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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Legislative Review Committee
Dept:
CITY COUNCIL
Subject: Ordinances amending Chapter IS, 10 relating to
Foothill Fire Zone Building Standards and adding
Chapter 15.11 of the San Bernardino Municipal Code to
include the Building Safety Enhancement Area Building
Standards.
Date:
December 3~. (0)3 ~D Y
D. 'u' ,.
. " .
; "
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Synopsis of Previous Council Action:
12-01-03:
Mayor and Common Council referred this matter back to the Legislative Review committee
and continued this item until the meeting of December 15,2003.
12-15-03:
Mayor and Common Council tabled this item. Mayor created an Ad Hoc Committee
composed of Council members, Planning Commissioners and City Staff to address this issue
and report its recommendations to the Legislative Review Committee.
Recommended motion:
A. Urgency Ordinance of the City of San Bernardino amending Chapter 15.10 relating to Foothill Fire
Zone Building Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to include
the Building Safety Enhancement Area Building Standards. URGENCY
MOTION:
That said urgency ordinance be adopted.
B. Ordinance of the City of San Bernardino amending Chapter 15.10 relating to Foothill Fire Zone
Building Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to include the
Building Safety Enhancement Area Building Standards. FIRST READING
MOTION:
That said ordinance be laid over for final adoption.
/~~
Contact person: Susan Lien-Longville
Phone:
5188
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No.
II!; 10'1
I S-<
O~tJ *rnc.- ,'''z
STAFF REPORT
SUBJECT
Urgency Ordinance and regular Ordinance of the City of San Bernardino amending
Chapter 15.10 of the San Bernardino Municipal Code relating to Foothill Fire Zone
Building Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to
include the Building Safety Enhancement Area Building Standards.
BACKGROUND
The California Fire Chiefs Association Urban-Wildland Interface Committee has
analyzed contributing factors associated with structure loss during the Old Fire.
Subsequently, they held a series of meetings to develop recommended construction
changes in our foothill area (attachment A). The primary purpose of these changes is to
reduce the potential for future conflagration with these built-in construction features.
The Mayor appointed an Ad Hoc committee to discuss the proposed ordinance and
submit recommendations to the Legislative Review Committee (LRe). On December 29,
2003, the Ad Hoc committee recommended that the draft Urgency Ordinance and regular
Ordinance be presented to the LRC for approval. On December 30, 2003, the Fire
Department presented a draft Urgency Ordinance and draft regular Ordinance to the LRC
requesting authorization to amend the existing Foothill Fire Zone Building Standards of
the San Bernardino Municipal Code and to add the Building Safety Enhancement Area
Building Standards. The Committee recommended that the Urgency Ordinance and
regular Ordinance be presented for adoption at the January 5, 2004 Council meeting.
Amending Chapter 15.10 of the San Bernardino Municipal Code will implement a
number of minor changes recommended by the Urban-Wildland Interface Committee.
Adopting Chapter 15.11 of the San Bernardino Municipal Code will provide a procedure
for the Council, by resolution, to designate certain areas as Building Safety Enhancement
Areas subject to specific building standards that will help mitigate the threat of future
conflagration.
The following is a summary of proposed building requirements detailed in Chapter
15.11:
. Exterior walls are to be constructed of non-combustible materials or a minimum of 1-
hour fire-resistance-rated construction.
. Eaves are to be enclosed with a minimum 7/S-inch stucco or equivalent.
. Vinyl window frame assemblies would be required to meet certain specifications.
. Garage doors are to be constructed of non-combustible materials or fire- retardant
treated wood.
. Attic vents must be covered with liS" mesh screening; additionally, turbine type
vents would not be permitted.
1
. Type of insulation and roof covering would also be regulated.
. When wood fencing is used, there must be a five-foot separation distance between the
wall of the nearest structure and the wood fence. Fencing within the five-foot
separation area is to be non-combustible material or I-hour fire-resistance-rated
construction. Except where construction occurred pursuant to a previous Code.
Most of these new requirements are currently found in the Foothill Fire Zone Building
Standards. Homes constructed with these built-in protections sustained much less
damage, if any, during the Old Fire.
A strike out version of the ordinance is attached for your review.
FINANCIAL IMPACT
There is no financial impact to the City of San Bernardino.
RECOMMENDATION
That said ordinance be adopted.
2
PlIlnl OvelllrHl-Murphy
PresIdent
L.... IlIaul
,. Vice PtNIdont
I<ar/Il V.udr.ul
:t" ve. PrNkJ.nt
Kevin Scoll
rre...,fIf
Jim DeLeon
SICfIIMy
Ken Quick
DIrKIw of Operations
Scoll Corrin
WI_lOr
Tam Oakla
Judga AdvrJcMa
PhIl Garcia
CFCA U.lsan Cilia,
California Fire Chiefs Association
Fire Prevention Officers Section . Southern Division
10808 Foothill Blvd PMB 451 . Rancho Cucamonga. CA 91730
hUp:/Iwww.S0C8fpo.org .
DATE:
November 14, 2003
TO:
Larry Pitzer, Fire Chief
Doug Dupree, Fire Marshal
City of San Bernardino Fire Department
FROM:
Urban-Wildland Interface Committee
SUBJECT:
Old Fire, October 25 - November 5, 2003
During the recent "Southern California Wildfire Siege", all areas of
Southern California felt the impact of the fires, with the City of San
Bernardino receiving one of the most significant blows.
The wind-driven "Old" Fire began on the morning of Saturday, October'
25,2003, and proceeded to bum over 91,000 acres and destroyed or
damaged 1038 structures before being contained on November 5." 336
homes were lost or damaged within the boundaries of San Bernardino - the
majority of which were located in the north Del Rosa area.
The Urban- Wildland Interface Committee is extremely saddened to see
the havoc wreaked by the Old Fire on your city. The losses to private and
public properties are enormous, and will have many long- as well as short-
term effects. As devastating as the fire was, however, it also provides us
an opportunity to observe and learn from what worleed and didn't warle in
the neighborhoods and areas that experienced the high structure losses.
We appreciate the opportunity to worlc with you in surveying and
inspecting the damaged areas, and for your support in providing maps and
damage data for your city. The attached report offindings,contributing
factors and corresponding recommendations are based upon this work.
Prepared by:
4~kf~
Rolland M. Crawford .
Co-Chair
Urban-Wildland Interface
Committee
fl~~
Leonard Temby
Committee Member
Urban-Wildland Interface
Committee
Attachment
A
l'
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INITIAL REPORT OF FINDINGS AND RECOMMENDATIONS
For the
DISASTER WITHIN THE CITY OF SAN BERNARDINO
CAUSED BY THE EFFECTS OF THE OLD FIRE, 2003
Introduction
The "Old" Fire (taken from "Old Waterman") began on the morning of Saturday, October 25,
2003, and proceeded to burn a total of91,28I acres and destroyed or damaged 1038 structures
before being 100% contained on November 5 (993 homes destroyed, 35 homes damaged, 10
commercial structures destroyed). 336 structures were lost or damaged within San Bernardino -
the majority of which were located in the north Del Rosa area. Fire response costs to date
exceed $42,500,000.
Members of the UWl Committee, principally the authors of this document, have made several
surveys of the affected areas, conducted interviews with residents and respondin~ firefighters,
along with analysis of fire loss maps and loss/damage data and photographs takeh during the
initial attack phase of the fire. We have performed inspections of individual properties that were
either not damaged, or minimally damaged, while numerous surrounding structures were .
destroyed or severely damaged. The following findings and corresponding recommendations are
based upon this work.
Findings
1. Wind-driven fire. The fire front that entered the Del Rosa area has been described as
"like a wave of flame coming down off the hills" onto the structures situated at the
north end of Quail Canyon Road. The winds driving the fire have also been described
as very erratic, changing direction and intensity on a frequent basis. In some
instances, structures at the true wildland fuels interface area were hit with direct flame
impingement, while others were subjected to considerable amounts of wind-carried
burning debris.
2. Transmission of fire. . The fire that swept ~own off the foothills into the built-up areas
was propagated to structures by a combination of factors. These included direct
flame impingement, ignition of trees allowed too close to structures (~.g., limbs
overhanging roofs and eaves), tree-to-tree flame propagation, flying brands and
embers, structure-to-structure flame spread (due to proximity of exterior walls,
radiant heat transfer), ignition of combustible fencing and auxiliary structures,
ignition of ornamental landscape vegetation (with propagation into structures when
planted too close to the structure). Large quantities of flying embers and brands were
generated; in many cases these carried considerable distances - a very significant
factor.
3. Structure losses. The fire experience in San Bernardino was a combination of a true
interface fire plus an urban conflagration. This was due to a) Direct flame
impingement, b) Burning ember intrusion into attic spaces, usually via vents, c)
Entrapment of burning materials under roof assemblies.
'I
A
.
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Major Contributing Factors
· Structure ignition caused by wind-blown firebrands and embers landing in or under
roofing materials, or through entry into attic spaces through vents or other means.
Vent placement appears to be a primary concern (i.e., where placed on the structure in
relationship to wildland areas). Another concern is the entry ofbuming embers into
attics through rooftop-mounted turbine vents.
· Ornamental landscape vegetation providing a ready path for flame propagation into
structures, and/or causing production of significant of flying embers !U1d brands.
· Ignition of combustible materials in and around yards, such as wooden fences,
overgrown vegetation, storage, woodpiles, etc. These materials often provided a
source of ignition to the adjacent home.
· Extremely restricted roadway access in certain areas, especially in and around Quail
Canyon.
· Structure-to-structure fire propagation caused by direct flame impingement or radiant
heat due to close proximity of houses.
Recommendations
1. Increase the boundaries of the designated Hazardous Fire Area (Foothill Fire Zone),
and implement an additional buffer or threat zone further south into the existing built-
up neighborhoods and areas.
2. Consider adoption of the International Urban-Wildland Interface Code, or at least
certain key provisions, as a minimum. For example, see Chapters 4, 5, 6, and
Appendices B and F, included in Attachment I.
3. Limit vegetative fuels. As part of the Building Permit process for new developments
or projects, require submittal of a landscaping plan, specifically considering species
selection, plant placement (in relationship to structures and other plants), and on-
going maintenance. Prepare guidelines for use by new and existing h~meowners and
landscape designers, especially noting plant species that should not b~ used due to
their readily ignitable nature (high oil or resin content, production of ~ignificant
amounts of dead material or debris, etc.), plant placement in relation io other
landscaping materials and residential structures, and on-going landscape maintenance
considerations.
4. Establish interface fuel modification zones. Implementation of a fuel: break along the
north perimeter of the built-up area, adjacent to the vegetated wildland areas.
,
S. Adopt additional building design and construction standards specifically regulating
placement of attic vents on the side(s) away from the wildland area, provide adequate
stopping for open ends of roof covering materials (e.g., "bird stops" at the open ends
of roofing tiles). For example, see text included in Attachment 2.
.1
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO:
Mayor and Common Council
FROM:
Henry Empeiio Jr., Sr. Deputy City Attorney
DATE:
January 5, 2004
RE:
Agenda Item No. S-I, January 5, 2004 Council Meeting
Urgency Ordinance and Regular Ordinance amending Chapter 15.10 relating
to Foothill Fire Zone Building Standards and adding Chapter 15.11 ofthe San
Bernardino Municipal Code to include the Building Safety Enhancement Area
Building Standards.
Attached please find replacement pages of the Urgency Ordinance and the Regular
Ordinance. There are only two changes from the version previously distributed:
I. The title to the Urgency Ordinance was revised to add "AND DECLARING THE
URGENCY THEREOF" at the end of the title.
2. On both the Urgency Ordinance and the Regular Ordinance, on page 4, Section
15.11.080 (H) Fences, was revised to read as follows:
"Where wood or vinyl fencing is used, there shall be a minimum of 5' separation
between the wood or vinyl fencing and the wall of the nearest structure except on
those properties where previous construction occurred pursuant to a previous Code.
Fencing within the 5' separation area shall be of non-combustible material or I-hour
fire-resistance-rated construction." [addition in bold]
H:;;,,^~
Sr. Deputy City Attorney
cc: James F. Penman, City Attorney
Fire Chief Larry Pitzer
Fire Marshal Doug Dupree
Agenda Item No. S-I
January 5, 2004
HE/cj[UrgencyOrdinance.Mem 1
II
1
ORDING@~'\f
2 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
15.10 RELATING TO FOOTHILL FIRE ZONE BUILDING STANDARDS AND ADDING
3 CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS AND
4 DECLARING THE URGENCY THEREOF.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 15.10 of the San Bernardino Municipal Code is hereby amended to read as
7 follows:
8 Chapter 15.10
9 Foothill Fire Zone Building Standards
10 Sections:
15.10.020
11 15.10.040
15.10.060
12 15.10.080
Purpose.
Scope.
Applicability.
Foothill Fire Zone Building Standards.
13 15.10.20 Purpose.
14 The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
injury, death, or property damage that may result from wildland fires in the foothill areas of the City.
15 The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise
reduce the spread of fire on developed properties, by controlling the use of materials and methods
16 of construction. (Ord. MC-960, 3-4-96)
17 15.10.040 Scope.
18 A. New Structures
19 The requirements of this Chapter shall apply to all newly constructed buildings, structures,
or appurtenances located in the Foothill Fire Zones.
20
21
22
Exception: Structures which are exempt from building permit requirements.
B. Existing Structures
For existing structures, retrofitting of an element is required when more than 60%
23 replacement of that element occurs. An addition to an existing structure need not comply with these
standards if the addition does not exceed 60% of the floor area of the existing structure and the
24 existing structure was not required to meet these requirements when originally constructed.
Retrofitting of an entire structure is required when a combination of elements are replaced or other
25 repairs are made equal in value to 60% or more of the replacement cost of the structure as
determined by the building official. Repair or replacement of shake shingle roofs that exceed 25%
26 shall conform to Section 15.1O.080(E). Alterations made to a structure shall not increase the degree
of non-conformity in regards to these standards. (Ord. MC-l 047, 5-17-99; Ord. MC-960, 3-4-96)
27
28
III
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II
1 15.10.060 Applicability.
2 The requirements of this Chapter shall be applicable to those properties located in Foothill
Fire Zones A, B, or C as defined in Chapter 19.15. (Ord. MC-960, 3-4-96)
3
4
15.10.080 Foothill Fire Zone Building Standards.
The following building standards shall apply to all or some of the foothill fire zones as noted
5 by the letter(s) in parenthesis following each standard.
6 A.
7
8
9
10
11
12
13
14
IS
16 B.
17
C.
18
19
D.
20
E.
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22 F.
23
G.
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25
26
H.
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1. All exterior elements, including, but not limited to walls, overhangs, garage doors, fences,
fascias, etc., shall be free from exposed wood (e.g. minimum 7/8" stucco protection).(A+B,
and C where abuts wildlands)
Exception: Entry doors, windows, and door and window jambs.
2. Vinyl window frame assemblies shall be prohibited, except when they have the following
characteristics:
a) Frame and sash are comprised of vinyl material with welded comers;
b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
e) Certified and labeled to ANSIIAAMAlNWWDA 101/1.S.2-97 for structural
requirements.
f) Except when needed to meet the requirements ofthe California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
All glazing shall be double-paned and meet California Building Code requirements.
(A+B+C)
No attic vent shall be placed facing the foothills/wildland. (A+B, and C where abuts
wildlands) All vents shall be covered with 1/8 inch mesh corrosion-resistant metal screen
or other approved material that offers equivalent protection.
Roof mounted turbine vents shall not be permitted. (A+B+C)
All roof coverings shall be of non-wood materials with at least a Class A or B fire retardant
rating. (A+B+C)
The open ends of high-profile tile roofs shall be capped with non-ignitable material to
prevent birds' nests or other combustible material from accumulating. (A+B+C)
All new residential structures (except those rebuilt due to damage or destruction from any
one common fire or other catastrophe) shall be provided with automatic fire sprinklers. If
the floor area of an existing dwelling is increased more than 60%, the entire dwelling must
be retrofitted to meet this requirement. The design and installation shall be approved by the
City Fire Department. (A+B, and C where abuts wildlands). (Ord. MC-960, 3-4-96)
Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
HF/js[urgency.ordinance.6]
2
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1 SECTION 2. Chapter 15.11 of the San Bernardino Municipal Code is hereby added to read as
follows:
2
3
4
Chapter 15.11
Building Safety Enhancement Area Building Standards
Sections:
5 15.11.020
15.11.040
6 15.11.080
7
8
9
10
11
Purpose.
Scope! Applicability.
Building Safety Enhancement Area Building Standards.
15.11.020 Purpose.
The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
injury, death, or property damage that may result from urban conflagrations spread by high winds.
The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise
reduce the spread of urban fire by controlling the use of materials and methods of construction.
15.11.040
Scope! Applicability
The Building Safety Enhancement Area Building Standards shall apply to all newly
12 constructed buildings, structures, or appurtenances outside the Foothill Fire Zones (as defined in
Chapter 19.15) and located in any of the following areas:
13
14
15
16
17
18
19
20
21
22
23 15.11.080
24 A.
25
26 B.
27 C.
28
A.
Those areas of the City designated by Council Resolution after a noticed public
hearing as being located within a Building Safety Enhancement Area as follows:
1.
Four or more abutting (as defined in Chapter 19.02 of the Development
Code) parcels with at least four dwellings with each dwelling damaged over
60% by fire or other catastrophe.
All dwellings and commercial structures damaged over 60% by fire or other
catastrophe that are located within a block (as defined in Chapter 19.02 of the
Development Code) in which 50% or more of the dwellings and commercial
structures have each incurred damage over 60% by fire or other catastrophe.
2.
B.
Those new residential housing tracts comprised of four or more dwelling units for
which building permit applications are submitted after the effective date of this
ordinance.
C.
Those new commercial structures that are 5,000 square feet or larger, for which
building permit applications are submitted after the effective date of this ordinance.
Building Safety Enhancement Area Building Standards.
Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall
provide the equivalent to a minimum of I-hour fire-resistance-rated construction on the
exterior side.
Eaves. Eaves shall be enclosed with a minimum 7/8 inch stucco or equivalent protection.
Exterior glazing. Exterior glazing shall comply with the provisions of the California
Building Code and with the following additional requirements:
HFJjs[ urgency .ordinance.6]
3
1
2
3
4
5
6
7
8
9
10 D.
11
E.
12
13
14
15 F.
16 G.
17
18
H.
19
20
21
22
.
1. Exterior windows, window walls and glazed doors, and windows within exterior
doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned),
or other assemblies approved by the Building Official.
2. Vinyl window frame assemblies shall be prohibited, except when they have the
following characteristics:
a) Frame and sash are comprised of vinyl material with welded corners;
b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
e) Certified and labeled to ANSIIAAMAlNWWDA 101/I.S.2-97 for structural
requirements.
f) Except when needed to meet the requirements of the California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
Garage Doors. Garage doors shall be constructed of noncombustible materials or fire
retardant treated wood.
Vents.
1. All vents shall be covered with 1/8 inch mesh corrosion-resistant metal screen or
other approved material that offers equi valent protection.
2. Roof-mounted turbine vents shall not be permitted.
Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
Roof covering. All roof covering shall be of non-wood materials with at least a Class A or
B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-
ignitable material to prevent birds' nests or other combustible material from accumulating.
Gutters and downspouts shall be constructed of non-combustible material.
Fences. Where wood or vinyl fencing is used, there shall be a minimum of 5' separation
between the wood or vinyl fencing and the wall of the nearest structure except on those
properties where previous construction occurred pursuant to a previous Code. Fencing
within the 5' separation area shall be of non-combustible material or I-hour fire-resistance-
rated construction.
SECTION 3. Findings of Local Necessity.
Pursuant to Health and Safety Code Sections 17958.7 and 18941.5 a local governing body
23 must make express findings that amendments to state building standards are necessary because of
local climatic, geological, or topographical conditions. The following findings are hereby made:
24
25
26
27
28
A.
All areas of the City are subject to periods of elevated temperatures and high winds
known as Santa Ana conditions, and
B.
Such Santa Ana conditions have the potential to spread urban fires from structure to
structure and across property lines, and
Past conflagrations such as the Panorama Fire, the Old Waterman Canyon Fire, and
other fires have resulted in substantial fire losses and indicate that the spread of fire
C.
HEJjs[ urgency .ordinance.6]
4
1
poses a substantial threat to life and property, not only in the Foothill Fire Zones, but
in urbanized areas as well.
2
SECTION 4. Statement of Urgency.
3
This Ordinance is being proposed as an Urgency Ordinance due to the recent fire and
4 subsequent loss of structures in the city during the fire. Immediate adoption is necessary because
of the fire danger that exists and the growing number of applications to rebuild fire
5 damaged/destroyed structures. Previously adopted built-in construction features significantly
reduced the damage in the Foothill Fire Zone. It is imperative that these standards are adopted
6 immediately for new construction in the Building Safety Enhancement Areas designated by the
Mayor and Council and those specified new residential housing tracts and commercial structures.
7 The primary purpose of these changes is to reduce the potential for future conflagration with these
built-in construction features.
8
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HEljs( urgency .ordinance.6] 5
I URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.10 RELATING TO FOOTHILL FIRE ZONE BUILDING STANDARDS AND ADDING
CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
3 BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS AND
DECLARING THE URGENCY THEREOF.
4
5
6
7
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a
meeting thereof, held on the _ day of
, 2004, by the following vote, to wit:
COUNCIL MEMBERS:
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
11
DERRY
12
SUAREZ
13
ANDERSON
14
MC CAMMACK
IS
16
17
AYES
NAYS
ABSTAIN ABSENT
City Clerk
18
19
20
21
22
23
The foregoing Ordinance is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
JAMES F. PENMAN
26 City Attorney
27
28
1. Ie
Eljs [urgency .ordinance.6]
6
I'
1
ORDINANe~y
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.10
RELATING TO FOOTHILL FIRE ZONE BUILDING STANDARDS AND ADDING
CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS.
2
3
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 15.10 of the San Bernardino Municipal Code is hereby amended to read as
follows:
7 Chapter 15.10
Foothill Fire Zone Building Standards
8
9 Sections:
15.10.020
10 15.10.040
15.10.060
11 15.10.080
12 15.10.20 Purpose.
Purpose.
Scope.
Applicability.
Foothill Fire Zone Building Standards.
13
14
IS
16
17
18
19
20
21
The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
injury, death, or property damage that may result from wildland fires in the foothill areas of the City.
The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise
reduce the spread of fire on developed properties, by controlling the use of materials and methods
of construction. (Ord. MC-960, 3-4-96)
15.10.040 Scope.
A. New Structures
The requirements of this Chapter shall apply to all newly constructed buildings, structures,
or appurtenances located in the Foothill Fire Zones.
Exception: Structures which are exempt from building permit requirements.
B. Existing Structures
For existing structures, retrofitting of an element is required when more than 60%
22 replacement of that element occurs. An addition to an existing structure need not comply with these
standards if the addition does not exceed 60% of the floor area of the existing structure and the
23 existing structure was not required to meet these requirements when originally constructed.
Retrofitting of an entire structure is required when a combination of elements are replaced or other
24 repairs are made equal in value to 60% or more of the replacement cost of the structure as
determined by the building official. Repair or replacement of shake shingle roofs that exceed 25%
25 shall conform to Section 15.10.080(E). Alterations made to a structure shall not increase the degree
of non-conformity in regards to these standards. (Ord. MC-I047, 5-17-99.; Ord. MC-960, 3-4-96)
26
27
15.10.060 Applicability.
The requirements of this Chapter shall be applicable to those properties located in Foothill '
28 Fire Zones A, B, or C as defined in Chapter 19.15. (Ord. MC-960, 3-4-96)
HEljs[urgency .ordinance. 7}
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I 15.10.080 Foothill Fire Zone Building Standards.
2 The following building standards shall apply to all or some of the foothill fire zones as noted
by the letter(s) in parenthesis following each standard.
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B.
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15 C.
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17 D.
18 E.
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F.
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21 G.
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24 H.
A.
1. All exterior elements, including, but not limited to walls, overhangs, garage doors, fences,
fascias, etc., shall be free from exposed wood (e.g. minimum 7/8" stucco protection).(A+B,
and C where abuts wildlands)
Exception: Entry doors, windows, and door and window jambs.
2. Vinyl window frame assemblies shall be prohibited, except when they have the following
characteristics:
a) Frame and sash are comprised of vinyl material with welded comers;
b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
e) Certified and labeled to ANSI/AAMA/NWWDA 101/l.S.2-97 for structural
requirements.
f) Except when needed to meet the requirements of the California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
All glazing shall be double-paned and meet California Building Code requirements.
(A+B+C)
No attic vent shall be placed facing the foothills/wildland. (A+B, and C where abuts
wildlands) All vents shall be covered with 1/8 inch mesh corrosion-resistant metal screen
or other approved material that offers equivalent protection.
Roof mounted turbine vents shall not be permitted. (A+B+C)
All roof coverings shall be of non-wood materials with at least a Class A or B fire retardant
rating. (A+B+C)
The open ends of high-profile tile roofs shall be capped with non-ignitable material to
prevent birds' nests or other combustible material from accumulating. (A+B+C)
All new residential structures (except those rebuilt due to damage or destruction from any
one common fire or other catastrophe) shall be provided with automatic fire sprinklers. If
the floor area of an existing dwelling is increased more than 60%, the entire dwelling must
be retrofitted to meet this requirement. The design and installation shall be approved by the
City Fire Department. (A+B, and C where abuts wildlands). (Ord. MC-960, 3-4-96)
Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
25 SECTION 2. Chapter 15.11 of the San Bernardino Municipal Code is hereby added to read as
follows:
26
27
28
Chapter 15.11
Building Safety Enhancement Area Building Standards
HFijs[ urgency.ordinance. 7]
2
I Sections:
15.11.020
2 15.11.040
15.11.080
3
15.11.020 Purpose.
4
Purpose.
Scope! Applicability.
Building Safety Enhancement Area Building Standards.
The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
5 injury, death, or property damage that may result from urban conflagrations spread by high winds.
The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise
6 reduce the spread of urban fire by controlling the use of materials and methods of construction.
7 15.11.040
Scope! Applicability
8 The Building Safety Enhancement Area Building Standards shall apply to all newly
constructed buildings, structures, or appurtenances outside the Foothill Fire Zones (as defined in
9 Chapter 19.15) and located in any of the following areas:
10
Those areas of the City designated by Council Resolution after a noticed public
hearing as being located within a Building Safety Enhancement Area as follows:
A.
11
12
1.
Four or more abutting (as defined in Chapter 19.02 of the Development
Code) parcels with at least four dwellings with each dwelling damaged over
60% by fire or other catastrophe.
All dwellings and commercial structures damaged over 60% by fire or other
catastrophe that are located within a block (as defined in Chapter 19.02 of the
Development Code) in which 50% or more of the dwellings and commercial
structures have each incurred damage over 60% by fire or other catastrophe.
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14
15
16
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2.
B.
Those new residential housing tracts comprised of four or more dwelling units for
which building permit applications are submitted after the effective date of this
ordinance.
c.
Those new commercial structures that are 5,000 square feet or larger, for which
building permit applications are submitted after the effective date of this ordinance.
Building Safety Enhancement Area Building Standards.
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15.11.080
A.
Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall
provide the equivalent to a minimum of I-hour fire-resistance-rated construction on the
exterior side.
B. Eaves. Eaves shall be enclosed with a minimum 7/8 inch stucco or equivalent protection.
c.
Exterior glazing. Exterior glazing shall comply with the provisions of the California
Building Code and with the following additional requirements:
1.
Exterior windows, window walls and glazed doors, and windows within exterior
doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned),
or other assemblies approved by the Building Official.
Vinyl window frame assemblies shall be prohibited, except when they have the
following characteristics:
2.
HEljs[urgency.ordinance.7]
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D.
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8 E.
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F.
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G.
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15 H.
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fl
Frame and sash are comprised of vinyl material with welded comers;
Metal reinforcement in the interlock area;
Glazed with insulated glass or tempered;
Frame and sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
Certified and labeled to ANSIIAAMAlNWWDA 101/I.S.2-97 for structural
requirements.
Except when needed to meet the requirements of the California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
Garage Doors. Garage doors shall be constructed of noncombustible materials or fire
retardant treated wood.
a)
b)
c)
d)
e)
f)
Vents.
1. All vents shall be covered with 1/8 inch mesh corrosion-resistant metal screen or
other approved material that offers equivalent protection.
2. Roof-mounted turbine vents shall not be permitted.
Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
Roof covering. All roof covering shall be of non-wood materials with at least a Class A or
B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-
ignitable material to prevent birds' nests or other combustible material from accumulating.
Gutters and downspouts shall be constructed of non-combustible material.
Fences. Where wood or vinyl fencing is used, there shall be a minimum of 5' separation
between the wood or vinyl fencing and the wall of the nearest structure except on those
properties where previous construction occurred pursuant to a previous Code. Fencing
within the 5' separation area shall be of non-combustible material or I-hour fire-resistance-
rated construction.
18 SECTION 3. Findings of Local Necessity.
19 Pursuant to Health and Safety Code Sections 17958.7 and 18941.5 a local governing body
must make express findings that amendments to state building standards are necessary because of
20 local climatic, geological, or topographical conditions. The following findings are hereby made:
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A.
All areas of the City are subject to periods of elevated temperatures and high winds
known as Santa Ana conditions, and
B.
Such Santa Ana conditions have the potential to spread urban fires from structure to
structure and across property lines, and
Past conflagrations such as the Panorama Fire, the Old Waterman Canyon Fire, and
other fires have resulted in substantial fire losses and indicate that the spread of fire
poses a substantial threat to life and property, not only in the Foothill Fire Zones, but
in urbanized areas as well.
C.
HFJjs[ urgency .ordinance. 7}
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f'
I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.10
RELATING TO FOOTIDLL FIRE ZONE BUILDING STANDARDS AND ADDING
2 CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
3 BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a
meeting thereof, held on the _ day of
6
, 2004, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
11 DERRY
12 SUAREZ
13 ANDERSON
14 MC CAMMACK
15
16
City Clerk
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23
The foregoing Ordinance is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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HEJjs[ urgency .ordinance.7]
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ORDI~O.~
Italics - Additions
Strikeout- Deletions
URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
4 15.10 RELATING TO FOOTHILL FIRE ZONE BUILDING STANDARDS AND ADDING
CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
5 BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
ORDAIN AS FOLLOWS:
7
SECTION 1. Chapter 15.10 of the San Bernardino Municipal Code is hereby amended to read as
8 follows:
9 Chapter 15.10
10 Foothill Fire Zone Building Standards
II Sections:
15.10.020
12 15.10.040
15.10.060
13 15.10.080
Purpose.
Scope.
Applicability.
Foothill Fire Zone Building Standards.
14 15.10.20 Purpose.
IS The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
injury, death, or property damage that may result from wildland fires in the foothill areas of the City.
16 The building standards contained in this Chapter are intended to prevent the ignition of, or otherwise
reduce the spread of fire on developed properties, by controlling the use of materials and methods
17 of construction. (Ord. MC-960, 3-4-96)
18 15.10.040 Scope.
19 A. New Structures
20 The requirements of this Chapter shall apply to all newly constructed buildings, structures,
or appurtenances located in the Foothill Fire Zones.
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22
23
Exception: Structures which are exempt from building permit requirements.
B. Existing Structures
For existing structures, retrofitting of an element is required when more than Z5% 60%
24 replacement of that element occurs. An additi,j addition to an existing structure need not comply
with these standards if the addition does not exceed Z5% 60% of the floor area of the existing
25 structure and the existing structure was not required to meet these requirements when originally
constructed. Retrofitting of an entire structure is required when a combination of elements are
26 replaced or other repairs are made equal in value to 56% 60% or more of the replacement cost of the
structure as determined by the building official. Repair or replacement of shake shingle roofs that
27 exceed 25% shall conform to Section 15.10.080( E). Alterations made to a structure shall not increase
the degree of non-conformity in regards to these standards. (Ord. MC- 1047,5-17-99; Ord. MC-960,
28 3-4-96)
HEljs r urgency .ordi nance.5)
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I 15.10.060 Applicability.
2 The requirements of this Chapter shall be applicable to those properties located in Foothill
Fire Zones A, B, or C as defined in Chapter 19.15. (Ord. MC-960, 3-4-96)
3
4
15.10.080 Foothill Fire Zone Building Standards.
The following building standards shall apply to all or some of the foothill fire zones as noted
5 by the letter(s) in parenthesis following each standard.
1. All exterior elements, including, but not limited to 'I'I'llJ'S walls, overhangs, garage doors,
fences, fascias, etc., shall be free from exposed wood (e.g. minimum 7/8" stucco
protection).(A+B, and C where abuts wildlands)
6 A.
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10
II
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16 B.
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C.
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D.
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21 E.
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F.
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24 G.
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27 H.
28 III
Exception: Entry doors, windows, and door and window jambs.
2. Vinyl window frame assemblies shall be prohibited, except when they have the following
characteristics:
a) Frame and sash are comprised of vinyl material with welded corners;
b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified inAAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
e) Certified and labeled to ANSllAAMA/NWWDA 101I/.S.2-97 for structural
requirements.
f) Except when needed to meet the requirements of the California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
All glazing shall be double-paned and meet U";&,,,,, California Building Code requirements.
(A+B+C)
No attic vent shall be placed facing the foothills/wildland. (A+B, and C where abuts
wildlands) All vents shall be covered with 118 inch mesh corrosion-resistant metal screen
or other approved material that offers equivalent protection.
Roof mounted turbine vents shall not be permitted. (A I II, a.\d C \\1,,,,,, ,*,dt~ w;ldla...:b)
(A+B+C)
All roof coverings shall be of non-wood materials with at least a Class A or B fire retardant
rating. (A+B+C)
The open ends of high-profile tile roofs shall be capped with non-ignitable material to
prevent birds birds' nests or other combustible material from accumulating. (A+B+C)
All new residential structures (except those rebuilt due to damage or destruction from any
one common fire or other catastrophe) shall be provided with automatic fire sprinklers.. If
the floor area of an existing dwelling is increased more than Z5% 60%, the entire dwellIng
must be retrofitted to meet this requirement. The design and installation shall be approved
by the City Fire Department. (A+B, and C where abuts wildlands). (Ord. MC-960, 3-4-96)
Insulation. Paperjaced insulation shall be prohibited in attics or ventilated spaces.
H E1js[ urgency .ordi nance, 5]
2
SECTION 2. Chapter 15.11 of the San Bernardino Municipal Code is hereby added to read as
follows:
2
3
4
Chapter 15.11
Building Safety Enhancement Area Building Standards
Sections:
5 15.11.020
15.11.040
6 15.11.080
Purpose.
Scope/Applicability.
Building Safety Enhancement Area Building Standards.
7 15.11.020 Purpose.
8 The purpose of this Chapter is to promote public safety and welfare by reducing the risk of
injury, death, or property damage that may result from urban conflagrations spread by high winds.
9 The building standards contained in this Chapter are intended to prevent the ignition of or
otherwise reduce the spread of urban fire by controlling the use of materials and methods of
10 construction.
11 15.11.040
Scope/Applicability
12 The Building Safety Enhancement Area Building Standards shall apply to all newly
constructed buildings, structures. or appurtenances outside the Foothill Fire Zones (as defined in
13 Chapter 19.15) and located in any of the following areas:
14
15
16
17
18
19
20
A.
Those areas of the City designated by Council Resolution after a noticed public
hearing as being located within a Building Safety Enhancement Area as follows:
1.
Four or more abutting (as defined in Chapter 19.02 of the Development
Code) parcels with at least four dwellings with each dwelling damaged over
60% by fire or other catastrophe.
2.
All dwellings and commercial structures damaged over 60% by fire or other
catastrophe that are located within a block (as defined in Chapter 19.02 of
the Development Code) in which 50% or more of the dwellings and
commercial structures have each incurred damage over 60% by fire or other
catastrophe.
B.
Those new residential housing tracts comprised of four or more dwelling units for
which building permit applications are submitted after the effective date of this
ordinance.
21
22
23
24 15.11.080
c.
Those new commercial structures that are 5,000 square feet or larger, for which
building permit applications are submitted after the effective date of this ordinance.
Building Safety Enhancement Area Building Standards.
25 A.
26
27 B.
28 C.
Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall
provide the equivalent to a minimum of I-hour fire-resistance-rated construction on the
exterior side.
Eaves. Eaves shall be enclosed with a minimum 7/8 inch stucco or equivalent protection.
Exterior glazing. Exterior glazing shall comply with the provisions of the California
HElj s[ urgency. ordinance. 51
3
2
3
4
5
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7
8
9
10
II
D.
12
13 E.
14
15
16
F.
17
G.
18
19
20 H.
21
22
I'
Building Code and with the following additional requirements:
1. Exterior windows, window walls and glazed doors, and windows within exterior
doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned),
or other assemblies approved by the Building Official.
2. Vinyl window frame assemblies shall be prohibited, except when they have the
following characteristics:
a) Frame and sash are comprised of vinyl material with welded comers;
b) Metal reinforcement in the interlock area;
c) Glazed with insulated glass or tempered;
d) Frame and sash profiles are certified in AAMA Lineal Certification Program
(verified with either an AAMA product label or Certified Products
Directory); and
e) Certified and labeled to ANSI/AAMAlNWWDA 1OI/1.S.2-97 for structural
requirements.
f) Except when needed to meet the requirements of the California Energy Code
at Title 24, Part 6 of the California Code of Regulations.
Garage Doors. Garage doors shall be constructed of noncombustible materials or fire
retardant treated wood.
Vents.
1. All vents shall be covered with 1/8 inch mesh corrosion-resistant metal screen or
other approved material that offers equivalent protection.
2. Roof-mounted turbine vents shall not be permitted.
Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces.
Roof covering. All roof covering shall be of non-wood materials with at least a Class A or
B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-
ignitable material to prevent birds' nests or other combustible materialfrom accumulating.
Gutters and downspouts shall be constructed of non-combustible material.
Fences. Where wood or vinyl fencing is used, there shall be a minimum of 5' separation
between the wood or vinyl fencing and the wall of the nearest structure except on those
properties where construction occurred pursuant to a previous Code. Fencing within the
5' separation area shall be of non-combustible material or I-hour fire-resistance-rated
construction.
23 SECTION 3. Findings of Local Necessity.
24 Pursuant to Health and Safety Code Sections 17958.7 and 18941.5 a local governing body
must make express findings that amendments to state building standards are necessary because of
25 local climatic, geological, or topographical conditions. The following findings are hereby made:
26
27
28
A.
All areas of the City are subject to periods of elevated temperatures and high winds
known as Santa Ana conditions, and
B.
Such Santa Ana conditions have the potential to spread urban fires from structure to
structure and across property lines, and
HElj s[ urgency. ordinance. 5]
4
1
c.
Past conflagrations such as the Panorama Fire, the Old Waterman Canyon Fire, and
other fires have resulted in substantial fire losses and indicate that the spread of fire
poses a substantial threat to life and property, not only in the Foothill Fire Zones, but
in urbanized areas as well.
2
3
4
SECTION 4. Statement of Urgency.
This Ordinance is being proposed as an Urgency Ordinance due to the recent fire and
5 subsequent loss of structures in the city during the fire. Immediate adoption is necessary because
of the fire danger that exists and the growing number of applications to rebuild fire
6 damagedldestroyedstructures. Previously adopted built-in construction features significantly
reduced the damage in the Foothill Fire Zone. It is imperative that these standards are adopted
7 immediately for new construction in the Building Safety Enhancement Areas designated by the
Mayor and Council and those specified new residential housing tracts and commercial structures.
8 The primary purpose of these changes is to reduce the potential for future conflagration with these
built-in construction features.
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HE/js [urgency. ordinance.5 ] 5
':1
URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 15.10 RELATING TO FOOTHILL FIRE ZONE BUILDING STANDARDS AND ADDING
CHAPTER 15.11 OF THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE
3 BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a
meeting thereof, held on the _ day of
6
, 2004, by the following vote, to wit:
7 COUNCIL MEMBERS:
8 ESTRADA
9 LONGVILLE
10 MCGINNIS
II DERRY
12 SUAREZ
13 ANDERSON
14 MC CAMMACK
15
16
17
AYES
NAYS
ABSTAIN ABSENT
City Clerk
18
19
20
21
22
23
The foregoing Ordinance is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
26
27
28
HEljs[ urgency .ordinance. 5]
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