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Home My WebLink About03/12/2008 PSAC Reports CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY {3{)MMISSION AGENDA REGULAR MEETING MIKE NORKIN, CHAIRMAN DR. SHAWN BHUTTA, VICE-CHAIRMAN NICOLE DAILEY, COMMISSIONER AL LYONS, COMMISSIONER DENNIS "JAY" STEWART, COMMISSIONER ROBERT BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 MARCH 12, 2008 6:00 PM The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Commission with valuable information regarding issues of the community. Regular meetings are held on the 2nd Wednesday of every month. If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Commission meeting and are available on the City's web site at www.lake-elsinore.orq. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 261 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS (Any person wishing to address the Public Safety Advisory Commission on any matter must complete a request form prior to commencement of the meeting. Comments limited to 3 minutes.) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any member of the public requests separate action on a specific action.) 1. Minutes A. Minutes of regular PSAC meeting on February 13, 2008 B. Minutes of Study Session on February 21, 2008 Recommendation: Approve the minutes of the regular PSAC meeting dated February 13, 2008, and Study Session dated February 21, 2008. BUSINESS ITEMS 2. Update on Wildland/Urban Interface Defensible Space (presenter: Chief Jerry Hendershot) Recommendation: Receive and file. 3. Ordinance Regulating High Speed Zone Ordinance; Safety Inspection Issues Recommendation: A. Finalize proposed High Speed Zone Ordinance amendments for City Council consideration; B. Take Safety Inspection issues presented by legal counsel under advisement. 4. Boater Knowledge of Regulations and Boating Safety Equipment Verification Recommendation: Evaluate alternatives presented in this report and make a final recommendation. PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS PUBLIC COMMENTS (Please read and complete a Speaker's Form at the podium, prior to the start of the Commission meeting.) ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn to a regular meeting to be held on Wednesday, April 9, 2008, at 6:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA, 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. VIVIAN M. MUNSON CITY CLERK ,. . MINUTES PUBLIC SAFETY ADVISORY COMMISSION REGULAR MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, FEBRUARY 13, 2008 ......................................................................... CALL TO ORDER - 6:00 P.M. Chairman Norkin called the Public Safety Advisory Commission Study Session to order at 6:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chairman Norkin. ROLL CALL PRESENT: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART ABSENT: COMMISSIONER DAILEY Also present were: Information/Communications Manager Dennis, Assistant City Attorney David Mann, Lake and Aquatic Resources Director Kilroy, Sergeant Yates, Traffic Engineer Basubas and Clerk of the Board Munson. PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR ITEM(S) 1. Minutes a) Minutes of Joint PSAC/City Council Study Session on January 8, 2008. b) Minutes of regular PSAC meeting on January 9,2008. Recommendation: Approve. It was motioned by Commissioner Stewart, and seconded by Commissioner Lyons to approve the Consent Calendar. 1 / The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTT A COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER DAILEY BUSINESS ITEMS 2. Launch Ramp Coordination and Safety Inspection Needs Assessment Information/Communications Manager Dennis presented the staff report. He indicated at the request of Chairman Norkin, this item was to evaluate the safety benefits, cost and logistics for providing systematic launch and ramp coordination at the City's seaport boat launch and for spot or regular inspections of vessels at City and private launch/marina facilities. Commissioner Lyons indicated he thought someone out there to facilitate people in and out of the water was a good idea; however, he was against someone inspect boats for supplies. He noted although he was not against spot checks. Commissioner Lyons distributed a U.S. Coast Guard Inspection Checklist and commented that regular inspections are too time consuming and would drive away visitors. Chairman Norkin indicated he was not proposing a full scale inspection; for example like life jackets and fire extinguishers. He suggested after an inspection of this type is completed, that a boater would receive a decal to place on his boat that it had gone through an inspection process. Commissioner Stewart suggested having a main check list for the coordinator to utilize; however, he indicated that it would not guarantee the next time the person came out with their boat, and had an inspection, that they would have the proper equipment the next time. He stated life jackets are the priority. Sergeant Yates indicated the most common violation is not having life jackets. 2 Chairman Norkin stated there is no reason to be out on lake without the property safety gear. He indicated the City should demand safety equipment should be on boats. He suggested raising the day pass $3 to $5 to pay for the ramp coordinator. Commissioner Stewart stated raising the fee will discourage people from using the lake. Chairman Norkin indicated the City issued over 33,000 day lake passes last year. He noted 33,000 x $3 could pay for a full time or two part time ramp launches. He noted this was not a huge increase. Lake and Aquatic Resources Director Kilroy indicated this was a noble goal to have boaters have safety equipment on boats. He suggested a script for spot checks was a good idea and also suggested all safety equipment be available to purchase at facilities. He also suggested the City do a needs assessment study. Vice-Chairman Bhutta suggested LEMSAR do an assessment study. Lake and Aquatic Resources Director Kilroy indicated the City did not have the authority to direct LEMSAR to do a survey. Vice-Chairman Bhutta indicated he did not think raising the day pass was sufficient to pay for a ramp coordinator and inquired how the City would supplement the salary. Lake and Aquatic Resources Director Kilroy indicated that he did not know, perhaps from the General Fund. It was motioned by Commissioner Stewart, and seconded by Commissioner Lyons to have a study session on February 21, 2008, at 7:00 p.m. to further discuss this issue. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER DAILEY 3 3. HiQh Speed Zone Needs Assessment I nformation/Communications Manager Dennis presented the staff report. He indicated one of PSAC's goals was to study safety issues and potential safety measures as part of a comprehensive assessment. Pete Dawson, resident, indicated he was concerned PSAC addressing the high speed zone. He indicated the high speed zone was a tremendous draw to the lake and there have been no problems in the past. He indicated he hoped PSAC does not destroy what has worked so well in the past. He also indicated that PSAC should address the other types of boats that can go in excess of 150 mph and possibly amend the recently passed ordinance. Chairman Norkin indicated that PSAC's intention is not to get rid of the high speed zone, but only to address the safety concerns related to the high speed zone. Commissioner Stewart concurred with Chairman Norkin that it was not the intention of PSAC to get rid of the high speed zone. Chairman Norkin indicated what needs to be addressed is placing a 150 m/ph speed limit for this zone. Lake and Aquatic Resources Director Kilroy indicated top end restrictions are a good thing. He suggested however, placing an 80 m/ph speed limit for all boats. Chairman Norkin suggested making the high speed zone closed Memorial Day through Labor Day. He also stated he had some concerns with age restrictions for boaters using the high speed zone and restricted day rules and additional time of day limits. Vice-Chairman Bhutta also expressed his concerns with the age limit of boaters using the high speed zone. It was motioned by Commissioner Lyons, and seconded by Commissioner Stewart to include this issue for the study session set for February 21, 2008, at 7:00 p.m. The following vote resulted: AYES: NOES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART NONE 4 ABSTAIN: NONE ABSENT: COMMISSIONER DAILEY 4. Web Site Liaison Chairman Norkin indicated that Commissioner Dailey asked to be appointed as the Liaison. It was motioned by Commissioner Stewart, and seconded by Commissioner Lyons to appoint Commissioner Dailey as the Web site liaison. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER DAILEY 5. Graffiti Surveillance Liaison Chairman Norkin indicated Commissioner Lyons asked to be the appointed liaison. It was motioned by Vice-Chairman Bhutta, and seconded by Commissioner Stewart to appoint Commissioner Lyons as the Graffiti Surveillance liaison. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE 5 ABSENT: COMMISSIONER DAILEY 6. School Traffic Safety Liaison Chairman Norkin indicated both him and Vice-Chairman Bhutta would like to be the appointed liaisons. It was motioned by Commissioner Lyons, and seconded by Commissioner Stewart to appoint Chairman Norkin and Vice-Chairman Bhutta to the School Traffic Safety Liaison. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTT A COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER DAILEY PUBLIC SAFETY SUBCOMMITTEE REPORTS Commissioner Stewart announced the next sub-committee meeting for the Citizens Corps will be February 25th. CITY STAFF COMMENTS Information/Communications Manager Dennis announced at the next City Council meeting the Council will be approved the hotel/motel ordinance which will then become effective 30 days from that date. Information/Communications Manager Dennis also announced that PSAC's budget was not decreased and all funds remain the same. PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS Chairman Norkin thanked Vice-Chairman Bhutta for his diligence in saving PSAC's funds. Vice-Chairman Bhutta indicated PSAC was taking too much time to discuss lake issues. He indicated other issues need to be addresses like the graffiti, pools left with stagnant 6 water of homes that have gone into foreclosure. He expressed his feeling that the City cannot raise enough money to pay for a ramp coordinator. ADJOURNMENT It was the consensus of the Commission to adjourn to a Study Session on February 21, 2008, at 7:00 p.m. in the Cultural Center located at 183 North Main Street, Lake Elsinore, California, CA, 92530. Chairman Norkin adjourned the meeting at 7:07 p.m. MIKE NORKIN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION ATTEST: VIVIAN M. MUNSON CLERK OF THE BOARD 7 MINUTES PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 21,2008 ......................................................................... CALL TO ORDER - 7:00 P.M. Chairman Norkin called the Public Safety Advisory Commission Study Session to order at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Dailey. ROLL CALL PRESENT: CHAIRMAN NORKIN COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART VICE-CHAIR BHUTTA ABSENT: Also present were: Information/Communications Manager Dennis, Assistant City Attorney David Mann, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Sergeant Yates and Clerk of the Board Munson. PUBLIC COMMENTS There were no public comments. BUSINESS ITEMS 1. Launch Ramp Coordination and Safety Inspection Needs Assessment Information/Communications Manager Dennis presented the staff report. He indicated the purpose of this Study Session was to re-exam the perceived needs and problems. He reviewed some steps in developing the Needs Assessment and recommendations. He recommended starting with Commissioner's viewpoint for the launch ramp coordinator. Lake and Aquatic Resources Director Kilroy presented a PowerPoint presentation and outlined some of the goals and objectives of PSAC. Chairman Norkin indicated he would like to see a ramp coordinator or safety coordinator to alleviate traffic concerns and delays on boat launches and could also help speed things up. He indicated the coordinator should have direct contact with first responders and Lake Patrol or LEMSAR. Commissioner Stewart asked to define a safety or ramp coordinator. Lake and Aquatic Resources Director Kilroy indicated it was more like a safety inspector. Chairman Norkin stated PSAC should be looking at ramp coordinator. Commission Stewart indicated he supports a safer lake. He stated the lake was getting busier and indicated he supports this position if finances support position. He indicated it was PSAC's duty to find a way to keep people safe. Commissioner Lyons noted he was in favor of ramp coordinator during summer months to keep everything moving; however, he still has problems with the coordinator getting boats out of water. Pete Dawson, resident, indicated he had trouble tying to tie the two issues together - a ramp coordinator and a safety inspector. He stated he agreed with the delaunching issue of being a problem area. He stated boat lines at end of day are long and impacts can delay delauching. He noted dock capacity can also affect delaunching. Chairman Norkin suggested having a priority lane for people having their trailers ready to hookup. He indicated a coordinator can be effective in keeping things moving on the launch. Terry Prijatel, resident, stated a launch coordinator is good for disabled boaters. She stated another idea is to have boaters buy a lake use pass for the year and have them go through a inspection at a certain location so as to not to interfere with regular flow. Louis Prijatel, resident, and in LEMSAR, stated boat sinking can quickly unravel movement and use of the launch, requires coordinated response. He suggested placing a launch ramp on other side of lake. He stated the current location is the worst place to delaunch due to wave action and on the other side it is not as severe. He stated boat fires could have been preventable if inspections were done at the boat launch. Lake and Aquatic Resources Director Kilroy presented the goals, situation, need, proposal, duties and benefits, costs and funding issues, and action items as described below: Goal - Increase public safety through increased boater knowledge of boating regulations and verify required boating safety equipment prior to launching on the lake. Situation Analvsis - The City won the surface water rights for Lake Elsinore and is the responsible agency to maintain order and protect public health and welfare on the lake. Need - Sheriffs Lake Patrol issued 2,000 citations in 2007 for boating violations, which represents about 6% of boaters. Unknown - No data readily available on boater compliance with required boating safety equipment. Fact FindinQ - Conduct boating survey to collect data. Chairman's Proposal- Mandatory inspection of vessels prior to launching. Assistant City Attorney Mann indicated there are no provisions for mandatory inspections of boats before going in water. He indicated an alternative would be to make that a condition of the use. Who and Where Locations of Inspections - seasonal inspections. Duties of Ramp Coordinator. - Physical inspection of vessels for fire and life jackets and verbally communicate key lake use regulations. Other responsibilities could be to assist with boat launching, ensure most vessels have the basis safety equipment; and ensure receipt of lake use regulations. Cost & FundinQ - The cost basis of two Community Services Officers for six months at two stations; Seaport and Elsinore West would cost $80,000 p/year. Proposed funding would be from daily Lake day use fees. Concerns - No quantifiable data on need - Potential negative impact on operation of boat launch facilities - private boat launch facility acceptance - perceived increase in public safety outweigh public service - substantial cost increase in daily lake use pass - increase of 30%. - are there other means to obtain the goal. Alternatives - Improve boater education - develop and implement a standard boater orientation and safety check-in "script" for commercial boat launch facilities at point of purchase - offer basic boating safety equipment for sale - request increase courtesy boat inspection by the US coast Guard - Request Sheriff Lake Patrol to perform spot boat inspections at the launch ramps and collect data. Action Items - Provide consensus and direction to staff. Chairman Norkin indicated he believes boaters who do not have the correct safety equipment do not belong on the lake. He suggested having inspections done prior to launching and would prefer Sheriffs Dept. do inspections. Pete Dawson, resident, indicated vessel inspections should be done by a vessel inspector. He indicated Lake Perris make these inspections mandatory. He provided the following data - last year 70% of boats did not comply with - working fire extinguishers, life jackets, showed biggest violators were with personal water crafts, and brand new boats. He indicated he was concerned with the City's liability of not inspecting everything, Assistant City Attorney Mann stated Mr. Dawson raises a valid point. He indicated he was not certain there is immunity for public agencies for inspections. He indicated PSAC needs to focus in on safety aspect. Chairman Norkin stated he was simply asking for boat inspection of basic safety equipment and proves equipment is working and appropriate. He indicated he was in favor of having Coast Guard Auxiliary increase inspections and felt basic safety inspections are feasible. Commissioner Dailey indicated she felt there was a need for two coordinators, one at each ramp. She expressed her concerns with safety inspections and with backing boat traffic up. She stated it was better to doing once a month safety inspections. She suggested starting collecting data from users on where they live. She also suggested a need for a launch ramp solution; however, every weekend for inspections was too excessive. Commissioner Lyons stated the City needs people to inspect; boat inspections should be done on Lakeshore Drive; he was not in favor of a safety sticker and indicated this was not a guarantee people will have these items next time when they go on the lake. He noted parking at Seaport Launch is inadequate and need more docks on other side of lake. Chairman Norkin suggests the City look into building a new dock. Lake and Aquatic Resources Director Kilroy indicated in March, the City Council will be approving a new boat launch facility. Commissioner Stewart stated he did not understand why it would take so long to ask if they have life jackets and a fire extinguisher. Chet Roberts, President of Pyramid Enterprises, indicated he was uncertain of the future demands and indicated a way to speed up process at the seaport was to have more than one person as ramp coordinator. He stated his experience at other lakes and a process used at Pyramid Lake to speed things was to ask boaters to have their gear in boat ready far in advance and before they get into gate and ask if they know what safety equipment they need. He noted another item needed to be sold that people loose all the time are boat plugs along with other safety equipment. He suggested the City should consider getting floating wave wall. Commissioner Dailey inquired Mr. Roberts what he was specifically recommending. Mr. Roberts indicated he was recommending his facility provide the coverage and increase of operating costs and make an adjustment to cover. Commissioner Dailey indicated spot checks are very effective and liked the idea of using Mr. Roberts's services. Lake and Aquatic Resources Director Kilroy suggested having one CSO at ramp and one at Elsinore west which by separating them should cover more areas. He indicated the cost to hire two CSU's would be $80,000 per year. Chairman Norkin indicated proposing hiring two CSO's and Mr. Roberts' services. (2) Hiqh Speed Zone Needs Assessment Terry Prijatil, resident, stated the normal recreational boater will do their run early in the morning and leave. Louis Prijatil, resident, indicated he agrees with his wife. He sated if there are not too many people who launch, and then 90 mph is not too fast. He stated on weekends 35 mph is fine. He stated he does not want PSAC to overkill on this issue and indicated there have been no deaths, and very few accidents in the high speed zone. Pete Dawson, resident, indicated the ordinance just recently approved needs to cover more than hydroplanes boats; it needs to cover competition boat - the guy who is doing commercial boats for competition. Chairman Norkin inquired staff to ascertain what is the recommended speed. Lake and Aquatic Resources Director Kilroy recommended 80 mph standard maximum and higher would require a permit Chairman Norkin suggested setting the limit of faster than 120 mph require a permit. Commissioner Daily recommended 150 mph from May 1st to September 30th - and early mornings between 5 a.m. and 8 a.m. are freebies and no speed limit. Lake and Aquatic Resources Director Kilroy suggested sunrise and restricted all weekend high speed zone travel from April 1st through September 30th to 35 mph - 150 mph over would require a special permit. Chairman Norkin questions the direction of travel. Commissioner Daily stated the direction of lake fine. Chairman Norkin expressed his concerns with two boats going 150 mph in high speed zone in opposite directions. Lake and Aquatic Resources Director Kilroy and Sergeant Yates indicated they have never seen two boats going in the opposite direction in the high speed zone. Lake and Aquatic Resources Director Kilroy also suggested considering an age restriction for boaters allowed using the high speed zone; under 16 cannot go faster than 35 mph. Chairman Norkin inquired if there was sufficient delineation for the high speed zone. Lake and Aquatic Resources Director Kilroy indicated there was plenty of delineation. Chairman Norkin requested staff have all of the changes to the ordinance prepared for the next regular PSAC meeting. ADJOURNMENT It was the consensus of the Commission to adjourn to a Regular Meeting on March 12, 2008, in the Cultural Center located at 183 North Main Street, Lake Elsinore, California, CA, 92530. Chairman Norkin adjourned the meeting at 9:50 p.m. MIKE NORKIN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION ATTEST: VIVIAN M. MUNSON CLERK OF THE BOARD CITY OF .~ LAKE ,6,LSiNOR& V DREAM EXTREME", REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION MARK DENNIS INFORMATION/COMMUNICATIONS MANAGER FROM: DATE: MARCH 12, 2008 SUBJECT: WILDLAND/URBAN INTERFACE DEFENSIBLE SPACE (Presenter: Jerry Hendershot, Fire Chief) Backaround At the request of Chairman Norkin, this presentation is to update the PSAC on new laws affecting fire protection and defensible space for urban residents. Discussion Lake Elsinore is surrounded by wildlands and open space that can be problematic for firefighters when urban development and wildlands meet abruptly (see map of fire hazard severity zones attached). This is because fire fighting strategies and tactics for defending urban development are quite different than for controlling wild fires. The goal is to manage the wildland/urban interface properly and according to the law. Homeowners who reside in wildland/urban interface zones should know how to make their property fire safe by creating "defensible space." This means removing all flammable vegetation within a prescribed distance from all structures. An excerpt from California Code on the "defensible space' requirements and related literature from Cal Fire is attached. Fiscal Impact None. Recommendation Receive and File Defensible Space Presentation March 12,2008 Page 2 Prepared by: Mark Dennis I nformation/Communications Manager Lake Elsinore II . . * II . . . . . . . i. ~ ~11 ),~, ~l~.. .~. "~'.P''': SlJI 'r' '>." .... , ... '" J f / ./ HKIII.\/.\RD ,1\1 KI IY /iY\II~ .. 11<:\ \ ,'''Y : b:'-. 11,;.\ I Ii!:'- I 1<;\ ~.k..:,r::h' 11.;,\1 :1.'.,']",'L '- lj......'.,::-:;: I:~~I.. " ).I...... .1:;:'" '- 1'.1'::- ."'h..,,'r.l',' " lJ' ,." . ',1//'."",J I: : :: 1 h'';'T'',r.lkd ~ Hk. CALIFORNIA CODES GOVERNMENT CODE SECTION 51175-51189 51182. (a) A person who owns, leases, controls, operates, or maintains any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or any land that is covered with flammable material, which area or land is within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following: (1) Maintain around and adjacent to the occupied dwelling or occupied structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This paragraph does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or structure. (2) Maintain around and adjacent to the occupied dwelling or occupied structure additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth that is located within 100 feet from the occupied dwelling or occupied structure or to the property line, or at a greater distance if required by state law, or local ordinance, rule, or regulation. This section does not prevent an insurance company that insures an occupied dwelling or occupied structure from requiring the owner of the dwelling or structure to maintain a firebreak of more than 100 feet around the dwelling or structure if a hazardous condition warrants such a firebreak of a greater distance. Grass and other vegetation located more than 30 feet from the dwelling or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. This paragraph does not apply to single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure. (3) Remove that portion of any tree that extends within 10 feet of the outlet of any chimney or stovepipe. (4) Maintain any tree adjacent to or overhanging any building free of dead or dying wood. (5) Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth. (6) Prior to constructing a new dwelling or structure that will be occupied or rebuilding an occupied dwelling or occupied structure damaged by a fire in that zone, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. (b) A person is not required under this section to maintain any clearing on any land if that person does not have the legal right to maintain the clearing, nor is any person required to enter upon or to damage property that is owned by any other person without the consent of the owner of the property. 51183. (a) The local agency may exempt from the standards set forth in Section 51182 structures with exteriors constructed entirely of nonflammable materials, or conditioned upon the contents and composition of the structure, and may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding the structures. In no case shall this subdivision be deemed to authorize a local agency to vary any requirement that is a building standard subject to Section 18930 of the Health and Safety Code, except as otherwise authorized by law. (b) No exemption or variance shall apply unless and until the occupant thereof, or if there be no occupant, then the owner thereof, files with the local agency a written consent to the inspection of the interior and contents of the structure to ascertain whether the provisions of Section 51182 are complied with at all times. CAL FIRE - Fire Protection - Wildland Urban Interface Page 1 of3 California Department of forestry and Fire Protection CAL FIRE Home'~' Fire Prevention o?> Wildland Urban Interface Wildland Hazard & Building Codes CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, CALIFORNIA STATE FIRE MARSHAL'S OFFICE Vf'iFSZ f11api:; and nev'~' \!vLfi Staf1darc1s as ~..:~n':1H1anC€:S are rc ern-cree ,.~> Wildland Hazard and BUilding Code ..~> Public Involvement ...>> 2007 Fire Hazard Severny ZOlle Maps ..~> Homeowllers ..~> Buildling Code Training ..~> Fire Information E.nglne Toolkit -~> Building Matenals Listing ..~> Publications ..~> Regulatory Process ..~> Fire Terminology ..~> Frequently Asked Ouestions ..~> Media Reports A S NEW? Nt;,\j~, standards f:1()' tnt(} efrE:-(:t fn P,LL ;3t~:li_ ***NEW PRODUCTS HANDBOOK *** All Draft Maps for Local Jurisdictions Posted Questions? How to get answers... On September 20, 2005, the California Building Standards Commission approved the Office of the State Fire Marshal's emergency regulations amending the California Code of Regulations (CCR), Title 24, Part 2, known as the 2007 California Building Code (CBC). "701A.3.2 New Buildings Located in Any Fire Hazard Severity Zone. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas, any Local Agency Very-High Fire Hazard Severity Zone, or any Wildland-Urban Interface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter. New buildings located in any Fire Hazard Severity Zone shall comply with one of the following: 1. State Responsibility Areas. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter. 2. Local Agency Very-High Fire Hazard Severity Zone. New buildings located in any Local Agency Very High Fire Hazard Severity Zone for which an application for a building permit is submitted on or after July 1, 2008, shall comply with all sections of this chapter. 3. Wildland-Urban Interface Fire Area designated by the enforcing agency. New buildings located in any Wildland-Urban Interface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter. OBJECTIVE The broad objective of the Wildland-Urban Interface Fire Area Building Standards is to establish minimum http://www.fire.ca.gov /fire -prevention/fire -prevention_wildland. php 2/27/2008 CAL FIRE - Fire Protection - Wildland Urban Intertace Page '2 ot j standards for materials and material assemblies and provide a reasonable level of exterior wildfire exposure protection for buildings in Wildland-Urban Interface Fire Areas. The use of ignition resistant materials and design to resist the intrusion of flame or buming embers projected by a vegetation fire (wildfire exposure) will prove to be the most prudent effort California has made to try and mitigate the losses resulting from our repeating cycle of interface fire disasters. The California Department of Forestry and Fire Protection (CAL FIRE) and the Office of the State Fire Marshal (OSFM) revised the mandatory effective date for those areas where local government has responsibility for wildland fire protection (LRA) to July 1, 2008, to enable local government agencies more time to review and accept the fire hazard severity zone maps that will be presented to them formally after the new year. FHSZ MAPS The existing FHSZ maps are being updated pursuant to Public Resources Code Sections 4201 - 4204 and Government Code Sections 51175 - 51189. CAL FIRE completed the public hearings for the adoption of Fire Hazard Severity Zones (FHSZ) for those areas of California where the state has fiscal responsibility for wildland fire protection, known as State Responsibility Areas (SRA). CAL FIRE's intent is to complete the SRA FHSZ adoption by December, 2007. LOCAL VHFHSZ MAPS CAL FIRE is preparing recommendations for Very High Fire Hazard Severity Zones (VHFHSZ) in those areas where local government agencies have Local Responsibility Areas (LRA) and will transmit those recommendations to local agencies in early 2008. During the fire hazard severity zone hearing for SRA, several local govemment officials asked for clarification of authorities and responsibilities associated with the adoption of these LRA VHFHSZ recommendations. Basic authorities and responsibilities for the LRA VHFHSZ are found in Govemment Code Sections 51175 - 51189. The purpose of this Govemment Code chapter is to classify lands in accordance with whether a very high fire hazard severity is present so that public officials are able to identify measures that will mitigate the rate of spread, and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. RESPONSIBILITIES The Government Code chapter defines responsibilities for CAL FIRE and for the local agency. In summary, Section 51178 and 51181 defines the CAL FIRE Director's responsibility to identify very high fire hazard severity zones, transmit this information to local agencies, and to periodically review the recommendations. In part, Section 51178.5 and 51179 defines the local agency's responsibility to make the recommendation available for public review and to designate, by ordinance, very high fire hazard severity zones in its jurisdiction. CAL FIRE is taking additional steps to ensure that the recommended very high fire hazard severity zones are as accurate as possible. Draft copies of the proposed VHFHSZ have been under field review and validation since January, 2007. An updated draft LRA recommendation was available this fall, 2007. This update will also reflect the comments received during the SRA FHSZ public hearings that may impact LRA zones. LOCAL GOVERNMENT CONTACTS Unit level CAL FIRE staff has been instructed to assist local agencies in the review of the draft map recommendations. In addition to the very high fire hazard severity maps, CAL FIRE has mapped high and moderate fire hazard severity areas. This additional information will be made available to local agencies as part of the draft data and then upon request subsequent to the Director's recommendation. The California Constitution grants basic authority for local agencies to adopt ordinances. This constitutional authority can be used to adopt high ancllor moderate fire hazard severity areas or other wildland urban interface areas within the local jurisdiction. CAL FIRE Local Units also can address issues regarding the Chapter 7 A standards. Health and Safety Code 13108.5 (c) and GC 51179 (b) provide insight on flexibility local agencies may have to modify fire protection building standards and defensible space requirements once VHFHSZs are adopted, based on local findings. While these sections of law do not provide exemptions for adopting the maps, they may provide authority to exclude fire protection requirements otherwise triggered by the map designations. The regulations contained in CBC Chapter 7 A will be mandatory in SRA FHSZ until January 1, 2008 and by July 1, 2008 for LRA FHSZ, but voluntary and there will be a higher understanding that any new building constructed in a Wildland-Urban Interface Fire Area will be designed and constructed with the intent of lessening the vulnerability of a building to resist the intrusion of flames and buming embers projected during a conflagration or wildfire. After consulting with the Director of CAL FIRE and key stakeholders both internally and externally, OSFM has concluded that this appropriate action to take to keep us on schedule with the Fire Hazard Severity Zone Map rollout and provide enough time for developers, builders, and building officials to know where and how the codes apply. This will not change any project timelines; it merely lets those jurisdictions that are ready to adopt locally on January 1, 2008 to do so and the other jurisdictions have adequate time to prepare and adopt the FHSZ maps http://www.fire.ca.gov/frre -prevention/fire -prevention _ wildland.php 2/27/2008 The California Building Commission adopted the Wildland-Urban Interface codes in late 2005. The majority of the new requirements take effect in 2008 (see Effective Dates of Code for details). These new codes include provisions for ignition resistant construction standards in the wildland urban interface. The updated fire hazard severity zones will be used by building officials to determine appropriate construction materials for new buildings in the wildland urban interface. The updated zones will also be used by property owners to comply with natural hazards disclosure requirements at time of property sale. It is likely that the fire hazard severity zones will be used by local government as they update the safety element of general plans. CAL FIRE - Fire Protection - Wildland Urban Interface after they are finalized and published. The Department of Forestry and Fire Protection (CAL FIRE) is re-mapping fire hazard severity zones for lands where the State has fiscal responsibility for wildland fire protection (State Responsibility Area) and is preparing Very High Fire Hazard Severity recommendations for local responsibility areas. This mapping is being done under authorities defined in PRC 4201 and GC 51175. This effort incorporates improved wildland fire behavior science, data sets, and understanding of structure ignition mechanisms during conflagrations. Save money, energy flex lot and the environment. ~.oJ9 Page 3 of3 )J .~(I~;)' - 11 ~ ..~ .... ...... ... ,C:LI;.s.;~ (19M WMV) lA:tr:.. ~(lfO~""" ;:;...\ Conditions of Use I Privacy PoliCY Copyright @ 2007 State of California http://www.fire.ca.gov/fire-.prevention/fire-prevention _ wildland.php 2/27/2008 Department of Forestry & Fire Protection Office of the State Fire Marshal WILDLAND-URBAN INTERFACE BUILDING STANDARDS INFORMATION BULLETIN No.07_5_a June 14, 2007 k_r ENFORCEMENT OF WILDLAND-URBAN INTERFACE BUILDING STANDARDS The purpose of this Information Bulletin is to provide clarification regarding enforcement of OSFM's California Building Code (CBC), Chapter 7 A requirements by local enforcing agencies charged through HSC ~13146 with enforcement of the California Building Standards Code, of which the CBC is one part. This Information Bulletin is also being issued to help ensure statewide consistency in the application of the CBC Chapter 7 A for all buildings. Residential Buildings Including One and Two Family Dwellings Assembly Bill 1216 (Vargas 2003) amended HSC ~13108.5 and Government Code ~51189 to require the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to propose fire protection building standards for roofs, exterior walls, structure projections, and structure openings of buildings located in Wildland-Urban Interface Fire Areas. The Building Standards Commission approved the recommendations and these regulations are now promulgated as building standards in CBC Chapter 7 A for all new buildings including one and two family dwellings (R-3 occupancies) located Wildland-Urban Interface Fire Areas as defined in CBC ~702A). Enforcement The responsibility for enforcement of building standards adopted by the State Fire Marshal contained in CBC Chapter 7 A shall be enforced by the building official or the fire authority for R-3 occupancies. Health and Safety Code ~13108.5 describes how enforcement is delegated to the either the building official or the fire authority. For R-3 occupancies, the city, county, or city and county delegates whether the building official or fire authority has enforcement responsibility. The building permit and/or plan approval issued for construction shall meet the intent of CBC Chapter 7 A. CBC ~701A.3.2.2 requires the building official, prior to construction, provide the owner or applicant a "certification" that the building as proposed to be built complies with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in Chapter 7 A. The term "certification" is derived from Public Resources Code ~291 (f) and Government Code ~51189(a)(6) which have been incorporated into Chapter 7A. CBC ~701A.3.2.4 requires that prior to building permit final approval the property shall be in compliance with the vegetation clearance requirements prescribed in Public Resources Code ~291 and Government Code ~51182. Enforcement of this provision must be complete prior to or during the final approval of the building and/or certificate of occupancy by the local fire authority or other enforcement entity designated for enforcement of the vegetation clearance requirements. Other questions or comments regarding this Information Bulletin should be directed to Kevin Reinertson, Regulations Coordinator at (916) 327-4998, or by electronic mail to kevin.reinertson@fire.ca.gov. 2007 California Building Code CHAPTER 7A MA TERIALS AND CONSTRUCTION METHODS FOR EXTERIOR WILDFIRE EXPOSURE {SFM] SECTION 701A SCOPE, PURPOSE AND APPLlCA TION 701A.1 Scope. This chapter applies to building materials, systems and or assemblies used in the exterior design and construction of new buildings located within a Wildland-Urban Interface Fire Area as defined in Section 702A. 701 A.2 Purpose. The purpose of this Chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland-Urban Interface Fire Area to resist the intrusion of flame or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. 701A.3. Application. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas or any Wildland-Urban Interface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or after December 1, 2005, shall comply with the following Sections: 1. 704A.1 - Roofing 2. 704A.2 - Attic Ventilation 701 A.3.1 Altemates for materials, design, tests, and methods of construction. The enforcing agency is permitted to modify the provisions of this chapter for site-specific conditions in accordance with Appendix Chapter 1, Section 104. 10. When required by the enforcing agency for the purposes of granting modifications, a fire protection plan shall be submitted in accordance with the California Fire Code, Chapter 47. 701A.3.2 New Buildings Located In Any Fire Hazard Severity Zone. New buildings located in any Fire Hazard Severity Zone shall comply with one of the following: 1. State Responsibility Areas. New buildings located in any Fire Hazard Severity Zone within State Responsibility Areas, for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter. 2. Local Agency Very-High Fire Hazard Severity Zone. New buildings located in any Local Agency Very-High Fire Hazard Severity Zone for which an application for a building permit is submitted on or after July 1, 2008, shall comply with all sections of this chapter. 3. Wildland-Urban Interface Fire Area designated by the enforcing agency. New buildings located in any Wildland-Urban Interface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter. 701A.3.2.1 Inspection and cettification. Building permit applications and final completion approvals for buildings within the scope and application of this chapter shall comply with the following: 701A.3.2.2 The local building official shall, prior to construction, provide the owner or applicant a certification that the building as proposed to be built complies with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in this Chapter. 701A.3.2.3 The local building official shall, upon completion of construction, provide the owner or applicant with a copy of the final inspection repott that demonstrates the building was constructed in compliance with all applicable state and local building standards, including those for materials and construction methods for wildfire exposure as described in this Chapter. 5 701A.3.2.4 Prior to building permit final approval the property shaff be in compliance with the vegetation clearance requirements prescribed in Ca/ifomia Public Resources Code 4291 and California Government Code Section 51182. SECTION 702A - DEFINITIONS For the purposes of this chapter, certain terms are defined below: CDF DIRECTOR means the Director of the California Department of Forestry and Fire Protection. FIRE PROTECTION PLAN is a document prepared for a specific project or development proposed for a Wildland-Urban Interface Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. The Fire Protection Plan shaff be in accordance with this chapter and the California Fire Code, Chapter 47. When required by the enforcing agency for the purposes of granting modifications, a fire protection plan shaff be submitted. Only locaffy adopted ordinances that have been filed with the California Building Standards Commission or the Department of Housing and Community Development in accordance with Section 101.8 shaff apply. FIRE HAZARD SEVERITY ZONES are geographical areas designated pursuant to California Public Resources Codes Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code Sections 51175 through 51189. See California Fire Code Article 86. The California Code of Regulations, Titfe 14, Section 1280 entitles the maps of these geographical areas as "Maps of the Fire Hazard Severity Zones in the State Responsibility Area of California. " IGNITION-RESISTANT MA TERlAL is any product which, when tested in accordance with ASTM E84 bra period ofJOminutes, shall have a ffcme spread of not over 25 and show no evidence of progressive combustion. In addition, the ffame front shaff not progress more than 10Y; feet (3200 mm) beyond the centerline of the burner at any time during the test. Materials shaff pass the accelerated weathering test and be identified as Exterior type, in accordance with ASTM D2898 and ASTM D3201. All materials shall bear identification showing the fire performance rating thereof. That identification shall be issued by ICC-ESIICBO ES or a testing facility recognized by the State Fire Marshal having a service for inspection of materials at the factory. Fire-Retardant- Treated Wood or noncombustible materials as defined in section 202shaU satisfy the intent of this section. The enforcing agency may use other definitions of ignition-resistant material that reffect wildfire exposure to building materials and/or their materials performance in resisting ignition. LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE means an area designated by a local agency upon the recommendation of the CDF Director pursuant to Government Code Sections 51177(c), 51178 and 5118 that is not a state responsibility area and where a local agency, city, county, city and county, or district is responsible for fire protection. STATE RESPONSIBIUTY AREA means lands that are classified by the Board of Forestry pursuant to Public Resources Code Section 4125 where the financial responsibility of preventing and suppressing forest fires is primarily the responsibility of the state. WILDFIRE is any uncontrolled fire spreading through vegetative fuels that threatens to destroy life, property, or resources as defined in Public Resources Code Sections 4103 and 4104. WILDFIRE EXPOSURE is one or a combination of radiant heat, convective heat, direct flame contact and buming embers being projected by vegetation fire to a structure and its immediate environment. 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'::. :- .::: - Ii ~ It :- ~~~~ ~ '9- i 'JO ..:L. ~ '-' c >- ~ ~ 'J ~ tJ ,;<.I .~ 1: :::: ..c: "'- ~ ..c: .3: ~ 'fC (f ,,; :.; g 'J OJ >:.[; '.) '" '-' :3 'fC '-' <-2 ~ ~ c;:: ""2 < ~~ ...) ~ ~ " ~ - , - - ':: t ~] - -, ~~ - " ;:: ..... ~ ~ _ e.. 1 ! " - ~ ~ {~ :: ~ ~ .~ ~~ .~ c- :; ~ '"' eo lw t; S ~i. -:: ~ '~ ~ ;,..".- ~~ ::: ~ " - " - ~ S ~..:: i ! ~ " ~ ~ ~ ::: .;. ~ c ~ o ~ !: '- '- ~ c ;:: .:: ~ :-- - 5 [~ 1 fi lJ") 100' DEFENS.IBlESPACE . Why 100 Feet ? Following these simple steps can dramatically increase the chance of your Ilome surviving a wildfire! A Defensible Space of 100 feet around your home is required by law. 1 The goal is to protect your home while providing a safe area for firefighters. - Clearing an area of 30 feet immediately surrounding your home is critical. This area requires the greatest reduction in flammable vegetation. .~ "Reduced Fuel Zone." >:. - The fuel reduction zone in the remaining 70 feet (or to property line) will depend on the steepness of your property and the vegetation. Spacing between plants improves the chance of stopping a wildfire before it destroys your home. You have two options in this area: o Create horizontal and vertical spacing between plants. The amount of space will depend on how steep the slope is and the size of the plants. o Large trees do not have to be cut and removed as long as all of the plants beneath them are removed. This eliminates a vertical "fire ladder." When clearing vegetation, use care when operating equipment such as lawnmowers. One small spark may start a fire; a string trimmer is much safer. Remove all build - up of needles and leaves from your roof and gutters. Keep tree limbs trimmed at least 10 feet from any chimneys and remove dead limbs that hang over your home or garage. The law also requires a screen over your chimney outlet of not more than 12 inch mesh. 1. These regulations affect most of the grass, brush, and timber-covered private lands in the State. Some lire department jurisdictions may have additional requirements. Some activities may require permits for tree removal. Also, some activities may require special procedures for, 1) threatened and endangered species, 2) avoiding erosion, and 3) protection of water quality. Check with local officials if in doubt. Current regulations allow an insurance company to require additional clearance. The area to be treated does not extend beyond your property. The State Board of Forestry and Fire Protection has approved Guidelines to assist you in complying with the new law. Contact your local CAL FIRE office for more details. California Department of Forestry and Fire Protection Homeowners Chec · t I , .. ....~ ~... www.fire.ca.gov How To Make Your Home Fire safe I ~~ , 4 V'"- Y';. ..-/.' ,,~~ I{ s--~~ -~t ~~~L~ :, ..... '"'7 - '!IlK \'t.- '}~'c:_-; 'i-~?JC \Vt-.~~ ~~ ___ A .,~~~~~--:~ ~q'~'~$.-~1" __ -S~ / ~ ca.~~~rl- . \~~ ~ A JI;II!/I!~"\~~.'.."-'Iu#lI;;'f!... \, ;;Fe; lI'-;-.q ~--- ~ f=> L .".y,' ~---- ~~.c; ~ .;;.. ~.;--1^ \ ~ ~;r"vr r" =-.? ~ '"-"7 < ----~\ "'. "'- '(,1( -'L./fi. I'ft~/ ~'Y :;;C:. _ 7" tii;, lA (i,.i.. 117f1t' -'l, <- ~ !" ~y:: , );, ,J '''-. <<~ /~. ~"7ffi'LI"'V' '/ ~..~ 04"-'.') <' ..J <:2 ~<" 'z..~r/~.{!"I, .~J z-.. ~ ''1.~~....7.:''..^,~i"/Z,\vr ~ < ,;v~ ..~.s~,J\...~\'v!vv:::r- ~ 7""-....~.;A.~t{~ t/Nt;;.',~.~ /. ..:-.~(l:..VP:I!f~j"" ~'......,. ~.-"le I ~ ~ -- 74z.....1~ I f;l.11:(1w-. ~..-,,- \ ~ -:,.-v i/, '/ IV' ~S:-~f' ~ ___ ~- -- ..;- ./ . II^- .d I "Z-c J v ^ Ii.' '-.0' ____ ----~ --=- "t., "l. ~v V .--- (2.- I U'7- '. __---- ''-t..J ~/z.. ',>" _ ,-' \/ -- L~/'"\f' . 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'- O\i(~, I l.i.,/ ....'>. ,A S '1/11 \\\' 1 Kitchen _ Keep a working fire extinguisher in the kitchen _ Maintain electric and gas stoves in good operating condition _ Keep baking soda on hand to extinguish stove-top grease fires _ Turn the handles of pots and rans containing hot liquids away from the front 0 the stove _ Install curtains and towel holders away from burners on the stove _ Store matches and lighters out of the reach of children _ Make sure that electrical outlets are designed to handle appliance loads 2living Room _ Install a screen in front of fireplace or wood stove _ Store the ashes from your fireplace (and barbecue) in a metal container and dispose of only when cold _ Clean fireplace chimneys and flues at least once a year J-- - .)...- -- ~- .-->---~ _~- - ,i--- " - ~---- -_.-)...-~ ~---~ _ -->" .J'- - - "-- J..------ ......---- - "--- ...J'--- - - -- - .......-- ":>.- " ~ -- -- J(- v.. " 0~, ~~-0-" -.lv....w.!'..~;;:,...n 1_- ,;;.r''l.....,.......... . "a .1,' "- A .ttif. w'!fl y..; .~C"." ~ tIJ'-, _.,.k~;,t,,<,:,~ , 3 Hallway _ Install smoke detectors between living and sleeping areas _ Te~t smoke detectors monthly and replace batteries twiCe a year, when clocks are changed in the spring and fall _ Install child safety plugs (caps) on all electrical outlets _ Replace electrical cords that do not work properly, have loose connections, or are frayed 4 Bedroom _ If you sleep with the door closed, install a smoke detector in the bedroom _ Turn off electric blankets and other electrical appli- ances when not in use _ Do not smoke in bed _ If you have security bars on your windows or doors, be sure they have an approved quick-release mechanism so you and your family can get out in the event of a fire. '> -I ----"" -_:'l --- -............ -- . . '-..... -~~ ____ ./'."./1 v .. ~.-~- t\..Jl...- A-. v"""" -~_.. "- -':>1 -- - --, --- " -----j 1,-" t /' W _.- (,(.k A v.-' Ii ~.( / ~~ 5 Bathroom - Disconnect appliances such as curling irons and hair dryers when done; store in a safe location until cool - Keep items such as towels away from wall and floor heaters 6GQrage - Mount a working fire extinguisher in the garage - Have tools such as a shovel, hoe, rake and bucket available for use in a wildfire emergency - Install a solid door with self-closing hinges between living areas and the garage - Dispose of oily rags in @ (Underwriters Laboratories) approved metal containers - Store all combustibles away from ignition sources such as water heaters - Disconnect electrical tools and appliances when not III use - Allow hot tools such as glue guns and soldering irons to cool before storing - Properly store flammable liquids in approved contain- ers and away from ignition sources such as pilot lights I, " ,.[' ~-~ '\r- I' f .{/ t;,-,(' "v (, lV U. .--... '- /..J \) r-( A t:;~ i\ lC \/ ~ ~~" ,,->-> " ~. \..1 l)' &11~. . \"':\\J... . II ( .-- r'" ~ "'...... ?l\ 1-- . \ ,_ C;; 'I I 1'-"'- Co Iv .. "..L. \)\ v...' j ~ (., {.... .>\1. J ":::--./ J II -V Lv- ~ '", " ""'.. ~ ... \, l..w' oA . "\ r'I, A.t"" ""\.IV'" 1../ ~ 'I., vi.; ....- '" t I\'. Disaster Preparedness - Maintain at least a three-day supply of drinking water, and food that does not require refrigeration and generally does not need cooking - Maintain a portable radio, flashlight, emergency cooking equipment, portable lanterns and batteries - Maintain first aid supplies to treat the injured until help arrives - Keep a list of valuables to take with you in an emer- gency; if possible, store these valuables together - Make sure that all family members are ready to protect themselves with STOp, DROP AND ROLL - For safery, securely attach all water heaters and furniture such as cabinets and bookshelves to walls - Have a contingency plan to enable family members to contact each other. Establish a family/friend phone tree - Designate an emergency meeting place outside your home - Practice emergency exit drills in the house (EDITH) regularly - Outdoor cooking appliances such as barbecues should never be taken indoors for use as heaters OUTSIDE ~ (i] ~ ~ 1 Design/construction Consider installing residential sprinklers Build your home away from ridge tops, canyons and areas between high points on a ridge Build your home at least 30-100 feet from your property line _ Use fire resistant materials _ Enclose the underside of eaves, balconies and above ground decks with fire resistant materials _ Try to limit the size and number of windows in your home that face large areas of vegetation _ Install only dual-paned or triple-paned windows _ Make sure that electric service lines, fuse boxes and circuit breaker panels are installed and maintained as prescribed by code _ Contact qualified individuals to perform electrical maintenance and repairs 2 Access _ Identify at least two exit routes from your neighbor- hood Construct roads that allow two-way traffic Design road width, grade and curves to allow access for large emergency vehicles _ Construct driveways to allow large emergency equipment to reach your house _ Design bridges to carry heavy emergency vehicles, including bulldozers carried on large trucks _ Post clear road signs to show traffic restrictions such as dead-end roads, and weight and height limitations _ Make sure dead-end roads, and long driveways have turn-around areas wide enough for emergency vehicles Construct turnouts along one-way roads Clear flammable vegetation at least 10 feet from roads and five feet from driveways _ Cut back overhanging tree branches above roads _ Construct fire barriers such as greenbelts _ Make sure that your street is named or numbered, and a sign is visibly posted at each street intersection _ Make sure that your street name and house number are not duplicated elsewhere in the county _ Post your house address at the beginning of your driveway, or on your house if it is easily visible from the road 3 Roof _ Remove branches within 10 feet of your chimney and dead branches overhanging your roof Remove dead leaves and needles from your roof and gutters December 2001 - Install a fire resistant roof. Contact your local fire department for current roofing requirements - Cover your chimney outlet and stovepipe with a nonflammable screen of 1/2 inch or smaller mesh 4 landscape _ Create a "defensible space" by removing all flammable vegetation at least 30 feet from all structures _ Never prune near power lines. Call your local utility company first _ Landscape with fire resistant plants _ On slopes or in high fire hazard areas remove flam- mable vegetation out to 100 feet or more _ Space native trees and shrubs at least 10 feet apart _ For trees taller than 18 feet, remove lower branches within six feet of the ground _ Maintain all plants by regularly watering, and by removing dead branches, leaves and needles Before planting trees close to any power line contact your local utility company to confirm the maximum tree height allowable for that location 5 Yard .:;, L-.. ~ "- ~ <'-/" _ Stack woodpiles at least 30 feet from all structures and remove vegetation within 1 0 feet of woodpiles Locate LPG tanks (butane and propane) at least 30 feet from any structure and maintain 1 0 feet of clearance Remove all stacks of construction materials, pine needles, leaves and other debris from your yard _ Contact your local fire department to see if open burning is allowed in your area; if so, obtain a burning permit _ Where burn barrels are allowed, clear flammable materials at least 1 0 teet around the barrel; cover the open top with a non-flammable screen with mesh no larger than 1/4 inch 6 Emergency Water supply _ Maintain an emergency water supply that meets fire department standards through one of the following: a community water/hydrant system a cooperative emergency storage tank with neighbors a minimum storage supply of 2,500 gallons on your property Clearly mark all emergency water sources Create easy firefighter access to your closest emergency water source _ If your water comes from a well, consider an emer- gency generator to operate the pump during a power failure ,..J ..... .~ t.,-,~ - ",-' ~ "( \.i Flex r:r~' you:r~. F:Q~]:lr CITY OF ~ LAKE ,5,LSiNORJ; V DREAM EXTREME", TO: REPORT TO PUBLIC SAFETY ADVISORY COMMISSION CHAIRMAN AND BOARDMEMBERS MARK DENNIS INFORMA TION/COMMUNICA TIONS MANAGER MARCH 12, 2008 FROM: DA TE: SUBJECT: ORDINANCE REGULATING HIGH SPEED ZONE; SAFETY INSPECTION ISSUES Backaround Following the Commission's study session on February 21, 2008, City staff was requested to prepare an ordinance amending the existing speed restrictions within the Lake's high speed zone. In connection with the regulation of the high speed zone, the Commission has also inquired as to whether the City could restrict the age of boat operators. Finally, questions were raised as to whether the City could legally require the safety inspection of boats prior to launching into the Lake and whether such inspection, if negligently done, could result in liability to the City. Discussion Speed Limit: The attached draft ordinance proposes no speed limit for the first two hours after sunrise and imposes a 150 mph speed limit thereafter in the high speed zone (unless a special event permit has been issued). On weekends and holidays beginning in May and ending in September, the speed limit in the high speed zone is restricted to 35 mph. The City Attorney's office is concerned that this multi-tiered approach may create confusion and would request that the Commission carefully review the draft ordinance to ensure that it is sufficiently clear and consistent with the Commission's direction. Ordinance Regulating High Speed Zone March 12, 2008 Page 2 AQe Limit. The Commission has discussed potential age restrictions on boat operators using the Lake. With respect to age restrictions, Section 9.96.220 currently requires that watercraft with motors greater than 15hp and sailboats exceeding 30-feet in length must be operated by persons at least 16 years old. Operators between the ages of 12 and15 must have a person 18 or older on board for supervision. This provision mirrors state law. The City's ability to regulate vessel on the Lake is limited by California Harbors and Navigation Code section 660. Subdivision (a) of that statute provides in pertinent part: "Any ordinance, law, regulation, or rule relating to vessels, which is adopted .., by any entity other than the department [of Boating and Waterways], including ... any... city ... shall, notwithstanding any other provision of law, pertain only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control...." Based on the case law, it does appear that cities have the most leeway with respect to "special use areas" (so long as boating is allowed in some meaningful manner). If the Commission is inclined to go forward with an age restriction, the City Attorney's office would advise a conservative approach to imposing the age restriction in only the high speed zone (i.e., operators going in excess of 35 mph must be 16 or 18 years of age). Draft language is included in the attached ordinance. I nspections/Liabilitv The resolution of the issues related to safety inspections will depend on how the City decides to proceed with the ramp coordination. In connection with that discussion, the City Attorney's office believes the Commission may benefit from the following overview. Section 9.96.160 of the Municipal Code provides that a "City peace officer ... may inspect any vessel or boat at any time for compliance with applicable law .... Any person who refuses such inspection shall immediately remove his vessel from the waters... ." Two issues have been raised with respect to inspections of boats prior to launch. First, does this constitute an improper search in violation of the Fourth Amendment? And secondly, would a negligent inspection be grounds for liability? There is no case law in California concerning pre-launch inspections of boats. The City Attorney's office believes that pre-launch boat inspections are likely subject to the same rules as vehicles - the search (inspection) must be predicated on probable cause. A potential alternative is to require boat operators to show proof of a voluntary safety inspection before utilizing the boat launch. Another alternative is to require that the Ordinance Regulating High Speed Zone March 12, 2008 Page 3 operator simply show that he or she has certain safety equipment that can be easily viewed without an inspection - such as PFDs and fire extinguisher. With respect to potential liability arising from a "negligent" inspection, the City would generally be entitled to immunity regarding inspections. It is less clear as to whether the current launch operator would be entitled to such immunity and may be reluctant to engage in an inspection process. Fiscal Impact A total cost estimate will be presented at the PSAC meeting. Costs associated with any changes to the High Speed Ordinance include updating posted signs, replacement buoy signage and reprinting the annual lake pass and lake rules brochure. Recommendation A. Finalize proposed High Speed Zone Ordinance amendments for City Council consideration; B. Take Safety Inspection issues presented by legal counsel under advisement. Prepared by: David H. Mann Assistant City Attorney ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE WHEREAS, the City desires to provide various recreational uses on the waters of Lake Elsinore; and WHEREAS, such divergent recreational uses may present inherent safety issues requiring the City to regulate the time, place and manner of such uses so that all recreational uses have a reasonable opportunity to enjoy the benefits of the Lake in a safe manner; and WHEREAS, the City seeks to regulate vessels in a special use areas commonly known as the high speed zone in order to insure safe operation of boats within that zone; and WHEREAS, the City Council wishes to amend Section 9.96.120 of the Lake Elsinore Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 9.96.120 of the Lake Elsinore Municipal Code shall be amended as follows: C. From sunrise and for two (2) hours thereafter, there is no designated speed limit in the high speed zone, except as provided in Subpart E. D. From two (2) hours after sunrise until sunset, the maximum allowable boat speed limit within the high speed zone is one-hundred fifty (150) miles per hour, except as provided in Subpart E. E. The maximum allowable boat speed limit shall be thirty-five (35) miles per hour within the high speed zone every Saturday and Sunday beginning with the first Saturday in May and ending on the last Sunday in September, Memorial Day, Fourth of July, and Labor Day. F. Notwithstanding Subpart 0, a person may operate a boat within the high speed zone at a speed in excess of one-hundred fifty (150) miles per hour when authorized pursuant to a special event permit as provided in Chapter 5.73. G. A person operating a boat travelling in excess of thirty-five (35) miles per hour within the high speed zone shall be not less than 16 [18] years old. Ordinance re HSZ 030508 1 SECTION 3. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this _ day of , 2008, upon the following roll call vote: DARYL HICKMAN MAYOR ATTEST: VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD, CITY ATTORNEY 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the _th day of . 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: VIVIAN M. MUNSON CITY CLERK 3 CITY OF ~ LAKJ; 6LSiNORJ: ,.... . I ~~ DREAM E;(TREMElIl TO: REPORT TO PUBLIC SAFETY ADVISORY COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: MARK DENNIS INFORMA TION/COMMUNICA TIONS MANAGER DATE: MARCH 12, 2008 SUBJECT: BOATER KNOWLEDGE OF REGULATIONS AND BOATING SAFETY EQUIPMENT VERIFICATION Backaround On February 21st the PSAC held a Study Session regarding a "Needs Assessment for a Launch Ramp Coordinator", with the general goal for creating this new position to... "Increase public safety through increased boater knowledge of boating regulations and verify required boating safety equipment prior to launching. " Although there was consensus among the Commissioners for obtaining the goal, there was considerable discussion on the method of achieving the goal. The PSAC directed City Staff to summarize alternatives and specify the basic boating safety equipment to be verified. Discussion The first objective of the stated goal is to increase the boater's knowledge of boating regulations, especially regulations that are specific to Lake Elsinore. The means to accomplish this objective are: 1. Develop a Boater Orientation and Safety Check-in Script for all commercial boat launch facilities to utilize when purchasing passes. a. Provide City's "Lake Use Regulations" brochure to all boaters. b. Remind boaters of important safety information printed on the Daily Lake Use Pass. c. May include developing a Basic Boating Safety Equipment or Pre-Launch Checklist to be handed to all boaters at point of purchase. Boater Knowledge of Regulations and Boating Safety Equipment Verification March 12, 2008 Page 2 PSAC Decision Point: Should all boaters utilizing lake Elsinore be required to sign an acknowledgement that they've received or declined a copy of the City's lake Use Regulations brochure? There are two proposed alternatives to verify that boaters have onboard the basic boating safety equipment prior to launching their vessel, which are: Alternative # 1 - Verbal questioning by Regular Boat Launch Staff. a. May be supplemented with spot inspections by the Sheriff's Lake Patrol. b. Includes courtesy inspections by U.S. Coast Guard Auxiliary. c. Includes the sale of basic safety equipment at the boat launch. Alternative #2 - Physical inspection by Sheriff's Community Services Officer (CSO). a. Includes the sale of basic safety equipment at the boat launch. Basic Boatinq Safety Equipment List: 1. Personal Floatation Device (PFDs): a. One properly sized PFD for every person onboard. b. One throwable PFD, such as a floating cushion or ring. 2. Fire Extinguisher (Type B-1). 3. Visual Distress Signal, such as a red or orange flag. 4. Sound Signaling Device, such as a horn or whistle. Potential Duties of a Sheriff's Community Services Officer (CSO): 1. Act as "Launch Ramp Safety Coordinator" at Seaport Boat Launch and Elsinore West Marina. 2. Physically inspect vessels for required boating safety equipment. a. Use discretion to expand inspection into other safety concerns. 3. Verbally question and instruct boater on boating regulations. 4. Assist with boat launching at public boat launch. 5. Coordinate shore based law enforcement with Sheriff's Lake Patrol. Boater Knowledge of Regulations and Boating Safety Equipment Verification March 12,2008 Page 3 Summary Table of Alternatives: Item Description Sheriff's CSO Yes Yes Yes Yes Regular Boat launch Staff Yes No Yes Yes Hi h Hi h Low - Mod Hi h Hi h Moderate Moderate Hi h Low Low PSAC Decision Point: Do the Commissioners recommend the City Council fund additional Sheriff's Community Service Officer position estimated at $80,000 per year and increase revenue to fund the new position by increasing the fee for the Daily Lake Use Pass by $3.00? Fiscal Impact Minimal fiscal impact to implement Alternative #1, with verbal verification and spot/courtesy inspection of boating safety equipment. Implementation of Alternative #2, with physical inspection of boating safety equipment by funding new Sheriffs CSO position will result in an annual expenditure estimated at $80,000. This increased expenditure would be entirely offset by an increase in revenues if the fee for the Daily Lake Use Pass is increased by $3.00. Recommendation Staff's recommendation is below; it is recommended that the PSAC evaluate the two alternatives presented in this report in making its final recommendation. 1. City Staff favors developing Boater Orientation and Safety Check-in procedures for all commercial boat launch facilities, without obtaining the signature of the boater for receipt of "Lake Use Regulations". 2. City Staff recommends implementing Alternative #1 and evaluating success of achieving goal during the year. Boater Knowledge of Regulations and Boating Safety Equipment Verification March 12, 2008 Page 4 Prepared by: Mark Dennis Information/Communications Manager .. r..v/.tiP""JP~iWA"~-QiW~'-"'A#~.IMi'l~~~A#/A~L44I'7H/..wY~~4P~...,y*#W'M~'illl'7Aw'.J~"'~MoWW~~W#i'ifI'Y~~#/A""A_II4t'W__;f!"'/~/_.~..w""'.JlW'MW/..w-:#f*Y~ ~ ~ I CITYOF4... i ~.~ LAKE LSIrtORE I ~ ' ..1 ~ ~ Y DREAM E,XTREMEm i ~ ~ ~ I I BOAT LAUNCH FAClUTY I I Boot~r Qriel"ltatiol'l &Sa"F.t Check I I · Greetino. - Goodmoming tor a_moon) and I ~ . Fe.eIOformation: ~ ~ 0 $10 p(!jrboat for a Dally LakelJse Pea ~ ~. 0 PIIiI$ $10 per trailer forbot1tlalilnc' ~ ~ l ~ · Boater' Orientation: , . i ~ 0 To enIJurepublic $afetythe'Ql'Oed by the . ~ ~ Sheriffs Lake Patrol. Herels ' " prJeaseread ~. , ' . . .... ~ j pricJt to rJaufJi';l1itlg. , '. .. i ~ 0 Here's your Dailytakeld$e Pa~ .. ..... . ration printfld I ~ on thep8$$,so pI ad. "1hls kemonthe use/stslltimes. I ! 0 Please n.ote the travel on fh is counte,...clooklNisel I ~ l ~ ~ ~ I i ~ ~. ll~ ~ (PFO)} for evetyone i ~ I Evef9z'Chtld 11 yea' rid and ger m ear a UfeJaclcet at all time$ when ~ ~~! the vesse/~i1J;~nde/'i\,.,~DO yo e enough (lhlldsized Lifejackets? I ~ aye a'lf!,@ifblfillt~W ype-llI) PrO device, such as a floatin.g I ! ring or ,,,hion?I',, ^ I I Do you ha' . ., lealft'f/I'e Type B-1 Fire Extinguisher rated for marine use? I ~ 01.1 have S'VJ.SUSI .. Sign.al device onboard~ sueh as an orang. flag? I l ~ ~ ~ Do have a I1d Ilgnaling Dev;t)e otllJoattf, sUt)h asa horn,whistl. or ; S ~n ~ ~ .~. It -Boat ~ ~o Isyourb ? . (ElQat .plUgs for Sate). I i 0 Plet1sedoQP.totbe".O.clrt I. ~ 0 Please proce_to.',..bO/JIstaflingsreallJnd prepti.re your bot1t for launching. ~. I '. Re~'!ll1berfC)Removeallb.a"~p$andDOv.l$and .1 :.~......' · 40a' al1pet'Sontllitemsonboard(r:;o:o/et'S;picnic suppll., e.'c...). .~. ~ 0 The Ramp Coordinator will direct you when ilnd what lane to launCh.: ~ . Have. a Great Dayl I ~.i~. The Sh~rtfl'l\ Ulke Pa\('<)\i$ ~ willlll1il ~ofb<>alln9l1SfloIy on Lake !I~' ~ Elsinore. The Sheriffs enforce aI/laws t:lndregult:ltions oHhe-St$te of California. The City . andS~riffs reserve the right to refuse launching of any vessel for safety reasons. ~ i! ~ . . . . I {6t?/.Nf'JI';-;tYM"'~/"/~/"I;l7.i11J'~"AM'/~'A7/~/,,(!#,br,"''-Y'Ah:'iJI/r''.1'/4r'>'I'4IJI'/d/.lfXJfllr.'1I1/;fIYI''~:AY~4/I"'....'d!"/"tWA1fi#/A"1'#.d/I'NJY~~~#/*.tI/!lJIi'/.4W14IIf'~~~'.;jJ!?1#'Al1?AiI'X"/#I~jW~~~hP/.AfIl:;,y4i~