HomeMy WebLinkAbout6.3 Spark Arrestors AGENDA STATEMENT
CITY COUNCIL MEETING DATE : June 22 , 1987
SUBJECT : Public Hearing on Spark Arrestors
EXHIBITS ATTACHED : 1 ) Draft Ordinance Requiring Spark
Arrestors to be Installed on Existing
Chimneys Whenever Work Exceeding
$1 ,000 .00 in Value is Done
2 ) Draft Ordinance Requiring Spark
Arrestors to be Installed on an
Existing Chimney Whenever the House
is Sold
3 ) Draft Ordinance Requiring a Spark
Arrestor to be Installed on all
Existing Chimneys Within 6 Months
4 ) Draft Resolution Making Findings that
the Ordinance is Necessary Because of
Climatic and Topographical Conditions
RECOMMENDATION : 1 ) Open public hearing .
2 ) Receive Staff presentation .
3 ) Receive Public Testimony.
4 ) Waive reading andintroduce .
Alternative No . 1
Ordinance requiring spark arrestors
upon sale of property, or when
building permit authorizing
alterations or repairs over
$1 , 000 . 00 is issued .
Alternative No . 2
Ordinance requiring spark arrestors
within a specified time.
5 ) Adopt Resolution relating to Findings
of Necessity.
FINANCIAL STATEMENT : Cost of locating homes without spark
arrestors ; sending notices to comply;
and follow-up enforcement is estimated
to be $17 ,000 . 00 .
Costs to affected property owners is
estimated to be $249 ,200 . 00 .
DESCRIPTION : At the City Council meeting of April 27 ,
1987 , a public hearing was held in connection with the a op ion
of—T- e Fire Safe roof ordinance and installation of spark
arrestors . After the public hearing was closed the matter was
referred to Staff to investigate the feasibility of requiring
spark arrestors to be installed within a specified time and to
review the standards for spark arrestors .
The Building Official estimates that there are 2 ,800 homes in
Dublin with fireplaces that are not equipped with spark
arrestors . If an ordinance is adopted requiring installation of
spark arrestors , the cost would be as follows :
City Costs
1 . Locating homes without spark arrestors and notifying owners
to install spark arrestors - $12 , 000 . 00
2 . Follow-up inspection to assure compliance - $5 ,000. 00 .
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ITEM N0. • COPIES TO: D. S . R . S . D .
S A C Board Realtors
, Building Owners Costs
1 . Spark Arrestor $38 . 00 x 2 ,800 = $106 ,400. 00
Installation $62 . 00 x 1 ,400 * _ 86 ,800 . 00
Permit $20 . 00 x 2 ,800 = 56 ,000 . 00
* assumes that 50% will be installed by owners at no" cost for
labor .
The Building Official reviewed the standards for spark arrestors .
The Building Code requires 12 gauge wire and specifies the size
of the opening in the mesh . The Building Official believes that
this is adequate to assure that quality materials are used .
The Ordinance requiring spark arrestors to be installed at time
of sale or when alterations costing over $ 1 ,000 . 00 are done
( Exhibits 1 & 2 ) was recommended by the Planning Commission . It
would pro a y take more than 20 years before all buildings would
be equipped with spark arrestors .
Exhibit 3 is an Ordinance requiring spark arrestors to be
installeu within 6 months . The City Council after the public
hearing may wish to consider an alternate date for compliance .
Exhibit 4 is a Resolution whereby the City Council finds that the
Ordinance and requirement for spark arrestors is necessary
because of climatic and topographical conditions . State law
requires the findings to be made whenever local building
regulations are adopted that differ from the regulations adopted
by the State Department of Community Development .
9
+ ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE 02-84
ESTABLISHING FIRE HAZARD AREAS AND REQUIRING THE INSTALLATION OF
SPARK ARRESTORS ON EXISTING CHIMNEYS WHEN ALTERATIONS, REPAIRS OR
ADDITIONS REQUIRING A PERMIT HAVING A VALUE IN EXCESS OF 1,000.00 OCCUR
The City Council of the City of Dublin does ordain as follows:
Section I
Section 22. 15 of Ordinance 02-84 is amended to read:
Section 3703(f) Height & Termination
Every chimney shall extend above the roof and the highest elevation of any
part of a building as shown in Table No. 37-B. For altitudes over 2000 feet,
the Building Official shall be consulted in determining the height of.the
chimney.
All chimneys attached to any appliance or fireplace that burns solid or liquid
fuel shall terminate in an approved spark arrester. The spark arrester shall
be constructed with 12 gauge minimum welded or woven wire mesh which will not
permit passage of spheres having a diameter larger than z inch nor block
passage of spheres having a diameter of less than 3/8 inch. The spark
arrester shall have a net free area of not less than four (4) times the net
free area of the chimney it serves.
When alterations, repair or additions requiring a permit and having a
valuation in excess of $1,000 occur in an existing building that has a chimney
attached to any appliance, fireplace or incinerator that burns solid or liquid
fuel and said chimney does not have a spark arrestor, a spark arrestor shall
be installed.
Section III Effective Date and Posting of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this
day of 1987, by the following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN REQUIRING THE INSTALLATION
OF SPARK ARRESTORS ON EXISTING CHIMNEYS ON TRANSFER OF
PROPERTY BY SALE OR EXCHANGE
The City Council of the City of Dublin does ordain as follows:
Section I.
Spark Arrestors; Single-Family dwellings transfer of property by sale or
exchange.
(a) On and after July 1, 1987, every single-family dwelling which is
sold and which has an appliance or fireplace connected to a chimney shall
terminate in a spark arrestor. Said spark arrestor shall be constructed with
12 gauge minimum welded or woven wire mesh which will not permit passage of
spheres having a diameter larger than 2 inch, nor block passage of spheres
having a diameter of less than 3/8 inch. The spark arrestor shall have a net
free area of not less than four (4) times the net free area of the chimney it
serves.
(b) On and after July 1, 1987, the transfer of any real property
containing a single-family dwelling, whether the transfer is made by sale,
exchange, or real property sales contract, as defined in Section 2985 of the
State Civil Code, shall deliver to the transferee a written statement
indicating that the transferor is in compliance with this section. The
disclosure statement shall be either included in the receipt for deposit in a
real estate transaction, an addendum attached thereto, or a separate document.
(c) The transferor shall deliver the statement referred to in
subdivision (b) as soon as practicable before the transfer of title in the
case of a sale or exchange, or prior to execution of the contract where the
transfer is by a real property sales contract, as defined in Section 2985 of
the State Civil Code. For purposes of this subdivision, "delivery" means
delivery in person or by mail to the transferee or transferor, or to any
person authorized to act for him or her in the transaction, or to additional
transferees who have requested delivery from the transferor in writing.
Delivery to the spouse of a transferee or transferor shall be deemed delivery
to a transferee or transferor, unless the contract states otherwise.
(d) This section does not apply to any of the following:
1 ) Transfers which are required to be proceded by the furnishing
to a prospective transferee of a copy of a public report
pursuant to Section 11018. 1 of the Business and Professions
Code.
2) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in the administration
of an estate, transfers pursuant.to a writ of execution,
transfers by a trustee in bankruptcy, transfers by eminent
domain, or transfers resulting from a decree for specific
performance.
3) Transfers to a mortgagee by a mortgagor in default, transfers
to a beneficiary of a deed of trust by a trustor in default,
transfers by an foreclosure sale after default, transfers by
any foreclosure sale after default in an obligation secured by
a mortgage, or transfers by a sale under a power of sale after
a default in an obligation secured by a deed to trust or
secured by any other instrument containing a power of sale.
4) Transfers by a fiduciary in the course of the administration of
a decedent's estate, guardianship, conservatorship, or trust.
'5) Transfers from one coowner to one or more coowners.
6) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
.°N,
7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation,
or from a property settlement ageement incidental to either of
those decrees.
8) Transfers by the Controller in the course of administering the
Unclaimed Property Law provided for in Chapter 7' (commencing
with Section 1500) of. Title 10 of Part 3 of the Code of Civil
Procedure.
9) Transfer under the provisions of Chapter 7 (commencing with
Section 3691) or Chapter 8 (commencing with Section 3771 ) of
Part 6 of Division 1 of the Revenue and Taxation Code.
(e) No liability shall arise, nor any action be brought or maintained
against, any agent of any party to a transfer of title, including any person
or entity acting in the capacity of an escrow, for any error, inaccuracy, or
omission relating to the disclosure required to be made by a transferor
pursuant to this section. However, this subdivision does not apply to a
licensee, as defined in Section 10011 of the State Business and Professions
Code, where the licensee participates in the making of the disclosure required
to be made pursuant to this section with actual knowledge of the falsity of
the disclosure.
(f) Except as otherwise provided in this section, this section shall
not be deemed to create or imply a duty upon a licensse, as defined in Section
10011 of the State Business and Professions Code, or upon any agent of any
party to a transfer of title, including any person or_ entity: acting in the
capacity of an escrow, to monitor or ensure compliance with this section.
(g) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the failure
to comply with this section is an award of actual damages not to exceed one
hundred dollars ($100) , exclusive of any court costs and attorney's fees.
(h) For the purposes of this section, "single-family dwelling" does
not include a manufactured home as defined in Section 18007, a mobilehome as
defined in Sectin 18008, or a commercial coach as defined in Section 18001 .8
Section II. Effective Date and Posting of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of. Dublin on this
day of 1987, by the following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
v
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE 02-84
REQUIRING THE INSTALLATION OF SPARK ARRESTORS
ON ALL EXISTING CHIMNEYS WITHIN 6 MONTHS
The City Council of the City of Dublin does ordain as follows:
Section I
Section 22. 15 of Ordinance 02-84 is amended to read:
Section 3703(f) Height & Termination
Every chimney shall extend above the roof and the highest elevation of any
part of a building as shown in Table No. 37-B. For altitudes over 2000 feet,
the Building Official shall be consulted in determining the height of the
chimney.
All chimneys attached to any appliance or fireplace that burns solid or liquid
fuel shall terminate in an approved spark arrester. The spark arrester shall
be constructed with 12 gauge minimum welded or woven wire mesh which will not
permit passage of spheres having a diameter larger than J inch nor block
passage of spheres having a diameter of less than 3/8 inch. The spark
arrester shall have a net free area of not less than four (4) times the net
free area of the chimney it serves.
Notwithstanding the provisions of Section 11 .8 of Ordinance 02-84. All
existing chimneys shall be equipped with a spark arrestor within 6 months from
the adoption of this Ordinance.
Section III Effective Date and Posting of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. The City Clerk of the City of Dublin shall
cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this
day of 1987, by the following votes:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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FINDINGS AS TO WHY AMENDMENTS
TO THE UNIFORM CODES ARE NECESSARY
WHEREAS, California Health and Safety Code Section 17958 and
Section 17958.5 allow the City, by Ordinance, to make modifications or
changes to the State Building Standards Code and other regulations adopted
pursuant to California Health and Safety Code Section 17922; and
WHEREAS, California Health and Safety Code Section 17958.5
requires that such changes must be determined to be reasonably necessary
because of local climatic, geographical, or topographical conditions; and
WHEREAS, California Health and Safety Code Section 17958.7
requires that the governing body of the City, before making any modifications
or changes pursuant to Health and Safety Code Section 17598.5, shall make an
express finding that each such modification or change is needed; and
WHEREAS, such findings must be made available as a public
record, and a copy thereof with each such modification or change shall be
filed with the Department of Housing and Community Development, State of
California; and
WHEREAS, the City Council has before it an Ordinance requiring
the installation of spark arrestors on existing chimneys; and
WHEREAS, the City Council hereby determines that the proposed
Ordinance, presented herewith, establishes requirements greater than those
set forth in the California State Building Standards Code, as adopted by the
City of Dublin and set forth in Ordinance 02-84.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that each of the aforementioned changes or modifications which
are set forth in this Draft Resolution are reasonably necessary because of
local climatic conditions in the area encompassed by the boundaries of the
City of Dublin because the City has a hot, dry, windy climate which is
conducive to the spread of fire from building to building.
BE IT FURTHER RESOLVED that a copy of this Resolution and
Ordinance be sent to the State Department of Housing & Community Development.
PASSED, APPROVED AND ADOPTED this 22nd day of June, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk