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Home My WebLink About2022-10-18; City Council; ; Introduce an Ordinance Adopting the 2022 California Fire Code, along with Local Amendments, and Set a Public Hearing for Nov. 8, 2022CA Review ___AF___ Meeting Date: Oct. 18, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Randy Metz, Division Chief randy.metz@carlsbadca.gov, 442-339-2661 Subject: Introduce an Ordinance Adopting the 2022 California Fire Code, along with Local Amendments, and Set a Public Hearing for Nov. 8, 2022 District: All Recommended Actions 1.Introduce an ordinance repealing existing Carlsbad Municipal Code, Chapter 17.04 (Fire Code) and adopting a new Chapter 17.04 (Fire Prevention Code) based on the 2022 edition of the California Fire Code. (Exhibit 1) 2.Schedule a public hearing for Nov. 8, 2022, to consider adoption of the ordinance. Executive Summary Every three years, the California Building Standards Commission updates the state’s model building codes, which includes the Fire Code. The Fire Code contains regulations intended to safeguard life and property from fires and explosions, dangers from hazardous materials and hazardous conditions in the use or occupancy of buildings and other sites. The commission has released the 2022 building codes, which become effective Jan. 1, 2023. Every city and county in the State has the option to either accept the California Fire Code as written, or add amendments and adopt their own versions. The state allows local amendments to the state code standards when findings can be made that such code changes are necessary to address locally unique topographical, geological, climatic and environmental conditions. The City Council is being asked to introduce an ordinance that adopt the most recent version of the Fire Code along with some technical amendments specifically tailored for Carlsbad which staff find are necessary to address local conditions. Following introduction of the ordinance, staff recommend that a public hearing be set for Nov. 8, 2022, during which time the City Council would consider adoption of the ordinance. Discussion The California Building Standards Commission is the state agency responsible for establishing and updating the building standards and codes for new construction throughout the state. The model codes that make up the California Building Standards Code include the state Fire Code. (California Code of Regulations Title 24, Part 9.) Oct. 18, 2022 Item #6 Page 1 of 35 The model building codes are updated every three years with the requirement that local jurisdictions enforce the state adopted codes as the minimum building standards for construction. The current 2019 California Building Standards Code was published July 1, 2019, with an effective date of Jan. 1, 2020. Under state law, the Building Standards Code applies throughout the state and to all building occupancies, whether or not the local government has adopted the new codes in its municipal code. Various state laws authorize local governments and fire protection districts to adopt ordinances that make amendments to the building standards in the state Fire Code. For example, Health and Safety Code Section 13869.7 authorizes local fire protection agencies to adopt building standards relating to fire and public safety that are more stringent than those adopted by the state Fire Marshal and contained in the California Building Standards Code. Each of the state laws authorizing local amendments includes specific requirements that must be satisfied before the amendments may be effective or operative The proposed ordinance adopts the 2022 California Fire Code, by reference, with certain changes and amendments, as Chapter 17.04 of the Carlsbad Municipal Code, the fire code for the city. (“By reference” means a document is incorporated into the text of a primary document through a statement that the secondary document should be treated as if it was contained within the primary one.) The ordinance includes specific fire codes that are more stringent than those adopted by the state, including amendments that were approved in prior years and additional technical amendments that reflect Carlsbad’s unique conditions and risks. The proposed ordinance is attached as Exhibit 1. Attachment A to Exhibit 1 contains findings supporting the amendments due to local climatic, geological, and/or topographical conditions in Carlsbad. The proposed amendments to the state-adopted fire code are shown as redlines in Exhibit 2. It is important to note that no new fees will be established, and no fees will be increased as a result of this proposed ordinance. Because the ordinance is being adopted by reference, the ordinance must first be introduced at a meeting at which the City Council sets a later public hearing in accordance with Government Code Section 50022.3. Based on the noticing requirements, the first available hearing date will be Nov. 8, 2022. Options The State of California mandates enforcement of the updated California Building Standards Code and it will go into effect regardless of the city’s action or lack of action. The city does have discretion to adopt local amendments to the 2022 editions of the codes, which must be effective by Jan. 1, 2023. Staff recommend the City Council adopt the proposed ordinance. There are no noted drawbacks to this action. The City Council could choose instead to reject the recommended changes and continue operating under the basic state Fire Code, without any local amendment. Oct. 18, 2022 Item #6 Page 2 of 35 If the city takes no action on the ordinances, the 2022 edition of the state codes will still be applicable to the city by operation of state law and becomes effective on Jan. 1, 2023. However, the proposed Carlsbad-specific amendments to the California Fire Code would not be adopted. Fiscal Analysis The existing fiscal year 2022-23 budget includes sufficient funding for the cost of developing and implementing the proposed ordinance. Next Steps The City Clerk’s Office will publish a summary of the ordinance twice in a newspaper of general circulation between the introduction date and the public hearing and adoption date, in accordance with the California Government Code requirements for adoption of a state code by reference. The City Clerk’s Office will then schedule the ordinance for a public hearing and adoption at the next regular City Council meeting. Once adopted, the Fire Development will file a copy of the ordinance and related findings with the California Building Standards Commission and the City Clerk’s Office will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption, subject to its filing with the California Building Standards Commission. Environmental Evaluation The City Planner determined that the activity related to the recommended action in this report to adopt local amendments is exempt from the California Environmental Quality Act because it qualifies for the “common sense” exemption, covered by the general rule under CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Most of the local amendments to the codes as proposed part of this project are necessary from an administrative standpoint and are general policy and procedure rulemaking. Other amendments are more stringent than the state standards, intended to address local climatic, geological or topographical conditions and safeguard public health and safety. There are no reasonably foreseeable adverse environmental impacts and there is no possibility that the activity in question may have a significant effect on the environment. This determination was posted on Oct. 3, 2022, and no appeal was filed. Furthermore, the proposed project involves the adoption of state building codes and standards that are applied to ministerial permits. CEQA Guidelines Section 15300.1, Section 21080 of the Public Resources Code, exempts those projects over which public agencies exercise only ministerial and not discretionary authority from the application of CEQA. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council ordinance amending Title 17 of the Carlsbad Municipal Code 2. Proposed changes to Title 17 of the Carlsbad Municipal Code with revisions highlighted Oct. 18, 2022 Item #6 Page 3 of 35 ORDINANCE NO. CS-436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING EXISTING CHAPTER 17.04 OF THE CARLSBAD MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 17.04, FIRE PREVENTION CODE BASED ON THE 2022 CALIFORNIA FIRE CODE WHEREAS, Health and Safety Code section 17958 mandates that the City Council of the City of Carlsbad adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the state pursuant to Health and Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code; and WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2023; and WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local agencies automatically reverted to the new state code unless new local adoptions and local amendments are made; and WHEREAS, the State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code, and together with the Carlsbad Fire Department local amendments, these shall be the Carlsbad Fire Department Fire Code;and WHEREAS, code amendments adopted by the State of California shall take precedence over the 2022 California Fire Code language. The 2022 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take precedence over the 2022 California Fire Code; and WHEREAS, Health & Safety Code Section 17958.5 permits the City Council of the City of Carlsbad to make local amendments to the Code as are reasonably necessary because of local conditions, which are more particularly described in Attachment A; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council of the City of Carlsbad before making any local amendments pursuant to Section 17958.7 make express finding that such local amendments are needed due to climatic, geographic, or topographic conditions; and Exhibit 1 Oct. 18, 2022 Item #6 Page 4 of 35 WHEREAS, the City Council of the City of Carlsbad, California does herewith find that the City of Carlsbad has certain climatic, geologic, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the 2022 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions; and WHEREAS, this finding recognizes regional geologic conditions and the likelihood of numerous structure fires following a greater magnitude seismic event. It also considered the limited ability of local emergency services to provide fire protection due to extraordinary service demands following such events; and WHEREAS, further basis for the finding is concern for local topographic conditions and irregular elevations along primary travel routes throughout the City of Carlsbad. These conditions impede the rapid deployment and effectiveness of emergency resources; and WHEREAS, climatic and topographical conditions within the City of Carlsbad can create an extreme fire danger and certain amendments to the 2022 California Fire Code serve to mitigate to the extent possible said deleterious effects and modification to the California Fire Code is necessary for community health and safety; and WHEREAS, sections 50022.1 through 50022.10, inclusive, of the Government Code and Section 13869 of the Health and Safety Code provide authority for the adoption by reference of codes, or portion of such codes; and WHEREAS, the City Council of the City of Carlsbad hereby declare that should any section, paragraph, sentence or word of this ordinance of the 2022 California Fire Code be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independently of the elimination of any such portion as may be declared invalid; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That existing Chapter 17.04 of the Carlsbad Municipal Code is repealed in its entirety. SECTION 2: That new Chapter 17.04 of the Carlsbad Municipal Code is adopted to read as follows: Oct. 18, 2022 Item #6 Page 5 of 35 Chapter 17.04 FIRE PREVENTION CODE Sections: 17.04.010 Adoption. 17.04.020 California Fire Code Chapter 1- Scope and Administration - Adopted and Amended. 17.04.030 California Fire Code Chapter 2 - Definitions - Adopted and Amended. 17.04.040 California Fire Code Chapter 3 - General Requirements - Adopted and Amended. 17.04.050 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part. 17.04.060 California Fire Code Chapter 5 - Fire Service Features - Adopted and Amended. 17.04.070 California Fire Code Chapter 6 - Building Services and Systems - Adopted. 17.04.080 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted. 17.04.090 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted. 17.04.100 California Fire Code Chapter 9 - Fire Protection Systems - Adopted and Amended. 17.04.110 California Fire Code Chapter 10 - Means of Egress - Adopted. 17.04.120 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part. 17.04.130 California Fire Code Chapter 12 - Energy Systems - Adopted. 17.04.140 California Fire Code Chapter 20 - Aviation Facilities - Adopted. 17.04.150 California Fire Code Chapter 21 - Dry Cleaning - Adopted. 17.04.160 California Fire Code Chapter 22 - Combustible Dust - Producing Operations - Adopted. 17.04.170 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted. 17.04.180 California Fire Code Chapter 24 - Flammable Finishes - Adopted. 17.04.190 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted. 17.04.200 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Adopted. 17.04.210 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted. 17.04.220 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted. 17.04.230 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted. 17.04.240 California Fire Code Chapter 30 - Industrial Ovens - Adopted. 17.04.250 California Fire Code Chapter 31 - Tents, and Other Membrane Structures - Adopted. 17.04.260 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted. 17.04.270 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted. 17.04.280 California Fire Code Chapter 34 - Tire Rebuilding & Tire Storage - Adopted. 17.04.290 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted. 17.04.300 California Fire Code Chapter 36 - Marinas - Adopted. 17.04.310 California Fire Code Chapter 37 - Combustible Fibers - Adopted. 17.04.320 California Fire Code, Chapter 39 - Processing and Extraction Facilities - Adopted. 17.04.330 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted. 17.04.340 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted. 17.04.350 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas - Adopted. Oct. 18, 2022 Item #6 Page 6 of 35 17.04.360 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted. 17.04.370 California Fire Code Chapter 51 - Aerosols - Adopted. 17.04.380 California Fire Code Chapter 53 - Compressed Gases - Adopted. 17.04.390 California Fire Code Chapter 54 - Corrosive Materials - Adopted. 17.04.400 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted. 17.04.410 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and Amended. 17.04.420 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted. 17.04.430 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted. 17.04.440 California Fire Code Chapter 59 - Flammable Solids - Adopted. 17.04.450 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted. 17.04.460 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted. 17.04.470 California Fire Code Chapter 62 - Organic Peroxides - Adopted. 17.04.480 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted. 17.04.490 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted. 17.04.500 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted. 17.04.510 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted. 17.04.520 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted. 17.04.530 California Fire Code Chapter 80 - Referenced Standards - Adopted. 17.04.540 California Fire Code Appendices - Adopted in Part and Amended. 17.04.550 Severability. 17.04.010 Adoption. The City of Carlsbad adopts by reference the 2022 Edition of the California Fire Code, including Appendix Chapters 4, B, BB, C, CC, D, E, F, G, H and O, and the California Standards, with the amendments contained in the following sections of Chapter 17.04. As adopted and amended herein, the 2022 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2022 California Fire Code. 17.04.020 California Fire Code Chapter 1—Scope and Administration—Adopted and amended. California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Division II, Part 2, is amended to add Section 107.7, Cost Recovery, to read as follows: The city shall be entitled to recover the cost of emergency services as described in subsections 1 through 5 below. Service costs shall be computed by the fire department under the direction of the city finance department and shall include the costs of personnel, equipment facilities, materials and other external resources. 1. Any person or corporation who allows a hazard to exist on property under the control of that person or corporation, after having been ordered by the fire department or other city department to abate that hazard, is liable for the cost of services provided by the fire department should an emergency arise as a result of said unabated hazard. Oct. 18, 2022 Item #6 Page 7 of 35 --- 2. Any person or corporation whose negligence causes an incident to occur on any public or private street, driveway or highway, which, for the purposes of life, property or environmental protection, places a service demand on the city fire department resources beyond the scope of routine service delivery, shall be liable for all costs associated with that service demand. 3. Any person or corporation responsible for property equipped with fire protection or detection devices which, due to malfunction, improper manipulation or negligent operation causes a needless response by the fire department to the property shall, for a period of twelve months after written notification by the fire prevention bureau be liable for all future costs associated with each subsequent needless response caused by those devices. 4. Any person or corporation who conducts unlawful activity which results in fire, explosion, chemical release or any other incident to which the fire department responds for the purpose of performing services necessary for the protection of life, property or the environment, shall be liable for the costs associated with the delivery of those services. 5. When, the interest of public safety, the fire chief, pursuant to Section 3107.17 of this code assigns fire department employees as standby personnel at any event, or upon any premise, the person or corporation responsible for the event or premises shall reimburse the fire department for all costs associated with the standby services. B. Chapter 1, Division II, Part 2, Section 112.4, Violation penalties, is amended to read as follows: Any person who violates any of the provisions of this code or standards; or fails to comply with any provision of this code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation of any detailed statement or specification or plans submitted and approved pursuant to this code, or any certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000.00 or by imprisonment in County Jail not exceeding six months, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. C. Chapter 1, Division II, Part 2, Section 113.4, Failure to Comply, is amended to read as follows: Any person, who continues any work 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 a fine of not less than $250.00 dollars or more than $1,000.00 dollars. 17.04.030 California Fire Code Chapter 2—Definitions—Adopted and amended. California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, General Definitions is amended to add the following definitions: FIRE HAZARD. Anything or act that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in Oct. 18, 2022 Item #6 Page 8 of 35 preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 17.04.040 California Fire Code Chapter 3—General Requirements—Adopted and amended. California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following amendment: Chapter 3, Section 304.1.2, Vegetation, is amended to read as follows: Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas and fire suppression zones shall be in accordance with City of Carlsbad standards. 17.04.050 California Fire Code Chapter 4—Emergency Planning and Preparedness—Adopted in part. California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections listed below: A. 401—401.9 B. 402 C. 403.1 D. 403.2 E. 403.4—403.4.4 F. 403.10.2.1.1 G. 403.10.6 H. 403.12—403.12.3 I. 404.5—404.6.6 J. 407. 17.04.060 California Fire Code Chapter 5—Fire Service Features—Adopted and amended. California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendments: A. Chapter 5, Section 503.1.2 Additional access, is amended to add Section 503.1.2.1 Residential developments, to read as follows: Projects having more than 40 dwelling units shall be provided with two separate and approved points of fire department access. B. Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). Oct. 18, 2022 Item #6 Page 9 of 35 C. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire hazard zones, to read as follows: Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent lots are located within designated Fire Hazard Zones/Fire Suppression Zones within the property line. D. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.2 Minimum fire apparatus access road widths for private driveways serving one or two single family dwellings to read as follows: Private driveways used as required fire apparatus access roads serving no more than two dwellings shall have a minimum width of 16 feet. E. Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.3 Measurement of street width to read as follows: Street widths are to be measured from the top face of the curb to top face of the curb on streets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs. F. Chapter 5, Section 505.1 Address Identification is amended to add Section 505.1.1 as follows: Street Numbers—Approved numbers and/or addresses shall be placed on the street-side of all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: • Single family residences: 4″ high with a 1/2″ stroke • Unit identification of multi-family residential buildings: 6″ high with a ½″ stroke • Commercial, industrial and multi-family residential buildings: minimum 12″ high with a 1.5″ stroke Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code Official may establish different minimum sizes for numbers for various categories of projects. G. Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs to read as follows: All easements which are not named differently from the roadway, from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement, located where the easement intersects the named roadway. Minimum size of numbers on that sign shall be four inches in height with a minimum stroke of 3/8″ and shall contrast with the background. H. Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read as follows: A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. I. Chapter 5, Section 505 Premises identification is amended to add Section 505.5 Response Map Updates to read as follows: Oct. 18, 2022 Item #6 Page 10 of 35 Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format approved by the fire department. The responsible party may be charged a reasonable fee for updating the City emergency response maps. 17.04.070 California Fire Code Chapter 6—Building Services and Systems—Adopted. California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 17.04.080 California Fire Code Chapter 7—Fire and Smoke Protection Features—Adopted. California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 17.04.090 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings—Adopted. California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 17.04.100 California Fire Code Chapter 9—Fire Protection and Life Safety Systems—Adopted and amended. California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments: Chapter 9, Section 903.2 Where required, is amended to read as follows: An approved automatic fire sprinkler system shall be provided in all new non-residential buildings constructed in which the aggregate floor area exceeds five thousand (5,000) square feet (464m2), regardless of occupancy classification and locations described in Sections 903.2.1 through 903.2.12. Mezzanines shall be included in the total square footage calculation. 17.04.110 California Fire Code Chapter 10—Means of Egress—Adopted. California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 17.04.120 California Fire Code Chapter 11—Construction Requirements for Existing Buildings—Adopted in part. California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only those sections and subsections listed below: A. 1103.3.3 B. 1103.7 C. 1103.7.3 D. 1103.7.3.1 E. 1103.7.8—1103.7.8.2 F. 1103.7.9—1103.7.9.10 G. 1103.8—1103.8.5.3 Oct. 18, 2022 Item #6 Page 11 of 35 H. 1103.9.1 I. 1107 J. 1113 K. 1114 L. 1115 M. 1116 17.04.130 California Fire Code Chapter 12—Energy Systems—Adopted. California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 17.04.140 California Fire Code Chapter 20—Aviation Facilities—Adopted. California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 21—Dry Cleaning—Adopted. California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.160 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted. California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 17.04.170 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages—Adopted. California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 17.04.180 California Fire Code Chapter 24—Flammable Finishes—Adopted. California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.190 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted. California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 17.04.200 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—Adopted. California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without amendments. 17.04.210 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—Adopted. California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. 17.04.220 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities—Adopted. California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments. Oct. 18, 2022 Item #6 Page 12 of 35 17.04.230 California Fire Code Chapter 29—Manufacture of Organic Coatings—Adopted. California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 30—Industrial Ovens—Adopted. California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.250 California Fire Code Chapter 31—Tents, and Other Membrane Structures—Adopted. California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without amendments. 17.04.260 California Fire Code Chapter 32—High-Piled Combustible Storage—Adopted. California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 17.04.270 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted. California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 17.04.280 California Fire Code Chapter 34—Tire Rebuilding & Tire Storage—Adopted. California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments. 17.04.290 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted. California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.300 California Fire Code, Chapter 36—Marinas—Adopted. California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.310 California Fire Code, Chapter 37—Combustible Fibers—Adopted. California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.320 California Fire Code, Chapter 39—Processing and Extraction Facilities—Adopted. California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—Adopted. California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without amendments. 17.04.340 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations, is adopted in its entirety without amendments. Oct. 18, 2022 Item #6 Page 13 of 35 17.04.350 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas— Adopted. California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted. California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without amendments. 17.04.370 California Fire Code Chapter 51—Aerosols—Adopted. California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.380 California Fire Code Chapter 53—Compressed Gases—Adopted. California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.390 California Fire Code Chapter 54—Corrosive Materials—Adopted. California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.400 California Fire Code Chapter 55—Cryogenic Fluids—Adopted. California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.410 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended. California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.1 Retail Fireworks, to read as follows: The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.2 Seizure of Fireworks, to read as follows: The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6. 17.04.420 California Fire Code Chapter 57—Flammable and Combustible Liquids—Adopted. California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids—Adopted. California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 59—Flammable Solids—Adopted. California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. Oct. 18, 2022 Item #6 Page 14 of 35 17.04.450 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—Adopted. California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.460 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted. California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 17.04.470 California Fire Code Chapter 62—Organic Peroxides—Adopted. California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments. 17.04.480 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids— Adopted. California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.490 California Fire Code Chapter 64—Pyrophoric Materials—Adopted. California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.500 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—Adopted. California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 17.04.510 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted. California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.520 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—Adopted. California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 17.04.530 California Fire Code Chapter 80—Referenced Standards—Adopted. California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.540 California Fire Code Appendices—Adopted in part and amended. The Appendices to the California Fire Code are adopted as follows: A. Appendix 4 is adopted in its entirety without amendments. B. Appendix B is adopted in its entirety with the following amendments: Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES Oct. 18, 2022 Item #6 Page 15 of 35 AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m A. The reduced fire-flow shall be not less than 1,000 gallons per minute B. The reduced fire-flow shall be not less than 1,500 gallons per minute C. Appendix BB is adopted in its entirety without amendments. D. Appendix C is adopted in its entirety without amendments. E. Appendix CC is adopted in its entirety without amendments. F. Appendix D is adopted in its entirety with the following amendments: Appendix D, Section D106: Subsection D106.1 Multiple-family residential developments is amended to read as follows: 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. Appendix D, Section D107: Subsection D107.1 One- or two-family residential developments is amended to read as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds 40 shall be provided with two separate and approved fire apparatus access roads. Exceptions: 1. Deleted in entirety Appendix D, Section D107: Subsection D107.1.1 One- or two-family residential developments is added to read as follows: Developments of one- or two-family dwellings located in a High or Very High Fire Hazard Severity Zone where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. G. Appendix E is adopted in its entirety without amendments. H. Appendix F is adopted in its entirety without amendments. I. Appendix G is adopted in its entirety without amendments. Oct. 18, 2022 Item #6 Page 16 of 35 J.Appendix H is adopted in its entirety without amendments. K.Appendix O is adopted in its entirety without amendments. 17.04.550 Severability. The city council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word of this chapter or of the City of Carlsbad Municipal Code hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and no earlier than the effective date of the 2022 California Building Standards Code, which is January 1, 2023; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 18th day of October, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ____ _, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE McMAHON, City Attorney MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Oct. 18, 2022 Item #6 Page 17 of 35 Attachment A Findings for Local Amendments to 2022 California Fire Code Changes or modifications to the California Building Standards Code, 2022 Edition, are reasonably necessary in the City of Carlsbad due to local climatic, geological, and topographical conditions, and hereby makes express findings of the necessity for such modifications. Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by the Pacific Ocean and its semi-permanent high-pressure systems that result in dry, warm summers and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit (°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April with infrequent (approximately 10%) precipitation during the summer. The average seasonal precipitation along the coast is approximately 10 inches; the amount increases with elevation as moist air is lifted over the mountains to the east. The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. These climatic conditions necessitate greater fire protection standards than that provided by the California Building Standards Code. Geography: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs offshore of the western edge of the city and is considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Carlsbad is located within a seismically active region, and earthquakes have the potential to cause ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone. Earthquake exposed electricity/power lines and leaking gas pipelines are a major cause of fire after an earthquake. These geologic conditions necessitate greater fire protection standards than that provided by the California Building Standards Code. Topography: The topography in the San Diego region varies greatly, from beaches on the west to mountains and desert on the east. Along with local meteorology, the topography influences the dispersal and movement of pollutants in the basin. The mountains to the east prohibit dispersal of pollutants in that direction and help trap them in inversion layers. Natural areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most Oct. 18, 2022 Item #6 Page 18 of 35 defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons – Buena Vista, Agua Hedionda and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned communities and resorts are located. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. These topographic conditions necessitate greater fire protection standards than that provided by the California Building Standards Code. Other conditions: Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code. These changes include provisions making the California Building Standards Code compatible with other codes, including but not limited to administrative and procedural ordinances enforced by the city. Oct. 18, 2022 Item #6 Page 19 of 35 Exhibit 2 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING EXISTING CHAPTER 17.04 OF THE CARLSBAD MUNICIPAL CODE, AND ADOPTING A NEW CHAPTER 17.04, FIRE PREVENTION CODE BASED ON THE 2022 CALIFORNIA FIRE CODE WHEREAS, Health & Safety Code section 17958 mandates that the City Council of the City of Carlsbad adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to Health & Safety Code Section 17922; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code; and WHEREAS, the State of California has adopted and published California Code of Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2023; and WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local agencies automatically reverted to the new state code unless new local adoptions and local amendments are made; and WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the 2022 California Fire Code, and together with the Carlsbad Fire Department local amendments, these shall be the Carlsbad Fire Department Fire Code; and WHEREAS, code amendments adopted by the State of California shall take precedence over the 2022 California Fire Code language. The 2022 California Fire Code language shall be used for those code sections not adopted by the State; and WHEREAS, local amendments adopted by the City Council of the City of Carlsbad shall take precedence over the 2022 California Fire Code; and WHEREAS, Health & Safety Code Section 17958.5 permits the City Council of the City of Carlsbad to make local amendments to the Code as are reasonably necessary because of local conditions; and WHEREAS, Health & Safety Code Section 17958.7 requires that the City Council of the City of Carlsbad before making any local amendments pursuant to Section 17958.7 make express finding that such local amendments are needed due to climatic, geographic, or topographic conditions; and Oct. 18, 2022 Item #6 Page 20 of 35 WHEREAS, the City Council of the City of Carlsbad, California does herewith find that the City of Carlsbad has certain climatic, geologic, and topographical features that can have a deleterious effect on emergency services such as fire protection and emergency medical services; and WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the 2022 California Fire Code are reasonably necessary because of the local climatic, geological, and topographical conditions; and WHEREAS, this finding recognizes regional geologic conditions and the likelihood of numerous structure fires following a greater magnitude seismic event. It also considered the limited ability of local emergency services to provide fire protection due to extraordinary service demands following such events; and WHEREAS, further basis for the finding is concern for local topographic conditions and irregular elevations along primary travel routes throughout the City of Carlsbad. These conditions impede the rapid deployment and effectiveness of emergency resources; and WHEREAS, climatic and topographical conditions within the City of Carlsbad can create an extreme fire danger and certain amendments to the 2022 California Fire Code serve to mitigate to the extent possible said deleterious effects and modification to the California Fire Code is necessary for community health and safety; and WHEREAS, Section 50022.1 through 50022.10, inclusive, of the Government Code and Section 13869 of the Health and Safety Code, provide authority for the adoption by reference of codes, or portion of such codes; and WHEREAS, the City Council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word of this Ordinance of the 2022 California Fire Code be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance independently of the elimination of any such portion as may be declared invalid; and THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That existing Chapter 17.04 of the Carlsbad Municipal Code is repealed in its entirety. SECTION 2: That new Chapter 17.04 of the Carlsbad Municipal Code is adopted to read as follows: Oct. 18, 2022 Item #6 Page 21 of 35 Chapter 17.04 FIRE PREVENTION CODE Sections: 17.04.010 Adoption 17.04.020 California Fire Code Chapter 1- Scope and Administration - Adopted and Amended 17.04.030 California Fire Code Chapter 2 - Definitions - Adopted and Amended 17.04.040 California Fire Code Chapter 3 - General Requirements - Adopted and Amended 17.04.050 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part 17.04.060 California Fire Code Chapter 5 - Fire Service Features - Adopted and Amended 17.04.070 California Fire Code Chapter 6 - Building Services and Systems - Adopted 17.04.080 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted 17.04.090 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted 17.04.100 California Fire Code Chapter 9 - Fire Protection Systems - Adopted and Amended 17.04.110 California Fire Code Chapter 10 - Means of Egress - Adopted 17.04.120 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part 17.04.130 California Fire Code Chapter 12 - Energy Systems – Adopted 17.04.140 California Fire Code Chapter 20 - Aviation Facilities – Adopted 17.04.150 California Fire Code Chapter 21 - Dry Cleaning - Adopted 17.04.160 California Fire Code Chapter 22 - Combustible Dust -Producing Operations - Adopted 17.04.170 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted 17.04.180 California Fire Code Chapter 24 - Flammable Finishes- Adopted 17.04.190 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted 17.04.200 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Adopted 17.04.210 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted 17.04.220 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted 17.04.230 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted 17.04.240 California Fire Code Chapter 30 - Industrial Ovens - Adopted Oct. 18, 2022 Item #6 Page 22 of 35 17.04.250 California Fire Code Chapter 31 - Tents, and Other Membrane Structures - Adopted 17.04.260 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted 17.04.270 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted 17.04.280 California Fire Code Chapter 34 - Tire Rebuilding & Tire Storage - Adopted 17.04.290 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted 17.04.300 California Fire Code Chapter 36 - Marinas - Adopted 17.04.310 California Fire Code Chapter 37 - Combustible Fibers – Adopted 17.04.320 California Fire Code, Chapter 39—Processing and Extraction Facilities—Adopted. 17.04.330 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—Adopted. 17.04.340 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. 17.04.350 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas—Adopted. 17.04.360 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted 17.04.370 California Fire Code Chapter 51 - Aerosols - Adopted 17.04.380 California Fire Code Chapter 53 - Compressed Gases - Adopted 17.04.390 California Fire Code Chapter 54 - Corrosive Materials -Adopted 17.04.400 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted 17.04.410 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and Amended 17.04.420 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted 17.04.430 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted 17.04.440 California Fire Code Chapter 59 - Flammable Solids - Adopted 17.04.450 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted 17.04.460 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted 17.04.470 California Fire Code Chapter 62 - Organic Peroxides -Adopted 17.04.480 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids -Adopted 17.04.490 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted 17.04.500 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted 17.04.510 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted 17.04.520 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted Oct. 18, 2022 Item #6 Page 23 of 35 17.04.530 California Fire Code Chapter 80 - Referenced Standards - Adopted 17.04.540 California Fire Code Appendices - Adopted in Part and Amended 17.04.550 Severability 17.04.010 Adoption. The City of Carlsbad adopts by reference the 2022 Edition of the California Fire Code, including Appendix Chapters 4, B, BB, C, CC, D, E, F, G, H and O, and the California Standards, with the amendments contained in the following sections of Chapter 17.04. As adopted and amended herein, the 2022 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2022 California Fire Code. 17.04.020 California Fire Code Chapter 1—Scope and Administration—Adopted and amended. California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Division II, Part 2, is amended to add Section 107.7, Cost Recovery, to read as follows: The city shall be entitled to recover the cost of emergency services as described in subsections 1 through 5 below. Service costs shall be computed by the fire department under the direction of the city finance department and shall include the costs of personnel, equipment facilities, materials and other external resources. 1. Any person or corporation who allows a hazard to exist on property under the control of that person or corporation, after having been ordered by the fire department or other city department to abate that hazard, is liable for the cost of services provided by the fire department should an emergency arise as a result of said unabated hazard. 2. Any person or corporation whose negligence causes an incident to occur on any public or private street, driveway or highway, which, for the purposes of life, property or environmental protection, places a service demand on the city fire department resources beyond the scope of routine service delivery, shall be liable for all costs associated with that service demand. 3. Any person or corporation responsible for property equipped with fire protection or detection devices which, due to malfunction, improper manipulation or negligent operation causes a needless response by the fire department to the property shall, for a period of twelve months after written notification by the fire prevention bureau be liable for all future costs associated with each subsequent needless response caused by those devices. 4. Any person or corporation who conducts unlawful activity which results in fire, explosion, chemical release or any other incident to which the fire department responds for the purpose of performing services necessary for the protection of life, property or the environment, shall be liable for the costs associated with the delivery of those services. Oct. 18, 2022 Item #6 Page 24 of 35 --- 5. When, the interest of public safety, the fire chief, pursuant to Section 3107.17 of this code assigns fire department employees as standby personnel at any event, or upon any premise, the person or corporation responsible for the event or premises shall reimburse the fire department for all costs associated with the standby services. B. Chapter 1, Division II, Part 2, Section 112.4, Violation penalties, is amended to read as follows: Any person who violates any of the provisions of this code or standards; or fails to comply with any provision of this code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation of any detailed statement or specification or plans submitted and approved pursuant to this code, or any certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000.00 or by imprisonment in County Jail not exceeding six months, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. C. Chapter 1, Division II, Part 2, Section 113.4, Failure to Comply, is amended to read as follows: Any person, who continues any work 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 a fine of not less than $250.00 dollars or more than $1,000.00 dollars. 17.04.030 California Fire Code Chapter 2—Definitions—Adopted and amended. California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, General Definitions is amended to add the following definitions: FIRE HAZARD. Anything or act that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 17.04.040 California Fire Code Chapter 3—General Requirements—Adopted and amended. California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following amendment: Chapter 3, Section 304.1.2, Vegetation, is amended to read as follows: Oct. 18, 2022 Item #6 Page 25 of 35 Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas and fire suppression zones shall be in accordance with City of Carlsbad standards. 17.04.050 California Fire Code Chapter 4—Emergency Planning and Preparedness—Adopted in part. California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections listed below: A. 401—401.9 B. 402 C. 403.1 D. 403.2 E. 403.4—403.4.4 F. 403.10.2.1.1 G. 403.10.6 H. 403.12—403.12.3 I. 404.5—404.6.6 J. 407. 17.04.060 California Fire Code Chapter 5—Fire Service Features—Adopted and amended. California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendments: A. Chapter 5, Section 503.1.2 Additional access, is amended to add Section 503.1.2.1 Residential developments, to read as follows: Projects having more than 40 dwelling units shall be provided with two separate and approved points of fire department access. B. Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). C. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire hazard zones, to read as follows: Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent lots are located within designated Fire Hazard Zones/Fire Suppression Zones within the property line. Oct. 18, 2022 Item #6 Page 26 of 35 D. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.2 Minimum fire apparatus access road widths for private driveways serving one or two single family dwellings to read as follows: Private driveways used as required fire apparatus access roads serving no more than two dwellings shall have a minimum width of 16 feet. E. Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.3 Measurement of street width to read as follows: Street widths are to be measured from the top face of the curb to top face of the curb on streets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs. F. Chapter 5, Section 505.1 Address Identification is amended to add Section 505.1.1 as follows: Street Numbers—Approved numbers and/or addresses shall be placed on the street-side of all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: • Single family residences: 4″ high with a 1/2″ stroke • Unit identification of multi-family residential buildings: 6″ high with a ½″ stroke • Commercial, industrial and multi-family residential buildings: minimum 12″ high with a 1.5″ stroke Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code Official may establish different minimum sizes for numbers for various categories of projects. G. Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs to read as follows: All easements which are not named differently from the roadway, from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement, located where the easement intersects the named roadway. Minimum size of numbers on that sign shall be four inches in height with a minimum stroke of 3/8″ and shall contrast with the background. H. Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read as follows: A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. I. Chapter 5, Section 505 Premises identification is amended to add Section 505.5 Response Map Updates to read as follows: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format Oct. 18, 2022 Item #6 Page 27 of 35 approved by the fire department. The responsible party may be charged a reasonable fee for updating the City emergency response maps. 17.04.070 California Fire Code Chapter 6—Building Services and Systems—Adopted. California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 17.04.080 California Fire Code Chapter 7—Fire and Smoke Protection Features—Adopted. California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 17.04.090 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings— Adopted. California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 17.04.100 California Fire Code Chapter 9—Fire Protection and Life Safety Systems—Adopted and amended. California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments: Chapter 9, Section 903.2 Where required, is amended to read as follows: An approved automatic fire sprinkler system shall be provided in all new non-residential buildings constructed in which the aggregate floor area exceeds five thousand (5,000) square feet (464m2), regardless of occupancy classification and locations described in Sections 903.2.1 through 903.2.12. Mezzanines shall be included in the total square footage calculation. 17.04.110 California Fire Code Chapter 10—Means of Egress—Adopted. California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 17.04.120 California Fire Code Chapter 11—Construction Requirements for Existing Buildings— Adopted in part. California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only those sections and subsections listed below: A. 1103.3.3 B. 1103.7 C. 1103.7.3 D. 1103.7.3.1 E. 1103.7.8—1103.7.8.2 F. 1103.7.9—1103.7.9.10 Oct. 18, 2022 Item #6 Page 28 of 35 G. 1103.8—1103.8.5.3 H. 1103.9.1 I. 1107 J. 1113 K. 1114 L. 1115 M. 1116 17.04.130 California Fire Code Chapter 12—Energy Systems—Adopted. California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 17.04.140 California Fire Code Chapter 20—Aviation Facilities—Adopted. California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 21—Dry Cleaning—Adopted. California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.160 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted. California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 17.04.170 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages— Adopted. California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 17.04.180 California Fire Code Chapter 24—Flammable Finishes—Adopted. California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.190 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted. California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 17.04.200 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—Adopted. California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without amendments. 17.04.210 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—Adopted. California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. Oct. 18, 2022 Item #6 Page 29 of 35 17.04.220 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities—Adopted. California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments. 17.04.230 California Fire Code Chapter 29—Manufacture of Organic Coatings—Adopted. California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 30—Industrial Ovens—Adopted. California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.250 California Fire Code Chapter 31—Tents, and Other Membrane Structures—Adopted. California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without amendments. 17.04.260 California Fire Code Chapter 32—High-Piled Combustible Storage—Adopted. California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 17.04.270 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted. California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety without amendments. 17.04.280 California Fire Code Chapter 34—Tire Rebuilding & Tire Storage—Adopted. California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments. 17.04.290 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted. California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.300 California Fire Code, Chapter 36—Marinas—Adopted. California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.310 California Fire Code, Chapter 37—Combustible Fibers—Adopted. California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.320 California Fire Code, Chapter 39—Processing and Extraction Facilities—Adopted. California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—Adopted. Oct. 18, 2022 Item #6 Page 30 of 35 California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without amendments. 17.04.340 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations, is adopted in its entirety without amendments. 17.04.350 California Fire Code Chapter 49—Requirements for Wildland-Urban Interface Fire Areas— Adopted. California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted. California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without amendments. 17.04.370 California Fire Code Chapter 51—Aerosols—Adopted. California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.380 California Fire Code Chapter 53—Compressed Gases—Adopted. California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.390 California Fire Code Chapter 54—Corrosive Materials—Adopted. California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.400 California Fire Code Chapter 55—Cryogenic Fluids—Adopted. California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.410 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended. California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.1 Retail Fireworks, to read as follows: The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.2 Seizure of Fireworks, to read as follows: Oct. 18, 2022 Item #6 Page 31 of 35 The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6. 17.04.420 California Fire Code Chapter 57—Flammable and Combustible Liquids—Adopted. California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids— Adopted. California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 59—Flammable Solids—Adopted. California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.450 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—Adopted. California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.460 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted. California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 17.04.470 California Fire Code Chapter 62—Organic Peroxides—Adopted. California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments. 17.04.480 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids—Adopted. California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.490 California Fire Code Chapter 64—Pyrophoric Materials—Adopted. California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.500 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—Adopted. California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. 17.04.510 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted. California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.520 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—Adopted. Oct. 18, 2022 Item #6 Page 32 of 35 California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 17.04.530 California Fire Code Chapter 80—Referenced Standards—Adopted. California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.540 California Fire Code Appendices—Adopted in part and amended. The Appendices to the California Fire Code are adopted as follows: A. Appendix 4 is adopted in its entirety without amendments. B. Appendix B is adopted in its entirety with the following amendments: Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m a. The reduced fire-flow shall be not less than 1,000 gallons per minute b. The reduced fire-flow shall be not less than 1,500 gallons per minute C. Appendix BB is adopted in its entirety without amendments. D. Appendix C is adopted in its entirety without amendments. E. Appendix CC is adopted in its entirety without amendments. F. Appendix D is adopted in its entirety with the following amendments: Appendix D, Section D106: Subsection D106.1 Multiple-family residential developments is amended to read as follows: Oct. 18, 2022 Item #6 Page 33 of 35 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. Appendix D, Section D107: Subsection D107.1 One- or two-family residential developments is amended to read as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds 40 shall be provided with two separate and approved fire apparatus access roads. Exceptions: 1. Deleted in entirety Appendix D, Section D107: Subsection D107.1.1 One- or two-family residential developments is added to read as follows: Developments of one- or two-family dwellings located in a High or Very High Fire Hazard Severity Zone where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. G. Appendix E is adopted in its entirety without amendments. H. Appendix F is adopted in its entirety without amendments. I. Appendix G is adopted in its entirety without amendments. J. Appendix H is adopted in its entirety without amendments. K. Appendix O is adopted in its entirety without amendments. 17.04.550 Severability. The city council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word of this chapter or of the City of Carlsbad Municipal Code hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Oct. 18, 2022 Item #6 Page 34 of 35 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ day of ________, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of _____ , 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: ___________________________________ CINDIE McMAHON, City Attorney _______________________________________ MATT HALL, Mayor _______________________________________ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Oct. 18, 2022 Item #6 Page 35 of 35 All Receive -Ace nd;i Item# (e:, For the lnform;ition et the-:-- CITY COUNC!,L Date)lh_1l22 CAL cc / -:ivl .....i,1'AcM ZocM (3) :( Council Memorandum October 17, 2022 To: Honorable Mayor H Members of the City Council From: Cindie McMahon, C Via: {city of Carlsbad Re: Additional Materials Related to Staff Report Item No. 6 -Introduce an Ordinance Adopting the 2022 California Fire Code, Along With Local Amendments, and Set a Public Hearing for Nov. 8, 2022 (Districts -All} This is an errata sheet for Item No. 6 of the October 18, 2022, agenda, amending the staff report and the corresponding ordinance with the addition of text that was inadvertently omitted during the editing process. The specific revisions are shown below in a strike-out and underline format: 1) Staff report revision: Amend the "Next Steps" section, last sentence of paragraph 1 as follows: "The ordinance will be effective 30 days following its adoption, and no earlier than the effective date of the 2022 California Building Standards Code, which is Jan. 1, 2023, subject to its filing with the California Building Standards Commission." 2) Ordinance revision: Revise the "Effective Date" clause to read: This ordinance shall be effective thirty days after its adoption, and no earlier than the effective date of the 2022 California Building Standards Code, which is January 1, 2023; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within 15 days after its adoption. cc: Geoff Patnoe, Assistant City Manager Gary Barberio, Deputy City Manager, Community Services Allegra Frost, Assistant City Attorney Jeff Murphy, Director of Community Development Mike Strong, Assistant Director of Community Development City Attorney's Office 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 442-339-2891 t Randy Metz Fire Marshal October 18, 2022 Adoption of the 2022 Fire Code California Code of Regulations (CCR) Title 24 •The CCR’s are based on various model codes developed and published by: –International Code Council –State Fire Marshals Office –National Fire Protection Association –Division of State Architect –Building Standards Commission California Fire Code •The California Building Standards Commission adopts the 2022 Editions of the state fire code after state agencies recommend amendments to the MODEL Fire Code published by the International Code Council. Code Adoption Summary •As amended and published, it is referred to as the California Fire Code. •Effective on January 1, 2023 throughout California. •Once adopted, will be known as the Carlsbad Fire Code. 2022 Code Adoption Summary Local Amendments •Jurisdictions throughout California are required to adopt local amendments by ordinance in order to be effective. •Local amendments must be based on findings of specific local climatic, geologic or topographical conditions. 2022 Fire Code Adoption Summary Local Amendments •Amendments may be more restrictive than the State but not less restrictive. •Local Amendments to the Fire Code were previously adopted by City Council •Three new minor amendments are proposed in this cycle to address development issues related to fire access, vegetation management and haunted house regulations. 2022 Fire Code Adoption Summary New Chapters •The State has adopted two new chapters within the Fire Code. Carlsbad has adopted these chapters without any local amendments. •Chapter 33 –Fire Safety During Construction •Chapter 49 –Requirements for Wildland Urban Interface Areas The California Fire Code •Effective enforcement of the construction codes by Fire, Building and Engineering officials will insure the built environment within the City of Carlsbad is safe, sustainable and accessible to the residents, businesses and visitors, living, working and enjoying the amenities in our city. Conclusion •Staff Recommendation: –Introduce local Ordinance referencing the California Fire Code –Hold public hearing to allow public to comment on local amendments and adopt ordinance at November 8, 2022 City Council Meeting Questions?