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Home My WebLink AboutTC Agd Pkt 2022-10-19 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council October 19, 2022 Special Meeting – 4:00 P.M. Regular Meeting – 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Government Code section 54953(e), the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://us06web.zoom.us/j/81074564418 Webinar ID: 810 7456 4418 Call-in Number: +1 669 444 9171 Access Code: 810 7456 4418 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes for August 31, 2022 Town Council special meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for September 21, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-4. Vacancies on Town Boards and Commissions – Announce special vacancy on the Diversity Inclusion Task Force (Department of Administrative Services) CC-5. Resolution – Adopt resolution in recognition of Tiburon Peninsula Chamber of Commerce Business of the Year (Department of Administrative Services) CC-6. Municipal Code Amendments – Adopt ordinance for AB481 compliance (Military Equipment Ordinance) adopting the Military Equipment Use Policy (Police Department) CC-7. Measure A Parks Tax Proceeds – Approve the grant agreement for disbursement of Measure A tax proceeds and authorize the Town Manager to execute the agreement (Department of Public Works) ACTION ITEMS AI-1. Thomas Jackson Public Art Proposal – Consider approval of the Thomas Jackson public art installation (Heritage & Arts Commission) AI-2. 1911 and 1915 Mar West Street – Consider approval of a partial street abandonment associated with a proposed lot line adjustment (Community Development Department) [CONTINUED TO NOVEMBER 16, 2022] PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt by reference with modifications to the latest state-authorized construction and fire codes (Community Development Department) – Introduction and first reading of ordinance DISCUSSION ITEMS DI-1. ARP Funds – Update on status of American Rescue Plan funding and discussion on possible future allocations. TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. DR A F T Page 1 of 3 Tiburon Town Council Minutes #18-2022 DRAFT August 31, 2022 TOWN COUNCIL SPECIAL MEETING DRAFT MINUTES Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:30 P.M. Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on Wednesday, August 31, 2022. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Town Clerk Dilena CLOSED SESSION 1.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: (One potential case) Claim filed by Honeybadger Acquisitions LLC on March 23, 2022 on file with the TownClerk’s office ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ACTION ITEMS AI-1. Draft Housing Element – Discuss the draft Housing Element, receive public comments, and consider adoption of a minute order direction to staff on any needed revisions to the draft Housing Element prior to submission to the California Department of Housing and Community Development (Community Development Department) Public comment was received by: •Tracy Gary, who spoke about retaining local control of zoning. •Hilary Ross and Joshua Dick, who expressed frustration about the lack of guidance andbelieved not all units should be downtown. CC-1 DR A F T Page 2 of 3 Tiburon Town Council Minutes #18-2022 DRAFT August 31, 2022 • George Landau, who asked what would happen if all the downtown landowners also refused to build on their properties. • John Leszczynski, who asked about the possibility of including open space. • Leonor Noguez, who believed that part of the traffic problems were created by service workers coming to town, and that problem could be alleviated if more of those workers lived in town. • Matan Shacham, who spoke on behalf of a group of residents expressing opposition to adding more units back to the Cove Shopping Center area. • Anne Libbin, who also agreed that many local service workers should be able to live in town and spoke in support of additional housing to improve diversity. • Jim White, who recommended the Council consider converting single family zoning to multi family zoning instead of giving up commercial space downtown. • Suzanne Kim, who expressed concern that Tiburon will lose its local teachers if there is not affordable housing available and said the Design Review Board is working on objective standards for the housing units. • Tom Struttman, who recommended the Town undertake a parallel study on the traffic and environmental impacts of the additional housing units. • H. McCorkindale, who expressed concerns about evacuation if most of the units are planned for downtown. • Brenda Bottum, who expressed concerns about the impacts of planning most of the units downtown. • Julie Jacobs, who hoped the Town would not rush the rezoning process to give more opportunities for appeal or to annex additional areas. • Dorene Curtis, who requested a legal analysis of the zoning requirements. • Seth Jacobs, who asked the Town Council to consider whether the proposal is consistent with Town values. • David Barker, who believed the downtown area was underutilized as it is now and it was time to share the privilege of living in Tiburon with others, but it would be good to spread the development over a longer period of time. MOTION: To adopt a minute order to direct staff to submit the Draft Housing Element, as amended, with changes submitted by Councilmember Alice Fredericks, to delete the words “but only” from the final sentence of Page 5, Paragraph 2 (Section 1.4), and changes to the buffer as presented. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 7:40 p.m. JON WELNER, MAYOR TOWN OF TIBURON DR A F T Page 3 of 3 Tiburon Town Council Minutes #18-2022 DRAFT August 31, 2022 ATTEST: LEA DILENA, TOWN CLERK DR A F T Page 1 of 5 Tiburon Town Council Minutes #20-2022 DRAFT September 21, 2022 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:30 P.M. Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on Wednesday, September 21, 2022. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1.CONFERENCE WITH PROPERTY NEGOTIATORS Property: (500 Tiburon Boulevard) Town Negotiator: (Town Manager and Town Attorney)Negotiating Parties: (Richardson Bay Sanitation District)Under negotiations: (Concerning prices and terms of payment) 2.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Codesection 54956.9: (One potential case) Public comment was received by: •John Goodhart, who spoke about his neighbor’s fence. ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Administrative Services Creekmore, CC-2 DR A F T Page 2 of 5 Tiburon Town Council Minutes #20-2022 DRAFT September 21, 2022 Public Works Engineering Manager Eshoo, Chief of Police Monaghan, Town Clerk Dilena ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Kathy Silverfield asked when the revised housing element would be made available to the public. Dorene Curtis asked the Council to direct staff to make the revised housing element available to the public at time of submission. Julie Jacobs, who believed the first draft of the housing element did not adequately take community impacts into account and wanted to ensure the 3-story cap would be included in the revised draft. PRESENTATIONS • Presentation on Measure M funding for Martha Property (Jerry Riessen) Public comment was received by: • George Landau, who spoke in support of Measure M. • Star Porter, who spoke in support of Measure M. CONSENT CALENDAR CC-1. Investment Summary – Adopt investment summary for month ending July 30, 2022 (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for September 7, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-4. Legal Services Agreement – Approve second amendment to the Town Attorney Legal Services Agreement (Office of the Town Manager) CC-5. 2023 Various Streets Project Design – Authorize the Town Manager to enter into a contract with Pavement Engineering Incorporated (PEI) for design services for the 2023 Various Streets Project, at a cost not to exceed $150,440 (Department of Public Works) DR A F T Page 3 of 5 Tiburon Town Council Minutes #20-2022 DRAFT September 21, 2022 CC-6. Conflict of Interest Code Update – Adopt resolution accepting the biennial review and update of the Town’s Conflict of Interest Code (Department of Administrative Services) CC-7. Point Tiburon Marsh – Adopt a resolution authorizing the submission of nine ballots on behalf of the Town in favor of the proposed Restated Bylaws for the Point Tiburon Marsh Homeowners Association (Office of the Town Attorney) MOTION: To adopt Consent Calendar Items 1-7, as written. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS AI-1. Climate Action Plan – Consider adoption of a resolution that would adopt the Town’s Climate Action Plan (Community Development Department) Public comment was received by: • Sanna Thomas, who spoke in support of the proposed Climate Action Plan. • Pat Carlone, who spoke in support of the proposed Climate Action Plan. MOTION: To adopt the resolution adopting the Climate Action Plan. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-2. Main Street Closure – Consider approval of a closure of Main Street for a Diwali celebration on October 22, 2022 (Office of the Town Manager) MOTION: To approve a closure of Main Street on October 22, 2022 from 2:00 p.m. to 8:00 p.m. for the Diwali Celebration. Moved: Thier, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-3. ARP Funding Request – Consider request by the Tiburon Peninsula Chamber of Commerce and Destination Tiburon for a direct allocation of American Rescue Plan funds to make up for revenue losses incurred due to the effects of the COVID-19 pandemic MOTION: To appropriate the Transient Occupancy Tax revenue loss amount to the Chamber of Commerce and destination:Tiburon equally, in the amount of $103,736 total. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner MOTION: To appropriate the TTBID revenue loss of $207,474 to destination:Tiburon. Moved: Thier, seconded by Griffin VOTE: AYES: Griffin, Thier DR A F T Page 4 of 5 Tiburon Town Council Minutes #20-2022 DRAFT September 21, 2022 NAYS: Fredericks, Ryan, Welner MOTION: To authorize a budget amendment in the amount of $103,736 to fund the request. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-4. Congestion Management Program – Consider adoption of a resolution that would elect the Town to opt out of the Marin County Congestion Management Program (Department of Public Works) MOTION: To adopt the resolution electing the Town to opt out of the Marin County Congestion Management Program (CMP). Moved: Fredericks, seconded by Griffin VOTE: Fredericks, Griffin, Ryan, Thier, Welner AI-5. Marin County Grand Jury Response – Consider approval of the Town’s response to Marin County Civil Grand Jury Report titled “Affordable Housing: Time for Collaboration in Marin” (Office of the Town Manager) MOTION: To approve the Town’s response to the Marin County Civil Grand Jury Report titled “Affordable Housing: Time for Collaboration in Marin”. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to the Municipal Code for AB 481 compliance (Military Equipment Ordinance) and consider approval of the Military Equipment Use Policy (Police Department) – Introduction and first reading of ordinance MOTION: To introduce the ordinance, as amended, and read by title only. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner Town Attorney Stock read “An Ordinance of the Town Council of the Town of Tiburon Military Equipment Ordinance”. MOTION: To pass first reading of the ordinance, waiving further readings, and to schedule for adoption at the next regular meeting. Moved: Ryan, seconded by Fredericks ROLL CALL VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner TOWN COUNCIL REPORTS None. DR A F T Page 5 of 5 Tiburon Town Council Minutes #20-2022 DRAFT September 21, 2022 TOWN MANAGER REPORT Town Manager Chanis said the 10/5/22 regular Town Council meeting would be cancelled. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:15 p.m. JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: AB 361 Teleconference Meetings Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1). BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to allow fully virtual board meetings during a state of emergency. AB 361 amends Government Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of the state of emergency and 2) that the state of emergency continues to directly impact the ability of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: CC-3 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2022 DRAFT 10/19/2022 DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID- 19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron Variant (Omicron Variant) are highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, on January 5, 2022, the California Department of Public Health issued guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate more than sixfold and doubled COVID-19 hospitalization rates; and Page 2 of 2 Town Council Resolution No. XX-2022 DRAFT 10/19/2022 WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act. PASSED AND ADOPTED at a regular meeting of the Town Council on October 19, 2022, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Announcement of Special Vacancy on the Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Diversity Inclusion Task Force member Leela Stake submitted her resignation from the task force, effective September 30, 2022. The Council will announce the special vacancy on the task force and invite applications to fill the vacancy. RECOMMENDED ACTION(S) 1. Announce the special vacancy on the Diversity Inclusion Task Force by adoption of this report on the Consent Calendar. BACKGROUND Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce special vacancies that have occurred on Town boards, commissions and committees at the earliest possible Town Council meeting following the vacancy, and direct staff to publish a special vacancy notice in a newspaper of general circulation to inform the public of the vacancy and to seek applicants to fill the position. On September 22, 2022, Diversity Inclusion Task Force member Leela Stake submitted her resignation from the task force, effective September 30, 2022. The Notice of Special Vacancy (Exhibit 1) has been posted and staff is seeking applicants to fill out the remainder of the term until February 2023. The application period will close at 5:00 p.m. on November 18, 2022. The Town Council will be required to interview all new candidates before an appointment is made. ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: CC-4 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council announce the special vacancy on the Diversity Inclusion Task Force by adoption of this report on the Consent Calendar. Exhibit(s): 1. Special Vacancy Notice Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 SPECIAL VACANCY NOTICE Diversity Inclusion Task Force 2022 Diversity Inclusion Task Force Number of Vacancies: 1 Statutory Authority: Tiburon Town Council Resolution No.43-2020 Purpose: The 10-member task force serves to provide advice to the Town Council, Town Manager, and Police Chief regarding issues of diversity and inclusion involving the local police force and to provide advice to the Town Council regarding ways to improve diversity and inclusion generally in Tiburon. Qualifications: Applicants should be full-time residents of Tiburon or Belvedere, have an interest in working on Town policies regarding diversity and inclusion, possess some awareness about how the role of systemic racism produces inequities, including experiences, qualifications, and knowledge either in their professional careers, volunteer work, or personal capacities to engage, organize and provide recommendations to achieve diversity inclusion goals and policies of the Town. Interested residents should contact Tiburon Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7373 for more information, or visit the Town’s website at www.townoftiburon.org. Deadline for Applications: November 18, 2022 at 5:00 p.m. Notice Posted at Town Hall on 10/13 Published in the Ark newspaper on 10/19 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Adopt Resolution Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a resolution honoring the Tiburon Peninsula Chamber of Commerce Business of the Year, A&C Ventures. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1). BACKGROUND The Tiburon Peninsula Chamber of Commerce has named A&C Ventures as the 2022 Tiburon Peninsula Chamber of Commerce Business of the Year. A&C Ventures will be recognized by the Chamber and presented with the Council’s resolution in November. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: CC-5 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the resolution, attached as Exhibit 1. Exhibit(s): 1. Draft Resolution Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 RESOLUTION NO. 37-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING A&C VENTURES UPON ITS SELECTION AS THE 2022 TIBURON PENINSULA CHAMBER OF COMMERCE BUSINESS OF THE YEAR WHEREAS, A&C Ventures, with Chairman and CEO David Grieve at the helm, opened a Tiburon office in 2018; and WHEREAS, since 2018, A&C Ventures has worked tirelessly to bring a spectacular portfolio of tenants to downtown Tiburon, including dynamic new restaurants, entertainment venues, and merchants, investing upwards of $50 million in our community; and WHEREAS, David Grieve believes the key to a successful downtown revitalization is a great restaurant, and he found that flagship partner in award-winning chef Michael Mina; and WHEREAS, the Bungalow Kitchen by Michael Mina became the cornerstone of that strategy, opening its doors in November 2021, and quickly becoming the vibrant community clubhouse Tiburon’s pandemic-weary locals so desperately needed; and WHEREAS, the Bungalow Kitchen has been a transformative addition to downtown Tiburon, but A&C Ventures’ strategic plan is just getting started; and WHEREAS, despite many pandemic-related challenges, A&C Ventures continues to see development potential downtown and has remained committed to bringing Main Street back to life with an invigorated food scene, fabulous merchants, and an exciting, new theatrical experience; and WHEREAS, A&C Ventures has been the driving force behind Tiburon’s expansive downtown revitalization; and WHEREAS, with so much on the near horizon for downtown Tiburon, A&C Venture’s unparalleled vision and commitment to the Town has significantly contributed to the continued growth and livelihood of Tiburon’s business and local communities. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby commends A&C Ventures on its well-deserved selection as the Chamber’s 2022 Business of the Year and expresses its sincere appreciation to A&C Ventures for its contributions to the quality of life in the Town of Tiburon. PASSED AND ADOPTED on this 19th day of October, 2022. JON WELNER, MAYOR TOWN OF TIBURON TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Police Department Subject: Tiburon Military Equipment Use: Second Reading and Adoption of Ordinance to Add Ordinance the Tiburon Municipal Code Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will be considering approval of the second reading of a Municipal Code amendment to add Ordinance No. 2022-XX to the Tiburon Municipal Code that requires the approval of Town Council for a military equipment use policy. RECOMMENDED ACTION(S) Staff recommends that the Town Council adopt the ordinance (Exhibit 1) by adoption of this item on the Consent Calendar. BACKGROUND On September 21, 2022, the Town Council introduced a Military Equipment Ordinance (Exhibit 1) that would add Ordinance No. 2022-XX to the Tiburon Municipal Code. The ordinance provides for Town Council approval, through the adoption of a Tiburon Police Military Equipment Use Policy (Exhibit 2), prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. Based on input from Town Council, Staff added verbiage to section 706.7 – Annual Report – of the policy requiring that Town Council be notified of any new military equipment within 30 days of the acquisition date. ANALYSIS This is a consent calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item CC-6 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. FISCAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the ordinance (Exhibit 1) by adoption of this item on the Consent Calendar. Exhibit(s): 1. Draft Military Equipment Ordinance 2. Draft Military Equipment Policy Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 DRAFT ORDINANCE NO. 2022-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MILITARY EQUIPMENT USE ORDINANCE WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 including that the Town Council of Tiburon approve a Military Equipment and Use policy by Ordinance; WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Tiburon Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Tiburon Police Department works closely with other local, county, state and federal law enforcement agencies within Marin County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the Town is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, Tiburon Police Policy 706 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the Town Council desires to approve a military use policy in compliance with AB 481. NOW, THEREFORE, the Town Council of the Town of Tiburon, California, DOES HEREBY ORDAIN as follows: Section 1. The Town Council of the Town of Tiburon finds and determines as follows: A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance. B. Authorizing the use of military equipment as set forth in this ordinance and Tiburon Police Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Tiburon Police Policy 706 is part of the Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively. C. This ordinance and Tiburon Police Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the Town of Tiburon. D. The Tiburon Police Department is not seeking to purchase any additional military equipment at this time. If in the future the Tiburon Police Department does desire to purchase additional military equipment, it will provide details through the Annual Report. E. Prior military equipment use by the Tiburon Police Department complied with the military equipment use policy that was in effect at the time of the use. F. This ordinance and Tiburon Police Policy 706 comply with the requirements of AB 481. Section 2. The Town Council finds that this ordinance and Tiburon Police Policy 706 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. Section 3. Approval of Military Equipment Policy. The Town Council, by this Ordinance, adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The Town Council further directs staff to establish an annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The Town Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the Town Clerk of the Town of Tiburon shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933. Section 6. Environmental Review. The Town Council finds the approval of the Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. INTRODUCED AND FIRST READ by the Town Council of the Town of Tiburon at a regular meeting thereof on the __ day of ____, 2022. PASSED, ADOPTED, AND APPROVED by the Town Council of the Town of Tiburon at a regular meeting thereof this ___ day of ___, 2022 by the following vote to wit: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK EXHIBIT 2 Policy 706 Tiburon Police Department Tiburon PD Policy Manual Copyright Lexipol, LLC 2022/10/13, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 1 Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Tiburon Police Department. Military equipment – California Government Code section § 7070 (c) defines Military Equipment as any of the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs_ and motorized dirt bikes are specifically excluded from this subdivision. •Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. •Firearms of_.50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision. •Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision •Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in Sections § 30510 and § 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency. •Any firearm or firearm accessory that is designed to launch explosive projectiles. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/10/13, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 2 •"Flashbang" grenades andexplosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag, " rubber bullets and specialty impact munition (SIM) weapons. •Any other equipment as determined by a governing body or a state agency to require additional oversight. •Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designed as prohibited or controlled by the federal Defense Logistic. 706.2 APPROVAL The Chief of Police or the authorized designee has obtained approval from the governing body, the Tiburon Town Council, by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee submitted the military equipment policy to the Tiburon Town Council and made it available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). This military equipment policy was approved by the Tiburon Town Council on September 21, 2022 prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 706.3 POLICY It is the policy of the Tiburon Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/10/13, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 3 706.4 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Tiburon Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.5 MILITARY EQUIPMENT INVENTORY The list linked below constitutes a list of qualifying equipment for the Department: https://policy.lexipol.com/app/agency/view-file/4012204049181493504? manualld=1220031120144703450 706.6 COORDINATION WITH OTHER JURISDICTIONS Law enforcement agencies responding to a call for mutual aid or who participate in collaboration or coordination with the Tiburon Police Department within the Town of Tiburon shall adhere to their own policies on the use of military equipment. 706.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the Tiburon Town Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/10/13, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 4 The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory, which is the following information: (a)A summary of how the military equipment was used and the purpose of its use. (b)A summary of any complaints or concerns received concerning the military equipment. (c)The results of any internal audits, any information about violations of the military equipment use policy and any actions taken in response. (d)The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e)The quantity possessed for each type of military equipment. (f)If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The Tiburon Town Council will use the Annual Military Equipment Report as a mechanism to ensure the Tiburon Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Policy for the subsequent year. The Tiburon Town Council shall be notified no later than 30 days from the acquisition date of any new military equipment. 706.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9 POLICY COMPLIANCE Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1009, and other policies of the department related to officer discipline. Complaints, questions, or other inquiries can be made as descibed below in the Public Involvement section. Further, the Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/10/13, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 5 706.10 PUBLIC INVOLVEMENT Pursuant to California Government Code § 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means: (a)Via phone call to: (415) 789-2801 (b)Via mail sent to: Tiburon Police Deparmtnet, 1155 Tiburon Blvd., Tiburon, CA 94920 (c)Via email at: www.townoftiburon.org/268/Personnel-Complaints-Commendations The Tiburon Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consider Approval of Agreement with County of Marin for Measure A Parks Tax Proceed Disbursement Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider approving the updated County of Marin Measure A Parks Agreement (Exhibit 1) so that funding can continue to be administered by the county and disbursed to all eligible cities, towns, and qualifying special districts in Marin County. RECOMMENDED ACTION(S) Staff recommends the Town Council: 1. Approve the Grant Agreement for Disbursement of Measure A Parks tax proceeds, and authorize the Town Manager to execute the Agreement. BACKGROUND Voters approved re-implementation of Measure A (Ordinance 3760; Parks, Open Space, and Sustainable Agriculture Transactions and Use Tax) on June 7, 2022. The one-fourth cent (1/4 cent) sales tax became operative October 1, 2022 and is projected to generate $16,000,000 per year for nine years to support parks, open spaces, and sustainable agriculture in Marin. Under the program Cities, Towns and Ap Special Districts are slated to collectively receive 15%, or an estimated $2,400,000 per year toward local park and open space uses. For the last nine years the County of Marin has administered and disbursed parks funding to the cities, towns, and special districts for this program under previous individual agreements spelling out reporting timelines, populations, allocation formulas, and administrative and auditing requirements. This partnership between County and local governments resulted in broad investments in parks and open spaces in local communities and a clean audit track record across all local government recipients. As a result of the program renewal, all recipient agencies must enter into a new agreement with the County. The new agreements contain minor changes related to the re-implementation of this TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: CC-7 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 funding and updated population numbers, while retaining the allocation formulas and administrative requirements agreed to by local governments in 2013. ANALYSIS The County has prepared a Grant Agreement that each municipality must approve, attached as Exhibit 1. The agreement will govern the timing and method of the allocation of funds. The agreement lists four categories of appropriate expenditures: 1) To manage parks, open spaces, and recreational programming. 2) To maintain, restore and/or renovate existing parks, preserves and recreational facilities. 3) To construct new parks and recreational facilities or acquire parklands. 4) To engage in vegetation management to reduce wildfire risk, promote biodiversity or control invasive non-native weeds on private, municipal, or district lands. An annual work plan must be submitted to the County by December 1st each year, and an annual expenditure report must be made each fiscal year. Allocations will be made in two installments annually, paid in July and January. FINANCIAL IMPACT The estimated annual allocation for the Town of Tiburon is $85,428. This revenue is included as part of the FY2022-23 Operating and Capital Budget. No budget amendment is necessary. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends Town Council: 1. Approve the Grant Agreement for Disbursement of Measure A Parks tax proceeds, and authorize the Town Manager to execute the Agreement. Exhibits: 1. Grant Agreement Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 Measure A Cities, Towns and Special Districts Grant Agreement Page 1 of 7 GRANT AGREEMENT FOR DISBURSEMENT OF TAX PROCEEDS BETWEEN COUNTY OF MARIN AND CITY OF ________________ TOWN OF ________________ ________________ DISTRICT This Grant Agreement (hereinafter “AGREEMENT”) is made and entered into this ___ day of MONTH, 2022, by and between the County of Marin, a political subdivision of the State of California (hereinafter “COUNTY”), and the CITY/TOWN of__________________________, or _______________________ DISTRICT (hereinafter “CITY/TOWN/DISTRICT”), a political subdivision of the State of California, collectively hereinafter the “PARTIES”. Recitals Whereas, the Marin Parks, Open Space, and Sustainable Agriculture Transactions and Use Tax Ordinance 3760 (hereinafter “MEASURE A”; attached as Exhibit A) was approved by Marin County voters on June 7, 2022; and Whereas, upon becoming operative on October 1, 2022, MEASURE A applies to any unspent fund balance from the Marin Parks, Open Space, and Farmland Preservation Transactions and Use Tax Ordinance 3586, which became effective April 1, 2013. Whereas, MEASURE A levies a one-quarter of one-percent transactions and use tax (hereinafter “sales tax”) in Marin County and is estimated to generate approximately $16,000,000 per year for the nine year life of the measure; and Whereas, the MEASURE A Expenditure Plan, included in Exhibit A, allocates fifteen percent (15%) of the revenues from the sales tax increment to a City, Town, and Applicable Special District Program (hereinafter “PROGRAM”) to assist Marin’s municipalities and applicable special districts in managing their parks, open space preserves, recreation programs, and vegetation to promote biodiversity and reduce wildfire risk; and Whereas, the term, “applicable special districts,” means a local public entity located wholly within the unincorporated area of Marin that was explicitly formed to provide services to the community for park and recreation purposes and/or park and recreation purposes plus open space. Applicable special districts do not include federal agencies, state agencies, extensions of the County government (i.e. Community Service Areas) and/or districts located within an incorporated town or city even if such agencies or districts provide services to the community for recreation, open space or recreation programming. Whereas, COUNTY is charged with the fiduciary duty to administer the MEASURE A sales tax proceeds consistent with applicable laws; and Measure A Cities, Towns and Special Districts Grant Agreement Page 2 of 7 Whereas, MEASURE A, requires that an allocation method be used as a means to determine the amount of funding each municipality and applicable special district receives on an annual basis from the PROGRAM; and Whereas, the Ordinance 3586 allocation method approved by the Marin County Board of Supervisors on December 17th, 2013, a copy of which is attached hereto and made a part hereof (hereinafter “ALLOCATION METHOD”; Exhibit B), has been updated with current census information and will be used to determine funding allocations under this PROGRAM; and Whereas, the objective of this AGREEMENT is to continue a mutually beneficial relationship between PARTIES to disburse and account for MEASURE A fund expenditures; Therefore, PARTIES are entering into this AGREEMENT. Statement of Agreement 1. It is mutually agreed and understood that, upon signing of this AGREEMENT: a. COUNTY is responsible for allocating, managing, accounting for, and disbursing all PROGRAM funds. b. COUNTY will disburse PROGRAM funds to CITY/TOWN/DISTRICT semiannually (two times per fiscal year), as follows: i. Disbursement 1 will occur in or about July each year, conditional upon receipt by Marin County Parks of an Annual Measure A Work Plan prepared by CITY/TOWN/DISTRICT, in the form attached as Exhibit C, by July 1st of the same calendar year. Disbursement 1 will consist of PROGRAM funds from Measure A revenue received from the California Department of Tax and Fee Administration during the preceding January 1st through June 30th period and allocated to the CITY/TOWN/DISTRICT according to the ALLOCATION METHOD. If CITY/TOWN/DISTRICT submits its Annual Measure A Work Plan after July 1st, Disbursement 1 shall occur approximately 30 days subsequent to submittal. ii. Disbursement 2 will occur in or about January, conditional upon receipt by Marin County Parks, by November 15th of the same fiscal year, of an Annual Measure A Expenditure Report prepared by CITY/TOWN/DISTRICT, in the form attached as Exhibit D, describing actual expenditures for the preceding fiscal year. Disbursement 2 will consist of PROGRAM funds from Measure A revenue received from the California Department of Tax and Fee Administration during the preceding July 1st through December 31st period and allocated to the CITY/TOWN/DISTRICT according to the ALLOCATION METHOD. If CITY/TOWN/DISTRICT submits its Annual Measure A Expenditure Report after November 15th, Disbursement 2 may be delayed. Late Expenditure Reports will delay annual reporting on Measure A, and the work of the Measure A Community Oversight Committee. Measure A Cities, Towns and Special Districts Grant Agreement Page 3 of 7 CITY/TOWN/DISTRICT is encouraged to produce Annual Measure A Expenditure Reports on time. iii. COUNTY will make every effort to make disbursements within the time periods specified above, and shall not willfully delay or withhold PROGRAM funds for reasons other than those stated in this AGREEMENT, but shall not be responsible for the consequences if disbursements are delayed for any reason. Disbursements will occur by electronic transfer. iv. CITY/TOWN/DISTRICT Annual Measure A Work Plans and Expenditure Reports shall account for any unspent revenue and unreported expenditures from Ordinance 3586. c. CITY/TOWN/DISTRICT’s allocation of PROGRAM funds must be used as described in Exhibit A to this AGREEMENT. Only the following uses are allowed: i. Manage parks, open spaces, and recreational programming. ii. To maintain, restore and/or renovate existing parks, preserves and recreational facilities. iii. To construct new parks and recreational facilities or acquire parklands. iv. To engage in vegetation management to reduce wildfire risk, promote biodiversity or control invasive non-native weeds on private, municipal, or district lands. d. Without changing the ALLOCATION METHOD, COUNTY may review and adjust CITY/TOWN/DISTRICT’s population numbers every three years, beginning with the date of this AGREEMENT. COUNTY shall provide CITY/TOWN/DISTRICT’s with notice of any adjustments. e. For CITY/TOWN/DISTRICT’s budgeting purposes, COUNTY will provide an estimate of a CITY/TOWN/DISTRICT’s annual allocation for the coming fiscal year on or about March 1st, for as long as the tax is in effect. COUNTY will base the estimate on the annual budget approved by the Board of Supervisors and account for an estimated delay in payment from the sales tax is assessed to the time a payment is made to COUNTY of three (3) months. Actual allocation may be higher or lower than the estimate due to variability in annual tax receipts. f. CITY/TOWN/DISTRICT is not required to match funds. g. CITY/TOWN/DISTRICT will segregate PROGRAM funds from other funds available to it. CITY/TOWN/DISTRICT must ensure that PROGRAM funds are not commingled with other funds not pertaining to MEASURE A. This can be achieved by either establishing a separate bank account dedicated solely to MEASURE A, or by establishing and accounting for MEASURE A financial transactions in a special revenue fund dedicated solely to MEASURE A. Measure A Cities, Towns and Special Districts Grant Agreement Page 4 of 7 h. CITY/TOWN/DISTRICT need not expend its annual allocation of PROGRAM funds in a single fiscal year. Allocations may accumulate with the CITY/TOWN/DISTRICT and carry over into multiple, successive fiscal years if, for example, CITY/TOWN/DISTRICT wishes to use the funds for a program, project or projects that cannot be funded with a single year allocation. i. CITY/TOWN/DISTRICT will expend the sum total of its annual allocations by 10 years after the date MEASURE A expires. On that date, PROGRAM funds not expended by CITY/TOWN/DISTRICT shall revert and be due to COUNTY. j. CITY/TOWN/DISTRICT’s Annual Measure A Work Plans shall be due as stated in item “b” above. k. CITY/TOWN/DISTRICT is responsible for ensuring that environmental review and permitting requirements are fulfilled, if applicable, for all projects receiving Measure A funds. l. CITY/TOWN/DISTRICT will spend Measure A funds solely on project or program costs. Project or program costs are defined as costs associated with staff, contractors, consultants or materials related to projects identified in the Annual Measure A Work Plan. m. The accuracy of CITY/TOWN/DISTRICT’s Annual Measure A Expenditure Reports will be certified by the CITY/TOWN/DISTRICT’s chief fiscal officer. n. COUNTY may audit CITY/TOWN/DISTRICT’s expenditure of PROGRAM funds and any unspent allocation balances. o. COUNTY will assist CITY/TOWN/DISTRICT to establish or continue practices and procedures, as reasonably necessary, to facilitate CITY/TOWN/DISTRICT’s fulfillment of its responsibilities pursuant to this AGREEMENT. p. CITY/TOWN/DISTRICT will repay the COUNTY any funds that the COUNTY has disbursed which are not used in accordance with this AGREEMENT unless there has been prior written agreement between the PARTIES stating otherwise. 2. Indemnification CITY/TOWN/DISTRICT shall defend, indemnify, hold harmless, and release COUNTY, its elected and appointed officials, officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses (hereinafter “LIABILITY”) that may be asserted by any third party arising out of or in connection with CITY/TOWN/DISTRICT’S performance under or the making of this AGREEMENT, except to the extent that LIABILITY is caused by the negligence or willful misconduct of COUNTY. COUNTY shall defend, indemnify, hold harmless, and release CITY/TOWN/DISTRICT, its elected and appointed officials, officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses (hereinafter “LIABILITY”) that may be asserted by any third party arising out of or in connection with COUNTY’S performance under or the making of this AGREEMENT, except to the extent that LIABILITY is caused by the negligence or willful misconduct of CITY/TOWN/DISTRICT. Measure A Cities, Towns and Special Districts Grant Agreement Page 5 of 7 3. Replacement Beginning on October 1, 2022 this AGREEMENT replaces the Ordinance 3586 agreement signed by CITY/TOWN/DISTRICT on December 17, 2013 related to the administration of PROGRAM funds. 4. Duration and Termination The terms of this AGREEMENT shall remain in full force and effect for 10 (ten) years from the date adopted and signed. Any party may terminate this AGREEMENT by notifying the other party a minimum of 30 (thirty) days in advance. 5. Contacts and Notices All notices under this Agreement shall be in writing (unless otherwise specified) delivered to the parties by electronic mail, hand, by commercial courier service, or by United States mail, postage prepaid, addressed to the parties at the addresses set forth below or such other addresses as the parties may designate by notice. For County: Director and General Manager Marin County Parks 3501 Civic Center Drive, Suite 260 San Rafael, CA 94903 Phone: (415) 473-6387 Fax: (415) 473-3795 Email: MKorten@marincounty.org For City, Town or District: Title Name of City/Town/District Address Phone Fax E-mail 6. NO THIRD PARTY BENEFICIARIES Nothing contained in this agreement shall be construed to create, and the PARTIES do not intend to create, any rights in third parties. 7. EXPENSES Except as otherwise provided in Section 2 of this AGREEMENT, each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. PARTIES may not use PROGRAM funds for the aforementioned purpose. 8. INTEGRATION Measure A Cities, Towns and Special Districts Grant Agreement Page 6 of 7 This AGREEMENT, including Exhibits A, B, C and D which are attached hereto and incorporated herein by reference, represents the entire AGREEMENT of the PARTIES with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein. 9. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded except in writing, signed by all PARTIES hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. 10. SEVERABILITY Should a court of competent jurisdiction rule or declare that any part of this AGREEMENT is unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the day and year above written. CITY, TOWN OR DISTRICT ___________________________________ Mayor or other authorized representative Attest: _________________________________ Clerk of the City/Town/District Approved as to Form: CITY/TOWN/DISTRICT COUNSEL By: _________________________________ COUNTY OF MARIN ____________________________________ President, Board of Supervisors Attest: ____________________________________ Measure A Cities, Towns and Special Districts Grant Agreement Page 7 of 7 Clerk of the Board Approved as to Form: COUNTY COUNSEL By: _________________________________ EXHIBIT A Marin County Ordinance No. 3760 EXHIBIT B Allocation Method EXHIBIT C Form of Annual Measure A Work Plan EXHIBIT D Form of Annual Measure A Expenditure Report EXHIBIT B ALLOCATION FORMULA FOR ORDINANCE 3760 CITY, TOWN, AND SPECIAL DISTRICT PROGRAM RECIPIENTS 2020 ACS Population % of total pop. Belvedere 2,086 0.80% Corte Madera 10,222 3.90% Fairfax 7,605 2.90% Larkspur 13,064 4.98% Mill Valley 14,231 5.43% Novato 53,225 20.29% Ross 2,338 0.89% San Anselmo 12,830 4.89% San Rafael 61,271 23.36% Sausalito 7,269 2.77% Tiburon 9,031 3.44% Unincorporated County* 69,149 26.36% Total Marin County 262,321 100.00% Source: https://www.census.gov/programs-surveys/acs *It is assumed that special districts serve all of the unincorporated population of Marin County Estimated Annual Measure A Revenue $ 16,000,000 CTSD Program portion (15%) $ 2,400,000 CTSD Annual Estimate $ 2,400,000 Percent available to cities and towns 73.64% Percent available to special districts 26.36% City and town annual estimate $ 1,767,349.16 Special district annual estimate $ 632,650.84 <This area intentionally left blank> *Population counts for special districts were identified in partnership with LAFCO and the special districts. These population counts are used to determine % per capita distribution among special district participants. The Firehouse Community Park Agency population was determined based on the population provided by LAFCO for the Bolinas Community Public Utility District. City and Town Annual Estimates 2020 ACS Population % of total pop.Per capita estimate Belvedere 2,086 1.12%19,732.54$ Corte Madera 9,320 4.99%88,162.66$ Fairfax 7,499 4.01%70,936.89$ Larkspur 12,021 6.43%113,712.80$ Mill Valley 14,147 7.57%133,823.73$ Novato 52,554 28.13%497,135.24$ Ross 2,446 1.31%23,137.97$ San Anselmo 12,431 6.65%117,591.20$ San Rafael 58,182 31.14%550,373.38$ Sausalito 7,116 3.81%67,313.89$ Tiburon 9,031 4.83%85,428.86$ Total 186,833 100.00%1,767,349.16$ Special District Annual Estimates Population % of total pop.50% base 50% per capita Total estimate Bel Marin Keys 1,556 5.93%39,540.68$ 18,765.58$ 58,306.26$ Marin City 2,993 11.41%39,540.68$ 36,096.00$ 75,636.68$ Marinwood 6,259 23.86%39,540.68$ 75,484.42$ 115,025.09$ Muir Beach 304 1.16%39,540.68$ 3,666.28$ 43,206.96$ Strawberry 5,447 20.77%39,540.68$ 65,691.58$ 105,232.26$ Tamalpais 8,000 30.50%39,540.68$ 96,481.12$ 136,021.80$ Tomales 187 0.71%39,540.68$ 2,255.25$ 41,795.92$ Firehouse Community 1,483 5.65%39,540.68$ 17,885.19$ 57,425.87$ Total 26,229 100.00%316,325.42$ 316,325.42$ 632,650.84$ Page 1 of 4 Work Plan Measure A City, Town, and Applicable Special District Program Proposed Expenditure of Measure A Funds for Fiscal Year _____________ Timely and accurate completion of this report is a condition of receiving Measure A funds. Instructions: • This work plan must be completed by an authorized representative of the recipient. • Please complete and submit this work plan to Kevin Wright, Marin County Parks Government and External Affairs Manager (kwright@marincounty.org), by July 1st, YEAR. • Contact Mr. Wright by e-mail (kwright@marincounty.org) or phone (415) 497-3553 if you have any questions, or if you have suggestions to improve this form. • Marin County Parks will review this plan within one month of its receipt to ensure that proposed expenditures are consistent with Marin County Ordinance 3760 (Measure A). • Recipients must provide Marin County Parks with 30-days prior notice of any project additions or substitutions that are proposed while a work plan is in effect. • Total actual Measure A project expenditures may not exceed recipient’s actual Measure A funding for any given fiscal year, plus any balance remaining from previous years, unless the recipient is borrowing money to be paid back by Measure A funding and has indicated this in their work plan. _______________________________________________________________ This portion of page is intentionally blank. Proceed to next page. Page 2 of 4 A. Name of Recipient (city, town, or applicable special district): ____________________________________________________________ B. Recipient’s representative and contact information: (Please print all information) Name: _____________________________________ (Print) Title: _____________________________________ (Print) Address: _____________________________________ City, Zip: _____________________________________ Phone: ______________________________________ E-mail: _______________________________________ C. Total estimated funds for Fiscal Year ________: i. Estimated carry-over balance of recipient’s Measure A funds from previous fiscal years ii. Estimate of recipient’s Measure A funds for FY ______. (This information will be provided by Marin County Parks) iii. Total estimated available funds for FY _____ (i + ii). $ $ $ Page 3 of 4 D. Recipient’s Measure A Work Plan for Fiscal Year _______: Name of work or project: Primary purpose of work or project. Select only one from list below. ** Description. Be as specific as possible. Include numbers related to square footage of facilities, acreage, etc. If Measure A funds were used for maintenance, use numbers to indicate change from pre-Measure A conditions. Amount of Measure A funds estimated to be used: Source(s) and amount(s) of matching funds projected for use. If none, enter “0” Total expenditures projected for work or project in current reporting year $ $ $ $ $ $ $ $ $ $ Estimated Total $ Page 4 of 4 **Select work or project purpose from the following menu: a) Routine operations and maintenance b) Renovation of existing recreational facility, including infrastructure (includes planning, environmental review, permitting, design development, etc.) c) Construction of new park or recreation facility (includes planning, environmental review, permitting, design development, etc.) d) Parkland acquisition e) Fuel reduction - all types of fuelbreaks, including primary, ridgeline, etc. f) Flashy fuel reduction (ROW, street ends, trail heads, etc.) g) Natural resource protection and restoration, and invasive plant control h) Maintaining vehicle access i) Sudden Oak Death j) Hazard tree removal k) Inventory and monitoring l) Wildlife management monitoring m) Vegetation and wildlife management - Other- E. Certification I certify that the information contained herein is true and accurate, to the best of my knowledge. __________________________________________ _____________________________________________________ Signature Title __________________________________________ _________________________________ Print Name Date Expenditure Report Measure A City, Town, and Applicable Special District Program Expenditure of Measure A Funds for Fiscal Year _____________ Timely and accurate completion of this report is a condition of receiving Measure A grant funds and is necessary to fulfill financial reporting requirements pursuant to Marin County Ordinance 3760 (Measure A). Information contained in this report is subject to examination and will be presented in a Measure A Annual Report prepared by Marin County Parks. Instructions: • This report must be completed by an authorized representative of the recipient and signed by both the authorized representative and the chief fiscal officer. • Please complete and submit this report to Kevin Wright, Marin County Parks Government and External Affairs Manager (kwright@marincounty.org), by November 15th, YEAR. • Contact Mr. Wright by e-mail (kwright@marincounty.org) or phone (415) 497-3553 if you have any questions, or if you have suggestions to improve this form. • Recipients are encouraged to accompany reports with photos of finished work and projects funded in full or in part by Measure A. Please include the project name and other pertinent information in the photo file name. If you plan on submitting a large number of photos, please contact Mr. Wright if you need help facilitating the file transfer. ______________________________________________________________ This portion of page is intentionally blank. Proceed to next page. Measure A Expenditure Report Page 2 of 4 A. Name of Recipient (city, town, or applicable special district): ___________________________________________________________ B. Recipient’s representative and contact information: Name: ______________________________________ Title: ______________________________________________ (Print) Address: ____________________________________ City, Zip Code ______________________________________ Phone: _____________________________________ E-mail: ___________________________________________ C. Recipient’s total actual allocation of Measure A funds for Fiscal Year ______ (sum of disbursements received): $ ________________________________ D. Balance of recipient’s Measure A funds on June 30, YEAR i. Beginning balance as of July 1, ____ (prior year) ii. Total Measure A disbursements received in FY ____ (Item C. above) iii. FY _____ Total Interest Income iv. FY _____ Total Measure A expenditures (Item E. below) v. Ending balance as of June 30, YEAR $ +$ +$ -$ =$ Measure A Expenditure Report Page 3 of 4 E. Recipient’s total expenditures for Fiscal Year ______. Attach a list of itemized expenditures or general ledger summary and summary of any staff time and description of work billed to Measure A for each project as backup information. You are required to maintain adequate records for audit purposes. Please refer to the Measure A Audit Document Retention list that has been provided to you for a summary of records that may be requested when you are audited. Name of work or project (as it appears in the Work Plan): Primary purpose of work or project. Select only one from list below. Revised description based on what was actually accomplished (use numeric values where possible to quantify and update information from Work Plan) Amount of Measure A funds used: Source(s) and amount(s) of matching funds used. If none, enter “0” Total expenditures for work or project in reporting year $ $ $ $ $ $ $ $ $ $ Actual Total $ $ $ Measure A Expenditure Report Page 4 of 4 F. Certification I certify that the information contained herein is true and accurate, to the best of my knowledge. ______________________________________ ___________________________________________ _________________ Signature Title (Print) Date ______________________________________ Print Name ________________________________________ ___________________________ Signature, Chief Fiscal Officer Date _______________________________________ Print Name, Chief Fiscal Officer TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Heritage & Arts Commission Subject: Consider approval of the Proposed Thomas Jackson Public Art Installation Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering approval of the proposed Thomas Jackson Public Art Installation as proposed by the Heritage and Arts Commission. RECOMMENDED ACTION(S) Staff recommends the Town Council 1. Hear the presentation, take public comments, and consider approval of the Thomas Jackson Public Art Installation (Exhibit 1). BACKGROUND The Thomas Jackson art installation was created by the Public Art Selection Panel (PASP), a sub-committee of the Heritage & Arts Commission (H&A). The proposed installation would be temporary, and would remain in place for approximately 8.5 weeks from late May 2023 through early July 2023. The installation is comprised of a number of colorful lightweight pieces of sustainable fabric, each attached to its own 5-ft pole staked into the ground. The proposed location for the installation is a lawn area adjacent to the playground at South Knoll. Detailed information on the installation is included in the attached proposal (Exhibit 1) and H&A Commissioner Arjun Gupta will be presenting the proposal to Council and will be available to answer any questions. The proposal was presented to the Heritage and Arts Commission (H&A) at their meeting on June 26, 2021 and approved unanimously. An updated complete proposal was presented at a special meeting of the H&A on September 1, 2022. H&A approved the final proposal and voted to present it to the Parks, Open Space and Trails Commission (POST) for comment. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: AI-1 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 On September 20, 2022, the proposal was presented to POST for comment and direction. POST was supportive of the proposal with suggestions given. The finalized proposal with POST suggestions incorporated, was presented to the H&A at their September 27, 2022, meeting and approved for presentation to Town Council at the first available meeting. ANALYSIS No additional analysis is provided FINANCIAL IMPACT Per the proposal, the estimated cost of the project is $14,700. Project proponents have indicated they intend to raise funds to complete the work and are not requesting funding for the project from the Town at this time CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Exempt from environmental review under section 15307 of the California Environmental Quality Act (CEQA Guidelines, which exempts "Actions by regulatory agencies for protection of natural resources." In addition, adoption of the CAP is exempt under the under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. RECOMMENDATION Staff recommends the Town Council 1. Hear the presentation, take public comments, and consider approval of the Thomas Jackson Public Art Installation (Exhibit 1). Exhibit(s): 1. Proposal-Thomas Jackson Public Art Installation Prepared By: Patricia Pickett, Liaison Heritage & Arts Commission EXHIBIT 1 THOMAS JACKSON Tiburon Installation Proposal 2023 INTRODUCTION: Installation Art Context •The Thomas Jackson Installation represents the first in a series of art projects developed by H&A and PASP. •This series seeks to make Tiburon a premier Bay Area arts and culture destination by offering residents and visitors opportunities to engage with public, site-specific contemporary art Installations and exhibitions by reputable artists. •This initiative is intended to engage town residents, businesses, and institutions as both supporters and audiences of contemporary art. •In addition, any cultural tourism from visitors who come to experience these works has great potential to bring revenue to local, Tiburon businesses and dining establishments. •The installation project met with unanimous approval by the Tiburon Parks, Open Space & Trails Commission on September 20, 2022. THOMAS JACKSON: Installations & Photography Thomas Jackson was born in Philadelphia, PA in 1971 and has been showing his work in group and solo exhibitions since 2012, when he was named one of the Critical Mass Top 50. Linen no. 006, Assateague Island, Maryland, 2022 Jackson’s work has been shown widely, including at The Photography Show (AIPAD) in New York, the Center for Contemporary Arts in Santa Fe and the Bolinas Museum in Bolinas, CA. Jackson won the “installation/still-life” category of PDN’s The Curator Award in 2013 and earned second place in CENTER's Curator's Choice Award in 2014.Tulle no. 39, Neskowin, Oregon, 2022 CONCEPT: Installation, Color, Movement, Landscape •The Thomas Jackson Installation is comprised of a number of colorful, lightweight pieces of sustainable fabric (e.g. cotton, linen, hemp), attached to its own five-to seven-foot pole staked into the ground. •The Installation will serve as a visualization of the prevailing winds, that sweep across the northern California landscape. Any change in wind intensity and direction, creates a change in the Installation. •The spectacle of shifting colors and forms changes from one moment to the next. •The overall effect will be a performance driven entirely by invisible, natural forces—the work dramatically interacting with the natural landscape. RELEVANCE & SUITABILITY The Thomas Jackson Installation is inspired by the interaction of landscape and natural forces. Designed as a site-specific work across the contours of sloping and undulating topography, the Installation conforms to the land and is driven by the wind. The Installation will convey the movement of natural elements (wind stirring grasslands, trees, waves etc.). It will also serve as an evocative reminder of the vitality of our natural environment and its transitory nature with regard to natural forces, time, and climate change. Following the POST Commission’s suggestion (and project approval), outreach to residents of Pine Terrace and to the Del Mar Neighborhood association has begun and will continue until project installation to help foster community support and engagement. LOCATION South Of The Knoll Open Space (Area: <approx. 75’x75’ ) Land under the authority of Town of Tiburon, with liability insurance covered by the Town, no special ‘rider’ necessary. This location provides optimal viewing/sight lines, wind, and topography. As an art installation intended for viewing only, the temporary work seems to fall under the "Passive recreational and open space uses for public and private enjoyment” designation. INSTALLATION: South of Knoll Open Space INSTALLATION DETAILS SIZE: As each piece of fabric is independently supported, each installation piece can vary in size, depending on the configuration of the Installation and the area of the site. The total size of the installation will not exceed an area of 75 feet x 75 feet. INSTALLATION: 1 day to ‘fit’ each piece to its pole; 2-3 days to install all pieces in the Installation. Signage about the project, and notice about existing dog leash ordinances will be posted at the site (TBD). DURATION: The Installation will remain in place for 8 1/2 weeks (Sunday May 7, 2023 –Friday, July 7, 2023). ENVIRONMENTAL IMPACT: Non-discernable, as there are no significant carbon, ecological, or water disruptions. Small holes left from poles will fill in. COST: $10,000 project fee, encompassing materials, labor and artist fee + $4,700 marketing, advertising, travel, events, contingency fee. BUDGET & TIMELINE BUDGET: $14,700 (incl. 5% contingency) •$10,000 (Cost of materials, labor, installation, artist’s fee) •$1,500 (Travel for Thomas Jackson) •$500 (Events –food, music, etc.) •$2,000 Marketing & Advertising: Banner, Cards, [Ads -Ark: 2x6 color ads (x2), Marin IJ (x2), SF Chronicle (x2), additional ‘START’ pins], signage. •$700 (5% contingency) TIMELINE: 10 months Fundraising: 8 months, September 2022 -April 2023 Installation : May 4 -6, 2023 DURATION (8 1/2 WEEKS) OPENING: May 7, 2023 CLOSING: July 7, 2023 FUNDING CAMPAIGN The fundraising campaign for the Thomas Jackson Installation will consist of the following three efforts: 1 Sale of mirrored StART (“Start ART” by L.A. artist, Scott Froschauer) pins at events, at select businesses* that wish to participate (pending Town Council approval), and through word of mouth. 2 Fundraising events including music performances, art/music lessons, etc. 3 Donations, sponsorships (TBD) *Participating businesses are encouraged to coordinate promotions for the duration of the installation. Funds raised through the campaign will be deposited and held in the “Public Art Reserve Fund,” a subsection of the “H & A Project Fund.” QR code on ad/marketing assets (cards, signage, etc.) will link to online payment portal (H&A web page). Also, cash or check will be accepted at point of sale, and then credit card payment when the Town of Tiburon is able to process card transactions this fall. We are hopeful that Venmo may also be a possible method of accepting payment (TBD). DIGITAL LIFE:Web and Social Media TOWN OF TIBURON WEBSITE The H&A Ad Hoc Committee for Town Exhibitions and Call for Artists is currently working on a plan to further develop a dedicated subsection of the Town website that will serve to inform the public about H & A activities and events, as well as artists (current, past, & future) participating in H&A related events and exhibitions. The Thomas Jackson Installation will be showcased in the H&A section of the website. ASSETS & PRESS KIT FOR TRADITIONAL ONLINE & SOCIAL MEDIA H&A & PASP members wishing to help spread the word will reach out to media contacts in their personal and/or professional networks to place media content (developed by the Thomas Jackson Ad Hoc Committee & related to the Installation) in appropriate channels. THOMAS JACKSON PROPOSAL •Presented by the Tiburon Heritage & Arts Commission and the Thomas Jackson Ad Hoc Committee (Arjun Gupta, Victoria Fong, and Azita Mujica-Beavers) •Thank you for your consideration TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to Adopt by Reference and with Modifications to the Latest State- Authorized Construction Codes; Introduction of the Ordinance. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering adoption of the 2022 Building Code with ratification of local modifications, and 2022 Fire Code from both Southern Marin Fire District and Tiburon Fire District RECOMMENDED ACTION(S) Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only and introduce the ordinance (Exhibit 1) amending Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt updated construction codes with modifications, waiving further reading. Hold a roll call vote on the introduction. The item would return for adoption at the next regular Town Council meeting. BACKGROUND Approximately every three years, the State of California adopts updated uniform construction codes and allows local government agencies limited latitude to modify those codes by ordinance. Local agency modifications may provide for requirements that are more restrictive, but not less restrictive, than the state-adopted codes. The new state codes (2022 Building Code) will go into effect on January 1, 2023. The draft ordinance before the Town Council contains the Town’s proposed adoption of the most recent State of California-authorized construction codes, with modifications that are reasonably necessary due to the local climatic, geological, and topographical conditions, and ratifies the two local Fire Districts’ adoption of the 2022 California Fire Code and any other fire-related codes adopted by those Districts. The Town of Tiburon has consistently over the years adopted the local amendments contained in the proposed ordinance and ratified the modifications from the local agency fire districts. The local amendments are typical of the triennial update and are not changes to the existing code. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: PH-1 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 3 ANALYSIS California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. These findings must be made each time the Town updates the building code and can be found in the Draft Ordinance (Exhibit 1). During a previous code adoption cycle in 2016, the Town of Tiburon chose to adopt those portions of Tier 1 of the Green Building Standards Code that it could lawfully adopt. Tier 1 provisions are voluntary environmental measures that are in addition to the mandatory provisions of the Green Building Code. Those provisions will be carried over with the 2022 Green Building Standards Code and can be found in Exhibits 3, 4 and 5. Attached as Exhibit 2 is a table staff uses to track required changes to the Building Code. In summary, there are very few required changes, with one example being a modification to the electrical code which can be found on page 46 of 64 of Exhibit 2. In addition to the above, The Tiburon Fire Protection District and the Southern Marin Fire District, pursuant to California Health and Safety Code sections 13869.7, requires the Town of Tiburon to ratify their local amendments of the 2022 Fire Code. In this case, the local fire districts have held public hearings for the adoption of the California Fire Code by reference, along with their local amendments. As in previous ratifications of these codes includes that as noted in the Tiburon Municipal Code, where the ordinances diverge, the Town will apply whichever code is more restrictive. This practice has been in place in previous adoptions and ratifications of these local amendments. Copies of the updated ordinances from Southern Marin Fire District and Tiburon Fire District are attached as Exhibits 6 and 7 respectively. REACH Codes The County of Marin is currently leading an effort to develop and promote adoption of model REACH Codes more restrictive than the 2022 California Green Building Standards Code, an example of which would be requiring all new construction to be all electric. In its recent response to a Marin County Grand Jury Report on this subject, the Town stated any proposed amendments to the 2022 California Green Building Code to adopt REACH Code provisions would be considered by the Town Council in early 2023. This will provide ample time for the Council to gather community input on this important matter. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff recommends that the Town Council determine that this Building Code Update is statutorily exempt from CEQA in that the adoption of State codes the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 3 OF 3 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). The adoption of this ordinance is also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as actions by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment. RECOMMENDATION Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only and introduce the ordinance (Exhibit 1) amending Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt updated construction codes with modifications, waiving further reading. Hold a roll call vote on the introduction. The item would return for adoption at the next regular Town Council meeting. EXHIBITS 1. Draft Ordinance 2. Table of changes to Building Code 3. Green Residential Measures – Appendix J of the Green Building Code 4. Green Residential Measures – Appendix A4 of the Green Building Code 5. Green Non-Residential Measures– Appendix A5 of the Green Building Code 6. Southern Marin Fire District Ordinance with local amendments. 7. Tiburon Fire Protection Ordinance with local amendments. Prepared By: Dina Tasini, Director of Community Development Doug Haight, Building Official EXHIBIT 1 Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 1 ORDINANCE NO. ( ). AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE BY ADOPTING WITH AMENDMENTS THE MOST RECENT STANDARDIZED CONSTRUCTION CODES The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council held a public hearing on October 19, 2022, and has heard and considered any and all public testimony on this matter to introduce the proposed ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan. F. The Town Council finds that the adoption of this Ordinance is ministerially exempt from the requirements of CEQA and is also exempt pursuant to Section 15061(b) (3) of the CEQA Guidelines. Section 2. Amendments to Chapter 13, Article II. Tiburon Municipal Code Title IV, Chapter 13, Article II (Technical Codes) is hereby amended in its entirety to read as follows: Article II. Technical Codes 13-4 Adoption by reference of technical codes. For the purpose of establishing proper regulations for building construction, for the installation of plumbing, gas appliances and electrical systems, and for the storage and handling of flammable liquids, the codes or portions thereof set forth in this article are adopted and are made a part of this chapter by reference without further publication or posting thereof, and not less than one certified copy, along with the deletions and exceptions therefrom and additions and amendments thereto, shall be kept on file for use and examination by the public in the office of the town clerk. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 2 13-4.1 Building Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2019 2022 California Building Code (based on the 2018 2021 International Building Code), Volume 1 and Volume 2, including the following appendices: Appendix J as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2, hereinafter referred to as the "California Building Code", save and except such portions as are hereinafter amended or modified by Section 13-4.1.1 of this chapter. 13-4.1.1 Amendments made to the 2019 2022 California Building Code. The 2019 2022 California Building Code is amended to read as follows: (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) (b) Section 1.8.8.1 is amended to add the following as an additional paragraph at the end of the existing section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is modified as follows: (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." (2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to modify subsections 1 and 7 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way); b. Does not exceed twelve (12) feet in height; and c. Contains no plumbing, electricity or heating or cooling appliances. d. Does not exceed one-story. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 3 7. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit. (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued. 2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, or if the six (6) month extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 4 expiration prior to the reactivation/extension granted pursuant to this paragraph. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. (4) Section 109.2 is amended to read as follows: 109.2 Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing system alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the town council and amended from time to time. (5) Section 109.4 is amended to read as follows: 109.4 Work commencing before permit issuance. Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the town council and amended from time to time. (6) Section 113.1 is amended to add the following as an additional paragraph at the end of the existing section: For appeals of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 5 Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (d) Section 202. Definitions, is amended to change the definition of “Approved Agency” to read as follows: [A] Approved Agency. An established and recognized agency that is regularly engaged in conducting tests, furnishing inspection services or furnishing product certification where such agency has been approved by the building official. Approval shall be based on the review of the agency’s quality control manuals and standard operating procedures in accordance with ASTM E329-18. [HCD1 & HCD 2] “Approved agency shall mean “Listing agency” and “Testing agency.” [DSA-SS, DSA-SS/CC] This term is synonymous with “laboratory of record” as referenced in section 4-335 of the California Administrative Code. (e) Section 502.1 is amended to read as follows: 502.1 Address Numbers. 1. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one- half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection (a). Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 6 meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. 2. The following standards for address markings shall apply to commercial buildings: a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. b. The numerals in these numbers shall be no less than six inches in height, one-half inch in width, and of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. c. When required by the Building Official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. (f) Section 903.2, first sentence, is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (g) Section 1015.2 is amended by adding the following as the last sentence of the paragraph before the listed exceptions: Guards are also required at waterfront bulkheads, fixed piers and gangways. : (h) Section 1505 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty (50) percent of the total area of an existing building within a one-year Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 7 time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (i) Appendix J "GRADING" is modified as follows: (1) J103 “Permits Required” is amended, to add the following: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the town council as amended from time to time. (2) J110 “Erosion Control” is amended, to add the following: J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk. 13-4.2 Residential Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, that certain code known as the 2019 2022 California Residential Code (based on the 2018 2021 International Residential Code), including Appendices J and Q published by the International Code Council, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential Code," save and except such portions as are hereinafter amended or modified by Section 13-4.2.1 of this chapter. 13-4.2.1 Amendments to the 2019 2022 California Residential Code. The 2019 California Residential Code is amended as follows: (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 8 Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is modified as follows: (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way); b. Does not exceed twelve (12) feet in height; and c. Contains no plumbing, electricity or heating or cooling appliances. d. Does not exceed one-story. 6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit. (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued. 2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above or if the six (6) extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to one (1) times the original project construction permit fee is paid. A reactivation/extension charge, for purposes of this Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 9 section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 10 (d) Section R312.1.1 is amended by adding the following sentence at the end of this section: "Guards are also required at waterfront bulkheads, fixed piers and gangways for these portions of open-sided walking surfaces only." (e) Section R313.3.1, is amended to add the following to the beginning of the section, to read as follows: R313.3.1 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (The remainder of this section is unchanged) (f) Section R319.1 is amended to read as follows: R319.1 Address Numbers. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 11 (g) Section R905.1 is amended to read as follows: R905.1 Roof covering application. The roof covering on any structure regulated by this code shall be as specified in California Residential Code Chapter 9 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one-year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. 13-4.3 Plumbing Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2019 2022 California Plumbing Code (based on the 2018 2021 Uniform Plumbing Code), published by the International Association of Plumbing and Mechanical Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing Code", save and except such portions as are hereinafter amended or modified by Section 13-4.3.1 of this chapter. 13-4.3.1 Amendments made to the 2019 2022 California Plumbing Code. The 2019 California Plumbing Code is amended as follows: (a) Section 1.8.5.1 is amended to modify the first paragraph to read as follows: Section 1.8.5.1 General. Subject to the provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is amended as follows: (1) Section 101.1 is amended to read as follows: Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 12 These regulations shall be known as the California Plumbing Code, may be cited as such, and will be referred to herein as "this code". (2) Section 103.1 is amended to add the following sentence at the end of the section to read as follows: The term "AUTHORITY HAVING JURISDICTION shall mean the Building Official or his duly authorized representative. (4) Section 104.3 is amended to replace the existing first paragraph to read as follows: 104.3 Application. To obtain a permit, the applicant shall apply to the Authority Having Jurisdiction for that purpose. Every such application shall: (The remainder of this section is unchanged.) (5) Section 104.3.2 is amended to read as follows: 104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (6) Section 104.5 is amended to read as follows: 104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance therefore, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (7) Section 105.2.6 is amended to replace the fourth paragraph with the following: To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (9) Section 203.0 is amended to change the following definition to read as follows: "AUTHORITY HAVING JURISDICTION". The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. 13-4.4 Electrical Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2019 2022 California Electrical Code (based on the National Electrical Code, 2018 2020 Edition) as published by the National Fire Protection Association, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 3, hereinafter referred to as the “California Electrical Code”, save and except such portions as are hereinafter amended or modified by Section 13-4.4.1 of this chapter. 13-4.4.1 Amendments made to the 2019 2022 California Electrical Code. The 2019 2022 California Electrical Code is amended or modified as follows: (a) Section 89.108.4.2 is amended to read as follows: Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 13 89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the time of issuance thereof, pay a fee, which shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (b) Section 89.108.5.1 is amended to modify the first sentence to read as follows: Section 89.108.5.1 General. Subject to other provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. (The remainder of this section is unchanged.) (c) Section 89.108.8.1 is amended by adding the following sentence thereto to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (d) Article 100 is amended to change the following definition to read as follows: Authority Having Jurisdiction (AHJ)—The Authority Having Jurisdiction shall mean the Building Official or his or her duly authorized representative. (e) Section 210.12 (D) is amended as follows: (D) Branch Circuit Extensions or Modifications- Dwelling Units, Dormitory units, and Guest Rooms and Guest Suites. The provisions of this section shall apply to existing dwelling units when electrical service panels or sub-panels are replaced or upgraded. In any of the areas specified in 210.12(A). (B) or (C) where branch circuit wiring is modified, replaced, or extended, the branch circuit shall be protected by one of the following: (1) A listed combination-type AFCI located at the origin of the branch circuit By any of the means described in 210.12(A)(1) through (A) (6). (2) A listed branch-circuit-type AFCI located at the first receptacle outlet of the existing branch circuit. Exception: AFCI protection shall not be required where the extension of the existing branch circuit conductors is not more than 1.8 m (6 ft) and does not include any additional outlets or devices, other than splicing devices. This measurement shall not include the conductors inside an enclosure, cabinet, or junction box. 13-4.5 Fire Code. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 14 The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2022 California Fire Code (as adopted and modified by the current Tiburon Fire Protection District and Southern Marin Fire Protection District ordinances), which Code and ordinances are hereby referred to, ratified, and made a part hereof as if fully set forth herein. Copies of said code and ordinances are on file and available for public inspection in the office of the town clerk. 13-4.6. Housing Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the Uniform Housing Code (1997 Edition, as published by the International Conference of Building Officials), hereinafter referred to as the "Uniform Housing Code", save and except such portions as are hereinafter changed or modified by Section 13-4.6.1 of this chapter. 13-4.6.1 Amendments made to the 1997 Uniform Housing Code. The 1997 Uniform Housing Code is amended as follows: (a) Section 103 is amended to revise the second sentence of the first paragraph to read as follows: Such occupancies in existing buildings may be continued as provided by the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations, except such structures as are found to be substandard as defined by this code. (b) Section 104.1 is amended to read as follows: All buildings or structures that are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. (c) Section 201.1 is amended to revise the first paragraph to read as follows: The Building Official and his designees are hereby authorized and directed to enforce all of the provisions of this code. For such purposes, such officials shall have the powers of law enforcement officers. (d) Section 201.2 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 15 credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. (e) Section 203.1 is amended by adding the following sentence to the end of the section thereto: For appeal of non-administrative provisions of the code, the housing advisory and appeals board shall be the Tiburon Building Code Appeals Board. If required by Health and Safety Code section 19957.5, the housing advisory and appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. (f) Section 301 is amended to read as follows: No building or structure regulated by this code shall be erected, constructed, enlarged altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained as required by the Building Code. (g) Section 302 is deleted. (h) Section 303 is amended to read as follows: Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided by this code and in accordance with the applicable requirements of the Building Code. (i) Section 401 is amended to add or change certain definitions as follows: (1) The definition of "Building Code" in Section 401 is amended to read as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. (2) A definition for "Building Official" is added to Section 401 to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. (3) The definition of "Mechanical Code" in Section 401 is amended to read as follows: MECHANICAL CODE is the California Mechanical Code as adopted with amendments by the Town of Tiburon. (4) The definition of "Plumbing Code" in Section 401 is amended to read as follows: Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 16 PLUMBING CODE is the California Plumbing Code as adopted with amendments by the Town of Tiburon. 13-4.7 Mechanical Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2019 2022 California Mechanical Code (based on the Uniform Mechanical Code, 2018 2021 Edition) as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 4, hereinafter referred to as the "California Mechanical Code", save and except such portions as are hereinafter amended or modified by Section 13-4.7.1 of this chapter. 13-4.7.1 Amendments made to the 2019 2022 California Mechanical Code. The 2019 California Mechanical Code is amended as follows: (a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the following sentence to the end of the section thereto: For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (b) Chapter 1, Division II is amended as follows: Section 101.1 is amended to read as follows: These regulations shall be known as the California Mechanical Code, may be cited as such, and will be referred to herein as "this code". (c) Section 104.3.2 is amended to read as follows: 104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (d) Section 104.5 is amended to read as follows: 104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance for the permit, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (e) Section 105.2.6 is amended to replace the third paragraph with the following: To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 17 (f) Section 107.1 is amended by adding the following to the end of the existing section thereto: For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (g) Section 203.0 is amended to change the following definition as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. 13-4.8 Dangerous Building Code. The Dangerous Building Code of the Town shall be the Uniform Code for the Abatement of Dangerous Buildings (1997 edition, as published by the International Conference of Building Officials), on file with the office of the Town Clerk, which Code is hereby referred to, adopted and made a part hereof as if fully set forth herein, save and except such portions as are hereinafter amended or modified by Section 13-4.8.1 of this chapter. 13-4.8.1 Amendments made to the 1997 Uniform Code for the Abatement of Dangerous Buildings. The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended as follows: (a) Section 103 is amended to read as follows: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. (b) Section 201.3 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 18 (c) Section 204 is amended to read as follows: All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided in this code and in accordance with the applicable requirements of the Building Code. (d) Section 205.1 is amended by adding the following sentence to the end of that section thereto: For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. (e) Section 301 is amended to change certain definitions as follows: (1) The definition of "Building Code" is amended to read as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. (2) A definition of "Building Official" is added to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. 13-4.9 Green Building Standards Code. The Town Council hereby adopts, for the purpose of providing minimum requirements to enhance the public health and welfare and assure that residential and commercial development is consistent with the Town's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings and appurtenant development, that certain code known as the California Green Building Standards Code, 2019 2022 edition (also known as the 2019 2021 CALGreen Code) as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 11, herein referred to as the "CALGreen Code," save and except such portions as are hereinafter amended or modified by Section 13-4.9.1 of this chapter. 13-4.9.1 Amendments made to the 2019 2022 CALGreen Code. The California Green Building Standards Code is amended as follows: (a) For new residential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A4: 1. Division A4.1 (Planning & Design); 2. Division A4.3 (Water Efficiency & Conservation); 3. Division A4.4 (Material Conservation and Resource Efficiency); 4. Division A4.5 (Environmental Quality); and 5. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 19 (b) For new nonresidential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A5: 1. Division A5.1 (Planning & Design); 2. Division A5.3 (Water Efficiency & Conservation); 3. Division A5.4 (Material Conservation and Resource Efficiency); 4. Division A5.5 (Environmental Quality); and 5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. 13-4.10 Energy Code. The Energy Code of the Town shall be the California Energy Code, 2019 2022 edition, and the appendices thereof, as published by the California Building Standards Commission, on file with the office of the Town Clerk, which Code and appendices are hereby referred to, adopted and made a part hereof as if fully set forth herein. 13-4.11 Miscellaneous Portions of the Building Standards Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, 2019 2022 California Building Standards Code Part 8 (Historical Building Code), Part 10 (Existing Building Code), and Part 12 (Referenced Standards Code), said codes being on file with the office of the Town Clerk. Section 3. Findings Pursuant to Health & Safety Code. A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Therefore, the Town of Tiburon hereby finds that these changes or modifications to the Building Code as adopted herein are reasonably necessary because of the following local climatic, geological and topographical conditions: 1. Climatic conditions: a. Most of the annual rainfall in Tiburon occurs during the winter, it receives no measurable precipitation between May and October. During this time, temperatures average between 60 and 85 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-Ana winds. b. Most of the annual rainfall in Tiburon occurs during the winter, and some portions of Tiburon are subject to tidal influences, there are Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 20 times that flooding conditions occur in low-lying areas. c. Tiburon is situated within a densely populated major metropolitan area (the San Francisco Bay Area) that generates and releases into the atmosphere significant quantities of greenhouse gases, which have detrimental effects to the local climate as determined by the State of California. 2. Geologic conditions: a. Tiburon lies near several earthquake faults, including the very active San Andreas Fault and the Hayward Fault, and there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance. b. Much of the Downtown commercial area is located on bay alluvial soils, which are subject to liquefaction in the event of an earthquake. c. Tiburon lies in California Climate Zone 3 which is subject to coastal influence with precipitation in the winter, but with greater rainfall between October and March compared to other areas in Climate Zone 3. d. The Tiburon peninsula is adjacent to the San Francisco Bay which provides a saltwater environment, higher wind exposure, varying tide rise, and is subject to marine life and environmental protection requirements. 3. Topographic conditions: a. Much of Tiburon is located in steep, hilly areas; many of the residential areas are heavily landscaped; and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and dales results in narrow and winding roads, and limited water supply. b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon Boulevard (State Highway 131). Should that highway become impassable, the only alternative roadway on and off the Peninsula is Paradise Drive, a narrow, winding road easily subject to closure in storms and having an extensive history of lane failures due to unstable soils and poor drainage. This would result in traffic congestion, severely limiting emergency access. B. Adoption by Reference of Tiburon Fire Protection District and Southern Marin Fire District Findings: The Town Council further adopts by reference all applicable climatic, geological, and topographical conditions findings of the Tiburon Fire Protection District and the Southern Marin Fire Protection District in their most recently-enacted ordinances adopting and modifying the California Fire Code and other related codes. Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 21 C. Climatic, geological or topographical conditions necessitates the above mentioned modified building standards. Refer to the Tiburon Municipal Code Section 13-4 for specific Title 24, Part and Provisions amended. Section 5. Severability. 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, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 6. 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 October 19, 2022, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on ___________ by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST: _____________________________________ Town of Tiburon Ordinance No.( ). Effective XX/XX/2022 Page 22 LEA DILENA, TOWN CLERK EXHIBIT 2 Page 1 of 64 22-10-19_EXHIBIT 3 APPENDIX J OF THE B 13-4.1.1 Amendments made to the 2019 2022 California Building Code. The 2019 2022 California Building Code is amended to read as follows: 2022 BUILDING CODE CURRENT TIBURON MUNICIPAL CODE WITH PROPOSED DELETIONS AND AMENDMENTS NOTED PROPOSED CHANGES TO TIBURON MUNICIPAL CODE Chapter 1: Scope and Administration Division 1 SECTION 1.8.5 RIGHT OF ENTRY FOR ENFORCEMENT 1.8.5.1 General. Subject to other provisions of law, officers and agents of the enforcing agency may enter and inspect public and private properties to secure compliance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following: 1. For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) NO CHANGE Page 2 of 64 2. For applications subject to the Mobile home Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division I, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1 .8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the Factory- Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Page 3 of 64 Division I, Chapter 3, Subchapter 1, commencing with Section 3000. Section 1.8.8 Appeals Board 1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as (b) Section 1.8.8.1 is amended to add the following as an additional paragraph at the end of the existing section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. NO CHANGE Page 4 of 64 specified in California Health and Safety Code Sections 17920.5 and 17920.6. Chapter 1, Division II Section 104 Duties and Powers of Building Official [A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or on a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (c) Chapter 1, Division II is modified as follows: (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." NO CHANGE NO CHANGE [A] 105.2 Work exempt from permit. Exemptions from permit requirements of (2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to NO CHANGE Page 5 of 64 this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws ordinances of this jurisdiction. Permits shall not be required for the following: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (11 m2). 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a sur-charge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925L) and the ratio of height to diameter or width is not greater than 2: 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. modify subsections 1 and 7 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way); b. Does not exceed twelve (12) feet in height; and c. Contains no plumbing, electricity or heating or cooling appliances. d. Does not exceed one-story. 7. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit. Page 6 of 64 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and no not require additional support. 13. Nonfixed and moveable fixtures, cases, racks counters and partitions not over 5 feet 9 inches (1753 mm) in height. [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued. 2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to NO CHANGE Page 7 of 64 for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above or if the six (6) extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to the one (1) times original project construction permit fees is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of Page 8 of 64 the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued and the matter referred to Page 9 of 64 the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness to completion and/or the cause of the delay. 6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. Page 10 of 64 [A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. (4) Section 109.2 is amended to read as follows: 109.2 Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing system alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the town council and amended from time to time. NO CHANGE [A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. (5) Section 109.4 is amended to read as follows: 109.4 Work commencing before permit issuance. Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the town council and amended from time to time. NO CHANGE SECTION 113 BOARD MEANS OF APPEALS [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. (6) Section 113.1 is amended to add the following as an additional paragraph at the end of the existing section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, NO CHANGE Page 11 of 64 The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. Section 202 Definitions [A] Approved Agency. An established and recognized agency that is regularly engaged in conducting tests, furnishing inspection services or furnishing product certification where such agency has been approved by the building official. [HCD1 & HCD 2] “Approved agency shall mean “Listing agency” and “Testing agency.” [DSA-SS, DSA-SS/CC] This term is synonymous with “laboratory of record” as referenced in section 4-335 of the California Administrative Code. (d) Section 202 Definitions, Approved Agency is amended by adding the following as the last sentence of the first paragraph: Approval shall be based on the review of the agency’s quality control manuals and standard operating procedures in accordance with ASTM E329-18. [HCD1 & HCD 2] “Approved agency shall mean “Listing agency” and “Testing agency.” [DSA-SS, DSA-SS/CC] This term is synonymous with “laboratory of record” as referenced in section 4-335 of the California Administrative Code. NO CHANGE SECTION 502 General [F] 502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. (e) Section 502.1 is amended to read as follows: 502.1 Address Numbers. 1. The following standards for address markings shall apply to residential buildings: NO CHANGE Page 12 of 64 Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained. a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. D. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps Page 13 of 64 shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. 2. The following standards for address markings shall apply to commercial buildings: a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. b. The numerals in these numbers shall be no less than six inches in height, one- half inch in width, and of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. c. When required by the Building Official, approved numbers or addresses shall be placed on all new and existing buildings in Page 14 of 64 such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. Section 903 Automatic Sprinkler Systems [F] 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies constructed in accordance with Section 711, or both. (f) Section 903.2, first sentence, is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. NO CHANGE Page 15 of 64 Chapter 10 Means of Egress SECTION 1015 GUARDS 1015.2 Where required. Guards shall be located along open sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps and landings that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate in strength and attachment in accordance with Section 1607.8. Exception: Guards are not required for the following locations: 1. On the loading side of loading docks or piers. 2. On the audience side of stages and raised platforms, including stairs leading up to the stage and raised platforms. 3. On raised stage and platform floor areas, such as runways, ramps and side stages used for entertainment or presentations. 4. At vertical openings in the performance area of stages and platforms. 5. At elevated walking surfaces appurtenant to stages and platforms for access to and utilization of special lighting or equipment. (g) Section 1015.2 is amended by adding the following as the last sentence of the paragraph before the listed exceptions: Guards are also required at waterfront bulkheads, fixed piers and gangways. NO CHANGE Page 16 of 64 6. Along vehicle service pits not accessible to the public. 7. In assembly seating areas at cross aisles in accordance with Section 1029.17.2. 8. On the loading side of station platforms on fixed guideway transit or passenger rail systems. 9. Elevated facility observation station access hatches at detention facilities. Section 1505 FIRE CLASSIFICATION 1505.1 General. Roof assemblies shall be divided into the classes determined in this section. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D2898. The minimum roof coverings installed on buildings shall comply with table 1505.1 based on the type of construction of the building. Exception: Skylights and sloped glazing that comply with Chapter 24 or section 2610. 1505.1.1 Roof coverings within very high fire hazard severity zones. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every (h) Section 1505 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty (50) percent of the total area of an existing building within a one-year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. NO CHANGE Page 17 of 64 new structure, and any roof cover-ing applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A. Exception: The requirements shall not apply in any jurisdiction that adopts the model ordinance approved by the State Fire Marshal pursuant to Section 51189 of the Government Code or an ordinance that substan-tially conforms to the model ordinance and transmits a copy to the State Fire Marshal. 1505.1.2 Roof coverings within state responsibility areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure shall be a fire-retardant roof covering that is at least Class B. Exception: Areas designated as moderate fire hazard severity zones. Page 18 of 64 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class C. 1505.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area. Roofing requirements for structures located in a Wildland-Urban lnte1face Fire Area shall also comply with Section 705A. [BF] 1505.2 Class A roof assemblies. Class A roof assemblies are those that are effective against severe fire test exposure. Class A roof assemblies and roof coverings shall be listed and identified as Class A by an approved testing agency. Class A roof assemblies shall be permitted for use in buildings or structures of all types of construction. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry or an exposed concrete roof deck. 2. Class A roof assemblies also include ferrous or copper shingles or Page 19 of 64 sheets, metal sheets and shingles, clay or concrete roof tile or slate installed on non- combustible decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing. 3. Class A roof assemblies include minimum 16 ounce per square foot (0.0416 kg/m2) copper sheets installed over combustible decks. 4. Class A roof assemblies include slate installed over ASTM D226, Type II underlayment over combusti-ble decks. SEE ENTIRE APPENDIX J (i) Appendix J "GRADING" is modified as follows: (1) J103 “Permits Required” is amended, to add the following: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the town council as amended from time to time. (2)J110 “Erosion Control” is amended, to add the following: J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed NO CHANGE Page 20 of 64 from the job site and deposited on any public street or sidewalk. 13-4.2 Residential Code. 13-4.2.1 Amendments to the 2019 2022 California Residential Code. The 2019 2022 California Residential Code is amended as follows: SECTION 1.8.5 RIGHT OF ENTRY FOR ENFORCEMENT 1.8.5.1 General. Subject to other provisions of law, officers and agents of the enforcing agency may enter and inspect public and private properties to secure compliance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following: 1. For applications subject to the State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 1791O and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobile home Parks Act as referenced in Section (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) NO CHANGE Page 21 of 64 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200 and California Code of Regulations, Title 25, Division I, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this Code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, Section 17000 and California Code of Regulations, Title 25. Division I, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the Factory- Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Sections 19960 and California Code of Regulations. Title 25, Division I, Chapter 3, Subchapter 1, commencing with Section 3000. Page 22 of 64 SECTION 1.8.8 APPEALS BOARD 1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. (b) Section 1.8.8.1 is amended to delete the second paragraph and add the following paragraph to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. NO CHANGE Chapter 1, Division II (c) Chapter 1, Division II is modified as follows: NO CHANGE Page 23 of 64 R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner, the owner's authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows: Page 24 of 64 of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 120 square feet (11.15 m2). 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one-hundred twenty (120) square feet in area and is portable (i.e., is not anchored or affixed in any way); b. Does not exceed twelve (12) feet in height; and c. Contains no plumbing, electricity or heating or cooling appliances. d. Does not exceed one-story. 6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and/or re-striping of parking lots shall require a permit. Page 25 of 64 exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Page 26 of 64 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall Page 27 of 64 be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (3) Section R105.5 is amended to read as follows: 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued. 2. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis, and any other relevant facts. 3. If the project is not completed within the six (6) month extension allowed under NO CHANGE Page 28 of 64 subsection 2 above or if the six (6) month extension was not provided under subsection 2, a Stop Work Order may be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. A reactivation and extension may be issued by the Building Official once a reactivation/extension Charge equal to the one (1) times original project construction permit fees is paid. A reactivation/extension charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order may be issued on the date of expiration Page 29 of 64 and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if a Reactivation/Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 3 above, is paid. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation/extension granted pursuant to this paragraph. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, a Stop Work Order shall be issued, and the matter referred to the Town Council for resolution. The Town Council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation/Extension Charge. The Town Council may, in its sole discretion, reduce the reactivation/extension charge based on such reasons as the project's nearness Page 30 of 64 to completion and/or the cause of the delay. 6. If the project is not completed within the six (6) month extension allowed under subsection 5 above, or pursuant to this subsection 6, a Stop Work Order shall be issued and the matter referred to the Town Council for resolution. The Town Council may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The Town Council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 3 above) as a Reactivation/Extension Charge. SECTION R312 GUARDS AND WINDOW FALL PROTECTION R312.1.1 Where required. Guards shall be provided for those portions of open-sided walking surfaces, including floors, stairs, ramps and landings, that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. (e) Section R312.1.1 is amended by adding the following sentence: “Guards are also required for those portions of open-sided walking surfaces of bulkheads, fixed piers and gangways at waterfronts”. NO CHANGE Page 31 of 64 Insect screening shall not be considered as a guard. R313.3 Dwelling unit fire sprinkler systems R313.3.1 General. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 13D or Section R313.3, which shall be considered equivalent to NFPA 13D. Partial residential sprinkler systems shall be permitted to be installed only in buildings not required to be equipped with a residential sprinkler system. Section R313.3 shall apply to stand-alone and multipurpose wet-pipe sprinkler systems that do not include the use of antifreeze. A multipurpose fire sprinkler system shall supply domestic water to both fire sprinklers and plumbing fixtures. A stand-alone sprinkler system shall be separate and independent from the water distribution system. (f) Section R313.3.1, first sentence, shall be amended to read as follows: R313.3 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. NO CHANGE SECTION R319 SITE ADDRESS R319.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers (d) Section R319.1 is amended to read as follows: R319.1 Address Numbers. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers NO CHANGE Page 32 of 64 shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. Page 33 of 64 e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. SECTION R905 REQUIREMENTS FOR ROOF COVERINGS R905.1 Roof covering application. Roof coverings shall be applied in accordance with the applicable provisions of this section and the manufacturer's installation instructions. Unless otherwise specified in this section, roof coverings shall be installed to resist the component and cladding loads specified in Table R301.2(2), adjusted for height and exposure in accordance with Table R301.2(3). R905.1.1 Underlayment for asphalt shingles, clay and concrete tile, metal roof shingles, mineral-surfaced roll roofing, slate and slate-type shingles, wood shingles, wood shakes, metal roof panels and photovoltaic shingles shall conform to the applicable standards listed in this chapter. Underlayment materials required (g) Section R905.1 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Residential Code Chapter 9 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one-year time period, the entire roof shall be retrofitted with at least a Class A- listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. NO CHANGE Page 34 of 64 to comply with AS1M D226, D1970, D4869 and D6757 shall bear a label indicating compliance to the standard designation and, if applicable, type classification indicated in Table R905.1.1(1). Underlayment Starting at the eave, apply 36-inch-wide (914 mm) strips of underlayment felt, overlapping successive sheets 19 inches (483 mm). End laps shall be 4 inches (102 mm) and shall be offset by 6 feet (1829 mm). 3.2. The underlayment shall be attached with corrosion-resistant fasteners in a o- rid pattern of 12 inches (305 mm) between side laps with a 6-inch (152 mm) spacing at side and end laps. 3.3. Underlayment shall be attached using metal or plastic cap nails with a nominal cap diameter of not less than I inch (25 mm). Metal caps shall have a thickness of not less than 32-gage sheet metal. Power- driven metal caps shall have a thickness of not less than 0.010 inch (0.25 mm). Minimum thickness of the outside edge of plastic caps shall be 0.035 inch (0.89 mm). 3.4. The cap nail shank shall be not less than 0.083 inch (2.11 mm) for ring shank cap nails and 0.091 inch (2.31 mm) for smooth shank cap nails. Cap nail shank shall have a length sufficient to penetrate through the roof sheathing or not less Page 35 of 64 than 3/4 inch (19 mm) into the roof sheathing. 13-4.3 Plumbing Code. 13-4.3.1 Amendments made to the 2019 2022 California Plumbing Code. The 2019 2022 California Plumbing Code is amended as follows: 1.8.5 Right of Entry for Enforcement 1.8.5.1 General. Subject to other provisions of law, officers and agents of the enforcing agency may enter and inspect public and private properties to secure compliance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following: 1. For applications subject to State Housing Law as referenced in Section 1.8.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910, and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, commencing with Section 1. (a) Section 1.8.5.1 is amended to modify the first sentence to read as follows: Section 1.8.5.1 General. Subject to the provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. (The remainder of this section is unchanged) NO CHANGE Page 36 of 64 2. For applications subject to the Mobilehome Parks Act as referenced in Section 1.8.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 18200, and California Code of Regulations, Title 25, Division I, Chapter 2, commencing with Section 1000. 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 1.8.3.2.3 of this code, refer to Health and Safety Code Division 13, Part 2.3, commencing with Section 18860, and California Code of Regulations, Title 25, Division I, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 1.8.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000, and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the Fact01y- Built Housing Law as referenced in Section 1.8.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960, and California Code of Regulations, Title 25, Page 37 of 64 Division I, Chapter 3, Subchapter 1, commencing with Section 3000. 1.8.8 Appeals Board. 1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals boards shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. (b) Section 1.8.8.1 is amended by deleting the second paragraph and add the following paragraph to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code NO CHANGE 101.0 General. (c) Chapter 1, Division II is amended as follows: NO CHANGE Page 38 of 64 101.1 Title. This document shall be known as the "Uniform Plumbing Code," may be cited as such, and will be referred to herein as "this code." (1) Section 101.1 is amended to read as follows: These regulations shall be known as the California Plumbing Code, may be cited as such, and will be referred to herein as "this code". 103.0 Duties and Powers of the Authority Having Jurisdiction. 103.1 General. The Authority Having Jurisdiction shall be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction shall have the powers of a law enforcement officer. The Authority Having Jurisdiction shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules, and regulations shall comply with the intent and purpose of this code. In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction shall be permitted to appoint a such number of technical officers, inspectors, and other employees as shall be authorized from time to time. The Authority Having Jurisdiction shall be (2) Section 103.1 is amended to add the following sentence at the end of the section to read as follows: The term "AUTHORITY HAVING JURISDICTION” shall mean the Building Official or his duly authorized representative. NO CHANGE Page 39 of 64 permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency. The Authority Having Jurisdiction shall be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance. 104.3 Application for Permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Authority Having Jurisdiction for that purpose. Such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land upon which the proposed work is to be done by legal description, street address, or similar description that will readily identify and locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Section 104.3 is amended to read as follows: 104.3 Application. To obtain a permit, the applicant shall apply to the Authority Having Jurisdiction for that purpose. Every such application shall: (The remainder of this section is unchanged.) NO CHANGE 104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with Section 104.3.1, a plan (5) Section 104.3.2 is amended to read as follows: NO CHANGE Page 40 of 64 review fee shall be paid at the time of submitting construction documents for review. The plan review fees for plumbing work shall be determined and adopted by this jurisdiction. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5. Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5. 104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. 104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the fee schedule, Table 104.5. The fees are to be determined and adopted by this jurisdiction. (6) Section 104.5 is amended to read as follows: 104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance therefore, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. NO CHANGE 105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made. This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in (7) Section 105.2.6 is amended to replace the fourth paragraph with the following: To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. NO CHANGE Page 41 of 64 accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table 104.5. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 203.0. Authority Having Jurisdiction. The organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, installations, or procedures. The Authority Having Jurisdiction shall be a federal, state, local, or other regional department or an individual such as a plumbing (9) Section 203.0 is amended to read as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. NO CHANGE Page 42 of 64 official, mechanical official, labor department official, health department official, building official, or others having statutory authority. In the absence of statutory authority, the Authority Having Jurisdiction may be some other responsible party. This definition shall include the Authority Having Jurisdiction's duly authorized representative. [HCD 1 & HCD 2] "Authority Having Jurisdiction" shall mean "Enforcing Agency" as defined in Section 207.0 of this code. 13-4.4 Electrical Code. 13-4.4.1 Amendments made to the 2019 2022 California Electrical Code. The 2019 2022 California Electrical Code is amended or modified as follows: 89.108.4.2 Fees. Subject to other provisions of law, the governing body of any city, county, or city and county may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development. The amount of the fees shall not exceed the amount reasonably necessary to administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. For additional information, see State Housing (a) Section 89.108.4.2 is amended to read as follows: 89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the time of issuance thereof, pay a fee, which shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. NO CHANGE Page 43 of 64 Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 1, Article 3, commencing with Section 6. 89.108.5.1 General. Subject to other provisions of law, officers and agents of the enforcing agency may enter and inspect public and private properties to secure compliance with the rules and regulations promulgated by the Department of Housing and Community Development. For limitations and additional information regarding enforcement, see the following: 1. For applications subject to State Housing Law as referenced in Section 89.108.3.2.1 of this code, refer to Health and Safety Code, Division 13, Part 1.5, commencing with Section 17910 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, commencing with Section 1. 2. For applications subject to the Mobilehome Parks Act as referenced in Section 89.108.3.2.2 of this code, refer to Health and Safety Code, Division 13, Part 2.1, commencing with Section 1 8200 and California Code of Regulations, Title 25, Division 1, Chapter 2, commencing with Section 1000. (b) Section 89.108.5.1 is amended to modify the first sentence to read as follows: Section 89.108.5.1 General. Subject to other provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. (The remainder of this section is unchanged.) NO CHANGE Page 44 of 64 3. For applications subject to the Special Occupancy Parks Act as referenced in Section 89.108.3.2.3 of this code, refer to Health and Safety Code, Division 13, Part 2.3, commencing with Section 18860 and California Code of Regulations, Title 25, Division 1, Chapter 2.2, commencing with Section 2000. 4. For applications subject to the Employee Housing Act as referenced in Section 89.108.3.2.4 of this code, refer to Health and Safety Code, Division 13, Part 1, commencing with Section 17000 and California Code of Regulations, Title 25, Division I, Chapter 1, Subchapter 3, commencing with Section 600. 5. For applications subject to the Factory- Built Housing Law as referenced in Section 89.108.3.2.5 of this code, refer to Health and Safety Code, Division 13, Part 6, commencing with Section 19960 and California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 1, commencing with Section 3000. 89.108.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing Section 89.108.8. is amended by adding the sentence to the end of the section: For appeal of non-administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health NO CHANGE Page 45 of 64 construction, use, maintenance and change of occupancy. The governing body of any city, country, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. Chapter 1 General Article 100 Authority Having Jurisdiction (AHJ). An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. (CMP-1) Informational Note: The phrase "authority having jurisdiction," or its acronym AHJ, is used in NFPA documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. (d) Article 100 is amended to change the following definition to read as follows: Authority Having Jurisdiction (AHJ)—The Authority Having Jurisdiction shall mean the Building Official or his or her duly authorized representative. NO CHANGE Page 46 of 64 Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction. 210.12 Arc Fault Circuit Interrupter Protection. D) Branch Circuit Extensions or Modifications- Dwelling Units and Dormitory units, and Guest Rooms and Guest Suites. In Where branch circuit wiring for any of the areas specified in 210.12(A). (B) or (C) is modified, replaced, or extended, the branch circuit shall be protected by one of the following: (e) Section 210.12 (D) is amended as follows: D) Branch Circuit Extensions or Modifications- Dwelling Units, Dormitory units, and Guest Rooms and Guest Suites. The provisions of this section shall apply to existing dwelling units when electrical service panels or sub-panels are replaced or upgraded. In any of the areas specified in 210.12(A). (B) or (C) where branch circuit wiring is modified, replaced, or (e) Section 210.12 (D) is amended as follows: D) Branch Circuit Extensions or Modifications- Dwelling Units, Dormitory units, and Guest Rooms and Guest Suites. The provisions of this section shall apply to existing dwelling units when electrical service panels or sub- panels are replaced or upgraded. In any of the areas specified in 210.12(A). (B) or (C) where branch circuit wiring is Page 47 of 64 (1) A listed combination-type AFCI located at the origin of the branch circuit By any of the means described in 210.12(A)(1) through (A) (6). (2) A listed outlet branch-circuit-type AFCI located at the first receptacle outlet of the existing branch circuit. Exception: AFCI protection shall not be required where the extension of the existing branch circuit conductors is not more than 1.8 m (6 ft) and does not include any additional outlets or devices, other than splicing devices. This measurement shall not include the conductors inside an enclosure, cabinet, or junction box. extended, the branch circuit shall be protected by one of the following: (1) A listed combination-type AFCI located at the origin of the branch circuit By any of the means described in 210.12(A)(1) through (A) (6). (2) A listed outlet branch-circuit-type AFCI located at the first receptacle outlet of the existing branch circuit. Exception: AFCI protection shall not be required where the extension of the existing branch circuit conductors is not more than 1.8 m (6 ft) and does not include any additional outlets or devices, other than splicing devices. This measurement shall not include the conductors inside an enclosure, cabinet, or junction box. modified, replaced, or extended, the branch circuit shall be protected by one of the following: (1) By any of the means described in 210.12(A)(1) through (A)(6). (2) A listed outlet branch-circuit-type AFCI located at the first receptacle outlet of the existing branch circuit. Exception: AFCI protection shall not be required where the extension of the existing branch circuit conductors is not more than 1.8 m (6 ft) and does not include any additional outlets or devices, other than splicing devices. This measurement shall not include the conductors inside an enclosure, cabinet, or junction box. 13-4.6. Housing Code. 13-4.6.1 Amendments made to the 1997 Uniform Housing Code. The 1997 Uniform Housing Code is amended as follows: The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 3401 of the Building Code, except such structures as are found to be substandard as defined (a) Section 103 is amended to revise the second sentence of the first paragraph to read as follows: Such occupancies in existing buildings may be continued as provided by the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations, except such structures as are NO CHANGE Page 48 of 64 in this code. Where any building or portion thereof is used or intended to be used as a combination apartment house- hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Rooming houses, congregate residences or lodging houses shall comply with all the requirements of this code for dwellings. found to be substandard as defined by this code. For additions, alterations or repairs, see Section 3403 of the Building Code. (b) Section 104.1 is amended to read as follows: All buildings or structures that are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. NO CHANGE The building official is hereby authorized and directed to enforce all of the provisions of this code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (c) Section 201.1 is amended to revise the first paragraph to read as follows: The Building Official and his designees are hereby authorized and directed to enforce all of the provisions of this code. For such purposes, such officials shall have the powers of law enforcement officers. NO CHANGE Page 49 of 64 When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (d) Section 201.2 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. NO CHANGE Page 50 of 64 In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an exofficio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The housing advisory and appeals board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. (e) Section 203.1 is amended by adding the following sentence to the end of the section thereto: For appeal of non-administrative provisions of the code, the housing advisory and appeals board shall be the Tiburon Building Code Appeals Board. If required by Health and Safety Code section 19957.5, the housing advisory and appeals board shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. NO CHANGE No building or structure regulated by this code shall be erected, constructed, (f) Section 301 is amended to read as follows: NO CHANGE Page 51 of 64 enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Section 106 of the Building Code. No building or structure regulated by this code shall be erected, constructed, enlarged altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained as required by the Building Code. When a building permit is required by Section 301 of this code, the appropriate fees shall be paid as specified in Section 107 of the Building Code. (g) Section 302 is deleted. NO CHANGE Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in The manner provided by this code and Sections 108 and 1701 of the Building Code. (h) Section 303 is amended to read as follows: Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided by this code and in accordance with the applicable requirements of the Building Code. NO CHANGE For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. Where terms are not de- fined, they shall have their ordinary accepted meanings within the context with which they are used. Websters Third New International Dictionary of the English Language, Section 401 is amended to add or change certain definitions as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. NO CHANGE Page 52 of 64 Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. This section does not exist. (j) A definition for "Building Official" is added to Section 401 to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. MECHANICAL CODE is the Uniform Mechanical Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. (k) The definition of "Mechanical Code" in Section 401 is amended to read as follows: MECHANICAL CODE is the California Mechanical Code as adopted with amendments by the Town of Tiburon. NO CHANGE PLUMBING CODE is the Plumbing Code as adopted by this jurisdiction. (l) The definition of "Plumbing Code" in Section 401 is amended to read as follows: PLUMBING CODE is the California Plumbing Code as adopted with amendments by the Town of Tiburon. NO CHANGE 13-4.7 Mechanical Code. 13-4.7.1 Amendments made to the 2019 2022 California Mechanical Code. The 2019 2022 California Mechanical Code is amended as follows: Chapter 1, Division l 1.8.8 Appeals Board. 1.8.8.1 General. Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions, and determinations made by (a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the following sentence thereto: For appeal of non-administrative provisions of the code, the board of appeals shall be the Tiburon Building Code NO CHANGE Page 53 of 64 the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve this purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county. Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6. Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. Chapter 1, Division II 101.1 Title. This document shall be known as the "Uniform Mechanical Code," may be cited as such, and will be referred to herein as "this code." (b) Chapter 1, Division II is amended as follows: (1) Section 101.1 is amended to read as follows: These regulations shall be known as the California Mechanical Code, may be cited as such, and will be referred to herein as "this code". NO CHANGE Page 54 of 64 104.3.2 Plan Review Fees. Where a plan or other data is required to be submitted in accordance with Section 104.3.1, a plan review fee shall be paid at the time of submitting construction documents for review. The plan review fees for mechanical system work shall be determined and adopted by this jurisdiction. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 104.5. Where plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 104.5. (c) Section 104.3.2 is amended to read as follows: 104.3.2 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. NO CHANGE 104.5 Fees. Fees shall be assessed in accordance with the provisions of this section and as set forth in the fee schedule, Table 104.5. The fees are to be determined and adopted by this jurisdiction. (d) Section 104.5 is amended to read as follows: 104.5 Fees. Any person desiring a permit required by this code shall, at the time of issuance for the permit, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. NO CHANGE 105.2.6 Reinspections. A reinspection fee shall be permitted to be assessed for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made. (e) Section 105.2.6 is amended to replace the third paragraph with the following: To obtain re-inspection, the applicant shall first pay the re-inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the NO CHANGE Page 55 of 64 This provision shall not be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspec-tions before the job is ready for inspection or reinspection. Reinspection fees shall be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. To obtain reinspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose and pay the reinspection fee in accor-dance with Table 104.5. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. town council and amended from time to time. 107.0 Board of Appeals. 107.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction relative to the application and interpretations of this code, there shall be and is hereby created (f) Section 107.1 is amended by adding the following to the end of the existing section thereto: For appeal of non- administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code NO CHANGE Page 56 of 64 a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to mechanical system design, construction, and maintenance and the public health aspects of mechanical systems and who are not employees of the jurisdiction. The Authority Having Jurisdiction shall be an ex-officio member and shall act as secretary to said board but shall have no vote upon a matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render decisions and findings in writing to the appellant with a duplicate copy to the Authority Having Jurisdiction. section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. Chapter 2 Definitions Section 203.0. Authority Having Jurisdiction. The organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, installations, or procedures. The Authority Having Jurisdiction shall be a federal, state, local, or other regional department or an individual such as a plumbing official, mechanical official, labor department official, health department (g) Section 203.0 is amended to change the following definition as follows: AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. NO CHANGE Page 57 of 64 official, building official, or others having statutory authority. In the absence of statutory authority, the Authority Having Jurisdiction may be some other responsible party. This definition shall include the Authority Having Jurisdiction's duly authorized representative. [HCD 1, HCD 2, OSHPD 1, 2, 3 & 4 and SFM] "Authority Having Jurisdiction" shall mean "Enforcing Agency" as defined in Section 207.0 of this code. 13-4.8 Dangerous Building Code. 13-4.8.1 Amendments made to the 1997 California Uniform Code for the Abatement of Dangerous Buildings. Section 103. All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 3403 of the Building Code. (a) Section 103 is amended to read as follows: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. NO CHANGE Section 201.3. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official or the building official’s authorized representative has reasonable cause to believe that there exists in any building or upon any premises a condition (b) Section 201.3 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any NO CHANGE Page 58 of 64 which is contrary to or in violation of this code which makes the building or premise unsafe, dangerous or hazardous, the building official may enter the building or premises at all reasonable times to inspect or to perform any duty imposed by this code, provided that if such building or premises be occupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. “Authorized representative” shall include the officers named in section 201.2 and their authorized inspection personnel. premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. Section 204. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code. (c) Section 204 is amended to read as follows: All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided in this code and in accordance with the applicable requirements of the Building Code. NO CHANGE Page 59 of 64 Section 205.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public. (d) section 205.1 is amended by adding the following sentence to the end of that section thereto: For appeal of non- administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin’s Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. NO CHANGE Page 60 of 64 Section 301. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International (e) Section 301 is amended to change certain definitions as follows: (1) The definition of “Building Code” is amended to read as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. 2) A definition of "Building Official" is added to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon NO CHANGE Page 61 of 64 Conference of Building Officials, as adopted by this jurisdiction. This section does not exist. (2) A definition of "Building Official" is added to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. 13-4.9 Green Building Standards Code. 13-4.9.1 Amendments made to the 2019 2022 CALGreen Code. The California Green Building Standards Code is amended as follows: (TIERS 1 &2) TIER 1 A5.504.4.7 Resilient flooring systems, Tier 1. For 90 percent of floor area receiving resilient flooring, install resilient flooring that is: 1. Certified under the Resilient Floor Covering Institute (RFCI) Floor Score program; 2. Compliant with the VOC-emission limits and testing requirements specified in the California Department of Public Health's 2010 Standard Method for the Testing and Evaluation Chambers, Version 1.1, February 2010; 3. Compliant with the Collaborative for High Performance Schools California (2014 The California Green Building Standards Code is amended as follows: (a) For new residential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A4: 1. Division A4.1 (Planning & Design); 2. Division A4.3 (Water Efficiency & Conservation); 3. Division A4.4 (Material Conservation and Resource Efficiency); 4. Division A4.5 (Environmental Quality); and 5. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. (b) For new nonresidential construction only (not including additions), the Town NO CHANGE Page 62 of 64 CA-CHPS) Criteria and listed in the CHPS High Performance Product Database; or 4. Products certified under UL GREENGUARD Gold (formerly the Greenguard Children's & Schools Program). TIER 2 A5.504.4.7.1 Resilient flooring systems, Tier 2. For 100 percent of floor area receiving resilient flooring, install resilient flooring that is: 1. Certified under the Resilient Floor Covering Institute (RFCI) FloorScore program; 2. Compliant with the VOC-emission limits and testing requirements specified in the California Department of Public Health's 2010 Standard Method for the Testing and Evaluation Chambers, Version 1.1, February 2010; 3. Compliant with the Collaborative for High Per-formance Schools California (2014 CA-CHPS) Criteria and listed in the CHPS High Performance Product Database; or 4. Products certified under UL GREENGUARD Gold (formerly the Greenguard Children's & Schools Program). Exception: Allowance may be permitted in Tier 2 for up to 5-percent specialty purpose flooring. Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A5: 1. Division A5.1 (Planning & Design); 2. Division A5.3 (Water Efficiency & Conservation); 3. Division A5.4 (Material Conservation and Resource Efficiency); 4. Division A5.5 (Environmental Quality); and 5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. Page 63 of 64 5.504.5.3 Filters. In mechanically ventilated buildings, provide regularly occupied areas of the building with air filtration media for outside and return air that provides at least a Minimum Efficiency Reporting Value (MERV) of 13. MERV 13 filters shall be installed prior to occupancy, 11 and recommendations for maintenance with filters of the same value shall be included in the operation and maintenance manual. Exception: Existing mechanical equipment. A5.504.5.3.1 Repealed (Tiers 1 & 2) to avoid conflict with CEC SECTION 5.505 INDOOR MOISTURE CONTROL 5.505.1 Indoor moisture control. Buildings shall meet or exceed the provisions of California Building Code, CCR, Title 24, Part 2, Sections 1202 (Ventilation) Chapter 14 (Exterior Walls). For additional measures, see Section 5.407.2 of this code. California Energy Code SEE ENTIRE ENERGY CODE The Energy Code of the Town shall be the California Energy Code, 2022 edition, and the appendices thereof, as published by the California Building Standards Commission, on file with the office of the Town Clerk, which Code and appendices are hereby referred to, adopted and made a part hereof as if fully set forth herein. NO CHANGE Page 64 of 64 13-4.11 Miscellaneous Portions of the Building Standards Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, 2022 California Building Standards Code Part 8 (Historical Building Code), Part 10 (Existing Building Code), and Part 12 (Referenced Standards Code), said codes being on file with the office of the Town Clerk. EXHIBIT 3 E X H I B I T 3 A P P E N D I X J O F T H E B U I L D I N G C O D E EXHIBIT 4 EXHIBIT 4 RESIDENTIAL MEASURES APPENDIX A4 OF THE GREEN BUILDING CODE EXHIBIT 5 EXHIBIT 5 NON-RESIDENTIAL MEASURES APPENDIX A5 OF THE GREEN BUILDING CODE EXHIBIT 6 1 ORDINANCE NO. 2022/2023-01 AN ORDINANCE OF SOUTHERN MARIN FIRE PROTECTION DISTRICT ADOPTING AND MODIFYING THE 2022 CALIFORNIA FIRE CODE AND APPENDIX A OF THE 2021 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE WITH AMENDMENTS SUPPORTED BY LOCAL FINDINGS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND DEFINING THE POWERS AND DUTIES OF THE RISK REDUCTION PREVENTION AND MITIGATION DIVISION AND OFFICERS. WHEREAS, the Southern Marin Fire Protection District may adopt a fire code by reference pursuant to Article 2 commencing with Section 50022 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code; WHEREAS, pursuant to Health and Safety Code Section 13869, the Southern Marin Fire Protection District may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code when such modified standards are reasonably necessary because of local climatic, geological or topographical conditions; WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, changes or modifications to the 2022 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions. WHEREAS, this Ordinance No. 2022/2023-01 was introduced and read by title only at a meeting of the Board of Directors of the Southern Marin Fire Protection District on the 28th day of September, 2022. NOW THEREFORE BE IT ORDAINED by the Board of Directors of the Southern Marin Fire Protection District the following: SECTION 1. ADOPTION OF 2022 CALIFORNIA FIRE CODE, and APPENDIX A of the 2021 INTERNATIONAL WILDLAND URBAN INTERFACE CODE The Board of Directors of Southern Marin Fire Protection District hereby adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the following: Exhibit 6 2 A. The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the International Fire Code as amended by the California Building Standards Commission, including: 1. Appendix 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY 2. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS, the whole thereof, save and except such portions as are hereafter amended by section 11 of this Ordinance. 3. Appendix BB FIRE FLOW REQUIREMENTS FOR BUILDINGS 4. Appendix C FIRE HYDRANTS LOCATIONS AND DISTRIBUTION 5. Appendix CC FIRE HYDRANTS LOCATIONS AND DISTRIBUTION 6. Appendix E HAZARD CATEGORIES 7. Appendix F HAZARD RANKING 8. Appendix G CRYOGENIC FLUIDS – WEIGHT AND VOLUME EQUIVALENTS 9. Appendix H HAZARDOUS MATERIALS MANAGEMENT PLAN AND HAZARDOUS MATERIAL INVENTORY STATEMENTS 10. Appendix I FIRE PROTECTION SYSTEMS- NONCOMPLIANT CONDITIONS 11. Appendix O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES. B. The International Fire Code published by the International Fire Code Council, Inc., 2022 Edition hereof and the whole thereof, save and except such portions as are hereinafter amended, added or deleted by Section 11 of this Ordinance. C. Appendix A of the 2021 edition of the International Wildland-Urban Interface Code save and except such portions as are hereinafter deleted, modified or amended by Section 11 of this Ordinance. Not less than one (1) copy of the Codes and Standards hereby adopted is filed in the office of the Fire Marshal of the Southern Marin Fire Protection District, and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this Ordinance shall take effect, and the provisions thereof shall be controlling within the limits of the Southern Marin Fire Protection District. SECTION 2. ESTABLISHMENT AND DUTIES OF THE RISK REDUCTION PREVENTION AND MITIGATION DIVISION The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the International Fire Code as amended by the California Building Standards Commission, and Appendix A of the 2021 edition of the International Wildland-Urban Interface Code as adopted and amended herein, shall be 3 enforced by the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District and shall be operated under the supervision of the Chief of the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District. SECTION 3. DEFINITIONS Wherever they appear in the California and International Fire Codes, unless otherwise provided, the following words shall have the meanings ascribed to them in this section: (a) Whenever the words “Fire Code” are used they shall mean those Codes and Standards adopted in Section 1 of this Ordinance. (b) Wherever the term "Counsel" is used in the Fire Code, it shall be held to mean the attorney for the Southern Marin Fire Protection District. (c) Wherever the word "jurisdiction" is used in the Fire Code, it shall be held to mean the Southern Marin Fire Protection District. (d) Wherever the words “Fire Code Official” are used in the Fire Code, they shall be held to mean the Fire Chief or Fire Marshal of the Risk Reduction Prevention and Mitigation Division of the Southern Marin Fire Protection District. SECTION 4. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I, Class II and Class III liquids in outside aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 5. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS INWHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5706.2.4.4 of the California Fire Code in which storage of Class I, Class II and Class III liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily 4 populated or congested commercial areas, and agricultural land of less than two (2) acres. as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 6. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS IS TO BE PROHIBITED The geographic limits, referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 7. ESTABLISHMENTS OF GEOGRAPHIC LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASSES IS TO BE RESTRICTED The geographic limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land less than two (2) acres. The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 8. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The geographic limits in which storage of explosives and blasting agents is prohibited, are as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 9. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED 5 The geographic limits, in which the storage of compressed natural gas is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 10. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED The geographic limits, in which the storage of hazardous materials is prohibited or limited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by County of Marin, the City of Sausalito and the Town of Tiburon. SECTION 11. AMENDMENTS MADE TO THE 2022 CALIFORNIA FIRE CODE AND 2021 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE. The Southern Marin Fire District Board of Directors hereby finds that local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the, 2022 California Fire Code and the 2022 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in this Fire District. Specifically, the Southern Marin Fire Protection District Board finds that the following local conditions make more stringent standards a necessity: 1. Climatic a. Precipitation. Precipitation ranges from 15 to 42 inches per year with an average of approximately 39.2 inches per year. Approximately ninety percent (90%) falls during the months of November through April, and 10% from May through October. b. Relative Humidity. Humidity generally ranges from 50% during daytime to 86% at night. It drops to 20% during the summer months and occasionally drops lower. c. Temperatures. Temperatures have been recorded as high as 104 degrees F. Average summer highs are in the 78 degree to 85 degree range. 6 d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 – 15 mph range, gusting to 7.4 – 30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can have a tremendous impact upon structure fires of buildings in close proximity to one another, commonly found in Southern Marin. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts. 2. Geographic and Topographic a. Geography. The fire environment of a community is primarily a combination of two factors: (1) the area’s physical geographic characteristics and (2) the historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The basic geographical boundaries of the District include the City of Sausalito to the south, Tamalpais / Homestead Valley to the west, Mill Valley to the north and Strawberry / Tiburon to the east. The Fire District is in a unique geographic area, built upon a tree- covered 980-foot slope with an average grade of 22%. Slopes of 60% are commonplace. The District is water bound at its base, and along its ridgeline is a national park area of highly combustible grass, brush, and trees, mainly eucalyptus. Lands in the southerly portion of the District were subdivided in 1850, and in the central and northerly portions in 1870. The structural buildup occurred between the 1880's and 1920's in many of the residential areas and the District’s commercial center. The original construction consists of frame structures built with little or no side yard setbacks on small, narrow lots typical of that era. 7 Because of the size of the District (20.5 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the District has not a singular environment, but a number of fire environments, each of which has its individual fire protection needs. The domestic water supply is located at the end of the Marin Municipal Water District's distribution system and consists of five levels of gravity systems of varying pressures and capacities. Sixteen percent of the District’s hydrants are rated at less than 500 gallons per minute and, therefore, are deficient for fire protection. The service area of the District has a varied topography and vegetative cover. A conglomeration of bay plains, hills and ridges make up the terrain. Development has occurred on the flat lands in the central portion of the District. However, over the last ten years, development has spread into the surrounding hills and the smaller valleys and canyons. b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay Area are still active today. The District sits between two active earthquake faults (San Andreas and the Hayward/-Calaveras) and numerous potentially active faults. Approximately 50% of the District’s land surface is in the high-to- moderate seismic hazard zones. c. Size and Population. The Fire District covers 20.5 square miles including an urban population estimated at 26,175 and over 11,055 residential and commercial structures. Southern Marin Fire Protection District is the fourth largest fire department in Marin County. Within the Fire Protection District are three (3) fire stations and a total of 59 Fire District personnel. The Fire Protection District handles diverse responsibilities including wildland, urban, freeway, air, water and emergency paramedical services. d. Roads and Streets Most of the District’s street and pathway systems were laid out in the 1870's. Limited off-street parking has been provided; therefore, many of the District’s streets have less than 20 feet of unobstructed width and turning radius, as required by the California Fire Code, Section 503.2. Roadways with less than 20 feet of unobstructed paved surface are considered hazardous in terms of fire access and protection. The roadway systems on the flat lands within the Southern Marin Fire Protection District are for the most part a grid or loop system. Roadways with less than 20 feet of unobstructed paved surface, with a dead-end longer than 150 feet, with a cul-de-sac longer than 800 feet, 8 or with a cul-de-sac diameter less than 68 feet are considered hazardous in terms of fire access and protection. A large number of roadways within the District fall into one of the above four categories. e. Topography. The District’s service area is a conglomeration of bay plains, hills, valleys and ridges. The flatter lands are found in the central and eastern portions of the District. Most of the existing urban and suburbanized areas are built on slopes ranging from 5% – 70% grades. Elevations are varied in the District within the Sausalito Marinship area listed as 18 feet below sea level. Elevations in the Amaranth development are in the area of 980 feet above sea level. Correspondingly, there is much diversity in slope percentages with a large percentage of homes in the 25% to 45% range and the average slope being 22%. Slope is an important factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other factors remaining the same. f. Vegetation. Southern Marin Fire Protection District’s semi-arid Mediterranean-type climate produces vegetation similar to that of most of Marin County, with specific growth locale a result of topography and prevailing wind. The south facing exposure is primarily rye grass with occasional clumps of bay and oak trees in the more sheltered pockets. The north facing slopes are heavily wooded from lower elevations to ridge with oak and bay trees and minor shrubs of the general chaparral class. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view. A large percentage of the structures in the District have costly shingle or shake roofs. This very flammable material is susceptible to ignition by embers from a wildland fire, furthering the spread of fire to adjacent buildings. Of the Fire District’s 20.5 square mile service area, approximately 15.8 square miles encompasses the wildland urban interface area. Proliferation of sudden oak death syndrome has increased the dead fuel loads in the oak woodlands and bay forests which has significantly increased fire brand production and crown fire potential within the wildland urban interface area. 9 g. Summary. The above listed conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire District. The protection of life and property from fire is difficult due to limited access problems created by water, cliffs, steep slopes, and the lack of side yard setbacks, as well as the combustible structures and their roofs. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large percentage of dwellings in the Fire District have wood shingled roofs. The majority of the District’s industrial complexes are located in the highest seismic risk zones. The highest seismic risk zone also contains the largest concentration of hazardous materials. Hazardous materials, particularly toxic gasses, could pose the greatest threat to the largest number, should a significant seismic event occur. The District’s resources would have to be prioritized to mitigate the greatest threat and may likely be unavailable for smaller single-dwelling or structure fires. Other variables may tend to intensify the situation: 1. The extent of damage to the water system; 2. The extent of isolation due to bridge and/or freeway overpass collapse; 3. The extent of roadway damage and/or amount of debris blocking the roadways; 4. Climatic conditions (hot, dry weather with high winds); 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6. The availability of timely mutual aid or military assistance; 7. The large portion of dwellings with wood shingle roof coverings could result in conflagrations. Conclusion: Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that the International Fire Code, California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. 10 Furthermore, California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the Southern Marin Fire Protection District finds that the following table provides code sections that have been modified pursuant to Ordinance No. 2019/2020-01, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geographical, and topographical reasons. CA Fire Code Section Number Local followed by corresponding climatic, geological and topographical condition findings as set forth above: Section Number: Local Climatic, Geographical and Topographical Conditions: Chapter 2 DEFINITION 202 1e, 2a, 2b, 2d, 2e, 2f Chapter 3 GENERAL REQUIREMENTS 302.1 2b, 2d, 2e, 2g 307.4.4 2b, 2d, 2e, 2g 317.4.4 2b, 2d, 2e, 2g 319 2b, 2d, 2e, 2g 324 2b, 2d, 2e, 2g Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS 401.1.1 2c, 2d, 2e, 2g 401.3.2.1-401.3.2.2 2a, 2c, 2d, 2e, 2g 402.1 -403.1.1 2a, 2b, 2c, 2d, 2e, 2g 403.9.1.4 2a, 2b, 2c, 2d, 2e, 2g Chapter 5 FIRE SERVICE FEATURES 502.1 2a, 2c, 2d, 2e, 2f, 2g 503.1. 2a, 2c, 2d, 2e, 2f, 2g 503.1.4 - 503.1.5 2a, 2c, 2d, 2e, 2f, 2g 503.2.1. 2a, 2c, 2d, 2e, 2f, 2g 503.2.6.1. 2a, 2c, 2d, 2e, 2f, 2g 503.4-503.4.2 2a, 2c, 2d, 2e, 2f, 2g 503.6.1-503.6.3 2a, 2c, 2d, 2e, 2f, 2g 507.5.1-507.5.1.1 2a, 2b, 2c, 2d, 2g 507.5.7 2a, 2b, 2c, 2d, 2g 510.1 2a, 2b, 2c, 2d, 2g Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 901.7 2a, 2b, 2c, 2d, 2e, 2g 902.1 2a, 2b, 2c, 2d, 2e, 2g 903.2 - 903.2.1 2a, 2b, 2c, 2d, 2e, 2g 903.3.9 2a, 2b, 2c, 2d, 2e, 2g 903.6.1 2a, 2b, 2c, 2d, 2e, 2g 906.11 2a, 2b, 2c, 2d, 2e, 2g 907.2.13.1.2 2a, 2b, 2c, 2d, 2e, 2g 907.6.6 2a, 2b, 2c, 2d, 2e, 2g 907.8.5 2a, 2b, 2c, 2d, 2e, 2f 918 2a, 2b, 2c, 2d, 2e, 2f 11 Chapter 11 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 1103.1 2a, 2b, 2c, 2d, 2g 1103.2 2a, 2b, 2c, 2d, 2g 1103.3 -1103.6.2 2a, 2b, 2c, 2d, 2g 1103.9 2a, 2b, 2c, 2d, 2g 1104 -1105 2a, 2b, 2c, 2d, 2g Chapter 12 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 1201.4-1201.7 2a, 2b, 2c, 2e, 2g 1202.1 2a, 2b, 2c, 2e, 2g 1208 -1208.6 2a, 2b, 2c, 2e, 2g Chapter 33 FIRE SAFETY UNDER CONSTRUCTION 3314.3- 3315.5 2a, 2b, 2c, 2d, 2g Chapter 36 MARINAS 3603.6.1-3603.6.2 2a, 2b, 2c, 2e, 2g 3603.8 - 3603.9 2a, 2b, 2c, 2e, 2g Chapter 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS 4902.1 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g 4903.2.1 - 4903.2.2 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g 4906.2 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g 4906.3 -4906.3.1. 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g 4906.4.2.1 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g 4907.2-4907.5 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g Chapter 56 EXPLOSIVES AND FIREWORKS 5601.1.3 2a, 2c, 2d, 2e, 2g 5608.1.2-5608.2 2a, 2c, 2d, 2e, 2g Appendix B 2a, 2b, 2c, 2d, 2e, 2f, 2g IWUI Appendix A 1a, 1b, 1c, 1d, 1e, 2a, 2b, 2c, 2d, 2g ACCORDINGLY, THE 2022 CALIFORNIA FIRE CODE IS AMENDED, ADDED OR DELETED AS IDENTIFIED HEREIN: CHAPTER 1 SCOPE AND ADMINISTRATION Section 101.1 of Chapter 1 is amended to read as follows: Section 101.1 Title. These regulations and locally adopted standards shall be known as the Fire Code of the Southern Marin Fire Protection District hereinafter referred to as “this code.” Section 102.5 of Chapter 1 is hereby amended to read as follows: 12 Section 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, but not limited to, Section 903.2 and Chapter 12 shall apply. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply 2. Administrative, operational and maintenance provisions of this code shall apply. Section 102.7.3 is hereby added to Chapter 1 and shall read as follows: Section 102.7.3 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this Code shall be Labeled and Listed, as defined in Section 202. Section 104.1.1 is hereby added to Chapter 1 and shall read as follows: Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards or Policies to carry out the application and intent of this code. Section 104.13 is hereby added to Chapter 1 and shall read as follows: Section 104.13. Fire Prevention Resource Sharing. Other enforcement agencies shall have authority to render necessary assistance in plan review, inspection, code interpretation, enforcement, investigation and other fire prevention services when requested to do so. Section 105.5 of Chapter 1 is hereby amended by adding the following additional operational permits: 105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.5.55 13 Section 105.5.55 of Chapter 1 is hereby added to read as follows: 105.5.55 Local Operational Permits. In addition to the permits required by section 105.5, the following permits shall be obtained from the (Bureau of Fire prevention/Fire Prevention Division) prior to engaging in the following activities, operations, practices or functions: 1. Fire Protection Plan. An operational permit is required to implement a fire protection plan. 2. Radioactive material. An operational permit is required to store or handle at any installation more than 1 micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more that 1 millicurie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which specific license from the Nuclear Regulatory Commission is required. Section 105.6 of Chapter 1 is hereby amended by adding the following additional operational permits: 105.6 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.25 Section 105.6.25 of Chapter 1 is hereby added to read as follows: 105.6.25 Local Construction Permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Fire Prevention Division prior to installation of the following: 1. Exterior Wildfire Protection Systems. A construction permit is required for the installation of or design modification to an Exterior Wildfire Protection System as regulated by section 918. 2. Home Backup Generator. A construction permit is required for the installation of a home backup generator as regulated by section 1218. 3. Vegetation Management Plan. A construction permit is required to implement a vegetation management plan. Section 112.4 of Chapter 1 is hereby amended to read as follows: Section 112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a 14 misdemeanor, punishable by a fine of not more than $500 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 112.4.2 of Chapter 1 is added to read as follows: Section 112.4.2 Abatement of clearance of brush or vegetative growth from structures. The executive body is authorized to instruct the Chief to give notice to the owner of the property upon which conditions regulated by section 304.1.2 of Chapter 3 and section 4907.4 of Chapter 49 exists to correct such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. Section 113.4 of Chapter 1 is hereby amended to read as follows: Section 113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $500 dollars or more than $1500 dollars. Section 115 of Chapter 1 is hereby added and shall read as follows: Section 115 DAMAGES AND EXPENSE RECOVERY Section 115.1 Damages and Expense Recovery. The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up. 15 CHAPTER 2 DEFINITIONS Section 202 of Chapter 2 is hereby amended by adding the following general definition: ALL WEATHER SURFACE shall mean A/C paving, or concrete capable of supporting 55,000 gross vehicle weight. Grades up to and including 18% may be of asphalt or concrete paving. Grades greater than 18% shall be of ribbed concrete as to allow for water run-off and traction. Exception: Materials approved by the Fire Code Official. COVERINGS shall mean materials including, but not limited to gypsum board, paneling, floor boards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. ‘Coverings’ do not include carpet, linoleum, tile, wall paper, or other decorative finishes. DRIVEWAY is a vehicular ingress/egress access route that serves no more than 3 dwelling units, not including accessory structures. Driveways shall provide a minimum unobstructed width 16 feet and a minimum unobstructed height of 15 feet. Driveways in excess of 150 feet in length shall be provided with turnarounds. Driveways in excess of 200 feet in length and less than 20 feet in width shall be provided with turnouts in addition to turnarounds. EASEMENT ACCESS An access that allows one or more persons to access or use or travel across another’s land to reach a nearby location, such as a road. EXTERIOR WILDFIRE PROTECTION SYSTEM An approved system of devices and equipment which is automatically or manually activated to discharge water and or an approved fire-extinguishing agent onto the structure and or the exterior of the structure to hydrate the Immediate Zone 0 (0-5 feet from the home, including the home) and the Intermediate Zone 1 (5-30 feet from the home). FIRE ROAD shall mean those improved or unimproved roads, public or private, that provide access for firefighting equipment and personnel to undeveloped areas. HOME BACKUP GENERATOR. A permanent, fixed installation, internal combustion engine-driven device that provides temporary electrical power to a Group R-3 and R-4 Occupancies. 16 OCCUPANCY CLASSIFICATION is modified to include: [BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following: Agricultural crop production including cultivation, drying, processing and /or storage. PRE-PLANS shall mean detailed plans of target hazard buildings. These pre-plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency. PRIVATE ROADWAYS A road owned and maintained by a private individual, organization, or company rather than a government agency. PUBLIC STORAGE FACILITY shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. SPARK ARRESTOR shall mean a chimney device constructed in a skillful- like manner. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. SUBSTANTIAL REMODEL shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36 month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. TARGET HAZARD is defined as a location or plausible scenario in which a fire department or fire district could quickly become overwhelmed and for which additional resources, now scarce, would be needed. 17 TEMPORARY shall mean any use for a period of less than 90 days, where not otherwise referenced. TENT A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects. UNWARRANTED ALARM shall mean the giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists. CHAPTER 3 GENERAL REQUIREMENTS Section 302.1 in Chapter 3 is hereby amended to add the following: PUBLIC STORAGE FACILITY UNWARRANTED ALARM Section 307.4.4 is hereby added to Chapter 3 and shall read as follows: Section 307.4.4 Exterior Fire Features. Exterior fire features, commonly used in landscape modifications or enhancements, shall be surrounded by hardscape one and a half times the height of the flame and located ten (10) feet from the structure. All exterior fire features shall be sourced by natural gas. Section 317.4.4 is hereby added to Chapter 3 and shall read as follows: Section 317.4.4 Maintenance Agreement. Upon the approval of a rooftop garden or landscaped roof, the fire official shall require a signed memorandum, constructed by the District, as a Maintenance Agreement for the proposed roof. The agreement shall require that the vegetation selected does not display any fire-prone characteristics, including, but not limited to, oil secretion and debris retainment. The agreement shall require that in any instance the vegetation is deemed by the Fire Official as unmaintained, dead, or hazardous to life and safety standards, all vegetation shall be removed from the roof surface and a Class A roof covering shall be installed post-removal. The Maintenance Agreement is required to be returned to the Fire Official and shall be on record for the duration of the existence of the rooftop garden or landscaped roof. 18 Section 324 is hereby added to Chapter 3 and shall read as follows: Section 324 Public Storage Facilities Section 324.1 General. Public Storage Facilities shall comply with the provisions of this section. Section 324.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies. Section 324.3 Fire Apparatus Access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503. Section 324.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate the same in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management per Chapter 57 of this code. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS Section 401.1.1 is hereby added to Chapter 4 and shall read as follows: Section 401.1.1 Hazardous Occupancies. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards or policies of the Southern Marin Fire Protection District, that facility or business management shall be required to develop and implement an Emergency Response Plan, provide for an on-site Emergency Response Team, Emergency Liaison Officer, staff training and fire drills in accordance with Sections 405 and 406 and standards developed by the Southern Marin Fire Protection District. Section 401.3.2.1 is hereby added to Chapter 4 and shall read as follows: Section 401.3.2.1 Unwarranted Alarm Notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and 19 administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. Section 401.3.2.2 is added to read as follows: Section 401.3.2.2 Multiple Unwarranted or Nuisance Alarm Activations. Any occupancy that has more than 3 unwarranted or nuisance alarms causing emergency response within a 12 month period may be required to modify, repair, upgrade or replace their system and or monitoring station as determined by the Fire Code Official. Section 402.1 of Chapter 4 is hereby amended to add the following: PRE-PLANS UNWARRANTED ALARMS TARGET HAZARDS Section 403.1.1 is hereby added to Chapter 4 and shall read as follows: Section 403.1.1 Pre-Plans: When required by the fire code official, pre- plans shall be developed for target hazard buildings according to the written standards developed by the authority having jurisdiction. Section 403.9.1.4 is hereby added to Chapter 4 and shall read as follows: Emergency Preparedness for Hotels, Lodging and Congregate Houses. Hotels, lodging and congregate houses shall provide guests with immediate access to a telephone to report emergencies. The exit diagram shall indicate the location of the nearest telephone and instructions to dial 911. CHAPTER 5 FIRE SERVICE FEATURES Section 502.1 in Chapter 5 is hereby amended to add the following: DRIVEWAY Section 503.1. of Chapter 5 is hereby amended as follows: Section 503.1 Where Required. Fire Apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5. Section 503.1.4 of Chapter 5 is hereby added to read as follows: Section 503.1.4 Undeveloped Areas. Fire Apparatus Access Roads, improved or unimproved, shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the Southern Marin Fire 20 Protection District so as to gain access to improved, unimproved, and undeveloped areas of the Southern Marin Fire Protection District in a manner approved by the Fire Code Official. Any vehicle or other obstructions may be towed away at the owner's expense. Section 503.1.5 of Chapter 5 is hereby added to read as follows: Section 503.1.5 Aerial fire apparatus access. Buildings or facilities exceeding 30 feet or three stories in height, approved aerial apparatus access roads shall be provided. For the purposes of this section, the highest rood surface shall be determined by the measurement to the eave of the pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Section 503.1.5.1 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Section 503.1.5.2 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet and not more than 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. Section 503.1.5.3 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus access road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. Section 503.2.1. of Chapter 5 is hereby amended as follows: Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 15 feet (4572 mm). Section 503.2.6.1. is hereby added to Chapter 5 and shall read as follows: Section 503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of the fire department access roadway shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: ``The Manual for Bridge Evaluation,'' Second Edition, or other 21 approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the fire code official or authorized designee. Section 503.4 of Chapter 5 is amended to read as follows: Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in sections 503.2.1 and 503.2.2 shall be maintained at all times. Any vehicle or other obstruction may be towed away at the owner’s expense. Section 503.4.2 is hereby added to read as follows: 503.4.2 Prohibition on Vehicular Parking on Private Access ways. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fire Code Official may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire Department. It shall thereafter be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain in good condition, the form of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle. Section 503.6.1 is hereby added to Chapter 5 and shall read as follows: 503.6.1 Width. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet. Section 503.6.2 is hereby added to Chapter 5 and shall read as follows: Section 503.6.2 Electronic Gates. All electric operated gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Chief in accordance with Standards/Policies adopted by the Fire Code Official. All electronic or motorized gates shall incorporate in their design the means for fast, effective manual operation of the gates in the event of power or mechanical failure (i.e., easily removable hinge pins for separating power linkage from gates; undercut, 22 weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open. All electrical wiring and components of motorized gates shall be UL listed and installed in accordance with the National Electric Code. Section 503.6.3 is hereby added to Chapter 5 and shall read as follows: Section 503.6.3 Gate Setback Required. Gates shall be set back from roadways a minimum of 30 feet or more so as not to cause cross traffic to stop or create a hazardous traffic condition on the roadway approach to the driveway. Exception: The fire code official is authorized to modify the setback if fire apparatus access onto the property is not required to achieve 150 foot access to the most remote portion of the building per 503.1.1. Section 506.1 of Chapter 5 is hereby amended to read as follows: Section 506.1 Key Entry Systems. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes or in commercial structures that have an automatic fire sprinkler or fire alarm system installed, the Fire Code Official is authorized to require a key entry system to be installed in an approved location. The key entry system shall be of an approved type listed in accordance with UL1037, and if it is a box shall contain keys necessary to gain access as required by the Fire Code Official. Section 507.5.1 of Chapter 5 is hereby amended by deleting exceptions 1 and 2 and shall read as follows: Section 507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 350 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Section 507.5.1.1 of Chapter 5 is amended to read as follows: Section 507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 100 feet of the fire department connections, or as approved by the fire code official. 23 Section 507.5.7 is hereby added to Chapter 5 and shall read as follows: Section 507.5.7 Fire Hydrant Upgrades. When additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code Official, shall be upgraded to the minimum standard of one 4 1/2” outlet and one 2 1/2” outlet for single family dwellings and the minimum standard of one 4 1/2” outlet and two 2 1/2” outlets for commercial structures. Exception: 1) If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. 2) One and Two family dwellings equipped throughout with an approved automatic sprinkler system that includes protection of all closets and bathrooms. Section 510.1 of Chapter 5 is hereby amended by deleting Exception 1. CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS Section 901.7 of Chapter 9 is hereby amended by adding the following sentence: Section 901.7 Systems out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. This section shall also apply to residential fire sprinkler systems. Section 902.1 in Chapter 9 is hereby amended to add the following: EXTERIOR WILDFIRE PROTECTION SYSTEMS Section 903.2 of Chapter 9 is repealed in its entirety (with the exception of subsections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14, 903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20, 903.2.21 which shall remain in effect). Section 903.2 of Chapter 9 is hereby added to read as follows: 24 Section 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this section 903.2.1 through 903.2.21. Section 903.2.1 through 903.2.4 of Chapter 9 are hereby added to read as follows: Section 903.2.1 Required installations. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings or structures. Exceptions: 1. Detached pool houses, workshops, Group U private garages, barns and similar structures, built in conjunction with existing non-sprinklered single family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit. 2. Detached non-combustible, limited combustible, or fire retardant treated wood canopies. 3. Group B or M occupancies less than 1000 square feet. 4. Detached restroom facilities associated with golf courses, ball fields, parks and similar uses as approved by the Fire Code Official. 5. Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2000 square feet, having clear unobstructed side yards free of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height, located within an agricultural zoned district as defined in the Marin County Planning Code. Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be installed in all buildings in excess of 3,000 sq. ft. which have ten per cent (10%) or more floor area added within any 36 month period. Exception: R-3 occupancies. See 903.2.3. Section 903.2.2.1 Substantial Remodel. An automatic sprinkler system shall be installed in all buildings which have fifty per cent (50%) or more floor area added, or any “substantial remodel” as defined in this code, within any 36 month period. 25 Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations. Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout. Section 903.3 of Chapter 9 is hereby amended by adding the following thereto: The requirements for fire sprinklers in this code section are not meant to disallow the provisions for area increase, height increase, or Fire-Resistive substitution if otherwise allowed by sections 504 and 506 of the 2019 California Building Code. All automatic fire sprinkler systems shall be installed in accordance with the written standards of the Fire Code Official and the following: a. In all residential buildings required to be sprinkled any attached garages shall also be sprinkled, and except for single family dwellings, in all residential occupancies the attics shall be sprinkled. b. In all existing buildings, where fire sprinklers are required by provisions of this code, they shall be extended into all unprotected areas of the building. c. All single-family dwellings in excess of 5,000 square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13 or 13R. d. All public storage facilities shall have installed an approved automatic fire sprinkler system. An approved wire mesh or other approved physical barrier shall be installed 18 inches below the sprinkler head deflector to prevent storage from being placed to within 18 inches from the bottom of the deflector measured at a horizontal plane. 26 Section 903.3.9 of Chapter 9 is hereby amended by replacing item 2 with the following: Section 903.3.9 Floor control valves. Floor control valves and water flow detection assemblies shall be installed at each floor where any of the following occur: 1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access. 2. Buildings that are two or more stories in height. 3. Buildings that are two or more stories below the highest level of fire department vehicle access. Exception: Group R-3 and R-3.1 occupancies floor control valves and water flow detection assemblies shall not be required. Section 903.6.1 of Chapter 9 is hereby added and shall read as follows: Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers are required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building. Section 906.11 is hereby added to Chapter 9 and shall read as follows: Section 906.11 Fire Extinguisher Documentation. The owner and/or operator of every Group R Division 2 occupancies shall annually provide the Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas. Section 907.2.13.1.2 of Chapter 9 is hereby amended by adding new subsection 3 to read as follows: 4. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official. Section 907.6.6 is hereby amended to read as follows: Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section. 27 Exception: Monitoring by central station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.11. 2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3. 3. Automatic sprinkler systems in one- and two-family dwellings. Section 907.8.5 of Chapter 9 is hereby added and shall read as follows: Section 907.8.5 Smoke Alarm Documentation. The owner and/or operator of every Group R Division 1, Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the Building Code have been tested and are operational. If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately. Section 918 of Chapter 9 is hereby added and shall read as follows: SECTION 918 EXTERIOR WILDFIRE PROTECTION SYSTEMS Section 918.1 of Chapter 9 is hereby added and shall read as follows: Section 918.1 General. Exterior Wildfire Protection Systems shall comply with this section. Section 918.2 of Chapter 9 is hereby added and shall read as follows: Section 918.2 Construction documents. Documentation of the system shall be submitted per 901.2. Section 918.3 of Chapter 9 is hereby added and shall read as follows: Section 918.3 Permits. Permits shall be required as set forth in section 901.3 CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS Section 1103.1 of Chapter 11 is hereby amended to read as follows: 28 Section1103.1 Required Construction. Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2, 1103.7 through 1103.8.5.3, 1103.9.1, and 1103.10. The provisions of this chapter shall not be constructed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes. Exceptions: 1. Where a change in fire-resistance rating has been approved in accordance with Section 501.2 or 802.6 of the California Existing Building Code. 2. Group U occupancies. Sections 1103.2 Item #1 is deleted. Sections 1103.3 through 1103.6.2 are deleted. Sections 1103.9 is deleted. Sections 1104 and 1105 are deleted. CHAPTER 12 ENERGY SYSTEMS Section 1201.4 of Chapter 12 is hereby added and shall read as follows: Section 1201.4 Construction Documents. A scaled and dimensioned site plan showing the location of all energy systems, property lines, buildings, service and electrical panels, transfer switches, disconnects, underground wiring and piping, fuel type and piping, map placard and signage. Site Plan shall clearly designate property frontage for viewer orientation. Section 1201.5 of Chapter 12 is hereby added and shall read as follows: Section 1201.5 Signs and Labels. Caution signs or labels are required to identify the quantity and type of additional power source(s) located on site. Signs shall be required at the main service panel, and on disconnect equipment. Additional locations may be required by the fire code official. Section 1201.6 of Chapter 12 is hereby added and shall read as follows: 29 Section 1201.6 Disconnect. An approved and readily accessible independent and clearly labeled single exterior disconnect shall be located prior to any load/service panel and installed as close as possible to the main service panel or as approved by the fire code official. Integrated equipment toggle, rocker, or electronic switches shall not be utilized as an independent disconnects. Section 1201.7 of Chapter 12 is hereby added and shall read as follows: Section 1201.7 Operational Testing. New installations shall be tested for complete power and energy system shutdown. A normal power failure shall be simulated by closing the main service breaker supplying normal power to the building. Upon transfer from main power to alternate power source(s), the single disconnect(s) shall be used to disconnect alternate power from all alternate energy sources. A successful result of the shutdown test shall include termination of all alternate energy power sources serving the building (i.e. main service, photovoltaic system, energy storage systems, and generators, when installed). Section 1202.1 in Chapter 12 is hereby amended to add the following: HOME BACKUP GENERATOR Section 1208 of Chapter 12 is hereby added and shall read as follows: SECTION 1208 HOME BACKUP GENERATOR Section 1208.1 of Chapter 12 is hereby added and shall read as follows: Section 1208.1 General. The use, operation and maintenance of home backup generators in Group R-3 and R-4 occupancies shall comply with this section. Section 1208.2 of Chapter 12 is hereby added and shall read as follows: Section 1208.2 Use. Home backup generators shall be installed in accordance with the California Building Code, the California Electrical Code, NFPA 110. Section 1208.3 of Chapter 12 is hereby added and shall read as follows: 30 Section 1208.3 Permits. Permits shall be obtained for Home Backup Generators as set forth in Section 105. Section 1208.4 of Chapter 12 is hereby added and shall read as follows: Section 1208.4 Installation. Home backup generators shall be installed in accordance with the California Building Code, the California Electrical Code, NFPA 110. Section 1208.5 of Chapter 12 is hereby added and shall read as follows: Section 1208.5 Listing. Home backup generators shall be listed and labeled in accordance with UL 2200. Section 1208.6 of Chapter 12 is hereby added and shall read as follows: Section 1208.6. Maintenance. Home backup generators shall be operated and maintained in accordance with the manufacturer’s instructions. CHAPTER 26 FUMIGATION AND INSECTICIDAL FOGGING Chapter 26 is deleted in its entirety. CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION Section 3314.3 of Chapter 33 is amended by adding the following to the end of the exception: Exception: Standpipes shall be either temporary or permanent in nature, and with or without a water supply, provided that such standpipes comply with the requirements of Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official. Section 3315.3 in Chapter 33 is added to read as follows: Section 3314.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding two stories in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. 31 Section 3315.4 of Chapter 33 is added to read as follows: Section 3314.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. Section 3315.5 of Chapter 33 is added to read as follows: Section 3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903. CHAPTER 36 MARINAS Section 3603.6.1 of Chapter 36 is added to read as follows: Section 3603.6.1 Width. A minimum width of 36" shall remain unobstructed on all docs serving more than two vessels. Section 3603.6.2 of Chapter 36 is added to read as follows: Section 3603.6.2 Storage. Storage on docks shall be approved by the fire code official. Section 3603.8 of Chapter 36 is added to read as follows: Section 3603.8 Lighting. Electrical lighting shall be provided to ensure adequate illumination of all exterior areas, piers, and floats. Section 3603.9 of Chapter 36 is added to read as follows: Section 3603.9 When Required. The requirements in 3603.6.1 and 3603.6.2 and 3603.8 shall be applied retroactively to all marinas within six months of the adoption of this code. CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS 32 Section 4902.1 of Chapter 49 is amended to read as follows: FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for construction and development in areas designated as Wildland-Urban Interface (WUI), and/or Moderate, High, or Very High Fire Hazard Severity Zone. It describes ways to minimize and mitigate potential for loss from wildfire exposure. WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by the Southern Marin Fire Protection District as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires as designated on the map titled Wildland-Urban Interface Fire Area. Jurisdictions: NEED TO UPDATE THE DATE OF YOUR MAP ADOPTION OR THE COUNTIES Section 4903.2.1 of Chapter 49 is amended to read as follows: Section 4903.2.1.1 Preliminary fire protection plan. When a preliminary fire protection plan is submitted, it shall include, at a minimum, the following: 1) Total size of the project. 2) Information on the adjoining properties on all sides, including current land uses, and if known, existing structures and densities, planned construction, natural vegetation, environmental restoration plans, roads and parks. 3) A map with all project boundary lines, property lines, slope contour lines, proposed structure foundation footprints, and proposed roads and driveways. The map shall identify project fuel modification zones and method of identifying the fuel modification zone boundaries. 4) The map shall include all existing emergency water supplies. Section 4903.2.2 of Chapter 49 is amended to include the following: Te final fire protection plan shall include items listed in Section 4903.2.1.1 and the following: 1) A map identifying all proposed plants in the fuel modification zones with a legend that includes a symbol for each proposed 33 plant species. The plan shall include specific information on each species proposed, including but not limited to: (a) The plant life-form; (b) The scientific and common name; and (c) The expected height and width for mature growth. 2) Identification of irrigated and non-irrigated zones. 3) Requirements for vegetation reduction around emergency access and evacuation routes. 4) Identification of points of access for equipment and personnel to maintain vegetation in common areas. 5) Legally binding statements regarding community responsibility for maintenance of fuel modification zones. 6) Legally binding statements to be included in covenants, conditions and restrictions regarding property owner responsibilities for vegetation maintenance 7) Identify the location of fire protection systems or equipment. 8) Identify any power sources, meters, and shut downs. Section 4906.2 of Chapter 49 is amended to read as follows: Section 4906.2 Application. Buildings and structures located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall maintain the required hazardous vegetation and fuel management per Sections 4906.3 through 4906.5.3. Section 4906.3 of Chapter 49 is amended to read as follows: Section 4906.3. Vegetation Management Plan. A Vegetation Management plan shall be required for new construction, substantial remodels, and landscape modifications including new plantings, modifications to existing plantings, and/or excavation. Section 4906.3.1 of Chapter 49 is deleted in its entirety. Section 4906.4.2.1 of Chapter 49 is amended to read as follows: Section 4906.4.2.1 Tree Planting. New trees classified as fire- resistant vegetation shall be permitted provided the tree is planted and maintained so that the tree’s drip line at maturity is a minimum 5 feet (9144 mm) from any combustible structure. Section 4907.2 of Chapter 49 is amended to read as follows: Section 4907.2 Application. Buildings and structures located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall maintain the required 34 hazardous vegetation and fuel management: Section 4907.4 of Chapter 49 is hereby added and shall read as follows: Section 4907.4 Fire Hazard Reduction. Any person who owns, leases, controls or maintains any building or structure, vacant lands, open space, and/or lands within specific Wildland Urban Interface areas of the jurisdiction of the (Jurisdiction/District), shall comply with the following: 1. Cut and remove all hazardous vegetation and ground coverings within 100 feet of structures, up to 200 feet when topographic or combustible vegetative types necessitate removal as determined by the Fire Code Official. 2. Remove accumulated dead vegetation on the property. 3. Cut and remove tree limbs that overhang wood decks and roofs. 4. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters 5. Clean any leaves and needles from the roof and gutters. 6. Cut and remove growth less than 3-inches in diameter, from the ground up to a height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree’s total height. 7. Ladder fuels shall be removed within 30 feet of the structure. 8. When required by the Fire Code Official, cut and remove trees that are 6" of diameter or less at breast height, or four feet, six inches above ground, to achieve canopy separation within 30 feet of the structure. 9. Clearance of flammable brush or vegetative growth from fire access roads or driveways. The fire code official is authorized to require, within 10 feet on each side and 15 feet in height of highways, streets, fire apparatus roads and driveways, to be abated of flammable vegetation and other combustible growth. 10) Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2021 International Wildland-Urban Interface Code, as amended by the Southern Marin Fire Protection District EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground 35 covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. EXCEPTION 2: When approved by the Fire Code Official, grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize soil, and prevent erosion. Section 4907.5 of Chapter 49 is hereby added and shall read as follows: Section 4907.5 Fire Hazard Reduction from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, fire apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Corrective action, if necessary, shall be the same as the actions required in section 4907.4. The Fire Code Official is authorized to enter upon private property to carry out this work. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. CHAPTER 56 EXPLOSIVES AND FIREWORKS Section 5601.1.3 of Chapter 56 Exceptions 1, 2, and 4 are hereby deleted. Section 5608.1.2 of Chapter is added to read as follows: Section 5608.1.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee. Section 5608.2 of Chapter 56 is added to read as follows: 36 Section 5608.2 Limitations. Possession, storage, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, use, explosion, discharge, or disposal of fireworks is prohibited in any area as established by applicable land-use and zoning standards. Exception: Firework displays authorized pursuant to section 5608.1 for which a permit has been issued. CHAPTER 80 REFERENCED STANDARDS California Fire Code, Chapter 80 is amended as follows: NFPA 1: Fire Code Add Chapter 38: Cannabis Growing, Processing, or Extraction Facilities. NFPA 13-22: Standard for the installation of Sprinkler Systems *NFPA 13, Amended Sections as follows: Revise Section 29.4.1 as follows: 29.4.1 The installing contractor shall identify a hydraulically designed sprinkler system with permanently raised, stamped or etched weatherproof metal or rigid plastic sign secured with corrosion resistant wire, chain, or other approved means. Such signs shall be placed at the alarm valve, dry pipe valve, preaction valve, or deluge valve supplying the corresponding hydraulically designed area. Pipe schedule systems shall be provided with a sign indicating that the system was designed and installed as a pipe schedule system and the hazard classification(s) included in the design. 303-21: Fire Protection Standard for Marinas and Boatyards APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS California Fire Code, Appendix B Table B105.1(1) is amended to read as follows: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES 37 FIRE-FLOW CALCULATION AREA (square feet) AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) 0-3,600 No automatic sprinkler system 1,500 2 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at The required fire-flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 1000 1 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ value in Table B105.1(2)a Duration in Table B105.1(2) at The required fire-flow rate For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,000 gallons per minute. Appendix B Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION Section C103.1 of Appendix C is amended to read as follows: Section C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where 38 more than one fire hydrant is required, the distance between required fire hydrants shall be approved by the fire code official. Section C103.2 of Appendix C is deleted. Section C103.3 of Appendix C is deleted. INTERNATIONAL WILDLAND-URBAN INTERFACE APPENDIX A Section A104.7.2 of Appendix A of the International Wildland-Urban Interface Code is amended to read as follows: Section A104.7.2 Permits. The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official. Section A104.11 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.11 – Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas. Section A104.12 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.12 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the Fire Code Official. Section A104.13 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.13 APIARIES. Lighted or smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official. SECTION 12. AUTHORITY TO ARREST AND ISSUE CITATIONS The Fire Chief, Chief Officers, Fire Marshal, Deputy Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any 39 provision of this Chapter involving the Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the Board of Directors of the Southern Marin Fire Protection District that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. SECTION 13. PENALTIES A. Violations of the Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein. B. If a criminal citation is issued, penalties shall be per Section 109 of the California Fire Code and 109.4, or 111.4 of Section 11 of this ordinance. If an administrative citation is issued, the penalties are as follows: 1) The first citation, within a 12-month period, for violations of the Fire Code and any amendments adopted herein, shall be treated as a Civil Penalty payable directly to the Southern Marin Fire Protection District and is set at $250 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Southern Marin Fire Protection District. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided in Section 14. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Southern Marin Fire Protection District for such civil penalty and costs of the litigation, including reasonable attorney’s fees. 2) Any subsequent citations within a twelve (12) month period for any violations of the Fire Code and any amendments adopted herein shall be misdemeanors/infractions and shall be subject to the penalties set forth herein. 3) The imposition of a penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that a violation occurs or continues after a final notice has been delivered, shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions. 40 4) Nothing contained in Subsections (a) through (e) of this Section shall be construed or interpreted to prevent the Southern Marin Fire Protection District from recovering all costs associated with a Fire District response as described in Section 104.12 of the 2022 California Fire Code as amended. 5) Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Southern Marin Fire Protection District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Southern Marin Fire Protection District intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief’s decision to the Board of Directors of the Southern Marin Fire Protection District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Southern Marin Fire Protection District is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney’s fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in section 109.3.2. SECTION 14. APPEALS A. Any person receiving a citation for a civil penalty pursuant to Subsection (b) of Section 13 or a bill for Southern Marin Fire Protection District response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days’ advance written notice of the time and place of the hearing. Within ten (10) days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be 41 final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the hearing officer. B. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the Southern Marin Fire Protection District within 10 days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to Section 14 (a) above. SECTION 15. FORMER ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. SECTION 16. VALIDITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Directors of the Southern Marin Fire Protection District hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. SECTION 17. ORDINANCE PUBLICATION AND EFFECTIVE DATE A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the Southern Marin Fire Protection District Clerk at least five (5) days prior to the City of Sausalito, City Council meeting at which it is adopted. This Ordinance shall be in full force and effective thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the City Council members voting for or against same, in the Marin IJ, a newspaper of general circulation in the County of Marin, State of California. SECTION 18. CALIFORNIA ENVIRONMENTAL QUALITY ACT The Board of Directors of the Southern Marin Fire Protection District finds that adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) under California Code of Regulations, Title 14, § 15061(b)(3). 42 Within fifteen (15) days after adoption, the (Southern Marin Fire Protection District) Clerk shall also post in the office of the (Southern Marin Fire Protection District) Clerk, a certified copy of the full text of this Ordinance along with the names of those Board of Directors/Supervisors members voting for and against the Ordinance. The foregoing Ordinance No. 2022/2023-01 was read and introduced at a Regular meeting of the Board of Directors of the Southern Marin Fire Protection District held on the 28th day of September, 2022, and ordered passed to print by the following vote, to wit: AYES: Board Members: NOES: Board Members: ABSTAIN: Board Members: ABSENT: Board Members: and will come up for adoption as an Ordinance of the Southern Marin Fire Protection District at a Regular meeting of the Board of Directors to be held on the 26th day of October, 2022. ____________________________________ Mariya Weinberg, Clerk of the Board Southern Marin Fire Protection District PASSED AND ADOPTED by the Board of Directors, Southern Marin Fire Protection District, on the on the 26th day of October, 2022, by the following vote: AYES: Board Members: NOES: Board Members: ABSTAIN: Board Members: ABSENT: Board Members: Attest: ___________________________________ __________________________________ Mariya Weinberg, Clerk of the Board Thomas Perazzo, President Southern Marin Fire Protection District Board of Directors EXHIBIT 7 1 ORDINANCE NO. 131 AN ORDINANCE OF THE TIBURON FIRE PROTECTION DISTRICT ADOPTING AND MODIFYING THE CALIFORNIA FIRE CODE AND APPENDIX A OF THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE WITH AMENDMENTS SUPPORTED BY LOCAL FINDINGS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND DEFINING THE POWERS AND DUTIES OF THE TIBURON FIRE PROTECTION DISTRICT OFFICERS. WHEREAS, the Tiburon Fire Protection District may adopt a fire code by reference pursuant to Article 2 commencing with Section 50022 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code; WHEREAS, pursuant to Health and Safety Code Section 13869, the Tiburon Fire Protection District may adopt building standards relating to fire and panic safety that are more stringent than those building standards adopted by the State Fire Marshal and contained in the California Building Standards Code when such modified standards are reasonably necessary because of local climatic, geological or topographical conditions; WHEREAS, pursuant to Sections 17958.5, 17958.7, and 18941.5 of the State of California Health and Safety Code, changes or modifications to the 2022 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic and topographic conditions. WHEREAS, this Ordinance No. 131 was introduced and read by title only at a meeting of the Board of Directors of the Tiburon Fire Protection District on the 14th day of September, 2022. 2 NOW THEREFORE BE IT ORDAINED by the Board of Directors of the Tiburon Fire Protection District the following: The Board of Directors of Tiburon Fire Protection District hereby adopt, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the following: 1. The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the International Fire Code as amended by the California Building Standards Commission, including: a. Appendix 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANY b. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS, the whole thereof, save and except such portions as are hereafter amended by section 11 of this Ordinance. c. Appendix BB FIRE FLOW REQUIREMENTS FOR BUILDINGS d. Appendix C FIRE HYDRANTS LOCATIONS AND DISTRIBUTION e. Appendix CC FIRE HYDRANT’S LOCATIONS AND DISTRIBUTION f. Appendix E HAZARD CATEGORIES g. Appendix F HAZARD RANKING h. Appendix G CRYOGENIC FLUIDS – WEIGHT AND VOLUME EQUIVALENTS i. Appendix H HAZARDOUS MATERIALS MANAGEMENT PLAN AND HAZARDOUS MATERIAL INVENTORY STATEMENTS j. Appendix O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES. 2. The International Fire Code published by the International Fire Code Council, Inc., 2022 Edition hereof and the whole thereof, save and except such portions as are hereinafter amended, added or deleted by Section 11 of this Ordinance. 3. Appendix A of the 2021 edition of the International Wildland-Urban Interface Code save and except such portions as are hereinafter deleted, modified or amended by Section 11 of this Ordinance. Not less than one (1) copy of the Codes and Standards hereby adopted is filed in the office of the Fire Marshal of the Tiburon Fire Protection District, 3 and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this Ordinance shall take effect, and the provisions thereof shall be controlling within the limits of the Tiburon Fire Protection District. SECTION 2. ESTABLISHMENT AND DUTIES OF THE FIRE PREVENTION BUREAU The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the International Fire Code as amended by the California Building Standards Commission, and Appendix A of the 2021 edition of the International Wildland-Urban Interface Code as adopted and amended herein, shall be enforced by the Fire Prevention Bureau of the Tiburon Fire Protection District, and shall be operated under the supervision of the Chief of the Tiburon Fire Protection District. SECTION 3. DEFINITIONS Wherever they appear in the California and International Fire Codes, unless otherwise provided, the following words shall have the meanings ascribed to them in this section: (a) Whenever the words “Fire Code” are used they shall mean those Codes and Standards adopted in Section 1 of this Ordinance. (b) Wherever the term "Counsel" is used in the Fire Code, it shall be held to mean the attorney for the Tiburon Fire Protection District. SECTION 4. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I, Class II and Class III liquids in outside aboveground tanks is prohibited are amended as follows: In all 4 residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres as established by the County of Marin. SECTION 5. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF CLASS I, CLASS II AND CLASS III LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED The geographic limits referred to in Section 5706.2.4.4 of the California Fire Code in which storage of Class I, Class II and Class III liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land of less than two (2) acres. as established by the County of Marin. SECTION 6. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS IS TO BE PROHIBITED The geographic limits, referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by the County of Marin. SECTION 7. ESTABLISHMENTS OF GEOGRAPHIC LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The geographic limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land less than two (2) acres. 5 The aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons as established by the County of Marin. SECTION 8. ESTABLISHMENT OF GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The geographic limits in which storage of explosives and blasting agents is prohibited, are as follows: In all residential areas and in heavily populated or congested commercial areas as established by the County of Marin. SECTION 9. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED The geographic limits, in which the storage of compressed natural gas is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by the County of Marin. SECTION 10. ESTABLISHMENT OF THE GEOGRAPHIC LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED The geographic limits, in which the storage of hazardous materials is prohibited or limited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by the County of Marin. SECTION 11. AMENDMENTS MADE TO THE 2022 CALIFORNIA FIRE CODE AND 2021 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE. 6 The Tiburon Fire District Board hereby finds that local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the 2022 California Fire Code and the 2022 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in this Fire District. The Tiburon peninsula extends in a generally southeastern direction from the northern shore of the San Francisco Bay. It is approximately one to one-half miles in width and approximately four miles long. The district has a population of approximately 12,000 residents, but has a significant visitor population to each municipality, both local and state parks which can boost the population considerably higher depending on the time of year. With the given profile of the Tiburon Fire Protection District, the Board of Directors has established certain requirements which were developed to reduce the level of exposure to the citizens and guests of the District, as well as the property (investments) within the jurisdiction. Specifically, the Tiburon Fire Protection District Board finds that the following local conditions make more stringent standards a necessity: 1. Climatic a. Precipitation. The Weather patterns within the Tiburon Fire Protection District are considered to be moderately affected by the Pacific Ocean and the San Francisco Bay which extend a year-round growing season. Precipitation averages approximately 38 inches per year while the summer condition, with its prevalent Pacific High Cell, creates the morning and late afternoon fog normally associated with the San Francisco Bay. Little to no rain falls during the period of April through November. b. Relative Humidity. Humidity generally ranges from 51% during daytime to 86% at night. It drops to 20% during the summer months and can drop lower on occasion. c. Temperatures. Temperatures have been recorded as high as 98- degrees F. Average summer highs are in the 75-degree F to 80-degree F range. 7 d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5 – 15 mph range, gusting to 7.4 – 30 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can have a tremendous impact upon structure fires of buildings in close proximity to one another, commonly found in the Tiburon Fire Protection District. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts. 2. Geographic and Topographic a. Geography. The fire environment of a community is primarily a combination of two factors: (1) the area’s physical geographic characteristics and (2) the historic pattern of suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Tiburon Peninsula is geographically mixed with three classifications of rock: igneous, metamorphic and sedimentary. The outstanding material is volcanic in origin with a ridge of serpentine reaching in excess of 700 feet in elevation. Much of the District is characterized by precipitous hilly and steep areas where escape opportunities from residential structures are limited to one side of a home only. The uneven nature of the land often hinders, and sometimes prevents, the erecting of rescue ladders at the side of a home on a hillside parcel. The domestic water supply is located at the end of the Marin Municipal Water District's distribution system and consists of five levels of gravity systems of varying pressures and capacities. Improvements have been made to the Paradise Drive area, but areas still exist that do not provide adequate water pressure. 8 b. Seismic Location. Seismic activity within the District occurs annually with little to no damage, although real potential exists with the proximity of the peninsula to the San Andreas, Hayward and Rodgers Creek faults. c. Roads and Streets. Vehicular access within the District is affected by steep, hilly terrain and many secondary ridge lines. Many streets are narrow and winding, restricting the speed at which fire apparatus may safely respond and also increasing the time lapse between fire detection and apparatus arrival, during which a family will face the fire or other emergency on their own. Of the approximately 189 streets in the District, 143 are dead-end streets, restricting the ease of relocating fire and rescue equipment from one location to another, even though actual separating distance between the two places may be minimal. In addition to restricting access routes for fire apparatus, the dead-end streets also limit egress opportunities for residents. d. Topography. The District is accessible from the outside by only two primary thoroughfares and only one of those permits speed in excess of 25 miles per hour by virtue of the narrow and twisting configuration of Paradise Drive. This feature limits mutual aid companies responding from neighboring communities for a large-scale emergency to approach by only one realistic route, and from only one side of the District, as opposed to a non-peninsular area which would be approachable from many directions and roadways. The District’s service area is a conglomeration of bay plains, hills, valleys and ridges. Landslides have occurred on the Tiburon peninsula in recent years. While stabilization of hillsides can sometimes be achieved, heavy rainfalls have caused large failures. These slides have closed roadways, making accessibility to many locations in the District impossible until properly cleared. The natural rocky shoreline of San Francisco Bay creates a situation (particularly along Main Street and Paradise Drive) by which access to buildings can only be made via one street. The front of the buildings is essentially the only accessibility point for responding engine companies. Buildings constructed along the waterfront and some actually on piers over the Bay, create a situation where the presence of bay waters limits escape opportunities from both residential and commercial occupancies alike. Many of the nonconforming existing 9 structures on Main Street are built property line to property line with no provisions for required fire separations between the buildings. e. Vegetation. Tiburon Fire Protection District’s semi-arid Mediterranean-type climate produces vegetation similar to that of most of Marin County, with specific growth locale a result of topography and prevailing wind. The western ridge exposure is primarily rye grass with occasional clumps of bay and oak trees in the more sheltered pockets. The east facing slopes are heavily wooded from lower elevations to ridge with oak and bay trees and minor shrubs of the general chaparral class. Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view. A large percentage of the structures in the District have costly shingle or shake roofs. This very flammable material is susceptible to ignition by embers from a wildland fire, furthering the spread of fire to adjacent buildings. A large portion of the District is located adjacent to open space with high flashy fuels consisting of grasses and chaparral. Proliferation of sudden oak death syndrome has increased the dead fuel loads in the oak woodlands and bay forests which has significantly increased fire brand production and crown fire potential within the Wildland Urban Interface area. f. Summary. The above listed conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire District. The protection of life and property from fire is difficult due to limited access problems created by water, cliffs, steep slopes, and the lack of side yard setbacks, as well as the combustible structures and their roofs. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large percentage of dwellings in the Fire District have wood shingled roofs. The wood frame construction of older buildings, especially those in the commercial area, creates an adverse exposure problem, not only in being easily ignited by an adjacent structure fire, but also in contributing to the extension of fire to other buildings 10 through radiation, actual physical heat conduction and flying embers. Fire history in the District has shown flying embers will start secondary fires after being blown in the air and onto shake shingle roofs. Other variables may tend to intensify the situation: 1. The extent of damage to the water system; 2. The extent of isolation due to bridge and/or freeway overpass collapse; 3. The extent of roadway damage and/or amount of debris blocking the roadways; 4. Climatic conditions (hot, dry weather with high winds); 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shingle roof coverings could result in conflagrations. Conclusion: Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that the International Fire Code, California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions. Furthermore, California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the Tiburon Fire Protection District finds that the following table provides code sections that have been modified pursuant to Ordinance No. 129, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geographical, and topographical reasons. CA Fire Code Section Number Local followed by corresponding climatic, geological and topographical condition findings as set forth above: 11 Section Number: Local Climatic, Geographical and Topographical Conditions: Chapter 2 DEFINITION 202 1d, 1e, 2a, 2b, 2d, 2e, 2f Chapter 3 GENERAL REQUIREMENTS 302.1 2b, 2d, 2e 321.1 – 321.4 2b, 2d, 2e, 2g Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS 401.1.1 2c,2d,2e 401.3.2.1-403.2.2 2a,2b,2c,2d,2e 402.1 2a,2b,2c,2d,2e 403.1.1 2a,2b,2c,2d,2e 403.9.1.4 2a,2b,2c,2d,2e Chapter 5 FIRE SERVICE FEATURES 502.1 2a,2c,2d,2e,2f 503.1 2a,2c,2d,2e,2f 503.1.4 2a,2c,2d,2e,2f 503.1.5 2a,2c,2d,2e,2f 503.2.1 2a,2c,2d,2e,2f 503.2.6.1 2a,2c,2d,2e,2f 503.4 2a,2c,2d,2e,2f 503.4.2 2a,2c,2d,2e,2f 503.6.1 2a,2c,2d,2e,2f 503.6.2 2a,2c,2d,2e,2f 503.6.3 2a,2c,2d,2e,2f 507.5.1 2a,2c,2d,2e,2f 12 507.5.1.1 2a,2c,2d,2e,2f 507.5.7 2a,2c,2d,2e,2f 510.1 2a,2c,2d,2e,2f Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS 901.7 2a,2b,2c,2d,2e 902.1 2a,2b,2c,2d,2e 903.2 2a,2b,2c,2d,2e 903.2.1-903.2.4 2a,2b,2c,2d,2e 903.3.9 2a,2b,2c,2d,2e 903.6.1 2a,2b,2c,2d,2e 906.11 2a,2b,2c,2d,2e 907.2.13.1.2 2a,2b,2c,2d,2e 907.6.6 2a,2b,2c,2d,2e 907.8.5 2a,2b,2c,2d,2e 918 2a,2b,2c,2d,2e Chapter 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 1103.1 2a,2b,2c,2d,2e 1103.2 2a,2b,2c,2d,2e 1103.3 -1103.6.2 2a,2b,2c,2d,2e 1103.9 2a,2b,2c,2d,2e Chapter 12 ENERGY SYSTEMS 1201.4-1201.7 2a,2b,2c,2d,2e 1202.1 2a,2b,2c,2d,2e 1208 -1208.6 2a,2b,2c,2d,2e Chapter 26 FUMIGATION AND INSECTICIDAL FOGGING Chapter 26 2a,2b,2c,2d,2e Chapter 33 FIRE SAFETY UNDER CONSTRUCTION 3314.3- 3315.5 1c,1d,2a, 2b, 2c, 2d 13 Chapter 36 MARINAS 3603.6.1-3603.6.2 1c,1d,1e,2a,2b,2d,2e 3603.8 - 3603.9 1c,1d,1e,2a,2b,2d,2e Chapter 39 PLANT PROCESSING AND EXTRACTION FACILITIES 3901.1.1 2a,2b,2d,2e Chapter 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS 4902.1 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e 4903.2.1 - 4903.2.2 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e 4906.2 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e 4906.3 -4906.3.1. 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e 4906.4.2.1 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e 4907.2-4907.5 1a,1b,1c,1d,1e,2a,2b,2c,2d,2e Chapter 56 EXPLOSIVES AND FIREWORKS 5601.1.3 2a,2b,2c,2d,2e 5608.1.2-5608.2 2a,2b,2c,2d,2e Chapter 80 REFERENCE STANDARDS NFPA 1 Chapter 38 2a,2b,2c,2d,2e NFPA 13-22 § 29.4.1 2a,2b,2c,2d,2e NFPA 303-21 2a,2b,2c,2d,2e Appendix B 2a,2b,2c,2d,2e Appendix C 2a,2b,2c,2d,2e IWUI Appendix A 2a,2b,2c,2d,2e ACCORDINGLY, THE 2022 CALIFORNIA FIRE CODE IS AMENDED, ADDED OR DELETE AS IDENTIFIED HEREIN: 14 CHAPTER 1 SCOPE AND ADMINISTRATION Section 101.1 of Chapter 1 is amended to read as follows: Section 101.1 Title. These regulations and locally adopted standards shall be known as the Fire Code of the Tiburon Fire Protection District hereinafter referred to as “this code.” Section 102.5 of Chapter 1 is hereby amended to read as follows: Section 102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows: 1. Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, but not limited to, Section 903.2 and Chapter 12 shall apply. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall also apply 2. Administrative, operational and maintenance provisions of this code shall apply. Section 102.7.3 is hereby added to Chapter 1 and shall read as follows: Section 102.7.3 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this Code shall be Labeled and Listed, as defined in Section 202. Section 104.1.1 is hereby added to Chapter 1 and shall read as follows: Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards or Policies to carry out the application and intent of this code. 15 Section 104.13 is hereby added to Chapter 1 and shall read as follows: Section 104.13 Fire Prevention Resource Sharing. Other enforcement agencies shall have authority to render necessary assistance in plan review, inspection, code interpretation, enforcement, investigation and other fire prevention services when requested to do so. Section 105.5 of Chapter 1 is hereby amended by adding the following additional operational permits: 105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.5.55 Section 105.5.55 of Chapter 1 is hereby added to read as follows: 105.5.55 Local Operational Permits. In addition to the permits required by section 105.5, the following permits shall be obtained from the (Bureau of Fire prevention/Fire Prevention Division) prior to engaging in the following activities, operations, practices or functions: 1. Fire Protection Plan. An operational permit is required to implement a fire protection plan. 2. Radioactive material. An operational permit is required to store or handle at any installation more than 1 micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more that 1 millicurie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which specific license from the Nuclear Regulatory Commission is required. Section 105.6 of Chapter 1 is hereby amended by adding the following additional operational permits: Section 105.6 Required Construction Permits. The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.25 Section 105.6.25 of Chapter 1 is hereby added to read as follows: 16 Section 105.6.25 Local Construction Permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Tiburon Fire Prevention Division prior to installation of the following: 1. Exterior Wildfire Protection Systems. A construction permit is required for the installation of or design modification to an Exterior Wildfire Protection System as regulated by section 918. 2. Home Backup Generator. A construction permit is required for the installation of a home backup generator as regulated by section 1218. 3. Vegetation Management Plan. A construction permit is required to implement a vegetation management plan. Section 112.4 of Chapter 1 is hereby amended to read as follows: Section 112.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 112.4.2 of Chapter 1 is added to read as follows: Section 110.4.2 Abatement of clearance of brush or vegetative growth from structures. The executive body is authorized to instruct the Chief to give notice to the owner of the property upon which conditions regulated by section 304.1.2 of Chapter 3 and section 4907.1 of Chapter 17 49 exists to correct such conditions. If the owner fails to correct such conditions, the executive body is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists. Section 113.4 of Chapter 1 is hereby amended to read as follows: Section 113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $500 dollars or more than $1500 dollars. Section 115 of Chapter 1 is hereby added and shall read as follows: Section 115 DAMAGES AND EXPENSE RECOVERY Section 115.1 Damages and Expense Recovery. The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up. CHAPTER 2 DEFINITIONS Section 202 of Chapter 2 is hereby amended by adding the following general definition: ALL WEATHER SURFACE shall mean A/C paving, or concrete capable of supporting 70,000 gross vehicle weight. Grades up to and including 18% 18 may be of A/C paving. Grades greater than 18% shall be of concrete curf- cut so as to allow for water run-off and traction. Exception: Materials approved by the Fire Code Official. COVERINGS shall mean materials including, but not limited to gypsum board, paneling, floorboards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. ‘Coverings’ do not include carpet, linoleum, tile, wallpaper, or other decorative finishes. DRIVEWAY is a vehicular ingress/egress access route that serves no more than two dwelling units, not including accessory structures. Driveways shall provide a minimum unobstructed width 16 feet and a minimum unobstructed height of 15 feet. Driveways in excess of 150 feet in length shall be provided with turnarounds. Driveways in excess of 200 feet in length and less than 20 feet in width shall be provided with turnouts in addition to turnarounds. EXTERIOR WILDFIRE PROTECTION SYSTEM An approved system of devices and equipment which is automatically or manually activated to discharge water and or an approved fire-extinguishing agent onto the structure and or the exterior of the structure to hydrate the Immediate Zone 0 (0-5 feet from the home, including the home) and the Intermediate Zone 1 (5-30 feet from the home). HOME BACKUP GENERATOR. A permanent, fixed installation, internal combustion engine-driven device that provides temporary electrical power to a Group R-3 and R-4 Occupancies. OCCUPANCY CLASSIFICATION is modified to include: [BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following: 19 Agricultural crop production including cultivation, drying, processing and /or storage. PRE-PLANS shall mean detailed plans of target hazard buildings. These pre-plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency. PUBLIC STORAGE FACILITY shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. SPARK ARRESTOR shall mean a chimney device constructed in a skillful- like manner. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12- gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. SUBSTANTIAL REMODEL shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36-month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings. TARGET HAZARD is defined as a location or plausible scenario in which a fire department or fire district could quickly become overwhelmed and for which additional resources, now scarce, would be needed. 20 TEMPORARY shall mean any use for a period of less than 90 days, where not otherwise referenced. UNWARRANTED ALARM shall mean the giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists. CHAPTER 3 GENERAL REQUIREMENTS Section 302.1 in Chapter 3 is hereby amended to add the following: PUBLIC STORAGE FACILITY UNWARRANTED ALARM Section 319 of Chapter 3 is deleted in its entirety. Section 324 is hereby added to Chapter 3 and shall read as follows: Section 324 Public Storage Facilities Section 324.1 General. Public Storage Facilities shall comply with the provisions of this section. Section 324.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies. 21 Section 324.3 Fire Apparatus Access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503. Section 324.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management per Chapter 57 of this code. CHAPTER 4 EMERGENCY PLANNING AND PREPARDNESS Section 401.1.1 is hereby added to Chapter 4 and shall read as follows: Section 401.1.1 Hazardous Occupancies. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards or policies of the Tiburon Fire Protection District, that facility or business management shall be required to develop and implement an Emergency Response Plan, provide for an on-site Emergency Response Team, Emergency Liaison Officer, staff training and fire drills in accordance with Sections 405 and 406 and standards developed by the Tiburon Fire Protection District. Section 401.3.2.1 is hereby added to Chapter 4 and shall read as follows: Section 401.3.2.1 Unwarranted Alarm Notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification. Section 401.3.2.2 is added to read as follows: 22 Section 401.3.2.2 Multiple Unwarranted or Nuisance Alarm Activations. Any occupancy that has more than 3 unwarranted or nuisance alarms causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and or monitoring station as determined by the Fire Code Official. Section 402.1 of Chapter 4 is hereby amended to add the following: PRE-PLANS UNWARRANTED ALARMS TARGET HAZARDS Section 403.1.1 is hereby added to Chapter 4 and shall read as follows: Section 403.1.1 Pre-Plans: When required by the fire code official, pre- plans shall be developed for target hazard buildings according to the written standards developed by the authority having jurisdiction. Section 403.9.1.4 is hereby added to Chapter 4 and shall read as follows: Section 403.9.1.4 Emergency Preparedness for Hotels, Lodging and Congregate Houses. Hotels, lodging and congregate houses shall provide guests with immediate access to a telephone to report emergencies. The exit diagram shall indicate the location of the nearest telephone and instructions to dial 911. CHAPTER 5 FIRE SERVICE FEATURES Section 502.1 in Chapter 5 is hereby amended to add the following: DRIVEWAY Section 503.1. of Chapter 5 is hereby amended as follows: Section 503.1 Where Required. Fire Apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5. 23 Section 503.1.4 of Chapter 5 is hereby added to read as follows: Section 503.1.4 Undeveloped Areas. Fire Apparatus Access Roads, improved or unimproved, shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the Tiburon Fire Protection District so as to gain access to improved, unimproved, and undeveloped areas of the Tiburon Fire Protection District in a manner approved by the Fire Code Official. Any vehicle or other obstructions may be towed away at the owner's expense. Section 503.1.5 of Chapter 5 is hereby added to read as follows: Section 503.1.5 Aerial fire apparatus access. Buildings or facilities exceeding 30 feet or three stories in height, approved aerial apparatus access roads shall be provided. For the purposes of this section, the highest rood surface shall be determined by the measurement to the eave of the pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Section 503.1.5.1 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof. Section 503.1.5.2 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet and not more than 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. Section 503.1.5.3 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus access road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official. Section 503.2.1. of Chapter 5 is hereby amended as follows: 24 Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 15 feet (4572 mm). Section 503.2.6.1. is hereby added to Chapter 5 and shall read as follows: Section 503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of the fire department access roadway shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: ``The Manual for Bridge Evaluation,'' Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the fire code official or authorized designee. Section 503.4 of Chapter 5 is amended to read as follows: Section 503.4 obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in sections 503.2.1 and 503.2.2 shall be maintained at all times. Any vehicle or other obstruction may be towed away at the owner’s expense. Section 503.4.2 is hereby added to read as follows: Section 503.4.2 Prohibition on Vehicular Parking on Private Access ways. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fie Code Official may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire Department. It shall thereafter be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain in good condition, the form of notice 25 so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle. Section 503.6.1 is hereby added to Chapter 5 and shall read as follows: Section 503.6.1 Width. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet. Section 503.6.2 is hereby added to Chapter 5 and shall read as follows: Section 503.6.2 Electronic Gates. All electronic operated gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Chief in accordance with Standards/Policies adopted by the Fire Code Official. All electronic or motorized gates shall incorporate in their design the means for fast, effective manual operation of the gates in the event of power or mechanical failure (i.e., easily removable hinge pins for separating power linkage from gates; undercut, weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open. All electrical wiring and components of motorized gates shall be UL listed and installed in accordance with the National Electric Code. Section 503.6.3 is hereby added to Chapter 5 and shall read as follows: Section 503.6.3 Gate Setback Required. Gates shall be set back from roadways a minimum of 30 feet or more so as not to cause cross traffic to stop or create a hazardous traffic condition on the roadway approach to the driveway. Exception: The fire code official is authorized to modify the setback if fire apparatus access onto the property is not required to achieve 150-foot access to the most remote portion of the building per 503.1.1. Section 507.5.1 of Chapter 5 is hereby amended by deleting exceptions 1 and 2. 26 Section 507.5.1.1 of Chapter 5 is amended to read as follows: Section 507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 100 feet of the fire department connections, or as approved by the fire code official. Section 507.5.7 is hereby added to Chapter 5 and shall read as follows: Section 507.5.7 Fire Hydrant Upgrades. When additions or modifications to structures are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code Official, shall be upgraded to the minimum standard of one 4 1/2” outlet and one 2 1/2” outlet for single family dwellings and the minimum standard of one 4 1/2” outlet and two 2 1/2” outlets for commercial structures. Exception: 1) If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. 2) One and Two family dwellings equipped throughout with an approved automatic sprinkler system that includes protection of all closets and bathrooms. Section 510.1 of Chapter 5 is hereby amended by deleting Exception 1. CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS Section 901.7 of Chapter 9 is hereby amended by adding the following sentence: Section 901.7 Systems out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. This section shall also apply to residential fire sprinkler systems. 27 Section 902.1 in Chapter 9 is hereby amended to add the following: EXTERIOR WILDFIRE PROTECTION SYSTEMS Section 903.2 of Chapter 9 is repealed in its entirety (with the exception of sub-sections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14, 903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20, 903.2.21 which shall remain in effect). Section 903.2 of Chapter 9 is hereby added to read as follows: Section 903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this section 903.2.1 through 903.2.21. Section 903.2.1 through 903.2.4 of Chapter 9 are hereby added to read as follows: Section 903.2.1 Required installations. An automatic sprinkler system shall be installed and maintained in all newly constructed buildings or structures. Exceptions: 1. Detached pool houses, workshops, Group U private garages, barns and similar structures, built in conjunction with existing non- sprinklered single family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit. 2. Detached non-combustible, limited combustible, or fire-retardant treated wood canopies. 3. Group B or M occupancies less than 1000 square feet. 28 4. Detached restroom facilities associated with golf courses, ball fields, parks and similar uses as approved by the Fire Code Official. 5. Agricultural buildings as defined in Appendix C of the Building Code and not exceeding 2000 square feet, having clear unobstructed side yards free of combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet in height, located within an agricultural zoned district as defined in the Marin County Planning Code. Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be installed in all buildings in excess of 3,000 sq. ft. which have ten per cent (10%) or more floor area added within any 36-month period. Exception: R-3 occupancies. See 903.2.3. Section 903.2.2.1 Substantial Remodel. An automatic sprinkler system shall be installed in all buildings which have fifty per cent (50%) or more floor area added, or any “substantial remodel” as defined in this code, within any 36-month period. Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies and shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations. Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout. 29 Section 903.3.9 of Chapter 9 is hereby amended by replacing item 2 with the following: Section 903.3.9 Floor control valves. Floor control valves and waterflow detection assemblies shall be installed at each floor where any of the following occur: 1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access. 2. Buildings that are two or more stories in height. 3. Buildings that are two or more stories below the highest level of fire department vehicle access. Exception: Group R-3 and R-3.1 occupancies floor control valves and water flow detection assemblies shall not be required. Section 903.6.1 of Chapter 9 is hereby added and shall read as follows: Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers are required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building. Section 906.11 is hereby added to Chapter 9 and shall read as follows: Section 906.11 Fire Extinguisher Documentation. The owner and/or operator of every R Division 2 occupancies shall annually provide the Chief written documentation that fire extinguishers are installed and have been serviced as required by Title 19 California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas. Section 907.2.13.1.2 of Chapter 9 is hereby amended by adding new subsection 3 to read as follows: 3. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official. Section 907.6.6 is hereby amended to read as follows: 30 Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section. Exception: Monitoring by central station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.11. 2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3. 3. Automatic sprinkler systems in one- and two-family dwellings. Section 907.8.5 of Chapter 9 is hereby added and shall read as follows: Section 907.8.5 Smoke Alarm Documentation. The owner and/or operator of every Group R Division 1, Division 2, Division 3.1, and Division 4 Occupancies shall annually provide the Fire Code Official with written documentation that the smoke alarms installed pursuant to the Building Code have been tested and are operational. If alarms are found to be inoperable or are missing, such alarms shall be repaired or replaced immediately. Section 918 of Chapter 9 is hereby added and shall read as follows: SECTION 918 EXTERIOR WILDFIRE PROTECTION SYSTEMS Section 918.1 of Chapter 9 is hereby added and shall read as follows: Section 918.1 General. Exterior Wildfire Protection Systems shall comply with this section. Section 918.2 of Chapter 9 is hereby added and shall read as follows: Section 918.2 Construction documents. Documentation of the system shall be submitted per 901.2. Section 918.3 of Chapter 9 is hereby added and shall read as follows: 31 Section 918.3 Permits. Permits shall be required as set forth in section 901.3 CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS Sections 1103.2 Item #1 is deleted. Sections 1103.3 through 1103.6.2 are deleted. Sections 1103.9 is deleted. Sections 1104 and 1105 are deleted. CHAPTER 12 ENERGY SYSTEMS Section 1201.4 of Chapter 12 is hereby added and shall read as follows: Section 1201.4 Construction Documents. A scaled and dimensioned site plan showing the location of all energy systems, property lines, buildings, service and electrical panels, transfer switches, disconnects, underground wiring and piping, fuel type and piping, map placard and signage. Site Plan shall clearly designate property frontage for viewer orientation. Section 1201.5 of Chapter 12 is hereby added and shall read as follows: Section 1201.5 Signs and Labels. Caution signs or labels are required to identify the quantity and type of additional power source(s) located on site. Signs shall be required at the main service panel, and on disconnect equipment. Additional locations may be required by the fire code official. Section 1201.6 of Chapter 12 is hereby added and shall read as follows: 32 Section 1201.6 Disconnect. An approved and readily accessible independent and clearly labeled single exterior disconnect shall be located prior to any load/service panel and installed as close as possible to the main service panel or as approved by the fire code official. Integrated equipment toggle, rocker, or electronic switches shall not be utilized as an independent disconnects. Section 1201.7 of Chapter 12 is hereby added and shall read as follows: Section 1201.7 Operational Testing. New installations shall be tested for complete power and energy system shutdown. A normal power failure shall be simulated by closing the main service breaker supplying normal power to the building. Upon transfer from main power to alternate power source(s), the single disconnect(s) shall be used to disconnect alternate power from all alternate energy sources. A successful result of the shutdown test shall include termination of all alternate energy power sources serving the building (i.e. main service, photovoltaic system, energy storage systems, and generators, when installed). Section 1202.1 in Chapter 12 is hereby amended to add the following: HOME BACKUP GENERATOR Section 1208 of Chapter 12 is hereby added and shall read as follows: SECTION 1208 HOME BACKUP GENERATOR Section 1208.1 of Chapter 12 is hereby added and shall read as follows: Section 1208.1 General. The use, operation and maintenance of home backup generators in Group R-3 and R-4 occupancies shall comply with this section. Section 1208.2 of Chapter 12 is hereby added and shall read as follows: Section 1208.2 Use. Home backup generators shall be installed in accordance with the California Building Code, the California Electrical Code, NFPA 110. 33 Section 1208.3 of Chapter 12 is hereby added and shall read as follows: Section 1208.3 Permits. Permits shall be obtained for Home Backup Generators as set forth in Section 105. Section 1208.4 of Chapter 12 is hereby added and shall read as follows: Section 1208.4 Installation. Home backup generators shall be installed in accordance with the California Building Code, the California Electrical Code, NFPA 110. Section 1208.5 of Chapter 12 is hereby added and shall read as follows: Section 1208.5 Listing. Home backup generators shall be listed and labeled in accordance with UL 2200. Section 1208.6 of Chapter 12 is hereby added and shall read as follows: Section 1208.6 Maintenance. Home backup generators shall be operated and maintained in accordance with the manufacturer’s instructions. CHAPTER 26 FUMIGATION AND INCECTICIDAL FOGGING Chapter 26 is deleted in its entirety. CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION Section 3314.3 of Chapter 33 is amended by adding the following to the end of the exception: Exception: Standpipes shall be either temporary or permanent in nature, and with or without a water supply, provided that such standpipes comply with the requirements of Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official. 34 Section 3315.3 in Chapter 33 is added to read as follows: Section 3314.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding two stories in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. Section 3315.4 of Chapter 33 is added to read as follows: Section 3314.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished. Section 3315.5 of Chapter 33 is added to read as follows: Section 3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903. CHAPTER 36 MARINAS Section 3603.6.1 of Chapter 36 is added to read as follows: Section 3603.6.1 Width. A minimum width of 36" shall remain unobstructed on all docks serving more than two vessels. Section 3603.6.2 of Chapter 36 is added to read as follows: Section 3603.6.2 Storage. Storage on docks shall be approved by the fire code official. 35 Section 3603.8 of Chapter 36 is added to read as follows: Section 3603.8 Lighting. Electrical lighting shall be provided to ensure adequate illumination of all exterior areas, piers, and floats. Section 3603.9 of Chapter 36 is added to read as follows: Section 3603.9 When Required. The requirements in 3603.6.1 and 3603.6.2 and 3603.8 shall be applied retroactively to all marinas within six months of the adoption of this code. CHAPTER 39 PLANT PROCESSING AND EXTRATION FACILITIES Section 3901.1.1 OF Chapter 39 is added to read as follows: Section 3901.1.1 Marijuana growing, processing, or extraction facilities. Marijuana growing, processing and extraction facilities shall be designed and constructed in accordance with this chapter and NFPA 1, Chapter 38 as amended in Chapter 80. CHAPTER 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Section 4902.1 of Chapter 49 is amended to read as follows: FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for construction and development in areas designated as Wildland-Urban Interface (WUI), and/or Moderate, High, or Very High Fire Hazard Severity Zone. It describes ways to minimize and mitigate potential for loss from wildfire exposure. WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by the Tiburon Fire Protection District as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires as designated on the map titled Wildland-Urban Interface Fire Area, dated [XX,XX, XXXX].January 28, 2009. Section 4903.2.1 of Chapter 49 is amended to read as follows: 36 Section 4903.2.1.1 Preliminary fire protection plan. When a preliminary fire protection plan is submitted, it shall include, at a minimum, the following: 1) Total size of the project. 2) Information on the adjoining properties on all sides, including current land uses, and if known, existing structures and densities, planned construction, natural vegetation, environmental restoration plans, roads and parks. 3) A map with all project boundary lines, property lines, slope contour lines, proposed structure foundation footprints, and proposed roads and driveways. The map shall identify project fuel modification zones and method of identifying the fuel modification zone boundaries. 4) The map shall include all existing emergency water supplies. Section 4903.2.2 of Chapter 49 is amended to include the following: ADD 4903.2.1.2 1-6 and 7) Identify the location of fire protection systems or equipment. 8) Identify any power sources, meters, and shutdowns. Section 4906.2 of Chapter 49 is amended to read as follows: Section 4906.2 Application. Buildings and structures located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall maintain the required hazardous vegetation and fuel management per Sections 4906.3 through 4906.5.3. Section 4906.3 of Chapter 49 is amended to read as follows: Section 4906.3 Vegetation Management Plan. A Vegetation Management plan shall be required for new construction, substantial remodels, and landscape modifications including new plantings, modifications to existing plantings, and/or excavation. Section 4906.3.1 of Chapter 49 is deleted in its entirety. 37 Section 4906.4.2.1 of Chapter 49 is amended to read as follows: Section 4906.4.2.1 Tree Planting. New trees classified as fire- resistant vegetation shall be permitted provided the tree is planted and maintained so that the tree’s drip line at maturity is a minimum 30 feet (9144 mm) from any combustible structure. Section 4907.2 of Chapter 49 is amended to read as follows: Section 4907.2 Application. Buildings and structures located in any Fire Hazard Severity Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing agency shall maintain the required hazardous vegetation and fuel management: Section 4907.4 of Chapter 49 is hereby added and shall read as follows: Section 4907.4 Fire Hazard Reduction. Any person who owns, leases, controls or maintains any building or structure, vacant lands, open space, and/or lands within specific Wildland Urban Interface areas of the jurisdiction of the (Jurisdiction/District), shall comply with the following: 1. Cut and remove all hazardous vegetation and ground coverings within 100 feet of structures, up to 200 feet when topographic or combustible vegetative types necessitate removal as determined by the Fire Code Official. 2. Remove accumulated dead vegetation on the property. 3. Cut and remove tree limbs that overhang wood decks and roofs. 4. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe, roof surfaces and roof gutters 5. Clean any leaves and needles from roof and gutters. 38 6. Cut and remove growth less than 3-inches in diameter, from the ground up to a height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree’s total height. 7. Ladder fuels shall be removed within 30 feet of the structure. 8. When required by the Fire Code Official, cut and remove trees that are 6" of diameter or less at breast height, or four feet, six inches above ground, to achieve canopy separation within 30 feet of the structure. 9. Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2021 International Wildland-Urban Interface Code, as amended by the Tiburon Fire Protection District. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. EXCEPTION 2: When approved by the Fire Code Official, grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize soil and prevent erosion. Section 4907.5 of Chapter 49 is hereby added and shall read as follows: Section 4907.5 Fire Hazard Reduction from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, fire apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Corrective action, if necessary, shall be the same as the actions required in section 4907.4. 39 The Fire Code Official is authorized to enter upon private property to carry out this work. EXCEPTION 1: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure CHAPTER 56 EXPLOSIVES AND FIREWORKS Section 5601.1.3 of Chapter 56 Exceptions 1, 2, and 4 are hereby deleted. Section 5608.1.2 of Chapter is added to read as follows: Section 5608.1.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to the performance of any firework display. Application for such approval shall be made in writing no less than twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee. Section 5608.2 of Chapter 56 is added to read as follows: Section 5608.2 Limitations. Possession, storage, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits established by law as the limits of the districts in which such possession, storage, offer or exposure for sale, retail sale, gifting, use, explosion, discharge, or disposal of fireworks is prohibited in any area as established by applicable land-use and zoning standards. Exception: Firework displays authorized pursuant to section 5608.1 for which a permit has been issued. 40 CHAPTER 80 REFFERENCED STANDARDS California Fire Code, Chapter 80 is amended as follows: NFPA.13-25.5.1 Revise Section 25.5.1 as follows: 25.5.1 The installing contractor shall identify a hydraulically designed sprinkler system with permanently raised, stamped or etched marked weatherproof metal or ridged plastic sign secured with corrosion resistant wire, chain, or other approved means. Such signs shall be placed at the alarm valve, dry pipe valve, preaction valve, or deluge valve supplying the corresponding hydraulically designed area. Pipe schedule systems shall be provided with a sign indicating that the system was designed and installed as a pipe schedule system and the hazard classification(s) included in the design. NFPA 303-21: Fire Protection Standard for Marinas and Boatyards APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS California Fire Code, Appendix B Table B105.1(1) is amended to read as follows: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES FIRE-FLOW CALCULATION AREA (square feet) AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) 0-3,600 No automatic sprinkler system 1,500 2 41 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) at The required fire- flow rate 0-3,600 Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code 1,500 2 3,601 and greater Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code ½ value in Table B105.1(2)a Duration in Table B105.1(2) at The required fire- flow rate For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute. Appendix B Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE- FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table Duration in Table B105.1(2) at the reduced flow rate 42 B105.1(2)a For SI: 1 gallon per minute = 3.785 L/m. a. The reduced fire-flow shall be not less than 1,500 gallons per minute. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION Section C103.1 of Appendix C is amended to read as follows: Section C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be approved by the fire code official. Section C103.2 of Appendix C is deleted. Section C103.3 of Appendix C is deleted. INTERNATIONAL WILDLAND-URBAN INTERFACE APPENDIX A Section A104.7.2 of Appendix A of the International Wildland-Urban Interface Code is amended to read as follows: Section A104.7.2 Permits. The Fire Code Official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Code Official. Section A104.11 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.11 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous fire areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause a fire shall not be fired or projected into or across hazardous fire areas. 43 Section A104.12 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.12 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas except by permit from the Fire Code Official. Section A104.12 of Appendix A of the International Wildland-Urban Interface Code is hereby added and shall read as follows: Section A104.12 APAIRIES. Lighted or smoldering material shall not be used in connection with smoking bees in or upon hazardous fire areas except by permit from the Fire Code Official. The following table provides code sections that have been modified pursuant to this Ordinance, due to local climatic, geological and topographical reasons. CA Fire Code Section Number Local followed by corresponding climatic, geological and topographical condition findings as set forth above: SECTION 12. AUTHORITY TO ARREST AND ISSUE CITATIONS (a) The Fire Chief and Fire Marshal shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. (b) It is the intent of the Board of Directors of the Tiburon Fire Protection District that the immunities provided in Penal Code Section 836.5 be applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. SECTION 13. PENALTIES 44 (a) The violations of the Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein. (b) If a criminal citation is issued, penalties shall be per Section 109 of the California Fire Code and, 109.3, or 111.4 of Section 11 of this ordinance. If an administrative citation is issued, the penalties are as follows: (c) The first citation, within a 12-month period, for violations of the Fire Code and any amendments adopted herein shall be treated as a Civil Penalty payable directly to the Tiburon Fire Protection District and is set at $150 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Tiburon Fire Protection District. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided in Section 14. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Tiburon Fire Protection District for such civil penalty and costs of the litigation, including reasonable attorney’s fees. (d) Any subsequent citations within a twelve (12) month period for any violations of the Fire Code and any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the penalties set forth herein. (e) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions. (f) Nothing contained in Subsections (a) through (f) of this Section shall be construed or interpreted to prevent the Tiburon Fire Protection District from recovering all costs associated with a Tiburon Fire Protection District response as described in Section 104.12 of the 2022 International Fire Code as amended. (g) Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Tiburon Fire Protection District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the 45 County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Tiburon Fire Protection District intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief’s decision to the Board of Directors of the Tiburon Fire Protection District Tiburon Fire Protection District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Tiburon Fire Protection District authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney’s fees. The provisions of this section shall also apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in section 109.3.2. SECTION 14. APPEALS (a) Any person receiving a citation for a civil penalty pursuant to Subsection (b) of Section 13 or a bill for Tiburon Fire Protection District response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days’ advance written notice of the time and place of the hearing. Within ten (10) days after the hearing the Chief shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the hearing officer. (b) Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the Tiburon Fire 46 Protection District within 10 days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in various sections of this Code, or to matters for which an appeal is provided pursuant to Section 14 (a) above. SECTION 15. FORMER ORDINANCES All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. SECTION 16. VALIDITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The Board of Directors of the Tiburon Fire Protection District hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. SECTION 17. ORDINANCE PUBLICATION AND EFFECTIVE DATE A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the Tiburon Fire Protection District Clerk at least five (5) days prior to the Board of Directors meeting at which it is adopted. This Ordinance shall be in full force and effective thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Board of Directors voting for or against same, in the Independent Journal, a newspaper of general circulation in the County of Marin, State of California. 48 _____________________________________ President of the Board of Directors Attest: ______________________________________ Tiburon Fire Protection District, Clerk Tiburon Town Council October 19, 2022 PH-1: Fire & Building Codes Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Shiriel King Abramson To:Jon Welner; Holli Thier; Noah Griffin; Alice Fredericks; Jack Ryan Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:Adopt model reach codes for climate -- for meeting Wednesday 10/19 Date:Monday, October 17, 2022 10:08:25 AM Some people who received this message don't often get email from skingabramson@gmail.com.Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Council, I'm writing to ask you to please adopt the three model reach codes related to greenhouse gas emissions from transportations and buildings before the end of the year so that they can go into effect in early 2023. Please also provide the public an opportunity to support these reach codes by adding a discussion of them to an upcoming Council meeting agenda. These model reach codes would ensure newly constructed buildings will be all-electric and free of unhealthy, GHG emitting natural gas, provide incentives to homeowners through a point and target system to make major renovations of one and two family homes energy efficient and electric, and set higher requirements for installing EV charging infrastructure for new single and multi-family residences and upgrading electrical service panels in renovations, respectively. These changes would be huge in helping Marin meet its emissions reduction targets and improving the well-being of our community. Through model reach codes like these, Marin’s towns and cities can take rapid action on climate without waiting for state and regional actions. Over an eight-month period Marin County’s Sustainability Team developed these model reach codes in collaboration with Planning and Building officials of all eleven Marin towns and cities as well as participation and input by community stakeholders representing the developer, construction, environmental, affordable housing, and West Marin sectors. Each of the reach codes reflects lessons learned by scores of other California jurisdictions, including Fairfax and San Anselmo in developing their own similar reach codes. Please be a climate champion and make this happen––for the sake of my generation and that of my future children! Best, Shiriel From:Sanna Thomas To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:Consideration of 3 Model Reach Codes for Electrifying Buildings and Transportation. Date:Thursday, October 13, 2022 4:51:47 PM Attachments:Three Model Reach Codes for Electrification of Buildings and Transportation.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier, As always, thank you so much for your very timely and bold climate leadership as demonstrated by your unanimous and enthusiastic embrace of our new Climate Action Plan(CAP). You have been a terrific example to other local leaders across the County! Building on the strong CAP that you all approved at your Sept 21st meeting, we now have anopportunity to take some of our first concrete steps to get it implemented!! What I am referring to are the three model reach codes created by Marin County's Sustainability Team that robustly address greenhouse gas (GHG) emissions from the two topdrivers of climate change here and around the country: transportation and buildings. As you know, Tiburon's new CAP endorses adoption of such codes both in the strategy sectionentitled Renewable Energy and Electrification and in the strategy section entitled Energy Efficiency and Green Building. As background, the County’s Sustainability Team crafted these model reach codes over an eight-month period in collaboration with Planning and Building officials of all eleven Marin towns and cities. That process also featured input from key community stakeholder groups, including real estate and affordable housing developers, construction professionals, and environmental activists. I believe that Dina Tasini designated Doug Haight as Tiburon's representative to this group. Each of the model reach codes reflects lessons learned by many other California jurisdictions in the development of their own reach codes, including Fairfax and San Anselmo, The result is a well-crafted package of three model reach codes, written in ready-to-adopt language, that support accelerated adoption of EVs and reduction of building emissions and energy use. The model reach codes offer a rare chance for our community to take meaningful and rapid action on climate without waiting for state and regional actions. They would allow Tiburon, and other jurisdictions in Marin County, to achieve their stated climate goals by addressing our two main sources of greenhouse gas emissions --- as I mentioned above, transportation (~52%) and buildings (~34%). Their adoption would also be in keeping with the June 6th report from Marin County's Civil Grand Jury on building electrification. Attached below is a short write-up of the 3 model reach codes, as well as links to additional information about them. In brief, their focus is as follows: First Model Reach Code: ensures newly constructed buildings will be all-electric and free of unhealthy, GHG emitting natural gas Second Model Reach Code: provides incentives to homeowners through a point and target system to make major renovations of one and two family homes energy efficient and electric Third Model Reach Code: sets higher requirements for installing EV charginginfrastructure for new single and multi-family residences and upgrading electricalservice panels in renovations. I hope you will find the attached material useful. And very importantly, I urge you to take these steps as soon as possible: adopt the three model reach codes collaboratively developed by the County's Sustainability Team before the end of the year so that they can go into effect in early 2023, or provide the public an opportunity to support these reach codes by adding a discussion of them to an upcoming Tiburon Town Council meeting agenda. Thank you! Sincerely, Sanna Thomas Co-Founder, Tiburon Climate Action Committee -- Sanna Randolph Thomas, Ed.D 415-497-3192 (cell) From:Al Grumet To:Lea Dilena Cc:Marilyn Price Subject:Letter in support of green building model reach codes Date:Monday, October 10, 2022 2:44:36 PM Attachments:Advocacy letter for model reach codes _ Tiburon.pdf You don't often get email from al.grumet@gmail.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Council -- attached please find our letter in support of the model reach codes created by Marin County’s Sustainability Team. On behalf of our 250+ members, we urge you to provide the community with the opportunity to support these reach codes by adding a discussion of them to an upcoming Tiburon Town Council meeting agenda. Thank you for your consideration. regards, Al Grumet and Marilyn Price Co-Chairs Sustainable Mill Valley TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Receive Update on American Rescue Plan Act Program and Discuss Possible Future Expenditures of the Towns $2.173M Allocation Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will receive from staff an update on the American Rescue Plan, review expenditures already approved from the towns $2.173M allocation and discuss the process for future expenditures from the Town’s allocation. RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the staff presentation on this item, discuss the matter and provide direction to staff with regards to planning future expenditures from the Town’s allocation. BACKGROUND Program Overview and Allocation Information The American Rescue Plan Act (ARP) provides for $350 billion in State and Local Fiscal Recovery Funds (SLFRF) to respond to the COVID-19 public health emergency, or its negative economic impacts. Per the ARP, every City and Town in the country will receive an allocation from SLFRF based on population. Tiburon’s allocation was set at $2,173,086. Program Timelines The Town may use SLFRF funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred by December 31, 2024 are expended by December 31, 2026. Eligible Uses of Funds Recipients may use SLFRF award funds for a variety of uses including: 1. Public Health/Negative Economic Impacts: Recipients may use SLFRF award funds to provide assistance to households – such as rent, mortgage, or utility assistance – for costs incurred by the household prior to March 3, 2021, provided that the recipient State, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 19, 2022 Agenda Item: DI-1 Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 2 OF 4 territorial, local or Tribal government did not incur the cost of providing such assistance prior to March 3, 2021. 2. Premium Pay: Recipients may provide premium pay retrospectively for work performed at any time since the start of the COVID-19 public health emergency. Such premium pay must be “in addition to” wages and remuneration already received and the obligation to provide such pay must not have been incurred by the recipient prior to March 3, 2021. 3. Revenue Loss: Treasury’s Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue. The final rule also offers a standard allowance for revenue loss of up to $10 million, not to exceed a recipient’s SLFRF award amount, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount for government services. However, use of funds for government services must be forward looking for costs incurred by the recipient after March 3, 2021. 4. Investments in Water, Sewer, and Broadband: Recipients may use SLFRF award funds to make necessary investments in water, sewer, and broadband. Recipients may use SLFRF award funds to cover costs incurred for eligible projects planned or started prior to March 3, 2021, provided that the project costs covered by the SLFRF award funds were incurred after March 3, 2021. Revenue Loss (Category 3 above) As noted above, under the DOT Final Rule, recipients may choose a standard allowance for revenue loss of up to $10 million. As Tiburon’s allocation of $2.17M is far below that amount, all of our SLFRF allocation falls into the Revenue Loss category. This is important, as noted above, SLFRF that fall into Category 3 (Revenue Loss) provide recipients with the most flexibility with regards to how they can be used, as recipients may use Revenue Loss funds for the provision of “government services”. The term “government services” includes very broad and flexible uses of revenue recoupment funds outside the standard eligibility requirements outlined in the other categories (1,2 and 4) listed above. For example, government services can include, but are not limited to, maintenance or pay-go funded building of infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services. In summary, because all of Tiburon’s SLFRF allocation falls into the ‘Revenue Loss’ category, Council has maximum flexibility on how the funds can be spent. Prior Council Authorization of SLFRF Expenditures The Town’s SLFRF allocation is $2,173,086, however, prior to today’s meeting, Council has authorized the following expenditures from SLFRF. Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 3 OF 4 • Completion of a Broadband Strategic Plan- $93,450 • Contribution to The Ranch- $54,880 • Contribution to County led homelessness initiative- $40,270 • Subsidy to support a Pilot Late Night Ferry Program capped at $298,000 • Contributions to the Tiburon Peninsula Chamber of Commerce and Destination Tiburon totaling $103,736 The amount of SLFRF committed by Council totals $590,336. This would leave a balance of $1,582,750 in unexpended SLFRF. ANALYSIS Council has had several discussions regarding potential uses for ARP funds. There are many areas Council could allocate ARP funding to. The following 4 topics are notable ones Council has discussed with regards to ARP funding: Richardson Bay Sanitary District (RBSD) Property Acquisition The Town is working towards acquiring a portion of the RBSD property. Total estimated project cost is $750,000 - $1,000,000. Broadband Network Development After receiving the Broadband Strategic Plan developed by Magellan Advisers in June, Council directed staff to seek proposals for 2 separate scopes of work: 1. Design/Engineering services to develop plans and specifications for installing fiberoptic cable along Tiburon Boulevard as proposed as Phase 1 in the Broadband Strategic Plan. Staff developed and released an RFP for these services in late August and received no proposals. After reaching out directly to a number of firms, staff now has 1 proposal and is hoping to receive 1-2 more in the next week. Staff estimates the cost of this work at $75,000-100,000. 2. Consulting Services to assist the Town in identifying and assessing potential Internet Service Providers. Staff continues to seek options for this work and estimates the cost at $35,000-40,000. In addition to the work on soliciting proposals, staff is also developing a grant application for the CA Local Agency Technical Assistance Grant Program to fund the work described above. Grant applications are accepted on a monthly schedule, and staff anticipates the Towns application will be submitted in October. Sea Level Rise Planning Council has not discussed any specific action on this matter, although several areas of concern have been raised including: • Areas of downtown that have been identified as vulnerable through work the City of Belvedere has completed. • Flooding in the Bel Aire section of Tiburon • Intermittent flooding at the intersection of Beach Road and Tiburon Boulevard. Downtown Improvements Council has discussed ideas for downtown improvements on a number of occasions Town Council Meeting October 19, 2022 TOWN OF TIBURON PAGE 4 OF 4 • Traffic flow analysis • Benches, tables, trash can, planters and bike racks • Infrastructure improvements (sidewalks, lighting, signage) FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town as a result of discussing this item. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the staff presentation on this item, discuss the matter and provide direction to staff with regards to planning future expenditures from the Town’s allocation. Prepared By: Greg Chanis, Town Manager