HomeMy WebLinkAboutMINUTES - 12032013 - C.25RECOMMENDATION(S):
1. RATIFY Moraga-Orinda Fire Protection District Ordinance No. 2013-01, with the modifications attached to this
Board Order.
2. DIRECT the Clerk of the Board of Supervisors to provide a certified copy of this Board Order to the
Moraga-Orinda Fire Protection District within 15 days of this ratification, pursuant to Health and Safety Code section
13869.7.
FISCAL IMPACT:
None.
BACKGROUND:
Whenever a fire protection district adopts an ordinance that establishes building standards relating to fire safety that
may be more stringent than State Fire Marshal and State Building Standards Code requirements, the fire protection
district’s regulations are not effective within the jurisdictional boundaries of the unincorporated area of the County
unless and until the Board of Supervisors ratifies the ordinance. (Health and Saf. Code, § 13869.7.)
This Board Order ratifies the Moraga-Orinda Fire Protection District’s adoption of the 2013 California Fire Code with
the District’s local amendments. This Board Order modifies the District’s ordinance by providing for the retention
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/03/2013 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: Jason Crapo,
925-674-7722
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: December 3, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 25
To:Board of Supervisors
From:Jason Crapo, County Building Official
Date:December 3, 2013
Contra
Costa
County
Subject:RATIFY Moraga-Orinda Fire Protection District Ordinance No. 2013-01, adopting the 2013 California Fire Code
with amendments
BACKGROUND: (CONT'D)
of Board of Supervisors’ discretion for final County approval of entitlements, completion of development
improvements, and issuing of County stop work orders within the unincorporated areas of the County that are
within the Moraga-Orinda Fire Protection District. This Board Order also provides for the retention of the
County’s authority to regulate when State-adopted building standards codes and related codes are involved in
order to achieve unincorporated area uniformity for matters such as park access, public road standards, and street
names.
CONSEQUENCE OF NEGATIVE ACTION:
If the Moraga-Orinda Fire Protection District Ordinance No. 2013-01 is not ratified, the ordinance would not be
effective in the unincorporated area of the County within the District.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
MOFD Ordinance
County Modifications to MOFD Ordinance
CONTRA COSTA COUNTY MODIFICATIONS TO
MORAGA-ORINDA FIRE PROTECTION DISTRICT ORDINANCE NO. 13-01
1. § 102 – Applicability. This section is modified to clarify that it does not mandate the
performance or non-performance of any act by the County and its planning agency,
officers and employees, and to clarify that the District has no legal authority to prescribe
the governmental discretion and actions of the County and its officers and employees.
County staff is hereby directed to cooperate to the greatest reasonable extent (subject to
applicable County and State rules and regulations) with the District concerning the
subjects of this section and Ordinance No. 13-01.
2. § 111 – Stop Orders. This section as modified and clarified does not mandate the county
building inspector or other county official or agency to issue any stop work orders or to
perform or not perform any act, and with this clarification is the same as § 102 above.
3. § 503 – Fire Apparatus Access Roads. This section is modified to clarify that nothing in
it shall prevent the County from legislating, taking administrative action and/or
occupying this area of regulation to the extent allowed by law. This modification is made
to retain the County’s ability to require uniform unincorporated area regulations such as
public road improvements, widths, and access.
4. § 505 – Premises Identification. This section is modified to clarify that the County fully
retains its authority pursuant to law to determine unincorporated area street names and
addresses.
5. § 507 – Fire Protection Water Supplies. Same as § 503 except limited to the reservation
of County discretion involving the provision of water for domestic use.
6. Section 6 – More Restrictive Requirements. This section is modified to clarify that
nothing in it shall prevent the County from legislating in and/or occupying an area of
regulation as hereinabove provided or otherwise allowed by law. In part, this
modification is made to retain the County’s ability to require uniform unincorporated area
regulations.
7. Modified Ordinance Ratification. In ratifying Ordinance No. 13-01, the Board of
Supervisors has not reviewed and passed upon any “Findings of Need” that may have
been prepared by the District or other documentation, nor has it reviewed and passed
upon the scope of the District’s Health and Safety Code regulatory authority.
8.Enforcement. The Chief of the Moraga-Orinda Fire Protection District is authorized to
enforce Moraga-Orinda Fire Protection District Ordinance No. 13-01 within those
portions of the District located within the unincorporated area of Contra Costa County.
(Health and Saf. Code, § 13869.7(h)(1)(A).)