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HomeMy WebLinkAboutCC AG PKT 2003-04-14 #AA 0,- AGENDA REPORT d o DATE April 14, 2003 TO Honorable Mayor and City Council THRU John B Bahorski, City Manager FROM Lee Whittenberg, Director of Development Services SUBJECT RESPONSE TO ORANGE COUNTY GRAND JURY REPORT — "WOOD ROOFS ARE DANGEROUS" and INTRODUCTION OF ORDINANCE AMENDING BUILDING CODE RE ROOF ASSEMBLIES SUMMARY OF REQUEST Introduce Ordinance No , An Ordinance of the City of Seal Beach Amending Section 5 30, Number 35, Table 15A, of Chapter 5, Article 1 of the Code of the City of Seal Beach, Composing Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code Authonze Mayor to execute the required response letter to the Orange County Grand Jury Report entitled "Wood Roofs Are Danger ous" BACKGROUND On February 10, 2003 the Orange County Grand Jury released a report titled "Wood Roofs Al e Danger ous ", provided as Attachment 3 This report reviews the current requirements of each permitting jurisdiction within Orange County regarding the installation and replacement of wood roofs and concludes that "The thirty five different junsdictions within Orange County currently require three different classifications for roof A uniform building code for roof construction needs to be established throughout Orange County to protect public safety, and the lives and property of the individual homeowner based on the unique climatic conditions caused by topographical conditions " Wood Roofs Are Danger ous Orange County Grand Jury Report February 10 2003 page 1 Agenda Item C \Documents and Settings \LWhtttenberg \My Documents \ BUILDING \Grand Jury Response Wood Roofs CC Staff Report doc \LW\04 -02 -03 Ch Council Staff Repoi tie Response to Oi ange County GI and Jun Repoi t Wood Roofs Ai e Dangerous 4 1114 200i "Findings" and "Recommendations" are provided on pages 9 and 10 of the Report and the Grand Jury Report requires the cities within the County to respond to those specific "Findings" and "Recommendations" As set forth in the Grand Jury Report, Recommendation 2 is applicable to the City of Seal Beach and states "Each responding junsdictional agency should consider amending the building code to require the most fire retardant class of roof covenng (Class A) for re- roofing of all residential structures (Class A) in all fire zones, when more than 50 percent of the roof is replaced within one year (Findings 1 through 4) " The proposed ordinance would revise the current requirements of the City regarding re- roofing to require a Class A roof assembly for re- roofing and additions on all residential structures when more than 50 percent of the roof is replaced or added onto within a one year time penod All other re -roofs and additions shall have a minimum Class B roof assembly The City currently requires any re- roofing or addition in excess of 40% of the existing roof to be a Class B assembly Provided below are the existing and proposed language regarding this action Existing Requii enzents legal ding Roof Assembhes (Adopted September 23, 2002, Oi dinance No 1488) "Table 15 -A is deleted and following substituted Table 15 -A Minimum Roof Class Occupancy Roofing All Class A EXCEPTION Re -roofs and additions which shall have minimum Class B roof assemblies Pi oposed Requii ements regal ding Roof Asseinbhes "Table 15 -A of the California Building Code is hereby amended to read as follows ' Op Cit page 10 G-and Jul) Response Wood Roofs CC Staff Report 2 City Council Staff Repot t re Response to Oi ange County Gland Juiy Report Wood Roofs Are Dangerous April l4 2003 Table 15 -A Minimum Roof Class ' Occupancy Roofing All Class A EXCEPTION Class A roof assemblies shall be required for re- roofing and additions on all residential structures when more than 50 percent of the roof is replaced or added onto within a one year penod All other re -roofs and additions shall have minimum Class B roof assemblies ' As indicated above, the City currently requires all new roof assemblies to be a Class A roof assembly This current provision complies with Grand Jury Recommendation 1, and the City is not required to respond to this Recommendation of the Grand Jury Report In response to the required responses to the Report, Staff has prepared the following items for City Council consideration ❑ Ordinance No , An Ordinance of the City of Seal Beach Amending Section 5 30, Number 35, Table 15A, of Chapter 5, Article 1, of the Code of the City of Seal Beach, Comprising Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code ❑ Draft Response Letter to the Orange County Grand Jury Report entitled "Wood Roofs Are Dangerous" It should be noted that "wood roofs" would still be permitted if they comply with the requirements necessary to meet the "Class A" rating required to comply with the proposed language revisions The rating of the shingle and the underlying "roof assembly ", as a complete installation, must comply with the provisions of the appropnate building code provisions FISCAL IMPACT Incremental cost increase for re- roofing that might occur due to the increased cost of providing a Class A roof assembly, as opposed to the currently required Class B roof assembly for any re- roofing or addition project that would exceed 50% of the existing roof area of a property RECOMMENDATION Introduce Ordinance No , An Ordinance of the City of Seal Beach Amending Section 5 30, Number 35, Table 15A, of Chapter 5, Article 1, of the Code of the City of 3 Grand Jury Response Wood Roofs CC Staff Report City Council Staff Repoi t le Response to Oi ange County Gi and Juw Report Wood Roofs At e Dangerous Apt it 14 2003 Seal Beach, Comprising Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code Authonze Mayor to execute the required response letter to the Orange County Grand Jury Report entitled "Wood Roofs Ai e Danger ous" NOTED AND APPRO D tr ' Whittenberg Jo •. v': Bahorski Director of Development Se ces Manager Attachments (3) Attachment 1 Ordinance No , An Ordinance of the City of Seal Beach Amending Section 5 -30, No 35, Table 15 -A, of Chapter 5, Article 1, of the Code of the City of Seal Beach, Comprising Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code Attachment 2 Draft Response Letter to the Orange County Grand Jury Report titled "Wood Roofs Are Dangerous" Attachment 3 "Wood Roofs Are Dangerous ", Orange County Grand Jury Report, February 10, 2003 4 Grand Jury Response Wood Roofs CC Staff Report City Council Staff Repot tie Response to Oi ange Count} Gland Jun Repot t Wood Roofs Ai e Dangerous Apt 11 14 2003 ATTACHMENT 1 ORDINANCE NO , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 5 -30, NO 35, TABLE 15 -A, OF CHAPTER 5, ARTICLE 1, OF THE CODE OF THE CITY OF SEAL BEACH, COMPRISING PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, THE 2001 CALIFORNIA BUILDING CODE 5 Grand Jul) Response Wood Roofs CC Staff Report 6'- Cit Council Staff Repoit re .- ®C 3 Response to Orange County Grand Juiy Repot t Wood Roofs Al e Danger ous Api 11 14 2003 ORDINANCE NO AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 5 -30, NO 35, TABLE 15 -A, OF CHAPTER 5, ARTICLE 1, OF THE CODE OF SEAL BEACH, COMPRISING PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, THE 2001 CALIFORNIA BUILDING CODE WHEREAS, California Health and Safety Code Section 17958 7 authonzes cities to adopt the Codes with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions, and WHEREAS, the 2002 -2003 Orange County Grand Jury released a report entitled "Wood Roofs At Danger ous" on February 10, 2003 This report reviews the current requirements of each permitting junsdiction within Orange County regarding the installation and replacement of wood roofs and concludes that "The thirty-five differ ent jurisdictions within Or ange County currently 1 equire three different classifications for 1 oof A uniform building code for roof construction needs to be established thr oughout Or ange County to pr otect public safety and the lives and pr open ty of the individual homeowner based on the unique clunatic conditions caused by topogr aphical conditions ", and WHEREAS, as set forth in the Grand Jury Report, Recommendation 2 is applicable to the City of Seal Beach and states "Each 1 esponding jurisdictional agency should consider amending the building code to 1 equu e the most fir e 1 etardant class of roof covering (Class A) for 1 e -i oofing of all 1 esidential structur es (Class A) in all fir e zones when mol than 50 per cent of the 1 oof is r eplaced within one year (Findings 1 through 4)" and WHEREAS, the City of Seal Beach desires to amend the Codes to assure that their provisions are tailored to the particular safety needs of the City of Seal Beach as required by its unique climatic, geological and topographical conditions, and in response to the 2002 -2003 Orange County Grand Jury Report entitled "Wood Roofs Are Danger ous" 6 Grand Jun Rcsnonse Wood Roofs CC Staff Report City Council Staff Report re Response to Orange County Grand Jury Repot t Wood Roofs Ore Dangerous April 14 2003 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS Section 1 Section 5 -30, No 35, Table 15 -A, of Chapter 5, Article 1, of the Code of Seal Beach, as adopted pursuant to Chapter 5, Article 1, Section 5 -1 is hereby amended as follows "SECTION 5 -30 CALIFORNIA BUILDING CODE AMENDMENTS Table 15 -A of the California Building Code is hereby amended to read as follows Table 15 -A Minimum Roof Class Occupancy Roofing All Class A EXCEPTION Class A roof assemblies shall be required for re roofing and additions on all residential structures when more than 50 percent of the roof is replaced or added onto within a one year period All other re -roofs and additions shall have minimum Class B roof assemblies Section 2 Findings To the extent that the following change to the Codes is deemed more restrictive than the standards contained in the Codes, thus requiring findings be made pertaining to local conditions to justify such modifications, the City Council hereby finds and determines that the following change is reasonably necessary due to local climatic, geological and topographical conditions Table 15 -A of the California Building Code 1 This amendment is reasonably necessary because of the following local climatic and topographical conditions a The City of Seal Beach is located adjacent to a major mountain range, which creates extreme wind conditions (Santa Ana winds) and severe fire dangers These climatic and topographical conditions cause extreme drying of vegetation and wood roofing matenals and predispose the area to large, destructive fires Section 3 CEQA The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment since it adopts updated building and safety standards, which the City had previously adopted in substantial form This, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act ( "CEQA ") pursuant to Section 15061(b)(3) of the CEQA Guidelines Staff is Gland July Response Wood Roots CC Staff Report Cit Council Stuff Repot t 1 e Response to 01 ange Count GI and July Report Wood Roofs Al e Danger oils 4p11114 2003 Quality Act ( "CEQA ") pursuant to Section 15061(b)(3) of the CEQA Guidelines Staff is directed to file a Notice of Exemption with the Orange County Clerk's Office within five (5) working days of the approval of this ordinance Section 4 If any section, subsection, subdivision, paragraph sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be mvalid, such invandtty shall not affect the validity of the remaimng portions of this ordinance or any part hereof The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection subdivision, paragraph sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared mvalid PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003 Mayor CITY OF SEAL BEACH ATTEST City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an ongmal copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2003, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the followmg vote 8 Grand Jury Responsc Wood Roofs CC Staff Repoli Cm, Council Staff Repoi t i e Response to 01 ange Counts GI and Jury Report Wood Roofs Ai e Dangerous April14 200.E AYES Councilmembers NOES Councilmembers ABSENT Councihnembers ABSTAIN Councihnembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836 City Clerk 9 Grand Jun Response Wood Roofs CC Staff Report Cm Council Staff Repo/ t le Response to Oa ange Count) Gland JIM/ Repoi t Wood Roofs Are Dangerous App cl 14 2003 ATTACHMENT 2 DRAFT RESPONSE LETTER TO THE ORANGE COUNTY GRAND JURY REPORT TITLED "WOOD ROOFS ARE DANGEROUS" 10 Grand Jury Response Wood Roofs CC Staff Report City Council Staff Report re Response to Oi ange County Grand Jury Repoi t Wood Roofs Are Dangerous Api it 14 2003 Apnl 15, 2003 Carlos N Olvera, Foreman 2002 -2003 Orange County Grand Jury 700 Civic Center Drive West Santa Ana, CA 92701 Subject CITY OF SEAL BEACH RESPONSES TO ORANGE COUNTY GRAND JURY REPORT "WOOD ROOFS ARE DANGEROUS" Dear Foreman Olvera This letter is the formal reply to the 2002 -2003 Orange County Grand Jury Report entitled "Wood Roofs Ai e Dangerous ", in compliance with Penal Code Section 933(a) and(b) As to Findings 1 through 4 of the Report The City of Seal Beach is in general agreement with the Findings As to Recommendation Number 2, to which the City of Seal Beach is required to respond The City of Seal Beach considered and introduced on Apnl 14, 2003, Ordinance No , An Ordinance of the City of Seal Beach Amending Section 5 -30, No 35, Table 15 -A, of Chapter 5, Article 1, of the Code of the City of Seal Beach, Compnsing Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code This ordinance will be scheduled for second reading and adoption on April 28, 2003 and will become effective 30 days thereafter, absent any legal challenge This ordinance amends the current building code provisions to require, at a mimmum and in conformance with Grand Jury Recommendation 2, the most fire retardant class of roof covenng (Class A) for re- roofing of all residential structures (Group R) in all fire zones, when more than 50 percent of the roof is replaced within one year A copy of the adopted ordinance will be forwarded to your office by the City Clerk after adoption on Apnl 28, 2003 If you have any questions on this matter, please contact Mr Lee Whittenberg, Director of Development Services Mr Whittenberg can be reached at (562) 431 -2527, extension 313, or by e -mail at lwhittenberg @ci seal -beach ca us 11 Grand Jury Response Wood Roofs CC Staff Report City Council Staff Repot t i e Response to Oi ange County Gi and Jury Repoi t Wood Roofs At e Dangei ous Apia 14 2003 Sincerely, John Larson Mayor, City of Seal Beach Distnbution City Council City Manager City Attorney Director of Development Services Building Official 12 Grand Jury Response Wood Roofs CC Staff Report Cite Council Staff Repo, t i e Response to Oi ange County Grand Jury Repot t Wood Roofs Ai e Dangei ous April 14 2003 ATTACHMENT 3 "WOOD ROOFS ARE DANGEROUS ", ORANGE COUNTY GRAND JURY REPORT, FEBRUARY 10, 2003 13 Grand Jury Response Wood Roofs CC Staff Report ORANGE COUNTY GRAND JURY 700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 •714/834 3320 FAX 714/834 5555 CI t , c SAL EACH F ebnlary 4 2003 John Larson Mayor Seal Beach F t s" 21r 3 City Hall p 211 8 St Seal Beach, C k 90740 CI=V 1 Or f � ICES Dear Mayor Larson Attached is a copy of the 2002 -2003 Orange County Grand Jury report, Wood Roofs are Dangerous Pursuant to Penal Code 933 05(f) a copy of the report is being provided to you two working days pnor to its public release Please note that No officer, agency department or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report Emphasis added It is required that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933 05(a) and (b), copy attached For each Grand Jury recommendation be sure to describe the implementation status, as well as providing a schedule for future implementation In addition, by the end of March of each subsequent year please report on the progress being made on each recommendation accepted but not completed These annual reports should continue until all recommendations are implemented It is requested that the response to the recommendations be mailed to Frederick P Horn, Presiding Judge of the Superior Court, 700 Civic Center Dnve West, Santa Ana, CA 92701, with a separate copy and an electronic format (PDF preferred) mailed to the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date February 10, 2003, in compliance with Penal Code 993 copy attached The due date then is May 12, 2003 Should additional time for responding to this report be necessary for further analysis Penal Code 933 05(b)(3) permits an extension of time up to six months from the public release date Such extensions should be advised in writing, with the information required in Penal Code 993 05(b)(3), to the Presiding Judge of the Superior court, with a separate copy to the Grand Jury Very truly yours Cdr AA, Cclu).Q., -cam Carlos N Olvera Foreman CNO gc 2002 -2003 ORANGE COUNTY GRAND JURY Attachments Grand Jury Report Penal Code 933, 933 05 GRAND JURY REPORT WOOD ROOFS ARE DANGEROUS Summary Roofs on many residential structures are installed using wood shakes or shingles as an architectural feature Wood roofs are very susceptible to fire from various sources Firebrands, or burmng embers, from roofs themselves, can fly in high Santa Ana winds causing adjacent structures to burn The resulting conflagration could then encompass entire blocks of structures The most recent local fire of note is the Laguna Beach fire of 1993 that destroyed 366 homes The wood shingle industry developed wood roofing matenals, which are labeled as fire retardant, to meet increased building code requirements However, firestonns continued on non - treated roofs As fire resistance of treated roofs came into question, some governmental agencies banned the use of wood roofs entirely This was followed by lawsuits brought by the industry Building codes have been established to protect those homes within wildland areas from firestonns Yet, fires have occurred in urban areas where flying firebrands have started additional fires Insurance companies are now beginning to recognize the inherent dangers of wood roofs and may impose a premium for such a roof, or simply refuse coverage The average number of fires involving wood roofs as the ongin in Orange County is 40 fires per year for the period 1991 to 1999 The choice of products for a new roof is vaned, as is the cost However, the expense may be equivalent between choices when upgrading to the more resistant Class A construction if considering the life of the roof material But the choice of roofing matenals is only one element in fire safety for protecting one's precious home filled with years of memones The debate continues as to the suitability of wood roofs, treated or not, in residential areas The climate of Orange County becomes an even more cntical factor The high velocity and low humidity Santa Ana winds, which occur every fall, present a very unique condition that potentially supports a conflagration and requires the highest class of fire resistant roofing systems The thirty five different junsdictions within Orange County currently require three different classifications for roofs A uniform building code for roof construction needs to be established throughout Orange County to protect public safety and the lives and property of the individual homeowner based on the unique climatic conditions caused by topographical conditions 1 Introduction t, . .; _ n ._ Orange County's eastern border is the Cleveland National * r 4 Forest and has undeveloped areas of natural wildlands """'" 1. Generally, residential developments in or near these areas ;,' have building requirements that include non - combustible or ` fire - retardant roofs The perceived goal of these requirements has been to protect the structure itself -44;, However, several fires hal/ e shown that burning firebrands 11*- ``" - " from roofs travel great distances to other structures and ignite new fires The adoption and implementation of new building codes is a slow and arduous process that often is only prompted by additional fire losses Local governing bodies must be continually reminded of the potential for huge fire losses in the urban- wildland interface What has been learned is that conflagrations in urban areas can be as disastrous as structure fires adjacent to wildlands What needs to be considered is not just the combustibility of an individual roof, but the conflagration hazard in urban areas caused by several different fire sources Low annual rainfall, combined with dry Santa Ana winds, can contnbute to a disastrous situation for any fire History has shown that these wind conditions can take a seemingly innocuous file, even under control, and spread firebrands to structures with wood roofs causing great real and personal property loss Although an argument can be made to ban all wood roofs, the current standard (California Building Code) only recognizes vanous classes of fire resistant roofs The Grand Jury recommends that cities and Orange County consider adopting amendments to the California Building Code, or modifying their local building codes, adding the most stringent class of roofs for new construction, based on the unique climatic and topographical conditions of Orange County Method of Study A study was conducted of the mayor residential structure fires in Orange County and California that involved wood roofs A review was made of the California Building Code (Chapter 15, Section 1503 and Table 15 -A) requirements for the use and replacement of residential roofs The study and review were compared to the local building codes of the incorporated cities of Orange County and Orange County unincorporated area The codes of the thirty -five junsdictional entities have been tabulated to compare the unifoiiinty throughout Orange County Recommendations of the Orange County Fire Authonty as well as all 35 governmental junsdictions were solicited to arrive at a consistent building code requnement for roofs throughout Orange County Local suppliers of roofing matenals were contacted to obtain average material companson costs Background This study reviews the need for a change in the local building code for residential roof construction (Group R), the effect local environment has on these codes, and the impact on the industry With these considered, an improved local building code can then be proposed The Pi oblem Several fires in Orange County have occurred in residential areas due to various sources They then rapidly spread to adjacent homes by means of flying embers landing on the popular cedar wood shake or shingle roofs caused by high winds Table 1 lists a partial summary of fires involving wood roofs including urban- wildland interface files Table 1 Residential Wood Roof Fires Date Place Structures Comments November 20 2002 Costa Mesa CA 2 Winds carried embers to house next door August 19 2002 San Jose CA 34 Construction fire 1/2 mile from apt fire October 16 1997 Baker fire East Orange County 1 130 mph Santa Ana winds October 23 1996 Oceanside CA 9 One in the middle survived with a tile roof October 21 1996 Lemon Heights CA 29 Down power line 71 mph Santa Ana winds October 21 1996 Malibu CA 20 3 deaths October 27 1993 Laguna Beach CA 366 Started In midland area October 20 1991 Oakland CA 2 886 25 deaths 150 inured March 14 1988 Davis CA 29 Burning embers ignite adjacent structures June 26 1986 Santa Barbara CA 1 Class B pressure treated roof April 21 1982 Anaheim CA 550 118 fire companies responded 1993 Laguna Beach Fire Survivor with a Tile Roof ' ' i x =;;ti, � � . ..., 1:-., 7a ,,'',` %,i' urea -� p . � v "'a a'a'l� . ' xt ,,; ..„..-._, _-::'--.4,11L.‘,„,,,-,.. cN 17s ''1.4.- Ilj ic 3 -.` 4 i': :. - ' ' ,- ' t' .-:- - -..,:it..-; , ',;7.,,s,'..44..;.v.A.M-4::',:';;:741*.g.,,- Often seen on televised newscasts or in newspapers dunng firestorms are residents with garden hoses watenng their roof This action demonstrates a very senous concern by residents about the flammability of wood roofs, especially in large housing development tracts When some of these fires subsided, there have been homes which stood alone untouched by the fire due to among other precautions, nonflammable roofs These fires have included structures where firebrands have been known to travel up to a half mile and across interstate freeways The California Building Code sets roofs into three categories effective against fire test exposures • Class A - severe fire test exposure • Class B - moderate fire test exposure • Class C - light fire test exposure These classes are specified depending on the file hazard for the area The local code can be changed based on findings by local junsdictions that are affected by climatic, topographical, or geologic conditions unique to the local area Topographical would include housing developments located in restncted access areas Gate guarded and narrow streets that do not allow two -way traffic are included in this category However, close spacing of homes (zero lot line) increases the nsk of fires spreading from home to home In Orange County, which includes national forests with wildlands, the hazard is higher A. problem closer to home also exists Lemon Heights Fire —1996 Embers from chimneys without spark arresters, coupled with climatic conditions >..; known as Santa Ana winds, may permit the - blowing of sparks or cinders upon wood,. roofs of the ongmatmg home or to adjacent n: homes This in turn may cause a 3 :" „. conflagration of roof fires Several cities in Orange County also allow the use of s ' fireworks during the Fourth of July ueowtn+ matrzar mdu e i celebration Bottle rockets or sparklers that land on a wood roof could be the beginning of a senes of residential fires Downed electncal lines, or lightning stakes, can also be ongins of such fires The State of California has tabulated the number of reported residential structural fires where wood roots have been the ongin of the fire dunng the penod 1992 through 2002 The annual average number of such fires dunng this period was 118 and represents 2 percent of all residential fires reported The Industry In response to the fire sensitivity of wood roofs, the industry has provided a roofing system that has been sated for Class A An expected question is how long will the pressure - 4 heatment (fire resistance) on the shakes or shingles last? Tests conducted by the U S Department of Agnculture's Forest Products Laboratory, independent testing laboratones, and manufacturers indicate that the treatment process renders the wood fire retardant for the life of the roof ' However, the City of Los Angeles has found that in their tests, the exposed edges created by cutting dunng installation will sustain combustion When wood shingles were first available with fire retardant coatings, they were rated as a Class C covering Before that, they were non -rated Pressure treated wood shakes and shingles ieceive a Class A rating when installed with a solid underlayment Fire protection is provided by pressui e impregnating fire retardant polymers into the mnennost cells of shakes and shingles However, there are no required inspections or tests after installation of roofs to determine the status of the fire retardant It would also be difficult to tell when, or if, a roof was pressure treated or has lost its original treatment by inspection There remains a debate among officials of the fire resistance of treated wood roofs and the longevity of the treatment In place treatment of roofs has not proven successful The California Building Code specifies the testing wood shakes and shingles must pass for Table 2 use in California These tests include Communities at Risk to Wildfires Intermittent Flame Test Spread of Flame Test, Non Burning Brand Test, Flying Brand Test, Rain City or Community Federal Federal Test and Weathenng Test However, wood Threat Threat roofing materials have passed only six years of Aliso Viejo X the required ten -year weathenng test to date In Anaheim X the burning brand test, the test exposes roofing Brea X matenals to a 12 -mph wind In the flying brand Coto de Gaza X test, the matenal is exposed to a wind of 18 Cowan Heights X mph 4 These tests do not adequately simulate Dana Point X El Toro Marine Corps Air Station X the conditions in Orange County dunng high Irvine x Santa Ana wind conditions Laguna Beach X Laguna Hills X Laguna Niguel X The Code Laguna Woods X Lake Forest X The establishment of the building code for fire Mission Viejo X Modjeska X safety in local junsdictions must consider the Newport Beach X resources of the responsible fire agency This Orange x would include how much money is to be spent Rancho Santa Margarita x on fire equipment and the type of fire San Clemente x equipment to be purchased One of the cntical San Juan Capistrano X judgments is how many houses are allowed to Silverado X burn in a potential conflagration and how Trabuco Canyon X p conflagration Trabuco Highlands x important it is to save another This would also Unincorporated Orange County (1) X require the consideration of a sufficient water Unincorporated Orange County (2) X supply and pressure for large conflagrations If villa Park x known hazards exist, then the file fighting Yorba Linda X resources must be available Limited fire fighting resources in Orange County are demonstrated dunng Santa Ana wind conditions by the pre - staging of equipment near vulnerable areas The California Building Code defines the minimum standards acceptable in California 5 In a defined Very High Fire Hazard Severity Zone (VHFHSZ), generally a wildland area, new structures and existing structures with 50 percent or more of the roof replaced will have a Class A roof The Fire Safe Council and the California Fire Alliance list communities that have been defined as "At Risk " by the federal government Of the 1,238 communities listed in California, 27 are in Orange County These all have a Hazard Level of 3, where 2 would denote a moderate fire threat, and 3 denotes high The data for Orange County are listed in Table 2 The Federal Threat column indicates some or all of the wildland fire threat comes from federal lands Local junsdictions normally adopt ordinances that implement or amend the California Building Code In Orange County only 16 out of 35 junsdictions require a Class A roof for new construction For re roofing of 50 percent or more, only 10 junsdictions require a Class A roof (see Table 3) Measunng re- roofing projects in units of squares (100 sq ft) appears to be more practical than as a percentage and is easier to explain and enforce, as is done by the City of Los Alamitos Some junsdictions have tried to prohibit the use of wood roofs, lawsuits have followed One of the arguments against such an ordinance is that it deprives the companies of their inherent nght to engage in the lawful occupation that is their livelihood 6 The following nearby communities have an ordinance which pi ohabits wood roofs City of Los Angeles, Santa Barbara County, City of Santa Barbara, Carlsbad, Del Mar, El Cajon, and Vista Twelve other cities have vanous ordinances prohibiting wood 7 In Orange County, only Laguna Beach will prohibit wood roofs beginning in the year 2017 The objective of governmental regulations is the protection of the lives and property of citizens from loss of life and loss of property from fire However, a senous problem exists for firefighters to distinguish treated roofs from untreated roofs during a fire In the event there was a conflagration or mayor fire, this distinction may be necessary in order to perform a tnage operation, 1 e , which house to save first 6 Table 3 Residential Code Requirements of Orange County Jurisdictions New Construction Class Re roof Class A Comments Agency 50% o A B C 1050/0 >50% Ahso Viejo X Re roof & additions no lower than Class B (Anaheim X 50% or more Class Ain VHFHSZ (Anaheim Hills) IBrea X IWildland areas Class A re roof min Class C Buena Park X Re roof same as new construction Costa Mesa X ,Re roof Class C or better Cypress X X Re roof no lower class than existing max 2 layers shingles Dana Point X Re roof & additions no lower than Class B VHFHSZ Class A Fountain Valley X Re roof Class C or better Fullerton X Re roof Class C or better Garden Grove X Re roof Class C or better Huntington Beach X Re roof Class C or better no amendments Re roof & additions no lower than Class B if wood must be Irvine X Class A VHFHSZ Class A La Habra X Re roof Class C or better La Palma X X Metal not allowed over existing X Exception historic register homes re roof under 25% min Laguna Beach X Class C all existing wood replaced by 2017 Laguna Hills X X Proposed VHFHSZ Class A or B Laguna Niguel X X Laguna Woods X Re roof min Class B Lake Forest X X X Allows metal over wood Los Alamitos X X X No roof over wood shingles re roof over 100 sq ft Class A Re roof & additions min Class B metal allowed over Mission Viejo X existing Newport Beach X X VHFHSZ Class A or 8 IOrange X X <25% Class B Special fire protection area Class A new const & additions Orange County X min Class B Re roof & additions no lower than Class B 3 tab not Placentia X allowed Rancho S Margarita X X VHFHSZ Class A or B re roof min Class C San Clemente X X X Re roof within 1 year San Juan X X X Capistrano Santa Ana X Re roof Class C or better Seal Beach X >40% re roof Class B or better Re roof >10% Class B Non treated wood surfaces Stanton X prohibited Re roof & additions no lower than Class B Hillside district Tustin X Class A Villa Park X X > 40% re roof Class A Westminster X Re roof Class B Yorba Linda X X X <10% Class B 7 The Environment The environment within Orange County can be very severe for fire safety Southern California mostly has a desert climate Seasonal temperatures can be in the 100+ degrees Fahrenheit Dunng the latter part of the year, the very dry Santa Ana winds are more prevalent Santa Ana winds are generally defined as waiiu, dry winds that blow from the east or northeast with exceptional speed through the Santa Ana Canyon (the canyon from which it derives its name) The teini "Santa Ana" is reserved for winds greater than 30 mph The complex climate and topography of Southern California combined with strong winds from a high pressure over Nevada or Utah create Santa Ana winds The humidity is reduced to 10 to 15 percent that increases the fire hazard Santa Ana winds commonly occur between October and February with December having the highest frequency of events Stronger Santa Ana winds can have gusts up to 100 mph in favored areas Santa Ana winds are an important forecast challenge because of the high fire danger associated with them The Choice The use of wood shake and shingles Table 4 became very popular due to their Cost Comparisons of Roofing Materials rustic appearance However, as their Warranty Average Cost per flammable condition became an Typ (yrs) Cost yr per sq issue, fire retardant chemicals were Asphalt Shingles applied Concrete tile roofs started Class A 20 $27 $1 35 appeanng in the southwestern United Class A 30 $36 $1 20 Wood Shakes States sometime after World War II, class B 20 $208 $10 40 and slowly gained in populanty Class C 20 $193 $9 65 Today they are the fastest growing Slate segment of the roofing material Class A 75 $500 $6 67 industry 8 Re- roofing products Fiber Cement Shakes include all steel roofs as well as the Class A 40 $190 $4 75 lightweight concrete products There Metal Panels are pros and cons about each product Class A 50 $200 $4 o0 Class B 40 $150 $3 75 available for re- roofing a structure Class C 40 $100 $2 50 All of these can fulfill the Light Weight Concrete requirements for a Class A roof Class A 50 $110 $2 20 Table 4 was compiled with input Clay Tile (light) from Oiange County suppliers and Class A 50 $155 $3 10 installers cost is per square (100 sq ft ) material only does not include labor Class A system is Class B covering with solid sheathing at extra cost The impact on an individual homeowner, when changing roof materials, may be negligible when all costs for the materials are amortized over the life of the roof covering Considenng installation costs, life expectancy, and warranty, treated wood shakes can be four times the cost of concrete tile and twice the coated metals When a roof covering is changed, the 8 weight of the new roof must be taken into account Some cities have a requnement that a load calculation be completed when a specified load limit is reached Most roofers perform this calculation or evaluation as part of their installation cost The choice of roof products may also be influenced by insurance Insurance coverage on homes with wood roofs is gradually changing across the United States In some states applicants are denied coverage charged a different rate or non - renewed because of the age, condition or type of roof, especially wood roofs and composition over wood shingle roofs 9 As time passes, more policies are adding these stipulations In California, some companies provide a discount for homes without wood roofs On an insurance web site the following suggestion to reduce premiums when shopping for insurance is provided "When you buy a home, look for fire - resistant construction, such as brick, masonry or rock You may pay a lower premium for hail - resistive roofs, such as those made of concrete tile, while wood roofs may bring a surcharge " The Sacramento Business Journal has reported that some insurance carvers, as part of the overall tightening of their underwnting, won't insure homeowners with wood roofs 11 A syndicated columnist, in writing about metal roofs, says ' since metal roofs are fireproof, you may get a discount on your insurance' 12 The decision suggests that wood roofs may no longer be the matenal of choice As such, cost may be a factor in the selection of a roof or in the consideration of adoption of a local building code Findings Under California Penal Code Section 933 and Section 933 05, responses are required to all findings The 2002 2003 Orange County Grand Jury amved at four findings 1 There is a lack of uniformity in local building codes involving roofs for identical environmental conditions within Orange County 2 The testing and qualification standards of wood shakes and shingles are below the environmental conditions of Orange County 3 The cities' and county s roofing codes do not adequately take into account the climate, particularly the Santa Ana winds, and topographical conditions unique to Orange County 4 Fire conflagrations stress finite fire fighting resources especially dunng the penod of Santa Ana winds A response to Findings 1 through 4 is required from the Orange County Board of Supervisors and the Cities of Aliso Viejo Anaheim, Brea Buena Park Costa Mesa Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Hills Laguna Woods, Mission Viejo Newport Beach, Placentia Rancho Santa Maraanta, Santa Ana, Seal Beach Stanton Tustin, Westminster 9 Recommendations In accordance with California Penal Code Section 933 and Section 933 05, each recommendation must be responded to by the government entity to which it is addressed These responses are to be submitted to the Presiding Judge of the Supenor Court of Orange County Based on the findings, the 2002 2003 Orange County Grand Jury recommends that 1 Each responding jurisdictional agency should consider amending the building code to require the most fire retardant class of root covenng (Class A) for new construction of all residential structures (Group R) in all fire zones (Findings 1 through 4) 2 Each responding junsdictional agency should consider amending the building code to require the most fire retardant class of roof covenng (Class A) for re- roofing of all residential structures (Group R) in all fire zones, when more than 50 percent of the roof is replaced within one year (Findings 1 through 4) A response to Recommendation 1 is required from the Orange County Board of Supervisors and the cities of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Hills, Newport Beach, Rancho Santa Marganta, Santa Ana Stanton, Tustin, Westminster A response to Recommendation 2 is required from the Orange County Board of Supervisors and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Hills, Laguna Woods, Mission Viejo, Newport Beach, Placentia, Rancho Santa Marganta, Santa Ana, Seal Beach, Stanton, Tustin, Westminster ' Photo by Chas Metivier courtesy Orange County Register Inferno! (Kansas City Andrews & McMeel 1993) p 66 ' California State Fire Marshal California Incident Reporting System http / /osfm fire ca gov /pdf /cfirs /residentialstruc pdf ' CHEMCO Inc The Finest Exterior Fire Retardant treatment For Wood Roofs http / /www chemco oig /subpages /qa html #how long Wesco Cedar Inc FTX Fire Retardant Shakes and Shingles are Legal and Safe in California Appi oval & Specifications http / /www wescocedar com /appiovalspecs html ' 2001 California Building Code Chapter 15 Section 1D01 6 Firehouse Fu e Politics November 1994 7 California State Fire Marshal Fu e Haar d Zoning and Mitigation Code Adoption http / /osfm fire ca gov /pdf /LocalAdoption pdf 8 Committee for Firesafe Dwelhngs Conci ete Roof Tiles Report BRC 01 page 1 10 9 Office of Public Insurance Counsel Homeowners Insur ante Underwr cttng Guidelines Changes in the Nlar ket http / /www opic state tx us/homeguide html 10 USAA Educational Foundation Good Information for Good Decisions Insurance How to Reduce Your Pr emtums http / /www usaaedfoundatton org /insutancethome /h104/hiO4 htm 11 •Sacramento Business Journal July 8 2002 http / /www bizjournals com /sacramento /stories /2002 /07 /08 /storv html ''Dulley James New r esidential metal t oofs cu e attr active long lasting and eff cent The Press Enterprise Riverside CA update bulletin 782 (http / /www dullev com) 11 CALIFORNIA PENAL CODE 933 (a) Each grand jury shall submit to the presiding judge of the supenor court a final report of its findings and recommendations that pertain to county government matters dunng the fiscal or calendar year Final reports on any appropnate subject may be submitted to the presiding judge of the supenor court at any time dunng the term of service of a grand jury A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the p esidmg Jadge tnat the report is in compliance with this title For 45 days after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clanfy the recommendations of the report (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authonty, the governing body of the public agency shall comment to the presiding judge of the supenor court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914 1 shall comment within 60 days to the presiding Judge of the supenor court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls In any city and county, the mayor shall also comment on the findings and recommendations All of these comments and reports shall forthwith be submitted to the presiding judge of the supenor court who impaneled the grand jury A copy of all responses to grand Jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices One copy shall be placed on file with the applicable grand Jury final report by, and in the control of the currently impaneled grand Jury, where it shall be maintained for a minimum of five years (d) As used in this section "agency" includes a department 933 05 (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor (b) For purposes of subdivision (b) of Section 933, as to each grand Jury recommendation, the responding person or entity shall report one of the following actions (1) The recommendation has been implemented, with a summary regarding the implemented action (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation (3) The recommendation requires Z further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable This timeframe shall not exceed six months from the date of publication of the grand jury report (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority The response of the elected agency or department head shall address all aspects of the findings or tccornrnerlat1ons affecting his or her agency or department (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release (e) Dunng an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days pnor to its public release and after the approval of the presiding judge No officer, agency, department, or governing body of a public agency shall disclose any contents of the report pnor to the public release of the final report t a 4ry 4 r ., z ii .-z4 : . e r , ` , ., i' - ms a ::: cy' . t -1, y :i y . , ti • I r T r � 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A4.:.. „�. -!.r,#.,K .... � �- .;�.Jr. � ii �.:.'S't''�v?�r� . ?. ..'c �s �a .,.ae3 .. `i". -'r7�.::;`r. c a5 '�'�`� ! � l ' Apnl 15, 2003 Carlos N Olvera Foreman 2002 -2003 Orange County Grand Jury 700 Civic Center Dnve West Santa Ana, CA 92701 Subject CITY OF SEAL BEACH RESPONSES TO ORANGE COUNTY GRAND JURY REPORT, "WOOD ROOFS ARE DANGEROUS Dear Foreman Olvera This letter is the formal reply to the 2002 -2003 Orange County Grand Jury Report entitled "Wood Roofs Are Danger ous' , in compliance with Penal Code Section 933(a) and (b) As to Findings 1 through 4 of the Report The City of Seal Beach is in general agreement with the Findings As to Recommendation Number 2, to which the City of Seal Beach is required to respond The City of Seal Beach considered and introduced on April 14, 2003, Ordinance No 1496, An Ordinance of the City of Seal Beach Amending Section 5 -30, No 35, Table 15 -A of Chapter 5, Article 1, of the Code of the City of Seal Beach, Compnsing Part 2 of Title 24 of the California Code of Regulations, the 2001 California Building Code This ordinance will be scheduled for second reading and adoption on Apnl 28 2003 and will become effective 30 days thereafter absent any legal challenge This ordinance amends the current building code provisions to require, at a minimum and in confoi_niance with Grand Jury Recommendation 2 the most fire retardant class of roof covenng (Class A) for re- roofing of all residential structures (Group R) in all fire zones when more than 50 percent of the roof is replaced within one year A copy of the adopted ordinance will be forwarded to your office by the City Cleik after adoption on Apnl 28, 2003 C Documents and Settings LWhrnenbeig\t \jt Documents \BUILDING \Grind Jury Response Letter Wood Roofs doctLW \D- 1) v., Cm of Seal Beach Response Letter r e Wood Roofs Al e Danger ous — Or ange Counts Gr and Jury Report Apr cl 15 2003 If you have any questions on this matter please contact Mi Lee Whittenberg, Director of Development Services Mr Whittenberg can be reached at (562) 431 2527 extension 313, or by e -mail at 1whittenbeig @ci seal -beach ca us Sincei ely, ..:=Vilthd 1445;.--- John Larson Mayor, City of Seal Beach Distnbution City Council City Manager City Attorney Director of Development Services Building Official Gland Jury Response Letter Wood Roofs 2