Loading...
HomeMy WebLinkAboutTC Ord 2023-05-03Page 1 of 3 Town Council Ordinance No. 601 N.S. Effective 6/3/2023 ORDINANCE NO. 601 N.S. AN ORDINANCE OF TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE TO ADOPT A NEW SECTION 13-4.1.1(J) THEREBY AMENDING SECTION 3110 OF THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE AND ADOPTING A NEW CHAPTER 13G - ADMINISTRATIVE AND PROGRAM REGULATIONS ON GATE SAFEGUARDS. THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1. Addition of new subsection (j) to TMC Subsection 13-4.1.1, amending portions of the 2022 California Building Code regarding gates. Section 13-4.1.1 (j) of the Municipal Code of the Town of Tiburon is hereby created to read as follows: (j) Section 3110 Automatic Vehicular Gates is amended to read as follows: 3110.1 General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Sections 3110.4 and other applicable sections of this code. 3110.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. 3110.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325. 3110.4 All Other Gates. Any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer’s recommendations, and shall be designed, constructed, and installed to meet all of the following: 1. Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware. 2. Gate shall be balanced and not move under the gate’s own weight or by gravity. 3. Rolling wheels shall be covered. 4. Gate shall have positive stops. Section 2. Addition of new Chapter 13G to the Tiburon Municipal Code regarding administrative and program regulations on gate safeguards. Chapter 13G of the Municipal Code of the Town of Tiburon is hereby created to read as follows: CHAPTER 13G – GATE SAFEGUARDS DocuSign Envelope ID: C84B93F0-5611-4B91-8BC3-9404C9C1CA19 Page 2 of 3 Town Council Ordinance No. 601 N.S. Effective 6/3/2023 13G-1 - Purpose. The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from gates detaching from supporting hardware or gates not being well maintained or inspected. The Town finds it necessary to require gates to be inspected periodically by a professional and record keeping to ensure the basic life safety of the public. 13G-2 - Definitions. For the purposes of this chapter, the following definitions shall apply: 1. "Property owner" means and includes, without limitation, the fee owner(s) of real property, their agents, or the person(s) in possession of the real property. 2. “Gate inspector” means any licensed fence installer, licensed automatic system installer, ICC certified building inspector, licensed architect, or licensed engineer. 3. “Written certification” means a document signed and/or stamped by a gate inspector attesting that the inspector performed an in-person inspection of the gate and based on that inspection has determined that the gate meets all of the standards set forth in this chapter, the gate has been maintained, and the gate is in good working order. In addition, the document shall include the following: a. Inspection date. b. Site address. c. Name of the property owner. d. Contact information of inspector. e. Signature and/or stamp of the inspector. 13G-3 - Scope. The provisions of this chapter shall apply to all vehicular gates and any gate more than 48 inches (1219 mm) in width or more than 84 inches (2134 mm) in height. 13G-4 - General requirements. Gates shall meet the requirements of ASTM F1184 and Section 3110 of Chapter 12.200.020 of this code. Gates with operators or similar systems shall also meet the requirements of UL 325 and ASTM F2200. 13G-5 - Maintenance and inspection. The Property owner shall keep all gates on the property well maintained and in good working order. The property owner shall have or cause to have all gates on the property inspected by a gate inspector and obtain a written certification at least once every five (5) years. The property owner shall keep a copy of the most recent written certification for each gate and make it available to the building official upon request. 13G-6 - Time limits for compliance. The property owner shall bring all gates existing as of the effective date of this ordinance into compliance with the provisions of this chapter, and obtain a written certification for each gate, by July 1, 2025 and at least once every five (5) years thereafter. The property owner of a new gate installed after the effective date of this ordinance shall immediately comply with the provisions of this chapter and obtain a written certification upon installation of the gate and at least once every five (5) years thereafter. Section 3 Severability. DocuSign Envelope ID: C84B93F0-5611-4B91-8BC3-9404C9C1CA19 Page 3 of 3 Town Council Ordinance No. 601 N.S. Effective 6/3/2023 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on April 19, 2023, and was adopted at a regular meeting of the Town Council at the Town of Tiburon on May 3, 2023, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: One Vacant Seat JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK DocuSign Envelope ID: C84B93F0-5611-4B91-8BC3-9404C9C1CA19