HomeMy WebLinkAboutMINUTES - 03122013 - C.35RECOMMENDATION(S):
AUTHORIZE the Chair of the Board of Supervisors to sign a letter to Tonya Hoover, the State Fire Marshal,
regarding adoption of the 2012 International Fire Code, as recommended by the Transportation Water &
Infrastructure Committee.
FISCAL IMPACT:
The correspondence has no direct near-term financial implications.
BACKGROUND:
The Office of the State Fire Marshal (SFM) will be reviewing the 2012 International Fire Code of the International
Code Council (ICC) for adoption in 2013 as the California Fire Code. The Transportation Water & Infrastructure
Committee (Committee) has previously reported to the Board our concerns with one particular section of the ICC's
fire code, “F17”. A discussion of these concerns is provided below. Last December, in a phone conversation the SFM
informed County staff that the state does not intend to adopt the F17 code language at this time.
The Committee recommends that the Board of Supervisors go on record with the SFM to: 1) confirm the State's
intent to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/12/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: John Cunningham, (925)
674-7833
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: March 12, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.35
To:Board of Supervisors
From:Transportation, Water, & Infrastructure Cte
Date:March 12, 2013
Contra
Costa
County
Subject:Comments to State Fire Marshal on Adoption of the State Fire Code
BACKGROUND: (CONT'D)
not adopt the F17 provision, and 2) request that any future change in the State’s position on this general topic (fire
code overlap with local road design authority) be done in consultation with interested agencies.
Fire Code Provision F17 Description and Discussion: The F17 provision of the 2012 International Fire Code
nominally addresses traffic calming but in fact encompasses all aspects of road design. The relevant language is
below:
503.4.1. Traffic calming devices. Traffic calming devices are prohibited unless approved by the fire
code official.
502.1 Definitions. The following words and terms shall, for the purposes of this chapter and as used
elsewhere in this code, have the meanings shown herein.
TRAFFIC CALMING DEVICES. Traffic calming devices are design elements of fire apparatus access
roads such as street alignment, installation of barriers, and other physical measures intended to
reduce traffic and cut-through volumes, and slow vehicle speeds.
The Departments of Conservation and Development and Public Works reported serious concerns over this
provision of the 2012 International Fire Code. This concern is based on the following:
The new code will preempt local policy and ordinances with no outreach to the affected agencies and
constituents.
The new code gives authority over road design to agencies that have no professional training, licensing,
experience, or staff to reliably execute this new authority. This is demonstrated in the F-17 application to the
ICC which includes the following, "Cost Impacts: The code change proposal will not increase the cost of
construction". This is incorrect, it is entirely likely that this change will result in increased costs by way of
requiring inappropriately wide roads. The liability impacts to local jurisdictions are unknown.
This proposed public policy was developed by the ICC, a non-profit, non-governmental, membership
organization that is not accountable to public agencies. This is in contrast to our local code development
process which includes inter-disciplinary consultation.
The new code is in direct conflict with existing state statutes which grants authority on roads to the Board
of Supervisors.
In the past ten years the practice of road design has been the subject of intense collaborative study resulting
in substantial policy and statutory changes with the goals of increasing motorist and pedestrian safety,
improving public health, fighting climate change, value engineering, mitigating water quality impacts, and
accommodation/encouragement of non-motorized transportation modes. The ICC bypassed this
collaborative dialog in recommending F17.
As we understand the process, after the 2012 International Fire Code is presented to the SFM and adopted,
it will be implemented at the local level if no action is taken.
The Committee's recommendations are consistent with the County's 2013 State Legislative Platform:
Transportation Issues:
138. SUPPORT efforts to coordinate development of state-funded or regulated facilities such as courts, schools,
jails, roads and state offices with local planning. The County supports preserving the authority of Public Works
over County roads by way of ensuring the Board of Supervisors’ control over County roads as established in the
Streets & Highways Code (Ch2 §940) is not undermined. This includes strongly opposing any action by a
non-local entity that would ultimately dilute current Board of Supervisors discretion relative to road design and
land use.
CONSEQUENCE OF NEGATIVE ACTION:
If transmittal this letter is not approved, the Board will forgo an opportunity to communicate to the State its desire
If transmittal this letter is not approved, the Board will forgo an opportunity to communicate to the State its desire
to protect its statutory authority over local roads.
CHILDREN'S IMPACT STATEMENT:
Provision F17 of the 2012 International Fire Code would limit the County's ability to balance the fire safety with
other public safety issues (e.g. traffic safety) in the design of local roads. This outcome would limit the ability to
achieve Children's Report Card goal #5: Communities that are Safe and Provide High Quality of Life.
ATTACHMENTS
Fire Marshall Letter