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HomeMy WebLinkAboutMINUTES - 04211987 - IO.2 Toy To. BOARD OF SUPERVISORS FROM: INTERNAL OPERATIONS COMMITTEE Contra April 13 , 1987 Costa DATE: County Ordinance Requiring that Sprinkler Systems be made SUBJECT: Available as an Option in Residential Developments SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Fix Tuesday, May 19, 1987, at 10: 30 A.M. in the Board Chambers as the date, time, and place for a public hearing to consider the adoption of the attached Ordinance requiring that sprinkler systems be made available as an option in residential developments. 2 . Adopt the attached Resolution directing the Clerk of the Board to publish notice of the public hearing pursuant to Government Code Section 6066. 3 . Remove this item as a referral to our Committee. BACKGROUND: Our Committee has been working with Consolidated Fire District, Moraga Fire District, the Community Development Department, Building Inspection, County Counsel, and the Building Industry Association for some months on a possible Ordinance which would require developers to make sprinkler systems an available option in new residential developments. We have now successfully worked out a compromise which appears to be acceptable to all parties. Attached is a copy of the Ordinance, a letter from the Building Industry Association indicating their support for the Ordinance, and a cover memo from the Director of Community Development. County Counsel advises us that this Ordinance requires a noticed public hearing before it can be. adopted. We have, therefore, recommended that the Board fix May 19 for the hearing and direct the Clerk to publish notice of the hearing. Following the hearing, the Board should consider adopting the Ordinance. We believe that by making the availability of sprinkler systems a requirement on developers of new residential developments, and leaving it to each individual to determine whether the safety advantages of a sprinkler system justify its cost, we have reached a compromise which satisfies all parties. CONTINUED ON ATTACHMENT: X YES SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE s Za:n:c�k�dep Tom Torlakson ACTION OF BOARD ON Aori1 21 , 1987 APPROVED AS RECOMMENDED x . OTHER x The Board INTRODUCES the above named ordinance and waives reading VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED April 21 ,1987 Building Inspector Community Development Director PHIL BATCHELOR, CLERK OF THE BOARD OF Consolidated Fire District SUPERVISORS AND COUNTY ADMINISTRATOR Moraqa Fire District County Counsel BY ,DEPUTY M382/7-83 Terry Curtola, BIA ORDINANCE NO. 87- (Residential Fire Sprinkler Systems ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance establishes procedures and standards for the availability and installation of sprinkler systems in new residential developments and models in planned unit district developments . SECTION II . Chapter 718-6 is added to the County Ordinance Code to read as follows : CHAPTER 718-6 RESIDENTIAL SPRINKLER SYSTEM OPTION 718-6 . 202 Purpose. Voluntary installation of sprinkler systems in one family dwellings and duplexes promotes the general county welfare and protects public health, safety and property by, in part, reducing fire cause losses, personal injuries , loss of life, and property damage. The purpose of this chapter is to encourage the voluntary installation of water sprinkler systems in new one and two family dwellings by requiring that the sellers of such new residential dwellings provide prospective buyers with the opportunity and option to have sprinkler systems installed in such dwellings . ( 87- , §2. ) 718-6 .204 Residential Dwelling Definition. Residential dwelling for the purposes of this chapter is a one family dwelling or duplex as described in Sections 82-4 . 234 and 82-4 . 258. ( 87- , §2. ) 718-6 . 206 Option Requirement. ( 1) Every person selling or offering for sale a residential dwelling prior to its completion to a prospective buyer shall notify and offer in writing as soon as it may be done to that buyer the option of having the person (offeror)-:-, install a sprinkler system at the buyers expense in the dwelling. (2 ) The sprinkler system option provided by this section, if accepted by the buyer, requires the installation of a sprinkler system meeting (as a minimum) the 1984 Edition of the National Fire Protection Association' s Standard 13 D entitled "Sprinkler ' Systems for Family Dwellings" including its Appendix A. ( 3 ) If prior to the building inspector' s completion and approval of the frame inspection or within seven -days of the buyer' s receipt of the written sprinkler system option whichever first occurs, the buyer has not accepted the option in writing, there is no further obligation imposed by this chapter on the offeror. (_87 § 2 . ) 718-6 . 208 Applicant Notice. Every residential dwelling applicant for a building permit pursuant to Title 7 or an entitlement pursuant to Title 8 shall be advised in writing by the involved building inspection or community development department of the requirements of this chapter and acknowledge receipt of that information as part of any filed application. ( 87- § 2 . ) 718-6 . 210 Administration. The provisions of this chapter shall be administered by the director of building inspection. ( 87- § 2 . ) SECTION III , Section 84-66. 1202 of the Ordinance Code is amended to read: 84-66 .1202 Requirements. (a ) The final development plan drawn to scale, shall: ( 1 ) Indicate the metes and bounds of the boundary of the subject property together with dimensions of lands to be divided; (2 ) Indicate the location, grades , widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities ; ( 3 ) Indicate the location, height, number of stories, use and number of dwelling units for each proposed building or structure; (4 ) Indicate the location and design of vehicle parking areas; ( 5 ) Indicate the location and design of proposed landscaping, except for proposed single family residential development; ( 6 ) Indicate the location and design of all storm drainage and sewage disposal facilities ; ( 7 ) Provide an engineer' s statement of the proposed grading; ( 8 ) Indicate the location and extent of all proposed land uses . ( 9 ) Indicate the location of any residential dwellings proposed to be used as new sales models . (b) In addition, the final development plan shall be accompanied by: ( 1) Elevations of all buildings and structures other than single-family residences ; (2 ) .w A statement indicating procedures and programming for the development and maintenance of public or semipublic areas, buildings and structures ; ( 3 ) A statement indicating the stages of development proposed for the entire development; ( 4 ) A statement indicating if any new residential dwellings are proposed to be used as sales models and asking approval of that use; ( 5 ) Any additional drawings or information as may be required by the planning commission at the time of any public hearing in the matter. (Ords. 87- § 3 , 79-74 :§ 84-66.102 : prior code §8166(d) : Ord. 1743. ) SECTION IV, Section 84-66.1404 of the Ordinance Code is amended to read: 84-66 .1404 Latitude of regulations. The planning commission may recommend and the board of supervisors may adopt as part of the preliminary development plan, and may require in the final development plan, standards , regulations, limitations and restrictions which are either more or less restrictive than those -2- ORDINANCE NO. 87- specified elsewhere in this ordinance code, and which are designed to protect and maintain property values and community amenities in the subject community, and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following: ( 1) Height limitations on buildings and structures; ( 2 ) Percent coverage of land by buildings and structures; ( 3 ) Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area; (4 ) The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets; ( 5 ) Planting and maintenance of trees, shrubs , plants and lawns in accordance with a landscaping plan; ( 6) Construction of fences, walls and floodlighting of an approved design; (7 ) Limitations upon the size, design, number, lighting and location of signs and advertising structures; ( 8) Arrangement and spacing of buildings and structures to provide appropriate open spaces around same; ( 9 ) Location and size of off-street loading areas and docks; ( 10 ) Uses of buildings and structures by general classification, and by specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property; ( 11) Architectual design of buildings and structures, ( 12 ) Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; and (13 ) , Requiring of performance bonds to insure development as approved:' (14 ) Requiring that where any residential dwelling unit (one family dwelling or duplex) or units are approved to be used as a sales model or models at least one such unit have a sprinkler system installed therein meeting the standard specified in chapter 718-6 . ` (Ords . 87- § 4 , 79-74 : § 84-66. 1404 : prior code § 8166(f) : Ord. 1743 . ) SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the a newspaper published in this County. -3- ORDINANCE NO. 87- PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN• ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Board Chair [ SEAL) VJW:df ( 3-20-87 ) ( 3-27-87 ) -4- ORDINANCE NO. 87- BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA Adopting Residential Fire ) RESOLUTION No. 87/ 221 Sprinkler Systems Regulations ) (Govt.C. § 50022 . 3 ) NOTICE OF PUBLIC HEARING The Board of Supervisors of Contra Costa County Resolves That: This Board proposes to enact an ordinance providing for the adoption by reference of the 1984 Edition of the National Fire Protection Associations ' s Standard 13D entitled "Sprinkler Systems for Family Dwellings" (including its Appendix A) with changes, additions and deletions thereto as set forth in the proposed ordinance. The proposed ordinance establishes procedures and standards for the availability and installation of sprinkler systems in new residential developments and models in planned unit district developments . On this date, reading of the title ( "Residential Fire Sprinkler Systems" ) of the adopting ordinance, the title of NFPA 13D and any secondary standards therein adopted by reference was done. On Tuesday, May 19 , 1987 at 10 :30 a.m. , in the Chambers of the Board of Supervisors , County Administration Building, 651 Pine Street, Martinez, California, a public hearing will be conducted upon the proposed enactment of the said ordinance, and at the said public hearing any interested person may appear and be heard. Copies of the County Ordinance Code, and at least one copy each of the proposed ordinance and NFPA 13D are on file with the Clerk of this Board, and are open to public inspection. The Clerk of this Board shall cause this resolution to be published pursuant to Government code Section 6066 in the Contra Costa Times a newspaper of general circulation in this County. PASSED on April 21 , 1987 by the following vote: AYES: Supervisors Powers , Fanden , Schroder , Torlakson, McPeak. NOES: None . ABSENT: None . 1 hereby certify that this is a true and correct cope-,)f ABSTAIN• None. an action taken and entered on the minutes of ;ate Board of Supervlsors on the date shown. ATTESTE. .. �L�' --�--_ PHIL HATC EIOR,Clerk of the Board of Supervisors and County Administrator VJW:df 4/14/87 ) By __ , ocp-Ay RESOLUTION NO. 87/ 221