HomeMy WebLinkAbout6.4 Spark Arrestors Ordinance AGENDA STATEMENT
CITY COUNCIL MEETING DATE : July 27 , 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 Whenever
the House is Sold
3 ) Draft Resolution Making Findings that
the Ordinance is Necessary Because of
Climatic and Topographical Conditions
RECOMMENDATION : v ' 1 ) Open public hearing .
2 ) Receive Staff presentation .
3 ) Receive Public Testimony.
4 ) Waive reading and adopt ; Ordinance
Requiring Spark Arrestors to be
installed on Existing Chimneys
Whenever Work Exceeding $ 1 ,000 . 00 in
Value is Done and Ordinance
Requiring Spark Arrestors to be
Installed Whenever the House is Sold
( Exhibits 1 and 2 )
5 ) Adopt Resolution relating to Findings
of Necessity.
FINANCIAL STATEMENT : No identifiable costs to the City.
DESCRIPTION : At the City Council meeting of June 22 ,
1987 , the above ordinances were introduced . These ordinances
require the installation of spark arrestors at the time property
is sold or whenever work exceeding $ 1 ,000. 00 in value is done .
These ordinances are part of the implementation of the Planning
Commission recommendations relating to the Fire Safe Roofing
Ordinance . It is estimated that there are 2 , 800 homes in Dublin
without spark arrestors . This ordinance will reduce the fire
hazard where roofs are covered with non-fire retardant material .
It is anticipated that the installation of spark arrestors upon
sale of property will be accomplished in a manner similar to that
for installation of smoke detectors . ( State law requires the
installation of smoke detectors upon sale of residential
property) .
It is also anticipated that where there are no spark arrestors , ,
the seller will disclose that a spark arrestor is necessary and
the parties involved will agree as to responsibility for the
installation . Prior to close of escrow, the spark arrestor will
be installed by one of the parties to the sale . Thus , there is
no particular need for the City to be involved in any
inspections . The Building Inspection Department will be
available to provide technical advice . The department will also
notify local suppliers of the requirement of the ordinance so
spark arrestors complying to City standards will be available .
-----------------------------------------------------------------
ITEM NO . � COPIES TO : D . S . R . S . D .
S A C Board Realtors
r
r
In the case of work exceeding $1 ,000 . 00 value , the Building
Inspection Department will assure that a - spark arrestor will be
installed .
Exhibit 3 is a Resolution whereby the City Council finds that the
ordinance 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 .
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 the effective date of this Ordinance, 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 z 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 the effective date of this Ordinance, 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.
low
7) Transfers between spouses resulting from a decree of
dissolution of a marriage, from a decree of legal separation,
• -.or from. a-property sett lement-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 ] 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
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
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 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 27th day of July, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk