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AGENDA REPORT
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| | | | | | | | DATE:
| October 20, 2020
| TO:
| Mayor and City Council
| FROM:
| Stefan T. Chatwin, City Manager 
| | SUBJECT: | Public Hearing;
and Resolution 2020-206 of the City Council of the City of Fairfield Approving Required Findings Relating to the Amendment of the 2019 California Building Code (also known as Chapter 5, Building and Housing Code of the City of Fairfield Municipal Code);
and First Reading and Introduction of Ordinance 2020-21 of the City Council of the City of Fairfield Amending Chapter 5 of the City of Fairfield Municipal Code and Amending Chapter 31, Section 3109, of the California Building Code, Requiring Pool Barriers as a Required Safety Feature
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| | | | | | | | | RECOMMENDED ACTION | | Hold public hearing; adopt resolution; waive full reading, read by title only, and introduce ordinance for first reading. |
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| | | | | | | | | STATEMENT OF ISSUE | | During the 2019 California Building Standard Code Adoption, a swimming pool fencing amendment in the ordinance was unintentionally removed. The proposed ordinance amendment reincorporates the pool fencing requirement into the Fairfield Municipal Code. |
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| | | | | | | | | DISCUSSION | On October 15, 2019, the City Council passed and adopted Ordinance No. 2019-08 which repealed and replaced Chapter 5 of the Fairfield Municipal Code (“FMC”), adopting the 2019 California Building Standards Code, with amendments. During the process, staff realigned the Chapter 5 format and code sections of the FMC for consistency with the California Building Standards Code. The update also removed outdated sections and clarified/amended others. During the process, a swimming pool fencing amendment in the ordinance was inadvertently removed.
While Section 3109 of the California Building Code, specifying pool safety standards, was specifically adopted, the City's historically used local amendment to that section was not carried forward. California State law permits adoption of the State Building Standards Code with local amendments. The State requires most amendments be based upon local climatic, topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, and welfare.
The City has historically implemented a local amendment for pool barriers. It was not intended to be removed as residents, businesses, builders, and designers have come to expect the local requirements. Many swimming pools within the city are visible from the streets or neighboring properties. This creates an attraction by young children and an increase in potential drowning hazards. Therefore, as an enhanced safety measure, we ask the City Council to approve the proposed amendment, requiring the swimming pool barriers, as has been historically required within the City of Fairfield.
Regarding environmental determination, this project is exempt from the California Environmental Quality Act under CEQA Guidelines section 15061(b)(3). This exemption applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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| | | | | | | | | FINANCIAL IMPACT | | No new financial impacts on the City of Fairfield are anticipated from implementation of this ordinance amendment. |
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| | | | | | | | | CITY COUNCIL WORKPLAN | Community Safety
| Community Infrastructure | Quality of Life | | Financial and Operational Sustainability | Economic Development | Travis Air Force Base |
| City Council Goal this item supports:
Community Safety |
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| | | | | | | | | Project: | #5A.2, Development Permitting Process - Building
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| | | | | | | | | PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION | A public hearing notice was published in the Daily Republic on October 9, 2020.
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| | | | | | | | | ALTERNATIVE ACTION | | Council may choose not to adopt the ordinance amendment regarding enhanced swimming pool safety as it is more restrictive than the requirements in the Building Code. If not adopted, the Building Code referenced herein does address swimming pool safety but does not require a barrier around the swimming pool as one of the two required safety features. |
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| | | | | | | | | STAFF CONTACT | Jeff Thomas, Chief Building Official
(707) 428-7442
jthomas@fairfield.ca.gov
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| | | | | | | | | COORDINATED WITH | City Attorney's Office
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| REVIEWERS: | | Reviewer | Action | Date | | Answerer | Approved | 10/5/2020 - 11:43 AM | | Thomas, Jeff | Approved | 10/5/2020 - 11:56 AM | | Gassaway, David | Approved | 10/5/2020 - 3:08 PM | | Alexander, Amber | Approved | 10/5/2020 - 4:02 PM | | Alexander, Amber | Approved | 10/9/2020 - 12:42 PM |
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