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City violating Government Code

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SharkBait707

Junior Member
I live in the San Francisco Bay Area. Last year Governor Brown signed Senate Bill 1069 into law. The law was enacted to help ease the housing crisis in California by making it easier and more affordable for homeowners like myself to build Accessory Dwelling Units (ADUs) on their property. One of the items SB 1069 changed was that fire sprinklers were not required for ADUs where they aren't required for the primary residence.

I'm in the process of building an ADU on my property. The City approved my permit to build an ADU and the permit included a note stating that fire sprinklers would not be required. In addition to this I received an email from the Building Department where the Fire Department confirmed that fire sprinklers would not be required in my case because the unit meets access requirements and has a fire hydrant close by. After beginning construction, I was notified by the Building Department that the Fire Department was putting a requirement in place that I must install fire sprinklers.

I've been trying to get the city to reverse the decision for months now. I've informed the City Manager's office that the Building Department is violating Government Code Section 65852.2 subdivision (c) which specifically states: Quote

“Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.”

The City Manager forwarded my issue to someone who began looking into the issue but they then stopped replying to my emails or phone calls presumably because they didn't have a good response to my complaint. In 3 months, the City Manager's office has not responded with a reason for this nor have they removed the requirement after several requests. I have sent several messages to the Mayor and City Council who sent a general reply that they would get back to me in 2 weeks but that came and went without a response.

My building is halfway completed but construction has come to a halt because of this. To make matters worse, I live in Santa Rosa where the recent fires destroyed thousands of homes and there is a desperate need for additional housing but the City won't get back to me about my request to remove the requirement which will open up another rental.

I've reached out to Assemblymember Jim Wood's office and his aid has been trying to help with the situation but has stated that they can't make the City react to the situation which leads me to the question, if a City is in violation of the Government Code, is there an agency who can put pressure on the City to resolve the issue?
 


Taxing Matters

Overtaxed Member
I've reached out to Assemblymember Jim Wood's office and his aid has been trying to help with the situation but has stated that they can't make the City react to the situation which leads me to the question, if a City is in violation of the Government Code, is there an agency who can put pressure on the City to resolve the issue?
The answer to that is no. Rather you would need to sue the city in court for an injunction if, after exhausting all administrative remedies with the city, it still won’t comply with the state law. I suggest you consult a civil litigation attorney to discuss what you need to do. The lawyer may be able to get the city moving on this. Sometimes all it takes is getting an attorney involved to get an organization to act.
 

LdiJ

Senior Member
The answer to that is no. Rather you would need to sue the city in court for an injunction if, after exhausting all administrative remedies with the city, it still won’t comply with the state law. I suggest you consult a civil litigation attorney to discuss what you need to do. The lawyer may be able to get the city moving on this. Sometimes all it takes is getting an attorney involved to get an organization to act.
This is great advice, but its possible that it could be cheaper to install the sprinklers than to litigate the matter.
 

LdiJ

Senior Member
But the fire devastation also demonstrates the need for the sprinklers.
Sprinklers are not going to be of any help against a wild fire. It would be nice to think that they would help, but they would not.
 

quincy

Senior Member
Sprinklers are not going to be of any help against a wild fire. It would be nice to think that they would help, but they would not.
FEMA disagrees with you. Sprinklers can in fact help in wild fires.
 

justalayman

Senior Member
I suspect ldij is thinking of the brutal fires we always see on television that burn absolutely everything in their path. If a home is in the path of that, a sprinkler isn’t likely to do much BUT

If the fire at the home is started by stray embers or there isn’t a lot of combustibles near the home to carry that fire to the home, yes, sprinklers can limit the amount of damage.

One thing about sprinklers though; they have to have a source of water. If the home is on a private well and the electricity to the home is lost, so is the sprinkler system.

One thing I hadn’t thought of is exterior sprinklers. They are mentioned in the link Quincy provided. Not much use for them around here (way lower Michigan) but I can see a great benefit to them in the wildfire areas.
 
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quincy

Senior Member
I suspect ldij is thinking of the brutal fires we always see on television that burn absolutely everything in their path. If a home is in the path of that, a sprinkler isn’t likely to do much BUT

If the fire at the home is started by stray embers or there isn’t a lot of combustibles near the home to carry that fire to the home, yes, sprinklers can limit the amount of damage.

One thing about sprinklers though; they have to have a source of water. If the home is on a private well and the electricity to the home is lost, so is the sprinkler system.

One thing I hadn’t thought of is exterior sprinklers. They are mentioned in the link Quincy provided. Not much use for them around here (way lower Michigan) but I can see a great benefit to them in the wildfire areas.
I don't know what LdiJ was thinking of but if all homes had sprinkler systems, the devastation from wildfires in California and Tennessee might not have been as widespread. Many of the fires were due to flying embers.
 

pac72

Member
requirements under the ucc (united construction code ) is minimum requirements.. the ucc recognizes this and allows local juristdictions to be more stringent in the code adoption at their option.. id suggest you appeal to the authorities in power to approve you as you were initially permitted to do..
 

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