonable means to cure or abate the same after having been ordered to do so. A violation of this section or any other section of Chapter 14.10 of the Sonoma Municipal Code shall be deemed a public nuisance and is subject to nuisance abatement proceedings as provided by Section 1.12.010 and/or enforcement proceedings otherwise set forth under the Sonoma Municipal Code.
Add a new subsection 112.5 to read as follows:
112.5 Authority to issue citations. The Fire Chief and members of the Fire Prevention Bureau who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions thereof, arrest a person without a warrant whenever the Fire Chief or member of the Fire Prevention Bureau has reasonable cause to believe that the person to be arrested has committed a violation in the presence of the Fire Chief or member of the Fire Prevention Bureau which he or she has discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to the provisions of Section 853.5 et seq. of the California Penal Code.
Amend subsection 113.4 to read as follows:
113.4 Failure to comply. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by Section 1.12.010 of the Sonoma Municipal Code. Further, any violation of this section is deemed a public nuisance and may be subject to nuisance abatement proceedings as provided by Section 1.12.020 and/or enforcement proceedings otherwise set forth under the Sonoma Municipal Code.
Amend Section 202 to add the following definition of "ADDITION" between "ACTIVE RF EMITTING DEVICE" and "ADDITIVE MANUFACTURING”:
ADDITION is the increase of area of an existing structure, for which a building permit has been issued, where the increase in floor area is not made exclusively for the provision of accessibility for the physically disabled.
Amend Section 202 to replace the existing definition of "NUISANCE ALARM":
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NUISANCE ALARM is an unwarranted alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.
Amend Section 202 to add the following definition of "REMODELED" between "RELOCATABLE POWER TAP and "REMOTE EMERGENCY SHUTOFF DEVICE" to read as follows:
REMODELED is work requiring a building permit including, but not limited to, cosmetic or structural repairs, renovations, restorations, alterations or additions to a structure, the total permit valuation of which, as determined by the building official, exceeds $150,000 for buildings containing residential uses or occupancies and $200,000 for all other occupancies over any 36-month period.
Amend Section 202 to add the following definition of "STRUCTURE" between "STORY ABOVE GRADE PLANE" and " SUBORDINATE (FIRE PROTECTION AND LIFE SAFETY SYSTEM)" to read as follows:
STRUCTURE is that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, regardless of property lines.
Add subsection 304.1.2.1 to read as follows:
304.1.2.1 Combustible Vegetation. The fire chief shall notify a property owner by U.S. Postal mail when it is determined that a property is or may become a fire hazard due to combustible vegetation. The property owner may be given the choice of performing hazard abatement work on their own behalf, or authorizing the fire chief to have the work performed. In the event that the property owner does not reply, fails to complete the abatement, or authorizes the fire chief to perform the work on the owner's behalf, the fire chief may cause the work to be performed, then bill the property owner for the cost of such work plus an appropriate administrative fee. Upon the request of the property owner, or in the event that a property owner fails to reply to a bill for weed abatement services, the chief shall request the City Clerk to report the cost of such services to the County Tax Assessor, so that the balance due can be added to the property tax of that parcel of land.
Add subsection 304.1.2.2 to read as follows:
304.1.2.2 Defensible space - neighboring property
Persons owning, leasing, or controlling property within areas requiring defensible spaces are responsible for maintaining a defensible space on the property owned, leased or controlled by said person, within a distance of not less than 30 feet from any neighboring building, structure or property line. Distances may be modified by the fire code official because of a site-specific analysis based on local conditions.
Amend subsection 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. A person shall not release or cause to be released a sky lantern or similar device.
Add a new subsection 311.3.1 to read as follows:
Agenda Item #6.1:
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311.3.1 Removal of debris after fire. All rubble, waste, rubbish, and other materials lying upon any premises within the jurisdictional area; having been accumulated thereon by reason of a fire and having been rendered useless thereby shall be removed within ten (10) days after notice has been given to do so in writing by the Fire Chief to the owner, lessee, or other person in charge or control of the premises.
Add a new subsection 401.3.2.1 to read as follows:
401.3.2.1 Nuisance alarm notification. Notification of emergency responders based on a nuisance alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from a nuisance alarm notification.
Add new subsection 401.3.2.2 to read as follows:
401.3.2.2 Multiple nuisance alarm activations. Any occupancy that has more than three nuisance alarms, causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.
Amend Section 402.1 by adding the term “NUISANCE ALARM” after the term “LOCKDOWN”:
Amend section 403.1 to read as follows:
403.1 General. In addition to the requirements of Section 401, occupancies, uses and outdoor locations shall comply with emergency preparedness requirements set forth in Sections 403.2, 403.55, 403.9.2.1.1, 403.10.6, 403.11 through 403.11. Where a fire safety and evacuation plans are required by Section 403.2 through 403.10.6, evacuation drills shall be in accordance with Section 405 and employee training shall be in accordance with Section 406.
Amend subsection 501.1 to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and Methods.
Add a new subsection 503.2.6.1 to read as follows:
503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of the fire department access roadway, shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: ``The Manual for Bridge Evaluation,'' Second Edition, or other approved standard. Vehicle load limits shall be posted at both Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the fire code official or authorized designee.
Amend subsection 503.3 to read as follows:
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE in accordance with the California Vehicle Code, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
Add the following sentence to the end of subsection 503.2.7:
All buildings located on slopes of greater than five percent (5%) shall also include such additional fire protection measures, as the fire chief deems necessary to mitigate access constraints.
Add subsection 503.6.1 to read as follows:
503.6.1 Width. All gate entrances and similar structures shall be at least two feet (2') wider than the width of the traffic lane(s) serving the gate or structure.
Add subsection 503.6.2 to read as follows:
503.6.2 Setbacks. All gates providing access from a public road to a private road or private driveway shall be located at least thirty feet (30') from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the roadway.
Amend subsection 505.1 to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Posted address numbers shall be those assigned by the City of Sonoma. Address numbers shall be maintained.
Exceptions:
1. These requirements may be modified with the approval of the fire code official.
2. Illuminated address numbers are not required for existing buildings where approved; reflective numbers are to be installed.
505.1.1 Addresses for buildings. All buildings shall be issued an address by the local jurisdiction which conforms to that jurisdiction's overall address system. Accessory buildings will not be required to have a separate address; however, each unit within a building shall be separately identified.
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505.1.2 Numbers for one and two- family dwellings. Numbers for one and two- family dwellings shall be a minimum of 4 inches (101.6mm) high with a minimum stroke width of 0.5 inches (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure.
505.1.3 Numbers for other than one and two- family dwellings. Numbers for other than one- and two- family dwellings shall be a minimum of 12 inches high with a minimum stroke width of 1 inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of three-quarter (0.75) inch. Numbers shall be not less than four (4) inches high with a minimum stroke width of one-half (0.5) inch. 505.1.4 Complex directory. Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an approved illuminated complex directory, monument, pole, or other approved sign or means shall be used to identify the structures at the main entrances to the property. The complex directory, monument, pole, or other approved sign or means shall comply with the requirements of the City’s sign regulations contained in Title 18 of the Sonoma Municipal Code. 505.1.5 Installation, location and visibility of addresses. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located. 505.1. 5.1 Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction.
505.1. 5.2 Where multiple addresses are required at a single driveway, they shall be mounted on a single post. (d) Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.
Add a new subsection 507.1.1 to read as follows:
507.1.1 Emergency water during construction. The emergency water system shall be available on-site prior to combustible construction. Required fire hydrants shall be acceptable to the City of Sonoma and conform to City of Sonoma Standard Plans.
Amend subsection 507.2.2 to read as follows:
507.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.
Exception: For Group R-3 occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, and associated accessory structures up to 3,000 square feet in area, plastic water tanks up to 5,000 gallons in volume may be used.
A flammable vegetation clearance of not less than twenty feet (20') shall be maintained around all polyplastic or similar water tanks.
Amend subsection 507.5 to read as follows:
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.8.
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Draft Ordinance
Amend subsection 507.5.1 by deleting the subsection and exception and replacing it to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet (45.179 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
Amend subsection 507.5.1.1 to read as follows:
507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 50 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2).
Add a new subsection 507.5.7 to read as follows:
507.5.7 Fire hydrant size and outlets. Shall be in accordance with City of Sonoma Standard Plans, or as approved by the fire code official.
Add a new subsection 507.5.8 to read as follows:
507.5.8 Fire hydrant street marker. Fire hydrant locations shall be visually indicated in accordance with the City of Sonoma standards or as approved by the fire code official, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
Add subsection 901.11 to read as follows:
901.11 Notice of Nuisance Alarm. The officer in charge of fire units responding to a fire alarm signal shall determine whether a true emergency exists. If the officer determines that an emergency does not exist, the chief of the local fire agency or his/her authorized representative may issue a written notice of nuisance alarm to the owner or person in charge or control of the facility where the alarm signal originated.
Add subsection 901.12 to read as follows:
901.12 Unreliable Fire Alarm Systems. The fire chief of the local fire agency or his/her authorized representative may determine that a fire alarm system is unreliable upon receipt of more than four (4) nuisance alarms within a twelve (12) month period. Upon finding that an alarm system is unreliable, the fire chief of the local fire agency or his/her authorized representative may order the following:
1. For any nuisance alarm where the system is not restored, the fire chief may require the system owner to provide standby personnel as defined by Section 901.7 or take such other measures, as the fire chief deems appropriate. Persons or activities required by the fire chief shall remain in place until a fire department approved fire alarm maintenance firm certifies in writing to the fire chief that the alarm system has been restored to a reliable condition. The fire chief may require such tests, as he deems necessary to demonstrate the adequacy of the system.
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2. Upon the fifth (5th) and sixth (6th) nuisance alarms from the alarm system within a twelve- (12) month period, the system owner shall pay a mitigation fee to the fire department of $150.00, plus the cost of fire engine response, for each occurrence.
3. Upon the seventh (7th) and eighth (8th) nuisance alarms from the alarm system within a twelve- (12) month period, the system owner shall pay a mitigation fee to the fire department of $300.00, plus the cost of fire engine response for each occurrence.
4. Upon the ninth (9th) and following nuisance alarms from the alarm system within a twelve (12) month period, the system owner shall pay a mitigation fee to the fire department of $500.00, plus the cost of fire engine response, for each occurrence.
Add subsection 901.12.1 to read as follows:
901.12.1 Hearing on notice. Any person receiving a notice of nuisance alarm who contends that the Fire Chief erroneously determined that the fire alarm system was not functioning as designed, may file a written request with the Fire Chief for a hearing on the determination within ten (10) days after receipt of the notice of nuisance alarm.
The Fire Chief shall give the requesting party a hearing on the determination within thirty (30) days of receipt of the request. The request shall set forth: (1) that the system functioned as designed, or (2) that the nuisance alarm resulted from an act of God, flooding, or other violent natural condition without fault and beyond the control of the requesting party. Within ten (10) days following the hearing, the chief shall give written notice of his or her decision to the requesting party.
Amend subsection 903.2 by deleting subsections 903.2 through 903.2.11.3 and replacing to read as follows:
903.2 Where required. An automatic fire sprinkler system shall be installed in all new buildings, structures and new factory-built housing for which a building permit is required and in existing buildings and structures upon a remodel or addition.
Exceptions:
1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies.
2. Detached buildings used exclusively as a Group U Occupancy.
3. Detached buildings accessory to Group R-3 occupancies that are not classified as a dwelling unit or a Group U Occupancy and do not exceed 1,000 square feet in gross floor area.
4. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Sonoma Municipal Code Section 19.92.020, that meet the requirements of Sonoma Municipal Code Section 19.50.090 and the existing primary residence does not have installed and is not required to install an automatic residential sprinkler system.
5. Shipping containers used as a Group S, Division 2 Occupancy.
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6. Unless otherwise required by other sections of the code, a sprinkler system shall not be required when all of the following are met:
a. The addition of floor area to a building results in a total floor area for the building of less than 4,000 square feet or the addition is less than ten percent (10%) of the existing floor area of the building; and
b. The cumulative total building permit valuation for all building permits issued for the subject building within any 36-month period, as determined by the building official, is equal to or less than $150,000 for buildings containing residential uses or occupancies and equal to or less than $200,000 for all other occupancies.
c. A change of use or occupancy of the building does not create a higher risk as indicated in Section 102.3 of the California Fire Code.
7. Alterations or additions made solely for the purpose of providing barrier removal pursuant to the requirements of the American Disabilities Act (ADA) and as further provided in exception #4 of California Building Code Section 11B-202.4.
8. In an existing multiple-tenant building that requires a fire sprinkler system, the fire chief has the authority to modify the fire sprinkler requirements when the intended use does not create any increase in fire danger and the cost of installing a complete fire sprinkler system throughout the entire building creates an unreasonable financial hardship, as determined by the fire chief. [NOTE: Subsection numbers 903.2.1 through 903.2.11.3 are not being incorporated into this Chapter due to local amendments.]
Add subsection 903.2.10.3 to read as follows:
903.2.10.3 Group S-2 public parking garages. An automatic sprinkler system shall be installed throughout Group S-2 public parking garages and shall be designed for the square footage area with lithium, lithium-ion and other containing combustible electrolyte batteries in vehicles, based on an area of sprinkler operation of 2,500 square feet and design density of 0.40 gpm/sf.
Amend subsection 903.3.7 to read as follows:
903.3.7 Fire department connections. The location of fire department connections shall be approved by the fire code official. Fire department hose connections for fire suppression systems and standpipes shall be provided with approved vandal-resistant caps.
Amend subsection 903.4.2 to read as follows:
903.4.2 Alarms. At least one exterior approved audible or audible/visual device activated by the water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system shall be connected to every automatic fire alarm system in an approved location, and approved audible devices shall be connected to every automatic sprinkler system for the purpose of occupant notification. Actuation of the automatic sprinkler system shall actuate the building fire alarm system in all normally occupied areas for the purpose of occupant notification.
Add subsection 903.4.2.1
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903.4.2.1 Interior Alarm. If the building contains sleeping rooms, the interior alarm shall be located in or adjacent to one or more of these rooms. Otherwise, the interior alarm should be placed at a constantly attended location, or as a secondary alternative, the alarm shall be located where people are likely to be present whenever the building is occupied.
Amend subsection 903.6 to read as follows:
903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided throughout existing buildings and structures where required in Chapter 11 and Section 903.2.
Amend subsection 905.3 to read as follows:
Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.12. Standpipe systems are allowed to be combined with automatic sprinkler systems.
Exception: Standpipe systems are not required in Group R-3 occupancies.
Amend subsection 905.3.1 to read as follows:
905.3.1 Height. In other than R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor level where any of the following occur:
1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access.
2. Buildings that are three or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department vehicle access.
5. On the roof of buildings three or more stories in height.
Exceptions:
1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.
2. Class I standpipes are allowed in Group B and E Occupancies.
3. Class I standpipes are allowed in parking garages.
4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.
5. In determining the lowest level of fire department vehicle access, it shall not be required to consider:
5.1 Recessed loading docks for four vehicles or less, and
5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.
5.3 When determined by the Fire Code Official a standpipe is not warranted in three-story buildings.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Add subsection 905.3.12 to read as follows:
905.3.12 Lithium, lithium-ion and other batteries containing combustible electrolyte in vehicles. Group S-2 public parking garages shall be equipped with Class I standpipe systems extended to have hose connections located within 100 feet of where lithium, lithium-ion and other batteries containing combustible electrolyte battery vehicles may park.
Delete Exception 2 in subsection 905.9 pertaining to valve supervision.
Add subsection 907.1.6 to read as follows:
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installation. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate. The protected premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).
Add subsection 907.1.6.1 to read as follows:
907.1.6.1 Posting of certification. The UL certificate required in Section 907.1.6 shall be posted in a durable transparent cover within three (3) feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.
Amend subsection 907.6.6 to read as follows:
907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section.
Exception: Monitoring by central station is not required for:
1. Single- and multiple-station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Automatic sprinkler systems in one- and two-family dwellings.
Add subsection 910.2.3 to read as follows:
910.2.3 Lithium, lithium-ion and other batteries containing combustible electrolyte in vehicles. Enclosed Group S-2 public parking garages occupancy buildings having lithium, lithium-ion and other batteries containing combustible electrolyte in vehicles shall be provided with a mechanical smoke removal system.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Amend subsection 912.2 to read as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be within 50 feet of a fire hydrant or as approved by the fire code official (Also see Section 507.5.1.1).
Add subsection 914.12 to read as follows:
914.12 Type 3 winery caves. Type 3 winery caves, as defined in chapter 446 of the California Building Code, shall comply with the following:
914.12.1. Manual fire alarm system. A manual fire alarm system complying with this code shall be installed in existing Type 3 winery caves unless equipped with an automatic sprinkler system installed in accordance with 903.3.1.1. The fire alarm system shall activate the occupant notification system in accordance with 907.5 when the occupant load exceeds 100 occupants.
914.12.2 Automatic fire sprinkler system. An automatic fire sprinkler system complying with NFPA 13 shall be installed in all new Type 3 winery caves when the occupant load exceeds 100 occupants, or when a change of use in an existing winery cave is approved by the fire code official.
Add new subsection 3315.3 to read as follows:
3315.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet (12,192 mm) in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.
Add new subsection 3315.4 to read as follows:
3315.4 Buildings being partially demolished. Where a portion of a building is being demolished and a sprinkler system exists within such a building, such sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such sprinkler system may be partially demolished with the existing building but shall not be demolished more than one floor below the floor being demolished.
Add subsection 3901.4 to read as follows:
3901.4 Technical Assistance Report. A Technical Assistance Report (TAR) shall be required for all new extraction and processing facilities as set forth in Section 104.8.2 to provide a complete analysis of the facility and operations. Additional Technical Reports are required for extraction equipment not listed I accordance with UL 1389 as set forth in Section 3904.2.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Amend subsection 3903.2 to read as follows:
3903.2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable liquids shall not be located in a building containing a Group A, E, I or R occupancy, or occupancies regulated by the California Residential Code.
Amend subsection 3903.3 to read as follows:
3903.3 Location. The extraction equipment and extraction processes utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. For other than CO2 and nonhazardous extraction process, the extraction equipment and process shall be separated from other occupancies and uses with fire barriers where required by Section 508.4.
Amend subsection 3903.5 to read as follows:
3903.5 Use of flammable and combustible liquids. Extraction and post oil processing operations using flammable liquids or combustible liquids heated above their flashpoint, including dispensing of flammable liquids between containers, shall be performed in one of the following locations:
1. An exhausted chemical fume hood installed in accordance with the California Building Code and California Mechanical Code.
2. A room or approved exhausted enclosure with an approved exhaust system installed in accordance with the California Mechanical Code.
Electrical equipment used within the chemical fume hood shall be rated for use in flammable atmospheres.
Heating of flammable or combustible liquids over an open flame is prohibited.
Exception 1: The use of a heating element not rated for flammable atmospheres, where documentation from the manufacture, or approved testing laboratory indicates the element is rated for heating of flammable liquids.
Exception 2: Unheated processes at atmospheric pressure using less than 16 oz. (473 ml) of flammable liquids shall not be required to comply with 3903.5(1) or 3903.5(2).
Add subsection 3903.5.1 to read as follows:
3903.5.1 Electrical components. All electrical components within the chemical fume hood, room, or exhausted enclosure shall be approved permanent wiring, interlocked such that the exhaust system shall be in operation for lighting and components to be used.
Add subsection 3903.5.2 to read as follows:
3903.5.2 Refrigerators, Freezers, and Cooling Equipment. Refrigerators, freezers, and other cooling equipment used to store of cool flammable liquids shall be listed for the storage of flammable/combustible liquids or shall be listed for Class I, Division 1 locations, as described in the California Electrical Code.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Amend subsection 3903.6 to read as follows:
3903.6 Liquefied petroleum gas. Liquefied petroleum gases (LPG) shall not be released to the atmosphere except where released in accordance with Section 7.3 of NFPA 58. LPG liquid piping systems shall be in compliance with California Fire Code Chapter 61.
Add subsection 3903.6.1 to read as follows:
3903.6.1 Exhaust. An approved exhaust system shall be provided for LPG extractions.
Add subsection 3903.6.1.1 to read as follows:
3903.6.1.1 Installation. The exhaust systems shall be installed and maintained in accordance with the California Mechanical Code.
Add subsection 3903.6.1.2 to read as follows:
3903.6.1.2 Processes. All LPG extraction operations, including processes for off-gassing spent plant material and oil retrieval, shall be conducted within a chemical fume hood, enclosure, or room in compliance with the California Mechanical Code.
Add subsection 3903.6.2 to read as follows:
3903.6.2 Electrical Systems Electrical equipment shall be in accordance with Section 3903.6.2.1 through 3906.2.5.
Add subsection 3903.6.2.1 to read as follows:
3903.6.2.1 Electrical Bonding and grounding. All conductive equipment and conductive objects within the exhaust room shall be bonded and grounded in accordance with California Electrical Code.
Add subsection 3903.6.2.2 is to read as follows:
3903.6.2.2 Classified Areas. The area within a hood or enclosure used for LPG extractions shall be classified as a Class 1, Division 1 hazardous location in accordance with the California Electrical Code. Areas adjacent to Class 1, Division 1 locations shall be classified in accordance with the California Electrical Code.
Add subsection 3903.6.2.3 to read as follows:
3903.6.2.3 Interlock. All electrical components within the extraction room shall be interlocked with the hazardous exhaust system such that room lighting and other extraction room electrical equipment will only operate when the exhaust system is in operation.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Add subsection 3903.6.2.4 to read as follows:
3903.6.2.4 Emergency Power. An automatic emergency power system shall be provided for the following items, when installed:
1. Extraction room lighting
2. Extraction room ventilation system
3. Solvent gas detection system
Exception: Except where required by other sections of this code, extraction room ventilation systems in existing facilities are not required to have a secondary power source, such as emergency or standby power until such time that the medium of extraction or solvent is changed.
Add subsection 3903.6.2.5 to read as follows:
3903.6.2.5 Gas detection systems. Gas detection systems shall be provided with constant non-interlocked power.
Add subsection 3903.7 to read as follows:
3903.7 Carbon dioxide extraction. Carbon Dioxide extraction shall comply with sections 3903.7.1, 3903.7.2, and 3903.7.3
Add subsection 3903.7.1 to read as follows:
3903.7.1 Storage and handling. All CO2 compressed gas cylinders shall be secured in approved method to prevent falling.
Add subsection 3903.7.2 to read as follows:
3903.7.2 CO2 Gas Detection. An approved, listed CO2 detection system complying with California Fire Code Section 5307.4 shall be installed in the CO2 extraction room. Auto-calibrating and self-zeroing devices or detectors shall be prohibited.
Add subsection 3903.7.3 to read as follows:
3903.7.3 CO2 discharge. The extraction equipment pressure relief devices and blow-off valves shall be piped to the exterior of the building.
Add subsection 3903.8 to read as follows:
3903.8 Means of Egress. For extraction rooms using hazardous materials, each room shall be provided with at least one exit access door complying with the following:
1. The door shall swing in the direction of egress travel.
2. The door shall be provided with a self-closing or automatic closing device.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
3. The door shall be equipped with panic or fire exit hardware.
4. The exit access travel distance cannot be increased as allowed in California Fire Code Section 1017.2.2 for
extraction/cultivation facilities.
Add subsection 3903.9 to read as follows:
3903.9. Signage. The NFPA 704 hazard rating diamond sign, minimum 10” in size, and no smoking signs shall be posted on the exterior of the extraction room door.
Add subsection 3903.9.1 to read as follows:
3903.9.1 Safety data sheets. All applicable safety data sheets (SDS) shall be posted in the approved location.
Add subsection 3903.9.2 to read as follows:
3903.9.2 Warning signage. Applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment.
Amend subsection 3904.2.2.3 to read as follows:
3904.2.2.3 Site inspection. Prior to the operation of the extraction equipment, where required by the fire code official, the engineer of record or approved professional, as approved in Section 3904.2, shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis. The engineer of record or approved professional shall provide a report of findings and observations to the fire code official prior to the approval of the extraction process. The field inspection report authored by the engineer of record shall include the serial number of the equipment used in the process and shall confirm that the equipment installed is the same model and type of equipment identified in the technical report.
Add subsection 3904.3 to read as follows:
3904.3 Change of Extraction Medium. Where the medium of extraction or solvent is changed from the material indicated in the technical report or as required by the manufacturer, the technical report shall be revised at the cost of the facility owner and submitted for review and approval by the fire code official prior to the use of the equipment with the new medium or solvent.
Add subsection 5608.1.2 to read as follows:
5608.1.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 and Chapter 9.21 of the Sonoma Municipal Code prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee.
Add subsection 5608.2 to read as follows:
5608.2 Limitations. Possession, storage, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, use, explosion, discharge, or disposal of fireworks is prohibited (see Sonoma Municipal Code Chapter
9.21)
Exception: Firework displays authorized pursuant to section 5608.1 for which a permit has been issued.
Add subsection 5704.1.1 to read as follows:
5704.1.1 Tanks Storage prohibited. No existing aboveground tanks for the storage of Class I and Class II liquids outside of buildings (except LPG-Propane) shall be permitted on mercantile, residential, and other congested parcels. Existing tanks on such parcels shall be removed within one (1) year after written notice from the fire code official.
Add subsection 5704.1.2 to read as follows:
5704.1.2 Tank Storage - Other locations. New aboveground tanks for storage of Class I and II liquids on parcels not covered under Section 5704.1.1 shall be enclosed in a flammable liquid storage vault constructed in accordance with the standards of the fire department. Existing tanks on such parcels shall conform to new within one (1) year after written notice from the fire code official.
Add subsection 5704.1.3 to read as follows:
5704.1.3 Existing Tank Storage. Existing tank storage shall meet the requirements of new tank installations within one year of notice from the fire code official.
Delete section 5707 On-Demand Mobile Fueling Operations Amend subsection 5806.2 to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited in any area as established by applicable land-use and zoning standards.
Add subsection 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
capacity of any one installation shall not exceed a water capacity of 2,000 gallons in any area as established by applicable land-use and zoning standards.
Exception: The capacity limit may be reduced by the fire code official, based on evaluating special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department.
Add subsection 6107.5 to read as follows:
6107.5 Seismic Anchoring. An approved seismic anchoring system shall be installed on all permanently installed propane/LPG gas containers.
Amend Chapter 80 - Referenced Standards, NFPA 13-22 Standard for the Installation of Sprinkler Systems as amended as follows:
Revise the title for NFPA 13-22 to read:
NFPA 13-16: Standard for the installation of Sprinkler Systems as amended** Add a double asterisk note following the single asterisk note to read:
**NFPA 13, additional amended sections as follows:
Revise Section 29.4.1 to read as follows:
29.4.1 The installing contractor shall identify a hydraulically designed sprinkler system with permanently raised, stamped or etched marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire, chain, or other approved means.
Amend subsection (NFPA 13-22) subsection 29.5.1 to read as follows:
29.5.1 The installing contractor shall identify a pipe schedule sprinkler system with permanently raised, stamped or etched marked weatherproof metal or ridged plastic sign secured with corrosion resistant wire, chain, or other approved means.
Amend Chapter 80 - Referenced Standard NFPA 13D-22: Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes as follows:
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Add a double asterisk note following the single asterisk note to read:
**NFPA 13D, additional amended sections as follows:
Revise subsection 5.1.1.2 to read as follows:
5.1.1.2 A supply of at least three sprinklers shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.
Add subsection 5.1.1.2.1 to read as follows:
5.1.1.2.1 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.
The stock sprinklers shall include not less than one sprinkler of all types and ratings installed.
Add subsection 5.1.1.2.2 to read as follows:
5.1.1.2.2 The sprinklers shall be kept in a mounted and accessible cabinet located where the temperature to which they are subjected will at no time exceed the maximum ceiling temperatures specified in Table
5.1.1.6.1 for each of the sprinklers within the cabinet.
Add subsection 5.1.1.2.3 to read as follows:
5.1.1.2.3 One sprinkler wrench as specified by the sprinkler manufacture shall be provided in the cabinet for each type of sprinkler installed to be used for the removal and installation of sprinklers in the system.
Add subsection (NFPA13d-22) 6.2.3.4 to read as follows:
6.2.3.4 Exterior pumps shall be installed in a ventilated and weather protected area or shelter or in accordance with the manufacturer’s recommendations.
Add subsection 7.2.7 to read as follows:
7.2.7 An inspector’s test valve shall be provided and installed at the furthest most remote location of the system.
Revise subsection 7.6 to read as follows:
7.6 A local waterflow alarm shall be provided on all sprinkler systems on the exterior of the home within 10 feet of the riser location, or as approved by the fire code official.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Add subsection 7.6.1 to read as follows:
7.6.1 Interior Alarm - reference amended California Fire Code 903.4.2.1 Interior Alarm. If the building contains sleeping rooms, the interior alarm shall be located in or adjacent to one or more of these rooms.
Otherwise, the interior alarm should be placed at a constantly attended location, or as a secondary alternative, the alarm shall be located where people are likely to be present whenever the building is occupied.
Amend Appendix B, subsection B101.1 to read as follows:
B101.1 Scope. The procedure for determining fire-flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to structures other than buildings. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official in accordance with 104.9 Alternative Materials and methods.
Amend the definition of FIRE-FLOW in Appendix B, subsection B102.1 to read as follows:
FIRE-FLOW. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, measured in the water main in the vicinity of the flowing hydrant, that is available for firefighting.
Amend the definition of FIRE-FLOW CALCULATION AREA in Appendix B, subsection B102.1 to read as follows:
FIRE-FLOW CALCULATION AREA. The floor area, in square feet, used to determine the required fire flow.
The fire-flow calculation area or floor area shall be the total floor area of all floor levels within the exterior walls that are under the horizontal projection of the roof, except as modified in Section B 104.3.
Amend Appendix B, subsection B105.1 to read as follows:
B105.1 One- and two-family dwellings. The minimum fire-flow requirements for one- and two-family dwellings having a fire-flow calculation area which does not exceed 3,600 square feet (344.5 m2) shall be 1500 gallons per minute (3785.4 L/min). Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of 3,600 square feet (344.5 m2) shall not be less than that specified in Table B 105.1.
Exception: A reduction in required fire-flow of up to 50 percent, as approved, may be allowed when the building is provided with an approved automatic sprinkler system Amend Appendix B, subsection B105.2 to read as follows:
B105.2 Buildings other than one- and two-family dwellings. The minimum fire-flow and flow duration for buildings other than one-and two-family dwellings shall be as specified in Table B105.1.
Exception: A reduction in required fire-flow of up to 50 percent, as approved, may be allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
903.3.1.2. The resulting fire-flow shall not be less than 2,000 gallons per minute (5678 l/min) for the prescribed duration as specified in Table B 105.1.
Amend Appendix B, Table B105.1 by deleting footnote (a).
Amend Appendix C, subsection C102 to read as follows:
C102.1 Fire Hydrant Locations. Where fire hydrants are required, fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets, and a fire hydrant shall be located within 50 feet of the Fire Department Connection (FDC), or as approved by the fire code official.
Amend Appendix D, Section D101 to read as follows:
D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix as amended and all other applicable requirements of the International Fire Code. This section applies to residential and commercial developments. Design and construction shall be in accordance with the following sections unless otherwise authorized by the fire code official, in accordance with 104.9 Alternative Materials and methods.
Amend Appendix D, subsection D103.1 to read as follows:
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be determined by the fire code official.
Amend Appendix D, subsection D103.2 to read as follows:
D103.2 Grade. The grade of fire apparatus access roads shall be in accordance with the local agency requirement for public streets or as approved by the fire code official.
Amend Appendix D, subsection D103.3 to read as follows:
D103.3 Turning radius. The minimum turning radius shall be determined by the fire code official.
Amend Appendix D, subsection D103.4 to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with the local agency requirements for public streets or as approved by the fire code official.
Amend Appendix D, subsection D103.4 by deleting Table D103.4.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Amend Appendix D, subsection D103.6 to read as follows:
D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING-FIRE LANE signs complying with figure D103.6 and or the California Vehicle Code.
Amend Appendix D, subsection D104.2 to read as follows:
(The exception to D104.2 is deleted)
Amend Appendix D, subsection D106.1 to read as follows:
D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads. (The exception to D106.1 is deleted)
Amend Appendix D subsection D106 by deleting subsection D106.2:
Add Appendix D subsection D106.4 to read as follows:
D106.4 Multi-residential projects having more than 50 dwelling units. Hotels, motels, condominiums, apartments, townhouses and similar multi-residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads.
Amend Appendix D, subsection D107.1 to read as follows:
D107.1 One- or two-family dwelling residential developments. Developments of one- and two-family dwellings where the number of dwelling units exceeds 50 shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of section D104.3. (The exceptions to D107.1 are deleted.)
14.10.050 2022 California Green Building Standards Code Amendments.
A. Based upon the express finding of necessity #1 and #4 set forth in Section 14.10.005, Part 11 of the 2022 California Building Standards Code, known as the California Green Building Standards Code, as adopted by Section 14.10.015, is further amended as follows:
Amend Subsection 301.1 [subsection 301.1.1 remains unchanged] to require a Tier 1 level of compliance (except Tier 1 energy) to read as follows:
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in Chapters 4 and 5 of this code, as applicable. Newly constructed buildings shall also be designed and constructed to include the prerequisite and applicable elective measures to achieve Tier 1 status as prescribed in Appendix A4 and A5 of this code, as applicable, except that the energy efficiency measures set forth in Appendix A4 Division A4.2 and Appendix A5 and Division A5.2 shall not be required. Additions and alterations shall meet the requirements of Section 301 but shall not be required to meet Tier 1 status as prescribed in Appendix A4 or A5 of this code, as otherwise applicable. The building official shall develop CALGreen application checklists to be included in the design and used for construction of structures covered by this code. All buildings subject to the requirements of this code shall meet all applicable requirements of the California Energy Code (California Code of Regulations, Title 24, Part 6).
Adopt by reference and add Appendix Chapter A4 (Residential Voluntary Measures) and Appendix Chapter A5 (Nonresidential Voluntary Measures) of the 2022 California Green Building Standards Code appendices.
Amend the title and explanatory note of Appendix A4 to read as follows:
Appendix A4
Supplementary Residential Mandatory and Elective Measures The measures contained herein that are necessary to achieve Tier 1 status shall be mandatory pursuant Section 301.1 of this code.
Amend Appendix Section A4.201.1 to read as follows:
A4.201.1 Scope. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in this Appendix A4 Division A4.2 (Energy Efficiency) shall not be required. The provisions contained in this Appendix A4 Division A4.2 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
Amend Item 2 in Appendix Section A4.601.4.2 to read as follows:
2. From Division A4.2, Energy Efficiency.
2.1. No requirements for this division.
Amend the note in the last paragraph of Appendix Section A4.601.4.2 to read as follows:
Note: Checklists authorized by the building official shall be used to show the mandatory and Tier 1 elective measures that will be incorporated into the project to show compliance with the provisions of Appendix A4.
Delete Appendix Section A4.602 (Residential Occupancies Application Checklist) in its entirety.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
Delete Appendix Division A4.7 (Residential Model Ordinance) in its entirety.
Amend the title and explanatory note of Appendix A5 to read as follows:
Appendix A5
Supplementary Nonresidential Mandatory and Elective Measures The measures contained herein that are necessary to achieve Tier 1 status shall be mandatory pursuant Section 301.1 of this code.
Amend Appendix Section A5.201.1 to read as follows:
A5.201.1 Scope. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in this Appendix A5 Division A5.2 shall not be required. The provisions contained in this Appendix A5 Division A5.2 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
Amend the first paragraph in Appendix Section A5.601.2.3 to read as follows:
A5.601.2.3 Tier 1. For the purposes of meeting mandatory Tier 1 status pursuant to Section 301.1 of this code, compliance with the provisions contained in Section A5.201 shall not be required. The provisions of Section A5.201 are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
Amend the first paragraph in Appendix Section A5.601.2.4 to read as follows:
A5.601.2.4 Measures for Tier 1. In addition to the provisions of Section A5.601.2.1 above, compliance with the following measures from Appendix A5 is required for Tier 1.
In Table A5.601 (Nonresidential Buildings), delete the row, references, and requirements for Division
5.2 (Energy Efficiency) in its entirety.
Delete Appendix Section A5.602 (Nonresidential Occupancies Application Checklists) in its entirety and replace to read as follows:
A5.602 Nonresidential Occupancies Application Checklists. Checklists authorized by the building official shall be used to show the mandatory and Tier 1 elective measures that will be incorporated into the project to show compliance with the provisions of Appendix A5.
14.10.055 2022 California Existing Building Code Amendments.
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, the administrative regulations of Chapter 1, Division II of Part 10 of the 2022 California Building Standards Code, known as the California Existing Building Code, as adopted by Section 14.10.015, is amended as follows:
Delete Chapter 1, Division II (Scope and Administration) in its entirety and replace with the administrative provisions contained in Section 14.10.010 of the Sonoma Municipal Code.
B. Based upon the express finding of necessity #1, #2, #3 and #4 set forth in Section 14.10.005, Part 10 of the 2022 California Building Standards Code, known as the California Existing Building Code, as adopted by Section 14.10.015, is further amended as follows:
Amend subsection 506.1 to read as follows:
506.1 Compliance. No change shall be made in the use, character of use, occupancy or occupancy classification of any building unless such building is made to comply with the applicable provisions of the California Building Standards Code for the new use or occupancy. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building may be occupied for purposes in other groups or occupancy classifications without conforming to all of the requirements of this code for those uses, groups or occupancy classifications, provided the new or proposed use complies with the energy and accessibility requirements of the California Building Standards Code for the intended use and provided further that the new or proposed use is less hazardous, based on life safety, exiting and fire risk, than the existing use.
Exception: The building need not be made to comply with Chapter 16 of the California Building Code unless required by Section 506.5.
Delete subsection 506.1.1 in its entirety.
B. Based upon the express finding of necessity #2 set forth in Section 14.10.005, Part 10 of the 2022 California Building Standards Code, known as the California Existing Building Code, as adopted by Section 14.10.015, is amended as follows:
Adopt by reference and add the following 2022 California Existing Building Code appendices:
1) Appendix Chapter A1 – Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings.
2) Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms. 3) Appendix Chapter A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light Wood-Frame Residential Buildings. 4) Appendix Chapter A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or Open Front Walls.
Amend the first sentence in Appendix Chapter A3 Section A301.2 to read as follows:
Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
A301.2 Scope. The provisions of this chapter are voluntary and may be applied to residential light-frame wood construction containing one or more of the structural weaknesses specified in Section A303.
Amend the first sentence in Appendix Chapter A4 Section A401.2 to read as follows:
A401.2 Scope. The provisions of this chapter are voluntary and may be applied to all existing structures that are subject to the requirements of California Residential Code or existing Group R-1 and, R-2 Occupancy buildings of wood construction, or portions thereof, where the structure has a soft, weak or open-front wall line and there exists one or more stories above.
14.10.060 Board of Appeals.
The city council is designated as the board of appeals in order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire chief relative to the application and interpretation of the construction codes adopted by the City within this Chapter. The procedure for appeals shall be that established in Section 14.10.010.
14.10.065 Modification of Fee Schedules.
The construction codes adopted in this chapter are modified by the suspension of the operation of any fee schedules contained therein whenever the city council has by ordinance or resolution adopted a different schedule or schedules. It is the intention of the city council that it shall, for administrative convenience, adopt from time-to-time resolutions containing fee schedules for the granting of permits under the codes adopted in this chapter and for the administration thereof.
14.10.070 Enforcement Authority.
Unless otherwise provided by ordinance or resolution of the city council, the building official of the City is the enforcement officer for all provisions of the technical codes adopted herein except that the fire chief of the City shall be the enforcement officer for all provisions of the California Fire Code and amendments thereto and all building standards adopted by and subject to the enforcement authority of the California State Fire Marshal and published in the State Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that the adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under California Code of Regulations, Title 14 Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance adopts standard codes that will be in effect pursuant to state law and sets requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, word or phrase of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of remaining portions of this ordinance. The city council declares that it would have passed and Agenda Item #6.1:
ATTACHMENT A
Draft Ordinance
adopted this ordinance and each of the provisions thereof irrespective of the fact that any one or more such provisions, sections, subsections, phrases or clauses be declared invalid and/or unconstitutional.
SECTION 4. EFFECTIVE DATE.
These construction codes, including the appendices thereto and secondary codes mentioned therein, except as otherwise excluded, are in full force and effect as ordinances of the City of Sonoma, thirty (30) days after the adoption of this ordinance by the City Council or on January 1, 2023, whichever is later.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma this _____ day of November, 2022.
___________________________
Mayor
ATTEST:
___________________________
Rebekah Barr, City Clerk
State of California )
County of Sonoma )
City of Sonoma )
I, Rebekah Barr, City Clerk of the City of Sonoma, do hereby certify that the foregoing ordinance was adopted on November ____, 2022 by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Rebekah Barr, City Clerk
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments ATTACHMENT - B
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
Administrative Provisions
1. Repeal and adopt a new SMC 14.10.10 (Administrative
Provisions) as written.
The administrative provisions replace and expand the various administrative code sections provided in each of the technical codes. The replaced provisions accomplish the following:
• Clarify the application and scope of the technical codes to align with the intent of the technical codes. • Provide provisions for the abatement of unsafe buildings that were previously contained in the Uniform Code for the Abatement of Dangerous Buildings, which is no longer published. • Change references from deleted Chapter 34 of the California Building Code to the California Existing Building Code. • Clarify the work that is included in the determination of the permit valuation • Clarify submittal requirements for permits.
• Authorize the building official to investigate the cause of a fire, explosion or hazardous condition. This is occasionally needed to determine if a code violation resulted in a fire, explosion or hazardous condition. • Authorize the building official to cause the disconnection of specified utilities where they serve dangerous equipment.
This is infrequently needed when a hazard must be eliminated at the utility source. • Authorize the building official to delegate authority to enforce the codes. This is needed so that that the force of law is passed downed to those with delegated authority.
• Clarify when certain work is exempt from a permit.
• Clarify language for the determination of substantially improved or substantially damaged existing buildings in flood hazard areas. This is needed to conform to City, State and Federal flood hazard mitigation regulations. • Authorize the building official to require an evaluation of an existing building by registered design professional and/or a California certified access specialist when determined necessary by the building official due to the nature of the proposed work. This is occasionally needed when a high level of expertise is required to determine and design projects requiring a permit.
• Authorize the building official to withhold the approval of plans and a building permit application if approvals required by other governmental agencies or City departments pertaining to the work have not first been obtained.
This is occasionally needed when other agencies or departments having jurisdiction over a portion of the work of a project have not approved the plans.
• Clarify that the building official is authorized to withhold the issuance of a certificate of occupancy or permit to use or occupy structure when the work performed or required to be performed does not receive all required inspection approvals. This is implied by the code but clarifies the requirement. • Add provisions for collecting a fully refundable work guarantee deposit for temporary occupancy authorizations.
This provides more flexibility to owners needing to use or occupy a building prior to full completion of the work. • Clarify the process for appeals of decisions made by the building official. • Clarify the process and noticing requirements for issuing notice of violations, stop work orders and notices of unsafe structures and equipment.
• Clarify the process for recovery costs for the enforcement and abatement of unsafe structures; • Delete fee tables that will otherwise be handled or adopted in the resolution adopting revised fees. • Modify provisions allowing the building official to implement emergency measures when there is imminent danger or failure or collapse of a building that endangers life or property. This is needed for public safety.
2. Amend subsections under Section 101 Clarify the application and scope of the technical codes as it relates to the Administrative Provisions to align with the intent of the technical codes.
3. [NEW] Add Section 101.2.10.1 - Application of Fire Code To Existing Buildings
Clarifies that the applicable requirements of both the California Existing Building Code and the California Fire Code apply to existing buildings and that if a conflict exists, the more restrictive requirement shall apply.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
4. [NEW] Revise Section 103 - Replace the definition of “Valuation” with a new definition of “Permit Valuation” The new definition of “Permit Valuation” provides terminology consistency and provides an improved explanation of how “Permit Valuation” is derived.
5. [NEW] Revise Section 105.10.1 - Flood Hazard Areas Revise the section to establish the application and provide references to the City’s Flood Hazard Mitigation Regulations (Sonoma Municipal Code Chapter 14.25).
6. Revise Section 106.2.1 - Work exempt from permit. Revise to clarify that accessory buildings used as habitable space, workshops, studios, offices, pool houses, guest rooms, mechanical or equipment rooms, or other rooms or spaces commonly occupied or used to shelter installed mechanical equipment require a building permit.
7. Revise Section 107.1 Submittal documents Revise to clarify that the building official is authorized to suspend processing of a permit application if the applicant fails to submit complete and correct submittal documents.
8. Revise Section 111.3 - Issuance of a Certificate of
Occupancy
This revision clarifies the process for issuance of a Certificate of Occupancy to reflect current practices.
9. Revise Section 106.5 Expiration of permit This revision is needed to conform to a new state law allowing permits to remain active for 12 months year after issuance or after work has commenced.
10. Revise Section 107.1 Submittal documents. Revise to clarify that the building official is authorized to suspend processing of a permit application if the applicant fails to submit complete and correct submittal documents. This is needed when incomplete or incorrect submittal documentation is made and not corrected.
11. Revise Section 111.3 Issuance of a Certificate of Occupancy. This revision provides clarification regarding the information and the processing needed for the issuance of a Certificate of Occupancy.
12. [NEW] Add Section 113.12 Administration of decision. This added section is needed to clarify that the building official shall take action in accordance with the decision of the board of appeals.
13. [NEW] Add a new Section 115.3 Emergencies. The new section provides that when an emergency exists due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, the building official shall not be required to give a written notice prior to stopping the work. Where work is stopped without prior written notice, the building official shall issue a written notice in accordance with section 115.2 as soon as practical following the stopping of work.
This section is needed to address a situation when it is not possible to formally serve a stop work order in accordance with normal procedures due to an emergency that requires immediate action.
14. Revise Section 115.4 Failure to comply. Revise and renumber this section to clarify that in addition to penalties for failure to comply with a stop work order, an investigation fee may be assessed. This is needed for cost recovery.
Technical Codes Adopted
15. Revise Sonoma Municipal Code Section 14.10.015
Technical Codes Adopted
Revise the versions of the technical codes to be adopted and provide correct references to their respective base codes. 2022 California Building Code
16. Delete Chapter 1, Division II (Scope and Administration) and replace with new administrative provisions of SMC
14.10.10. The deletion and replacement of the administrative code provisions of the codes is needed to provide a consistent and more comprehensive set of administrative provisions for the implementation and administration of all of the technical codes...
17. [NEW] Revise Section 1612.3 Establishment of Flood
Hazard Areas
Revise this section to establish and reference the City Flood Hazard Maps on which the flood hazard regulations will be based.
18. Adopt Appendix H – Signs Provides provisions for the safe installation of signs not otherwise covered by the code. This appendix chapter has previously been adopted by the City Council.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
19. Adopt Appendix I – Patio Covers
i.
Provides construction provisions for patio covers that are not otherwise specifically specified in the main body of the code.
This appendix chapter has previously been adopted by the City Council This appendix chapter has previously been adopted by the City Council.
20. Adopt Appendix O – Emergency Housing Provides alternative minimum construction provisions for emergency housing during a declaration of a state of emergency, local emergency or shelter crises pursuant to the Government Code. This appendix chapter has previously been adopted by the City Council.
2022 California Residential Code
21. Delete Chapter 1, Division II (Scope and Administration) and replace with new administrative provisions of SMC
14.10.10. The deletion and replacement of the administrative code provisions of the codes is needed to provide a consistent and more comprehensive set of administrative provisions for the implementation and administration of all of the technical codes...
22. [NEW] Revise Table R301.2. Added climatic and geographic design criteria to Table R301.2 as needed for the City of Sonoma.
23. Adopt Appendix AH – Patio Covers Provides alternative minimum construction provisions that relaxes various requirements in the body of the code as they apply to patio covers. This appendix chapter has previously been adopted by the City Council.
24. Adopt Appendix AQ – Tiny Houses Relaxes various requirements in the body of the code as they apply to houses that are 400 square feet in area or less. Attention is specifically paid to features such as compact stairs, including stair handrails and headroom, ladders, reduced ceiling heights in lofts and guard and emergency escape and rescue opening requirements at lofts. This appendix chapter has previously been adopted by the City Council.
25. Adopt Appendix AS – Strawbale Construction The use of strawbale construction has steadily increased since the 1980s such that there are now buildings of strawbale construction in every state in the U.S. and in more than 50 countries around the globe. Estimates are that there are over 1,000 buildings of strawbale construction in California alone, including both residential and commercial buildings. Appendix S provides prescriptive requirements for the construction of exterior and interior strawbale walls, both structural and nonstructural, in buildings that are under the scope of this code. This appendix chapter has previously been adopted by the City Council.
26. Adopt Appendix AX – Swimming Pools, Spas and Hot Tubs Provides pool barrier and anti-drowning provisions for residential occupancies consistent with the requirements of the California Building Code and the California Health and Safety Code (Swimming Pool Safety Act). This appendix chapter has previously been adopted by the City Council.
27. Adopt Appendix Chapter AZ - Emergency Housing Provides alternative minimum construction provisions for emergency housing during a declaration of a state of emergency, local emergency or shelter crises pursuant to the Government Code. This appendix chapter has previously been adopted by the City Council.
28. Add Exception 3 to section R302.3 To conform with the requirements of CA Government Code 65852.22(d), eliminate the requirement for a fire-rated wall or floor assembly between a dwelling unit and a Junior Accessory Dwelling Unit by adding Exception 3 to section R302.3.
29. Revise the Exception in subsection R313.1 This exception is revised to stipulate that an automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed unless otherwise required by the Fire Code. This is to clarify that the Fire Code, as amended by the City, must be met as it pertains to triggering sprinkler systems. This revision is needed to conform with the requirements of the Fire Code as amended.
30. Revise and replace subsection R313.2 in its entirety, including the exceptions and subsection R313.2.1
This amendment clarifies that the Fire Code, as amended by the City, must be met as it pertains to triggering sprinkler systems for one- and two-family dwellings and accessory dwelling units. The amendment also clarifies the NFPA standard to be used for the design when required. This revision is needed to conform with the requirements of the Fire Code as amended and Government Code Section 65852.2.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
2022 California Electrical Code
31. Delete Annex H (Administration and Enforcement) and replace with new administrative provisions of SMC
14.10.10. The deletion and replacement of the administrative code provisions of the codes is needed to provide a consistent and more comprehensive set of administrative provisions for the implementation and administration of all of the technical codes. 2022 California Mechanical Code
32. Delete Chapter 1, Division II (Scope and Administration) and replace with new administrative provisions of SMC
14.10.10. The deletion and replacement of the administrative code provisions of the codes is needed to provide a consistent and more comprehensive set of administrative provisions for the implementation and administration of all of the technical codes...
33. Adopt Appendix B (Procedures to be Followed to Place Gas Equipment into Operation)
This proposed amendment provides necessary safety procedures to follow to place gas equipment into operation.
34. [NEW] Adopt Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment)
This proposed amendment provides necessary safety procedures for the installation and testing of oil (liquid) fuel-fired equipment.
2022 California Plumbing Code
35. Delete Chapter 1, Division II (Administration) and replace with new administrative provisions of SMC 14.10.10.
The deletion and replacement of the administrative code provisions of the codes is needed to provide a consistent and more comprehensive set of administrative provisions for the implementation and administration of all of the technical codes...
36. Amend Section 713.4 related to public sewer availability. This amendment is needed to be consistent with the Sonoma Valley County Sanitation District Code.
37. Adopt Appendix A (Recommended Rules for Sizing the
Water Supply System).
Adds guidance and requirements for sizing water supply systems not otherwise covered by the code.
38. [NEW] Adopt Appendix B (Explanatory Notes on
Combination Waste and Vent Systems)
Adds guidance sizing combination waste and vent systems not otherwise covered by the code.
39. Adopt Appendix D (Sizing Stormwater Drainage Systems) Adds guidance and requirements for sizing stormwater systems not otherwise covered by the code.
40. Adopt Appendix E (Manufactured/Mobile Home Parks and Recreational Vehicle Parks)
Provides requirements for Manufactured/Mobile Home and RV Parks not otherwise covered by the code.
41. Adopt Appendix H (Private Sewage Disposal Systems) Provides requirements for private sewage disposal systems (regulated and enforced by the Department of Health Services).
42. Adopt Appendix I (Installation Standards) Provides needed installation standards to complement the plumbing code.
43. [NEW] Adopt Appendix J (Combination of Indoor and
Outdoor Combustion and Ventilation Opening Design)
Provides an alternative design for combination of indoor and outdoor combustion and ventilation openings. 2022 California Fire Code
44. Adopt Appendix Chapter 4- Special Detailed Requirements Based on Use and Occupancy
Provides needed special detailed requirements based on use and occupancy for residential care facilities licensed by governmental agencies.
45. Adopt Appendix Chapter B – Fire Flow Requirements for Buildings
Provides a needed procedure for calculating the amount of water needed for firefighting purposes in portions of buildings or buildings hereafter constructed.
46. Adopt Appendix Chapter BB – Fire Flow Requirements for Buildings
Provides a needed procedure for calculating the amount of water needed for firefighting purposes for school buildings required by the Government Code.
47. Adopt Appendix Chapter C – Fire Hydrant Locations and Distribution
Provides needed recommendations for the locations and minimum distribution of fire hydrants.
48. Adopt Appendix Chapter CC - Fire Hydrant Locations and Distributions
Provides needed recommendations for the locations and minimum distribution of fire hydrants for school buildings required by the Government Code.
49. Adopt Appendix Chapter D Provides needed minimum specifications for fire apparatus access roads.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
50. Adopt Appendix Chapter E Provides needed additional information, explanations, and examples to illustrate and clarify hazardous material categories and classifications.
51. Adopt Appendix Chapter F Provides needed firefighter warning placard designations based on hazard classification categories.
52. Adopt Appendix Chapter H Provides a template for businesses when the type and quantity of hazardous materials stored requires a Hazardous Materials Management Plan and Inventory Statement
53. [NEW] Amend Subsection 101.1 – Title Names this section of the Ordinance “City of Sonoma Fire Code”
54. [NEW] Add Subsection 101.6 – Policy Manual Allows the SVFD to create and maintain a policy manual as supplemental instruction and interpretation to this code.
55. [NEW] Amend Subsection 103.1 – Creation of Agency Names the Sonoma Valley Fire District as the code official as it relates to the 2022 CA Fire Code.
56. [NEW] Amend Section 105.5.54 – Additional Permits Adds additional required (operational) permits – Needed to be consistent with local amendments to be adopted by other Sonoma County jurisdictions. Specifically permits for fuel cell power systems.
57. Amend Section 105.5.54 – Cannabis Amended to remove the term medical, and statement added when allowed by state and local zoning ordinance
58. Amend Section 1.5.5.54 – CUPA Permit Amended to add “CUPA Permit” as a required operational permit. “CUPA” means Certified Unified Program Agencies
59. Add a new Section 105.6.25 - Local Construction Permits Adds additional required construction permits - Needed to be consistent with local amendments to be adopted by other Sonoma County jurisdictions including a construction permit for gates across fire apparatus access roads
60. Add a new Section 107.7 – Cost Recovery Adds cost recovery language for fire suppression, investigation or emergency medical costs in accordance with Health and Safety Code Sections 13009 and 13009.1, and when costs are incurred by negligence or violation of law in accordance with Government Code Section 53150
61. Amend Section 112.4 – violation penalties Amends the code to establish violations thereof as a misdemeanor and that the penalties for violations thereof are set forth in Sonoma Municipal Code (SMC) Chapter 1.12. Needed to be consistent with SMC.
62. Add a new Subsection 112.5 – Authority to issue citations Adds language to clarify the ability for the Fire Chief and members of the Fire Prevention Bureau to issue citations pursuant to Section 836.5 of the California Penal Code.
63. Amend Section 113.4 – Failure to comply with stop work order
Amends the code to establish that a failure to comply with a stop work order is an infraction and the penalties are set forth in Sonoma Municipal Code (SMC) Chapter 1.12. Needed to be consistent with SMC
64. Amend Section 202 to add the definition of "ADDITION" Amends the code to provide a needed definition to be consistent with previous City ordinances and policies pertaining to fire sprinkler system requirements and triggers.
65. Amend Section 202 to add the definition of “NUISANCE ALARM”
Provide a needed definition to be consistent with local amendments and changes to model code language.
66. [NEW] Amend Section 202 to add the definition of
"REMODELED”
Provide a needed definition to be consistent with previous City ordinances and policies pertaining to fire sprinkler system requirements and triggers. Establishes the trigger for requiring a fire sprinkler system in existing buildings when cosmetic or structural repairs, renovations, restorations, alterations or additions to a structure, the total valuation of which, as determined by the building official, exceeds $150,000 for buildings containing residential uses or occupancies and $200,000 for all other occupancies over any 36-month period.
67. Amend Section 202 to add the definition of "STRUCTURE" Provide a needed definition to be consistent with previous City ordinances and policies pertaining to fire sprinkler system requirements and triggers.
68. Amend subsection 304.1.2 by adding subsection 304.1.2.1 - Combustible Vegetation
Provide a needed definition to be consistent with previous City ordinances and policies pertaining to weed abatement.
69. Add subsection 304.1.2.2 - Defensible space Provide a defensible space of not less than 30 feet between vacant lots and neighboring structures.
70. [NEW] Amend Subsection 308.1.6.3 –Sky Lanterns Makes it illegal to release sky lanterns (open flame) within the City limits.
71. [NEW] Add Subsection 311.3.1 – Removal of debris after a fire.
Requires 10 days following notification from the Fire Chief that all debris from a fire will be removed.
72. Add a new subsection 401.3.2.1 Provides for the ability for cost recovery for Nuisance fire alarms.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
73. Add a new Sub Section 401.3.2.2 – Multiple nuisance alarm activations
Provides the ability to require occupancies that experience multiple nuisance alarm activations in a 12-month period to modify, repair, upgrade or replace the fire alarm system or service.
74. Amend Section 403.1 Adds language requiring outdoor locations to comply with emergency preparedness, planning and training.
75. Amend subsection 501.1 – Fire service features. Authorizes the fire code official to authorize alternative design and construction features such as fire apparatus access roads, access to roofs, premises identification, key boxes, fire protection water supplies, fire protection equipment identification and access, etc., when done in accordance with Section 104.9 Alternative Materials and Methods. This code change is needed to provide flexibility in enforcement provided that the material, method or work offered is at least equivalent in quality, strength, effectiveness, fire resistance durability and safety.
76. Add a new subsection 503.2.6.1for evaluation and
maintenance of bridges.
Provides requirements for evaluation and maintenance of bridges for the safety of emergency responders.
77. Amend subsection 503.3 Amends No Parking marking requirements to be consistent with the California Vehicle Code to allow for proper enforcement.
78. Add subsection 503.2.7 for buildings located on slopes of greater than five percent (5%).
Adds needed requirement for additional fire protection measures, as the fire chief deems necessary to mitigate access constraints by building on slopes greater than five percent (5%).
79. Add a new Subsection 503.6.1– Width Adds subsection requiring gate entrances to be wider than the roadway to allow for emergency vehicle access – this is in alignment with Sonoma County Requirements.
80. Add a new Subsection 503.6.2– Setbacks Adds subsection requiring gates along public and private roads be set back to allow vehicles to clear the roadway and not obstruct traffic on the public roadway or emergency vehicle access.
81. Amend subsection 505.1 – Premises identification (including subsection modifications)
Amends the code to clarify that the City of Sonoma assigns address numbers and clarifies the criteria for address identification.
82. Add a new subsection 507.1.1 - Emergency water during construction.
Adds subsection to require emergency water system on-site prior to installing combustible construction.
83. Amend subsection 507.2.2 Water Tanks Amends the code to require instillation of water tanks to comply with National Standards and allows for a more cost-effective solution for 1 and 2 family dwellings.
84. Amend subsection 507.5.1 – Where fire hydrants are
required
Amends the code to continue the previous requirement for on-site hydrants (508.5.1)
85. Amend subsection 507.5.1.1 Hydrant for Fire Department Connections
Amends the code to match existing amendments requiring a fire hydrant within 50 feet of a buildings fire sprinkler connection.
86. Add a new subsection 507.5.7- Fire hydrant size and outlets Requires Fire hydrant size and outlets to comply with City of Sonoma standard plans
87. Add a new subsection 507.5.8- Fire hydrant street marker Requires Fire hydrant street markers to comply with City of Sonoma standard plans
88. Add subsection 901.11 - Notice of Nuisance Alarm Amends the code to establish a procedure for written notification of a nuisance alarm. Needed to enforce penalties for false fire/smoke/sprinkler alarms.
89. Add section 901.12- Unreliable Fire Alarm Systems Amends the code to establish procedures and penalties for false fire/smoke/sprinkler alarms.
90. Add Subsection 901.12.1 – Hearing on Notice Provides a procedure and opportunity to a building owner to dispute a notice of nuisance alarm.
91. [NEW] Amend subsection 903.2 - Fire Sprinklers - Where Required
Amends the code to be consistent with previous City ordinances and policies pertaining to fire sprinkler system requirements and triggers. Ensures CA State laws designed to stimulate affordable housing are protected and addressed with exceptions.
Additionally protects property owners remodeling to comply with ADA requirements.
92. [NEW] Add Subsection 903.2.10.3 – Group S-2 public
parking garages
Requires a more robust and effective fire sprinkler system in public parking garages where vehicles powered by lithium, lithium-ion and other batteries are parked.
93. Amend subsection 903.3.7 - Fire department connections The purpose of this proposed code language is to take advantage of new technology designed to assure that fire department connections are useable when necessary. Fire department connections are typically necessary during times when the municipal Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
water supply is incapable of delivering normal flows and pressures. Such circumstances have been experienced by other communities during large fires and subsequent to seismic activity.
94. Amend subsection 903.4.2 - Alarms The proposed amendment provides clearer guidance to building owners, fire protection system designers and system installers.
95. Add a new Subsection 903.4.2.1 Relocates within the code an existing amendment that requires an interior bell when a fire sprinkler system activates.
96. [NEW] Amend Section 903.6 Clarifies fire sprinkler requirements for existing buildings and structures.
97. [NEW] 905.3 – Required Installations Clarifies when standpipe systems shall be installed in alignment with other amendments within this code.
98. Amend subsection 905.3.1- Height (Standpipes) Amends the code to consider the roof as an additional story for buildings three or more stories in height thereby expanding the class III standpipe system requirement
99. [NEW] Add Subsection 905.3.12 – Group S-2 public parking garages
Identifies the type and location of standpipes in newly constructed S-2 parking garages to provide the fire protection necessary to extinguish vehicle fires powered by lithium, lithium-ion and other batteries. 100. [NEW] Add a new Subsection 907.1.6 – Certification (fire alarm systems)
Requires new fire alarm systems to be UL-Certified. Provides for a more reliable fire alarm system. 101. [NEW] Add a new Subsection 907.1.6.1 – Posting of
Certification (fire alarm systems)
Requires new fire alarm systems have their required UL – certification posted on or near fire alarm panel. 102. Amend Subsection 907.6.6 – Monitoring Amends the code to require Central Station Monitoring on new and upgraded fire alarm systems. Central Station monitoring (also required in the unincorporated areas of Sonoma County) provides for a more reliable fire alarm system. 103. [NEW] Add Subsection 910.2.3 lithium, lithium-ion and other batteries containing combustible electrolyte in
vehicles.
Require a mechanical smoke removal system in parking garages to ensure smoke and toxic gasses are removed to the exterior during a fire event. This will add additional protection to the occupants and first responders. 104. Amend Subsection 912.2 – Location Amends the code to ensure placement of required fire protection systems do not obstruct emergency vehicle access. 105. Add a new Subsection 914.12 through 914.12.2 Adds subsection defining fire protection requirements for new and existing type 3 wine caves. 106. Add section 3314.3 - Buildings under construction. Amends the code to provide an added measure of fire safety for buildings high buildings undergoing construction. 107. Add section 3314.4 - Buildings being demolished Amends the code to provide an added measure of fire safety during the demolition of multi-story buildings. 108. [NEW] Add Section 3901.4 – Technical Assistance Report Requires a technical assistance report for all new plant extraction and processing facilities. 109. [NEW] Amend Section 3903.2 – Prohibited Occupancies Does not allow extraction processing that utilizes flammable gasses ot liquids to be located in Assembly, Education, Institutional, and Residential Occupancies.
110. [NEW] Amend Subsection 3903.3 – Location Provides for safety and separation when hazardous processes are used in the extraction process. 111. [NEW] Amend Subsection 3903.5 – Use of flammable and combustible liquids
Regulates the location and type of equipment used when flammable and combustible liquids are used for extraction. 112. [NEW] Add Subsection 3903.5.1 – Electrical Components Regulates components and wiring and safety shut off within chemical flume hoods used for plant extraction. 113. [NEW] Add Subsection 3903.5.2 - Refrigerators, Freezers, and Cooling Equipment Regulates the listing and location of Refrigerators, freezers, and other cooling equipment used to store or cool flammable liquids and points to the California Electric Code.
114. [NEW] Amend Subsection 3903.6 – Liquefied Petroleum Gas
Regulates the release of LPG in compliance with additional referenced standards and other sections of this code. 115. [NEW] Add Subsection 3903.6.1 – Exhaust Requires an approved exhaust system when LPG extractions occur. 116. [NEW] Add Subsection 3903.6.1.1 – Installation The above exhaust systems (item 106) will be installed per the requirements of the California Mechanical Code. 117. [NEW] Add Subsection 3903.6.1.2 – Processes Requires LPG extraction processes be conducted under a hood, enclosure or room that is compliant with the CA Mechanical Code.
118. [NEW] Add Subsection 3903.6.2 – Electrical Systems Clarifies and points to new code amendments the electrical system requirements for plant extraction.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
119. [NEW] Add Subsection 3903.6.2.1 – Electrical Bonding & Grounding
Ensures all equipment and conductive objects are bonded and grounded in accordance with the California Electrical Code 120. [NEW] Add Subsection 3903.6.2.2 – Classified Areas Ensures special areas within a plant extraction hood or enclosure meet conditions required in the California Electrical Code. 121. [NEW] Add Subsection 3903.6.2.3 – Interlock Requires electrical lights and equipment will not operate unless the exhaust hood is running. 122. [NEW] Add Subsection 3903.6.2.4 – Emergency Power Requires emergency power in portions of the plant extraction process to enhance safety, 123. [NEW] Add Subsection 3903.6.2.5 – Gas Detection Systems Gas detection systems when required will not turn off when other equipment is off. 124. [NEW] Add Subsection 3903.7 – Carbon Dioxide Extraction Ensures amendments in this code are references in relation to CO2 plant extraction. 125. [NEW] Add Subsection 3903.7.1 – Storage and Handling CO2 Tanks must be secured to prevent falling. 126. [NEW] Add Subsection 3903.7.2 – CO2 Gas Detection Requires specific CO2 detection in compliance with other sections of this code. 127. [NEW] Add Subsection 3903.7.3 – CO2 Discharge Protects CO2 from being exhausted into the building or area. 128. [NEW] Add Subsection 3903.8 – Means of Egress Calls out specific requirements for exit access doors. 129. [NEW] Add Subsection 3903.9 - Signage Sets minimum size requirements for safety signage. 130. [NEW] Add Subsection 3903.9.1 – Safety Data Sheets Requires all materials safety data sheets are posted in an approved location. 131. [NEW] Add Subsection 3903.9.2 – Warning Signage Requires applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment. 132. [NEW] Amend Subsection 3904.2.2.3 – Site Inspection Allows for an inspection by specialized personnel prior to operation of plant extraction facilities. 133. [NEW] Add Subsection 3904.3 – Change of Extraction Medium
Requires revision of any technical reports when the medium of extraction is changed. 134. Add Subsection 5608.1.2 Permit Required Adds code language pointing to the City Municipal Code requiring a permit for fireworks displays. 135. Add Section 5608.2 – Limitations Adds code language pointing to the City Municipal Code regarding the prohibition of possession, storage, use or sale of fireworks.
136. Add section 5704.1.1 - Tanks Storage prohibited Amends the code to remove the threat of fire and explosive danger from tank storage of class I and II liquids in mercantile, commercial and residential parcels.
137. Add Section 5704.1.2 - Tank Storage - Other locations Amends the code to assure that new tank installations meet current safety requirements for class I and II liquids. Additionally existing tanks in approved locations must meet the same safety requirements within one year. 138. Add Section 5704.1.3 - Existing Tank Storage Amends the code to upgrade existing tank installations to meet current safety requirements for class I and II liquids. 139. [NEW] Amend Subsection 5806.2 – Limitations Aligns the limitations of flammable and cryogenic fluids with city land use and zoning standards. 140. [NEW] Add Subsection 6104.2 Maximum Capacity Within Established Limits
Aligns the limitations of liquefied petroleum gas with city land use and zoning standards. 141. Add Section 6107.5 - Seismic Anchoring Amends the code to require approved seismic anchoring for installed propane/LPG gas containers 142. Amend the definition of FIRE-FLOW in Appendix B,
subsection B102.
This revision clarifies where the pressure for fire-flow is measured. 143. Amend the definition of FIRE-FLOW CALCULATION
AREA in Appendix B, subsection B102.1
Floor area was clarified to provide consistency in calculating fire flow. 144. Amend Appendix B, subsection B105.1 – Fire flow for oneand two-family dwellingsThis is amended to increase the minimum required fire-flow from 1000 to 1500 gallons per minute. The language to reduce fire-flow requirements based on sprinkler system installation is not automatic. 145. Amend Appendix B, subsection B105.2 – Fire flow for buildings other than one-and two-family dwellings
The language to reduce fire-flow requirements based on sprinkler system installation is not automatic. 146. Amend Appendix B, Table B105.1 by deleting footnote a). This prevents a reduction in needed fire-flow for residential structures.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
147. Amend Appendix C, subsection C102 - Fire Hydrant
Locations
Amends the code to continue to standardize the location of fire department connections for more efficient fire scene operations.
148. Amend Appendix D, Section D101 - Fire apparatus access roads
Amends the code to allow the fire code official some flexibility when done in accordance with section 104.9 Alternative Materials and Methods. Flexibility in enforcement provided that the material, method or work offered is at least equivalent in quality, strength, effectiveness, fire resistance durability and safety. 149. Amend Appendix D, subsection D103.1 - Access road width with a hydrant
Amendment allows local authorities to determine fire department access specifications instead of the International Fire Code. 150. Amend Appendix D, subsection D103.2 - Grade of fire apparatus access roads
The grade of fire apparatus access roads is specific to the type of equipment available and should be determined locally. 151. Amend Appendix D, subsection D103.3 - minimum turning radius
Turning radius is specific to the fire apparatus used.
152. Amend Appendix D, subsection D103.4 - Dead-end fire apparatus access roads
This change allows a local jurisdiction to determine dead-end requirements for width and turnaround provisions. 153. Amend Appendix D, subsection D103.4 by deleting Table D103.4
Allows local standards
154. Amend Appendix D, subsection D103.6 - NO PARKINGFIRE LANE signsChange allows local jurisdiction to apply the sign requirements of the California Vehicle Code in design and placement rather than basing it on solely on road width.
155. Amend Appendix D, subsection D104.2 by deleting
exception to D104.2
The exception provided for a reduction in fire department access in structures with a gross building area up to 124,000 square feet.
156. Amend Appendix D, subsection D106.1 – Fire apparatus access roads for multi-family projects having more than 50 dwelling units
Modifies when two fire apparatus access roads are required – Changes the requirement from 100 dwelling units to 50 dwelling units.
157. Amend Appendix D, subsection D106 by deleting subsection D106.2
This section referred to projects of 200 or more dwelling units and repeats the two access requirement regardless of sprinklers 158. Add Appendix D, subsection D106.4 – Fire apparatus access roads for multi-residential projects having more than 50 dwelling units
Amends the code to allow fire department access for emergency operations and/or evacuations. 159. Amend Appendix D, subsection D107 -– Fire apparatus access roads for projects having more than 50 dwelling units Amends the code to allow fire department access for emergency operations and/or evacuations. 2022 California Green Building Standards Code
160. Adopt by reference and add Appendix Chapter A4
(Residential Voluntary Measures) and Appendix Chapter A5 (Nonresidential Voluntary Measures) of the 2022 California Green Building Standards Code appendices.
These appendices provide the prerequisite and applicable elective measures to achieve the Tier 1 level of compliance. The tier 1 requirements (excluding Tier 1 - Energy measures) are recommended to promote a higher level of sustainability in construction while maintaining the cost effectiveness of energy code requirements set forth by the California Energy Commission.
161. Amend Section 301 – Requires mandatory compliance with Tier 1 status of the code except for energy efficiency
provisions and additions and alterations.
Amends the code to require that the prerequisite and applicable elective measures to achieve Tier 1 status, as specified in the code become mandatory for all new buildings except that the Energy Efficiency Measures in Appendix A4 Division A4.2 and Appendix A5 and Division A5.2 need not be met. Tier 1 Energy measures would be very costly to implement given the recent increase in the mandatory energy requirements of the 2022 California Energy Code. This amendment is recommended to promote a higher level of sustainability in construction while maintaining the cost effectiveness of energy code requirements set forth by the California Energy Commission. This amendment also stipulates that the additional CALGreen Tier1 requirements do not apply to additions and alterations.
The application of additional Tier 1 requirements would be very difficult to comply with for existing buildings.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
This amendment establishes green building requirements that are more restrictive than what is otherwise required by state law and are in substantial conformance with what is being recommended for adoption by the majority of other building officials throughout Sonoma County. This code amendment will help provide regional consistency of green building regulations. 162. Amend the title and explanatory note of Appendix A4. Clarifies the title to reflect that the appendix provides supplementary residential mandatory and elective measures rather than voluntary measures.
163. Amend Appendix Section A4.201.1 This change is needed to clarify that the provisions contained in Appendix A4 Division A4.2 (Energy Efficiency Measures) are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
164. Amend Item 2 in Appendix Section A4.601.4.2 This amendment clarifies that the Tier 1 Energy Efficiency measures do not apply. 165. Amend the note in the last paragraph of Appendix Section A4.601.4.2
This amendment clarifies that the building department may develop and require completed forms to show CALGreen compliance.
166. Delete Appendix Section A4.602 (Residential Occupancies Application Checklist)
Checklists for CALGreen +Tier 1 will be customized for the City of Sonoma, therefore, the code provided checklist is not needed.
167. Delete Appendix Division A4.7 This deletes a division which contains a model ordinance which is not necessary in the code. 168. Amend the title and explanatory note of Appendix A5 Clarifies the title to reflect that the appendix provides supplementary nonresidential mandatory and elective measures, rather than voluntary measures.
169. Amend Appendix Section A5.201.1 This change is needed to clarify that the provisions contained in Appendix A5 Division A5.2 (Energy Efficiency Measures) are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
170. Amend Appendix Section A5.601.2.3 This change is needed to clarify that the provisions contained in Appendix A5 Division A5.2 (Energy Efficiency Measures) are entirely voluntary and are intended only as a means to encourage buildings to achieve exemplary performance in the area of energy efficiency.
171. Amend the first paragraph in Appendix Section A5.601.2.4 The amendment is needed to clarify that the Tier 1 requirements are not voluntary. 172. Delete Appendix Section A5.602 (Nonresidential
Occupancies Application Checklist)
Checklists for CALGreen +Tier 1 will be customized for the City of Sonoma, therefore, the code provided checklist is not needed.
2022 California Existing Building Code
173. Amend subsection 506.1. and delete subsection 506.1.1 related to a change of occupancy in existing buildings.
This amendment is necessary to clarify that the requirements of the California Existing Building Code apply to buildings undergoing a change in use or occupancy. It also clarifies that the structural requirements of Chapter 16 of the California Building Code do not apply to existing buildings undergoing a change of use unless otherwise required by section 506.4 of the California Existing Building Code. The change is needed to clarify the scope and application of the California Existing Building Code as it applies to a change of use or occupancy. 174. Adopt Appendix Chapter A1 – Seismic Strengthening
Provisions for Unreinforced Masonry Bearing Wall
Buildings
This appendix chapter is needed to provide appropriate alternative design criteria and requirements for Seismic Strengthening of for Unreinforced Masonry Bearing Wall Buildings and provide conformance with the City’s Unreinforced Masonry Building ordinance (SMC Chapter 14.24).
175. Adopt Appendix Chapter A2 – Earthquake Hazard
Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms
This appendix chapter is needed to provide appropriate alternative design criteria and requirements for the reduction of earthquake hazards in certain existing reinforced concrete and reinforced masonry wall buildings. This appendix chapter can be used as alternative structural provisions for buildings subject to Chapter 14.24 of the Sonoma Municipal Code - Review, Rehabilitation and Abatement of Existing Seismically Unsafe Buildings. 176. Adopt Appendix Chapter A3 – Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate
Anchorage of Light Wood-Frame Residential Buildings
This appendix chapter is needed to provide appropriate alternative design criteria and voluntary requirements for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light Wood-Frame Residential Buildings.
Agenda Item #6.1:
ATTACHMENT B
Reasons for Local Amendments
Code / Action / Section to be Added or Amended
[NEW] Identifies a substantive new amendment
not previously adopted by the City Council.
Reason for Amendment
177. Adopt Appendix Chapter A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or
Open Front Walls.
This appendix chapter is needed to provide appropriate alternative design criteria and voluntary requirements for Earthquake Risk Reduction in Wood-Frame Residential Buildings with Soft, Weak or Open Front Walls. 178. Amend the first sentence in Appendix Chapter A3 Section A301.2 regarding Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and Sill Plate Anchorage of Light Wood-Frame Residential Buildings
This amendment is needed to establish that the provisions of Appendix Chapter A3 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light Wood-Frame Residential Buildings) are voluntary. 179. Amend the first sentence in Appendix Chapter A4 Section A401.2 regarding Earthquake Risk Reduction in WoodFrame Residential Buildings with Soft, Weak or Open Front Walls.
This amendment is needed to establish that the provisions of Appendix Chapter A4 (Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light Wood-Frame Residential Buildings) are voluntary.
Agenda Item #6.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
David J. Ruderman, Assistant City Attorney
Agenda Item Title
Consideration, Discussion, and Possible Action to:
1) Introduce an Ordinance Amending Sections 2.44.010, 2.48.020, 2.50.020, 2.56.020,
2.60.020, and 10.12.080 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions and Committees; and 2) Adopt a Resolution Amending the Council Commission and Committee Appointment Policy and the Commission Application
Summary
On September 21, 2022, the City Council considered amendments to the Commissions and Committee Appointment Policy. Areas of discussion included the requirement that appointees be qualified electors of the City, the length of time applications are kept on file, the addition of youth members on all Group B commissions, and how residency is verified. The Commission Application was also discussed with recommended amendments being directed to staff.
The City Council asked the City Clerk to poll the other Sonoma County Cities to see how they handled the proof of residency, as well as whether they had a requirement that commissioners be qualified electors.
None of the cities, with the exception of Santa Rosa, require their commissioners to be qualified electors. Santa Rosa is going through a charter review and it is one of the items that they believe from the discussions that the requirement will be removed. In regards to proof of residency, none of the cities require physical proof. Three of the City Clerks responded that when their application is signed, the applicant is attesting that the information is true and correct.
In response to the council direction and comments at the September 19th meeting, staff has completed the following items for consideration. If the Council requests additional changes, these will be incorporated in the final documents.
MUNICIPAL CODE CHANGE
For City Council consideration, staff has prepared a draft ordinance to amend the municipal code enacting the following changes:
1. Adding a member to each Group B commission to accommodate the addition of a non-voting youth member.
2. Changed the requirement that commissioners be a qualified elector of the City to a resident of the City or Sonoma Valley as defined in the Commission and Committee Appointment Policy.
Agenda Item #6.2:
POLICY AMENDMENTS
As shown in the redline version attached, the Commission and Committee Appointment Policy was amended as follows:
1. Applications will remain on file and considered active for one year from the time of receipt.
2. When a vacancy occurs on a commission, the City Clerk will review on-file applications for interested applicants prior to opening a recruitment.
3. Youth members added to all Group B commissions and committees.
4. The term "qualified elector" has been replaced with "resident".
5. Proof of residency is defined.
COMMISSION APPLICATION
Staff has reviewed the applications of other cities, and in conjunction with Council's comments, have made the following changes to Sonoma's application.
1. Added the ability to name multiple commissions of interest.
2. Removed questions regarding voter registration status.
3. Removed questions regarding Statements of Economic Interest, including home ownership or lease.
The Commission application amendments will require a development change by our agenda and commission management provider, so there may be a delay in seeing that physical change. Once the Council finalizes the application, we will work with them to make the changes as soon as possible in anticipation of the upcoming recruitment.
Recommended Council Action
Staff recommends that the City Council review the policy, including the areas discussed above, and provide direction to staff.
Alternative Actions
Council discretion.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance
Resolution Policy Changes
Redline - Council Policy
Commission Application
Agenda Item #6.2:
City of Sonoma
ORDINANCE # _____-2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SECTIONS 2.44.010, 2.48.020, 2.50.020, 2.56.020, 2.60.020, AND 10.12.080 OF THE
SONOMA MUNICIPAL CODE PERTAINING TO THE COMPOSITION OF AND ELIGIBILITY REQUIREMENTS FOR THE CITY’S COMMISSIONS
The City Council of the City of Sonoma does ordain as follows:
Section 1: Section 2.44.010 of the Sonoma Municipal Code is hereby amended to read as follows:
2.44.010 Composition – Planning Commission.
The planning commission shall consist of seven voting members who at are at least 18 years of age. , six of whom At least six voting members shall be qualified electors residents of the city of Sonoma. The remaining voting member may be a qualified elector in resident of the Sonoma Valley, as defined by the council commission and committee appointment policy. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. No person shall be elected, appointed, reelected, or reappointed as chair or vice chair of the planning commission, unless such person is a qualified elector resident of the city. Any person so elected or appointed shall maintain city residence as a qualification for the office, and upon loss of such residence, shall vacate the office.
Section 2: Section 2.48.020 of the Sonoma Municipal Code is amended to read as follows:
2.48.020 Composition – Parks, Recreation, and Open Space Commission.
The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composed of seven members. Five of the commission members shall be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission. At least four voting members shall be residents qualified electors of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two non-voting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.
Section 3: Section 2.50.020 of the Sonoma Municipal Code is amended to read as follows:
2.50.020 Composition – Climate Action Commission
The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and
any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composed of seven members. Five of the commission members shall
Agenda Item #6.2:
be voting members who are at least 18 years of age, with each city council member making one direct appointment to the commission. At least four voting members shall be residents qualified electors of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy.
One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment. The two nonvoting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.
Section 4: Section 2.56.020 of the Sonoma Municipal Code is amended to read as follows:
2.56.020 Composition – Cultural and Fine Arts Commission.
The cultural and fine arts commission shall consist of seven voting members who are at least 18 years of age. All members, who shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. At least six voting members shall be qualified electors residents of the city. The remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy.
Section 5: Section 2.60.020 of the Sonoma Municipal Code is amended to read as follows:
2.60.020 Composition – Design Review and Historic Preservation Commission.
The design review and historic preservation commission shall consist of five voting members who are at least 18 years of age. All members, who shall be appointed and hold office in accordance with Chapter 2.40 SMC and rules and procedures established by city council resolution. At least four voting members shall be residents qualified electors of the city. The other remaining voting member may be a resident qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. The members of the commission shall include persons who have demonstrated special interest, competence, experience or knowledge in the following areas: historic preservation, cultural geography, or other historic preservation-related discipline; architecture and architectural history; prehistoric and historic archaeology; urban planning; landscape architecture; or related disciplines, to the extent such persons are available in the community. All members must have demonstrated interest in and knowledge of the cultural heritage of the city.
Section 6: Section 10.12.0808 of the Sonoma Municipal Code is amended to read as follows:
10.12.080 Traffic Safety Committee is Established
The traffic safety committee shall consist of five voting members who are at least 18 years of age. All members shall be appointed and hold office in accordance with the applicable provisions of Chapter 2.40 SMC and rules and procedures established by city council resolution. appointed in accordance with SMC 2.40.100. At least four voting of the members shall be qualified electors residents of the city. The remaining voting member may be a resident of Sonoma Valley, as defined by the council commission and committee appointment policy.
Section 6: Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid and/or unconstitutional by a court of competent Agenda Item #6.2:
jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
The city council hereby declares that it would have passed and adopted this chapter and each of the provisions thereof irrespective of the fact that any one or more of said provisions be declared invalid and/or unconstitutional.
Section 7: Effective Date. This ordinance shall take effect thirty (30) days after passage thereof.
Section 8: Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).
********
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Sonoma City Council held on the 19th day of October 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the _______ day of ______, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jack Ding, Mayor
ATTEST:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:
City of Sonoma
RESOLUTION #____- 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING
REVISIONS TO THE COUNCIL COMMISSION AND COMMITTEE APPOINTMENT POLICY WHEREAS, at the meeting of November 6, 2017, the City Council adopted a new Commission and Committee Appointment Policy; and
WHEREAS, this policy is followed in the appointment of new Commissioners; and WHEREAS, the Council directed changes to the policy on September 21, 2022; and WHEREAS, the policy needs to be updated to reflect these changes.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council that the following changes will be made to the Council Commissions and Committees Appointment Policy:
1. Applications will remain on file and active for twelve months
2. When a vacancy occurs, the City Clerk will review on-file applications before opening a recruitment
3. Youth members added to all commissions
4. The “qualified elector” requirement will be removed and replaced with “resident”
5. Proof of residency is defined
PASSED AND ADOPTED at a Regular Meeting of the City Council on October 19, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Jack Ding, Mayor
ATTEST:
______________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 1 COUNCIL COMMISSION AND COMMITTEE APPOINTMENT POLICY
Purpose:
Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. Advisory bodies assist the City Council in making the most informed decisions. The Sonoma Municipal Code provides for the establishment of advisory bodies including commissions and committees to advise the City Council and provide ongoing citizen input into policies and issues affecting the Sonoma Community.
The purpose of this Policy is to outline those Council policies pertaining to the City’s Commissions and Committees and set forth a structure that encourages meaningful involvement by the community in decision-making.
I. Definition - Types of Commissions and Committees
A. Group A – Regional/Valley Committees and Commissions Regional/Valley Committees and Commissions refer to those commissions, boards, and committees which are governmental entities separate and apart from the City of Sonoma, and/or boards whose jurisdiction extends beyond the City of Sonoma. The City Council is authorized to make an appointment or appointments to these boards, commissions and/or committees. These commissions, boards and committees shall be referred to as the “Group A Commissions” and identified in Exhibit A.
B. Group B – City Commissions and Committees
City commissions and committees are those bodies formed by the City Council which are assigned duties and responsibilities particular to the City of Sonoma and whose jurisdiction is limited to the matters and affairs of the City of Sonoma. These commissions and committees shall be referred to as the “Group B Commissions” and identified in Exhibit B.
II. Applications for City Committees and Commissions or Regional/Valley Committees and Commissions
A. Application Process
1. Anyone interested in being considered for service on a Group A or Group B Commission shall submit an application for appointment or for reappointment indicating an interest in serving. The application can be filled out online or filled out in hard copy format and submitted to the City Clerk’s office within the time prescribed by the City Clerk. Applications are maintained on file in the City Clerk’s Office for twelve months from the time of receipt and considered active.
2. Whenever a vacancy occurs on a Group A or Group B Commission, the City Clerk shall post a notice of vacancy notifying the public of the vacancy to be filled in compliance with the Maddy Act. Notwithstanding the noticing provisions of the Maddy Act, the City Manager may prescribe a different period of time than specified in the Maddy Act within which applications for said vacancy must be submitted to the City Clerk. The Maddy Act (Cal. Gov. Code 54974) outlines certain processes that must be followed in the instance of a vacancy on a commission.
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 2 3. Other than as otherwise specified in these policies, applicants may be selected to a Group B Commission without being informally or formally interviewed.
II. Appointment Process for Group A Commissions.
A. Utilize the Mayoral Appointment Process
1. Vacancies on Group A Commissions shall be filled by nomination of the Mayor and ratification by the City Council. Upon learning that a vacancy has occurred or will occur on one or more of the Group A Commissions, the City Clerk shall review applications on file for interested applicants. Any responsive applications will be forwarded to the Mayor. If there are none, the City Clerk will solicit applications.
When the application period is complete, the City Clerk will then compile a list of all qualified applicants and email that list as well as their applications to the Mayor. As soon as is reasonably practicable, the Mayor shall select another councilmember (“co-councilmember”) to serve as a Council committee to interview the qualified applicants whose names appear on the list. These interviews may occur without compliance with the Ralph M. Brown Act and shall be based on questions that the Mayor and the co-councilmember, collaborating with Staff, deem appropriate. Every reasonable effort should be made to pose the same or substantially similar questions to each interviewed candidate. After consultation with his/her co-councilmember, the Mayor will determine the person he/she wishes to appoint to the vacant position. The Mayor shall notify the City Clerk and City Manager of the name of the final candidate for release in final agenda packet.
2. With respect to the Council meeting at which the Mayor’s nomination shall be considered by the Council, the staff report shall include a list of all the interviewed candidates and links to copies of the applications submitted by each. The name of the Mayor’s nominee shall be identified in the staff report
3. At the Council meeting at which the Mayor’s nominee shall be considered for ratification by the Council, the Mayor shall announce his/her nominee and articulate the reasons for the nomination. In the event the Mayor’s nominee is not ratified by the Council, the Mayor shall be entitled to nominate a different person from the list of candidates included with the staff report. If the Mayor’s second nominee fails to be ratified, the Mayor shall be entitled to nominate a third person from the list of candidates, and so on until the Mayor’s nominee is ratified, the list is exhausted, or the Mayor declines to continue making nominations, whichever comes first.
III. Appointment Process for Group B Commissions.
A. Individual Council Member Appointments
1. Each Council Member shall be entitled to appoint one member of each of the Group B Commissions. No formal interview process by the Council is required. It shall be left to the sole discretion of each Council Member as to the nature and scope of any interview or investigation into the qualifications and/or background of the candidates.
However, only persons whose names appear on said list and who have timely submitted applications may be considered for appointment. Upon the vacancy or likely vacancy of a position on a Group B Commission, and generally at least 15 days, but no less than 7 days, the Council meeting at which a candidate is to be selected to fill the vacancy, the City Clerk shall email a list of all of the qualified applicants for that position, along with their applications, to each Council Member.
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 3 2. The order in which individual Council Members shall be entitled to select persons to fill vacant positions on Group B Commissions will be determined by a random draw.
The random draw shall determine the order (“rotation order”) in which each Council Member is entitled to pick his/her candidate for each of the Group B Commissions.
In short, there will be a separate appointment order for each of the Group B Commissions, which shall remain in place until changed by vote of the members of the Council. In the event that a single Council Member resigns, fails to be re-elected, or whose position is otherwise vacated, his/her successor Council Member shall take the place in the rotation order enjoyed by his/her predecessor Council Member. In the event that more than one Council Member position becomes vacant for any reason at the same time, the successors to those positions shall step into the rotation order based upon a flip of the coin, drawing of straws, or some other random procedure that is governed by luck.
3. The City Clerk shall keep a record of the appointments and the Council Member’s (and his/her successor’s)1 rotation order.
4. Whenever a member of a Group B Commission who is appointed by an individual Council Member vacates his/her office for any reason, the Council Member who made the appointment shall be entitled to make the appointment to fill that vacancy.
B. At-Large and Non-Voting Youth Members Selected by Majority Vote of Council
1. Excluding alternates, each member of a Group B Commission who is not selected by the individual Council Member appointment process described in section III A above, (“At-Large” positions or members and non-voting Youth member), shall be selected by a majority vote of the City Council. These positions shall be filled at a noticed public meeting of the City Council. The staff report submitted for these appointment(s) shall include the list of all candidates as well copies or links to each of their applications.
IV. Alternates and Youth Members.
A. Alternates on Group B Commissions
1. The City Council, by majority vote, shall appoint one alternate member to each Group B Commission. The alternate member shall be in addition to the other, regular number of members (“regular members”). These alternate positions shall be filled at a noticed public meeting of the City Council. The staff report submitted for these appointment(s) shall include the list of all candidates as well copies or links to each of their applications.
2. Like regular members, the alternate shall attend the regular meetings and special meetings of the Commission to which he/she is appointed. The alternate shall review staff reports and documents and otherwise prepare in preparation for the meetings.
The alternate will be identified for the record and will publicly announce any items on the agenda that he/she is disqualified from participating in because of a conflict of interest. If, as a result of absences, one or more regular members cannot participate at a regular or special meeting, the alternate shall move to any vacant seat and shall participate as a regular member until the completion of the agenda item for which the regular member was absent. If the alternate participates due to a conflict of interest of a regular member, the alternate shall participate as a regular member only until 1 Hereinafter, whenever reference is made to a councilmember, it shall also refer to that councilmember’s successors – as determined in accordance with these policies.
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 4 the affected item is completed. In the event an absent member arrives after the commencement of an agenda item, the alternate shall participate as a regular member until the completion of that item, at which time the alternate shall move back to the alternate’s seat and shall stop participating as a regular member. In the event an item on which the alternate member has participated as a regular member is continued to a subsequent meeting, the alternate shall continue to participate as a regular member on the item at any and all subsequent meetings.
3. The qualifications, appointment, term of office, attendance, removal and other requirements applicable to the alternate shall be the same as those for At-Large members of the Group B Commission, except that the alternate position may be filled only by a qualified resident elector of the City of Sonoma. The alternate shall also be subject to the requirements of and shall abide by the Ralph M. Brown Act, the Political Reform Act of 1974 and other law applicable to the regular members of the Group B Commission.
4. The alternate to a Group B Commission, if willing to accept the position, shall automatically fill a vacancy of an At-Large position on the commission when the vacancy is created by the resignation, removal or expiration of the term of office of the At-Large commissioner, whether or not that At-Large commissioner is a qualified elector resident of the City. The alternate shall serve out the remaining term of office of the At-Large commissioner whose position the alternate fills. Said ascension to the vacant position shall be temporary and once the person appointed by the Council or a councilmember to fill that position is sworn in, the alternate shall step down and resume his/her office as an alternate. If an alternate who is otherwise qualified to fill such a vacancy declines to do so, then that temporarily vacant position shall be filled pursuant to the procedures applicable to the position.
5. The alternate to a Group B Commission, if willing to accept the position, shall automatically fill a vacancy on the commission when said vacancy is created by the resignation, removal or expiration of the term of office of a commissioner appointed by a single councilmember, whether or not that commissioner is a qualified elector resident of the City. Ascension to the vacant position shall be temporary and once the person appointed by the councilmember is sworn in, the alternate shall step down and resume his/her office as an alternate. If an alternate who is otherwise qualified to fill such a temporary vacancy declines to do so, then that temporarily vacant position shall be filled pursuant to the procedures applicable to the position.
6. An alternate who declines to fill a vacancy shall continue serving as an alternate to the Group B Commission on which he/she sits under the same terms and conditions upon which he/she began his/her service.
B. Youth Members on Group B Commissions
1. The City Council, by majority vote, shall appoint one non-voting Youth member to each Group B Commission. The Youth member shall be in addition to the other, voting members and alternates. These non-voting Youth member positions shall be filled at a noticed public meeting of the City Council. The staff report submitted for these appointment(s) shall include the list of all candidates as well copies or links to each of their applications. The non-voting youth member shall be at least 14 years of age, but no older than 18 years of age at the time of appointment and shall be a resident of the city or Sonoma Valley, as defined herein.
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 5 V. Terms of Office for Commissioners Selected by Council A. No Term Limit for Commissioners
1. There shall be no limit on the number of years or time a person selected by the Council may serve as a commissioner or alternate on a Group B Commission.
2. Unless the Group A Commission has preset term limits, there shall be no limit on the number of years or time a person nominated by the Mayor and ratified by the Council may serve as a commissioner or alternate on a Group A Commission.
3. For persons appointed to serve as commissioners on Group A or Group B Commissions through the mayoral process or by majority vote of the members of the Council their terms of office shall begin on February 1 of the year nearest to the date on which they were sworn into office. For example, a person who is appointed to a Group A Commission and who is sworn in on May 1, 2018, shall begin serving upon being sworn, but be deemed to have commenced office on February 1, 2018. A person who is appointed to a Group A Commission and is sworn in on November 1, 2017, shall begin to serve on that commission immediately upon being sworn in, but his/her term of office shall, as stated above, be deemed to commence on February 1, 2018.
4. With the exception of the Community Services and Environment Commission (CSEC) Youth member of each Group B Commission, the terms of office of persons appointed to serve as commissioners on Group A or Group B Commissions through the mayoral process or by majority vote of the members of the Council shall be two years, to coincide with city council elections, or as set by the commission/committee in the case of a Group A appointment.
5. The CSEC Youth member of each Group B Commission shall be appointed to serve a term of one year, beginning August 1 through July 31.
VI. Terms of Office of Persons Appointed by Individual Councilmembers A. Terms of Office of Persons appointed by Individual Council members shall be as follows:
1. Assuming a Council member serves a full four-year term, their appointees are entitled to serve a four-year term coterminous with the Council member’s term.
Should a Council member be re-elected for a subsequent term, the Council member may choose to re-appoint the same appointee or may choose to appoint a different person as the Council member’s second term starts. Any advertising of the appointment shall note that there is an incumbent who may be re-appointed.
2. If a Council member leaves office before their term concludes, the departing Council members’ appointee can remain on the Group B commission until such time as the appointee is re-appointed or replaced by the Council member newly-elected to the departing Council member’s seat. Following the seating of a new Council member to the departing Council member’s seat, the new Council member can make a new appointment to the Group B Commission that is coterminous with the new Council member’s term of office.
VII. Commission Serves Until Replacement Has Been Sworn In A. Commissioners Serve Until Replaced
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 6 Notwithstanding the fact that a commissioner’s term of office may have otherwise expired pursuant to the policies adopted herein (including pursuant to section VI.A.1. above), that commissioner shall still be entitled to attend the meetings of the commission on which he/she serves, participate as a regular member of that commission, vote on all items brought before the commission, and otherwise discharge the duties and perform the obligations of regular members until the person selected to replace the commissioner has been sworn in and assumes the full duties of a regular member of the commission.
VIII. Non-Resident Appointees
As to those commission positions which may be filled by appointees who are not qualified electorsresidents of the City, they must be filled by appointees who reside and are qualified electors in the Sonoma Valley. For purposes of this policy, “Sonoma Valley” means the area within the Sonoma Valley Unified School District (Exhibit C).
IX. Proof of Residency
By signing the commission application, the applicant is making a declaration that the information is true and correct. If residency is challenged, applicant will be asked to furnish proof of residency in a form sufficient to satisfy challenge (i.e., lease agreement, utility bill, bank statement).
Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 7 EXHIBIT A
GROUP A COMMISSIONS – REGIONAL/VALLEY
1. Sonoma Valley Citizen’s Advisory Commission - 3 Commissioners/1 Alternate and Nonvoting Members: 1 Emeritus member who must be a former Commissioner or alternate, and 1 Ex-Officio and 1 Ex-Officio Alternate who must be a Councilmember, Planning Commissioner or Planning Staff member.
2. Oversight Board of the Successor Agency of the Former Redevelopment Agency of the City of Sonoma – 1 Member/1 Alternate and 1 Employee Representative/1 Alternate
3. Sonoma Community Housing Corporation Board
4. Sonoma County Library Commission – 1 Commissioner
5. Marin/Sonoma Mosquito and Vector Control District Board – 1 Member
6. County-Wide Bicycle and Pedestrian Advisory Commission – 1 Member
7. Sonoma County Sustainable Groundwater Management Advisory Committee – 1 Member Agenda Item #6.2:
Adopted February 5, 2018 / Revised: September 5, 2018 / April 19, 2021 / August 3, 2022 8 EXHIBIT B
GROUP B COMMISSIONS – CITY
1. Planning Commission – 7 Commissioners/1 Alternate/1 Non-Voting Youth
2. Climate Action Commission – 5 Commissioners/1 Alternate/1 Non-Voting Youth
3. Cultural and Fine Arts Commission – 7 Commissioners/1 Alternate/1 Non-Voting Youth
4. Parks, Recreation, & Open Space Commission – 5 Commissioners/1 Alternate/1 NonVoting Certified Arborist/1 Non-Voting Youth
5. Design Review and Historic Preservation Commission – 5 Commissioners/1 Alternate/1 Non-Voting Youth
6. Traffic Safety Committee – 5 Members/1 Alternate/1 Non-Voting Youth Agenda Item #6.2:
Revised 10/19/22
THIS DOCUMENT AND ITS ATTACHMENTS ARE AVAILABLE FOR PUBLIC INSPECTION SUBMIT COMPLETED APPLICATION ALONG WITH A CURRENTRESUME TO:
CITY CLERK * NO. 1 THE PLAZA * SONOMA CA 95476
City of Sonoma
COMMISSION APPLICATION
[email protected]
COMMISSION OF INTEREST:
If not appointed to your first choice, are you interested in serving on another City Commission or Committee? If so, which one(s)? ARE YOU APPLYING FOR A YOUTH POSITION? YES NO (If YES, you must be between the ages of 14 ‐ 18) NAME:
ADDRESS:
MAILING ADDRESS:
PHONE: ALTERNATE PHONE:
EMAIL:
ARE YOU A RESIDENT OF THE CITY OF SONOMA?
IF NOT, ARE YOU A RESIDENT OF THE SONOMA VALLEY SCHOOL DISTRICT? OCCUPATION/PROFESSION:
EMPLOYER:
EDUCATIONAL BACKGROUND (High School, College, Professional, Vocational, or Other Schools Attended. Please include Major or Field of Study, Dates Attended, Degree and Date of Degree):
OTHER RELEVANT EXPERIENCE OR EXPERTISE:
LIST ANY INVOLVEMENT WITH CIVIC OR CHARITABLEORGANIZATIONS:
WHY ARE YOU INTERESTED IN SERVING ON A CITYCOMMISSION?
Agenda Item #6.2:
Revised 10/19/22
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? IF SO, HOW MANY? WHAT IS YOUR UNDERSTANDING OF THE ROLE AND RESPONSIBILITY OF THIS COMMISSION? WHAT WOULD BE YOUR GOAL(S) AS A COMMISSIONER?
WHAT DO YOU FEEL YOU COULD CONTRIBUTE TO SEE THESE GOALS REALIZED?
HAVE YOU PREVIOUSLY SERVED, OR DO YOU CURRENTLY SERVE, ON A SONOMA BOARD, COMMISSION OR COMMITTEE? IF YES, WHICH ONE(S) AND FOR WHAT PERIOD OF TIME? Is there anything else you would like us to consider when reviewing your application? I agree that all of the information contained in my responses to the questions on this application are true and accurate to the best of my knowledge. I also agree that if appointed, I will serve on the commission/committee for which I have submitted this application. I further agree that, by signing below and submitting this application, online or otherwise, I am affixing my signature to this form as of the date submitted.
Applicant Signature Date
SUBMIT COMPLETED APPLICATION ALONG WITH A CURRENT RESUME TO:
CITY CLERK * NO. 1 THE PLAZA * SONOMA CA 95476 * [email protected] Submitted applications will be kept in the active file for one year Agenda Item #6.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Administration
Staff Contact
Sue Casey, Interim City Manager
Agenda Item Title
Council Discussion, Consideration and Possible Action to Appoint Two Additional Councilmembers to a Third Police Chief Interview Panel Sub-Committee Summary
The City of Sonoma has contracted with the Sonoma County Sheriff Department for City Police services since 2004. The current Police Chief, Orlando Rodriguez, has advised the City staff and Council that he is leaving his position on November 30, 2022.
Per the current Agreement for Law Enforcement Services between the City of Sonoma and the Sonoma County Sheriff's Office in section 9. d. Designation of Chief, the agreement states, "The Sheriff will coordinate the selection and appointment of the Police Chief with the City. The Sheriff will provide the City with a list of qualified candidates for the selection and the City Manager shall appoint the selected person as the Chief of Police in accordance with Law."
At the October 5, 2022 City Council meeting, staff let the City Council know that the Sonoma County Sheriff Department has identified candidates for the upcoming vacancy. This is a position where only qualified internal candidates apply. The Sheriff fully vets all candidates regarding previous experience, prior involvement with Sonoma and understanding of the City, positive recommendations, and most of all, interest. From the County’s qualified pool, there are two applicants.
Also, at the October 5 Council meeting, staff stated the City would follow the same procedure as the last two Police Chief recruitments. In order to ensure diverse representation of the community as well as highlight the unique characteristics of our City, the police chief candidates would meet with two interview panels:
1. Community panel comprised of Executive Leadership from our Community Partner agencies:
Sonoma Valley Unified School District Superintendent
Sonoma Valley Community Health Center Executive Director Sonoma Valley Chamber of Commerce CEO
Sonoma Community Center Executive Director
Sonoma Overnight Support Executive Director
2. Professional Panel:
Sonoma Valley Fire District Chief
City of Sonoma Events Manager
A Police Chief from another Sonoma County Contract City, as well as 2 City Council Members
Agenda Item #6.3:
Staff suggested that the current Council members who would be remaining in office after the November election, (Mayor Ding and Councilmember Lowe), participate in the Panel. Staff solicited questions and comments from the Council during the meeting, but there were no changes to the suggested process.
Following the meeting, City staff scheduled the panel interviews to take place on October 19, 2022 from 9am-noon at the Sonoma Police Station, confirmed candidate and panel participation and prepared facilitation for the interview process. These interviews took place this morning. Feedback from these panels will be provided to the City Manager to facilitate her decision in the Police Chief recruitment.
Mayor Ding, with counsel from the City Attorney, has requested this agenda item, to allow the full Council to discuss their views and ideas on public safety policy and to take possible action to appoint two Council Members to an additional Police Chief Interview Panel SubCommittee. The two-member Police Chief Interview Panel Sub-Committee, if formed, will interview the potential Police Chief candidates, and will provide additional input to the City Manager for the selection of the next City of Sonoma Police Chief.
Recommended Council Action
Staff recommends that Council consider, discuss and take possible action to appoint two council members to an additional Police Chief Interview Panel sub-committee.
Alternative Actions
Council discretion.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Alignment with Council Goals:
Not Applicable
Compliance with Climate Action 2020 Target Goals:
CC:
n/a
Agenda Item #6.3:
City of Sonoma
Commission Committee Roster ‐ September 30 2022
Commission / Committee First Name Last Name Notes ‐ Other Term End CFAC Deb Emerson Appointed by CM Harrington 1/31/2025
CFAC Steve Hagstrom Appointed by Previous
CM Harvey 1/31/2023
CFAC Lauren Kershner Appointed by Previous
CM Hundley 1/31/2023
CFAC Veronica Napoles Appointed by CM Agrimonti 1/31/2023 CFAC Constance Schlelein At‐Large Member 1/31/2023
CFAC Ryan Smull Alternate Member 1/31/2023
CFAC George Thompson Appointed by CM Ding 1/31/2025
CFAC Francie Ward At‐Large Member 1/31/2023
DRHPC Kelly Amar Appointed by CM Ding 1/31/2025
DRHPC Vickie Haraszthy Appointed by CM Lowe 1/31/2025
DRHPC Charles Cormany Appointed by CM Agrimonti 1/31/2023 DRHPC Christopher Johnson Appointed by Previous
CM Harvey 1/31/2023
DRHPC Micaelia Randolph Appointed by Previous
CM Hundley 1/31/2023
DRHPC Ahmad Jaharomi Alternate 1/31/2023
Planning Commission Matthew Wirick Appointed by CM Agrimonti 1/31/2023 Planning Commission Steve Barbose Appointed by Previous CM Harvey 1/31/2023
Planning Commission Robert (Bob) McDonald Appointed by Previous CM Harrington 1/31/2025
Planning Commission Larry Barnett Appointed by CM Ding 1/31/2025 Planning Commission William (Bill) Willers Appointed by Previous CM Barnett
1/31/2023
Planning Commission Ron Wellander At‐Large Member 1/31/2023 Planning Commission Sheila O'Neill At‐Large Member 1/31/2023 Planning Commission Alternate Member 1/31/2023
Traffic Safety Committee Yvonne Bowers Appointed by CM Agrimonti 1/31/2023 Traffic Safety Committee Nancy Parmelee Appointed by Previous CM Harrington 1/31/2025
Traffic Safety Committee Mark Demenno Appointment by CM Ding 1/31/2025 Traffic Safety Committee Appointment by previous
CM Hundley 1/31/2023
Traffic Safety Committee Armando Zimmerman Appointed by Previous CM Harvey 1/31/2023
Traffic Safety Committee Alternate 1/31/2023
Vacant
Vacant
Vacant
Agenda Item #10.1: