HomeMy WebLinkAboutOrd 762 ORDINANCE NO. 762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING PROVISIONS OF CATHEDRAL CITY
MUNICIPAL CODE CHAPTER 8.12 AND THE CALIFORNIA FIRE CODE
(2013 EDITION ARTICLE 9-907.2.10.5.4) RELATING TO SMOKE
ALARM REQUIREMENTS UPON SALE OF CERTAIN RESIDENTIAL
DWELLINGS
WHEREAS, the State has adopted and approved the 2013 edition of the
California Building Standards Code ("Code"), which are published in Title 24 of the
California Code of Regulations and are based on the latest national, uniform and
international model building codes; and
WHEREAS, as permitted by and in accordance with the California Building
Standards Law (Health & Safety Code section 18941.5(b)), the City of Cathedral City
(the "City") adopted amendments to the Code on or about November 13, 2013, which
amendments became effective on January 1, 2014; and
WHEREAS, the current provisions of section 8.12.020 of the Cathedral City
Municipal Code ("CCMC") require installation of "dual sensor" (photoelectric and
ionization) residential smoke detectors based on prior recommendations from the
International Association of Fire Chiefs and California Fire Chiefs Association; and
WHEREAS, the California Office of the State Fire Marshal ("OSFM") recently
determined removal of smoke detector batteries by residential occupants as one of the
more serious hazards to life safety; and
WHEREAS, as of July 1, 2014, Health & Safety Code section 13114 requires all
new smoke alarms that are solely battery powered to have a non-replaceable, non-
removable battery that is capable of powering the smoke alarm for at least ten years in
order to be listed by the California OSFM; and
WHEREAS, the City Council of the City ("City Council") has determined that the
advantage of smoke alarms being installed in Cathedral City with a non-replaceable,
non-removable battery that is capable of powering the smoke alarms for at least ten
years outweighs the current "dual sensor" smoke alarm requirement and ensures that
sellers of real property, relators and escrow agents can meet the requirements of the
CCMC; and
WHEREAS, the City Council has further determined that adopting a brief phase-
in period to accommodate those residential properties that had previously installed
smoke alarms in compliance with the prior provisions of the CCMC is warranted; and
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WHEREAS, at the conclusion of a duly-noticed public hearing on June 22, 2015
at which evidence was presented and duly considered, the City Council found that this
Ordinance updating CCMC Chapter 8.12 is needed to conform with the requirements of
the Health &Safety Code and to provide appropriate fire protection to residential
structures in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1. AMENDMENT OF CATHEDRAL CITY MUNICIPAL CODE,
CHAPTER 8.12, SECTION 8.12.020, SUBDIVISION T
Subdivision T of Section 8.12.020 of Chapter 8.12 of the Cathedral City Municipal
Code shall be revised to read as follows:
T. Section 907.2.10.5.4 is added to provide for the installation of detection
devices upon the sale of certain dwellings:
907.2.10.5.4 Upon sale of any residential dwelling and factory-built housing, the
seller shall have installed therein, permanently wired smoke detectors (alarms)
or ten-year tamper-proof battery powered approved
detectors of products of combustion other than heat only, as
required by the Fire Code. -= ------- - -- -— _ -- - __ —_ == = _ A _ - _.
The smoke alarms are required to be State Fire Marshal approved and listed.
The seller must obtain certification from the Fire Department of the installation
and proper operation prior to close of sale of property.
Phase-in Period: The foregoing notwithstanding, residential properties
which installed battery powered dual sensor smoke alarms, without a 10-
year tamper proof battery (as permitted by the prior provisions of this
Section) on or before the effective date of this revision, may retain such
alarms if the property is sold during the period of September 1, 2015
through August 31, 2017.
Section 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court
action of competent jurisdiction or by reason of any preemptive legislation, the
remaining provision, sections, paragraphs, sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
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Section 3. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code adopted by the City of
Cathedral City that are in conflict with the provisions of this ordinance are hereby
repealed.
Section 4. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to amend the City's Bail Schedule to
conform to the revised penalty and fine provisions established by this ordinance and to
cause such amended Bail Schedule to be filed with the local branches of the Superior
Court of the County of Riverside.
Section 5. ENVIRONMENTAL FINDINGS
The City Council finds that adoption tion of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to Title 14 California
Code of Regulations section 15061, subsection (b)(3), because there is nothing in this
chapter or its implementation that could foreseeably have any impact on the
environment.
Section 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption by the City
Council of the City of Cathedral City.
Section 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on July 22 , 2015 by the following vote:
AYES: Councilmembers Aguilar, Carnevale and Kaplan;Mayor Pro
Tern Pettis and Mayor Henry
NOES: None
ABSTAIN: None
ABSENT: None
tan Hen a o
Y
ATTEST:
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, (
_A . co
G-ry F. Ho -II, City ilerk
APPROVED AS TO FORM
/
Charles R. Green, City Attorney
P:WPPS\WPDATA\CATH\0008\DOC\008.2-Amend Ch.8.12 Smoke Alarm Ord(06.11.15)rev.doc
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