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ORD 313U ORDINANCE NO. 313U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; MAKING AMENDMENTS TO SAID CODE; AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Chapter 8.08 (Fire Code) of Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "8.08.010 Fire Code Adopted. Except as hereinafter provided, Title 32, Fire Code of the Los Angeles County Code, adopted on December 7, 1995, adopting and amending the Uniform Fire Code, 1994 Edition, printed and published by the International Fire Code Institute, the International Conference of Building Officials and the Western Fire Chiefs Association, including Appendices I-C and V-A and excluding all other appendices, is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Rancho Palos Verdes. B. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1994 edition, has been deposited in the office of the City Clerk of the City of Rancho Palos Verdes and shall be at all times maintained by the Clerk for use and examination by the public. 8.08.020 Amendments to Fire Code. Notwithstanding the provisions of Section 8.08.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100. 8.08.030 Fireworks. A. Notwithstanding the provisions of Section 8.08.010, paragraph 2 of Section 7801.3.1.2 of the Fire Code is amended to read: 7801.3.1.2 Displays. Permits are required from the City to fireworks display. The City Council shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks or other organizations. Every such display shall be habdled by a competent operator approved by the City Council, and shall be of such character and so located, discharged or fired as in the opinion of the City Council after proper investigation, so as not to be hazardous to property or endanger any person. Applications for permits shall be made in writing to the Fire Chief not less than thirty days in advance of the date of display or other use. The Fire Chief shall within ten days after receipt of said application make a report and recommendation to the City Council. If the City Council finds that such display can be made without danger or nuisance to the general public, it shall grant the permit; otherwise it shall deny it. If the City Council finds that such display as applied for may create danger or nuisance to the public, but that if displayed subject to conditions may not create such danger or nuisance, it shall grant the permit subject to conditions. After such permit is granted, sale, possession, use and distribution of fireworks for such display subject to the conditions of this Chapter and such other conditions, if any, as may be imposed by the City Council, is lawful for the purpose only for which such permit is granted. In all cases the decision of the City Council shall be final." B. Notwithstanding the provisions of Section 8.08.010, Section 7802.4.3 of the Fire Code is amended to read: "7802.4.3 Insurance. The permittee shall furnish a certificate of insurance in an amount deemed adequate by the City Council for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors. The policy shall provide limits of bodily injury and property damage liability of not less than one million dollars ($1,000,000) combined single limits for each occurrence annually. The policy may have a deductible not to exceed fifteen thousand dollars ($15,000). A deductible in excess of fifteen thousand dollars ($15,000) may be permitted provided a security deposit, such as, but not limited to, a surety bond, pledge of assets or bank letter of credit covering the value of the excess is approved by the City Council. The certificate of insurance shall provide that the insurer will not cancel the insured's coverage without fifteen (15) days prior written notice to the City, that the City shall not be responsible for any premium or assessments on the policy, and that the duly licensed pyrotechnic operator required by law to supervise and discharge the display, acting either as an employee of the insured or as an independent contractor and the City, its officers, agents, and employees are included as additional insureds, insofar as any operations under this Section are concerned." Ordinance No. 313U Page 2 of 10 8.08.040 Flammable vegetation. Notwithstanding the provisions of Section 8.08.010, Section 1117.2.2 of the Fire Code is amended to read: "1117.2.2 Clearances. Any owner of record of any land within the City of Rancho Palos Verdes which contains growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable shall at all times on such person's own land, whether improved or unimproved: 1. Place or store firewood, manure, compost and other combustible materials a minimum of thirty (30) feet from any building or structure. EXCEPTION: Up to one cord of firewood and/or two cubic yards of compost may by placed or stored within thirty (30) feet of a building or structure. 2. Maintain around and adjacent to each building, structure, or apiary, whether on such person's own land or adjacent thereto, an effective fire protection or firebreak made by completely removing and clearing away, for a distance from such house, building or structure of not less than thirty (30) lineal feet on each side thereof, growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable. EXCEPTIONS: 1. Ornamental plants and trees that are individually planted, spaced and maintained in such a manner that they do not form a means of transmitting fire from native growth to the structure. 2. Cultivated ground cover such as green grass, ivy, succulents or similar Plants provided that they are maintained in a condition that does not form a means of transmitting fire from native growth to the structure. 3. Maintain around and adjacent to each building or structure an additional fire protection or firebreak made by removing and clearing away all brush, vegetation or other growth which in the opinion of the Fire Chief or Commissioner is then or may become dangerously flammable on such land as may be required by the Fire Chief or Commissioner when he finds that because of extra hazardous conditions a firebreak of only thirty (30) lineal feet around such structures is not sufficient to provide reasonable fire safety for structures and landscaping within the City of Rancho Palos Verdes. Grass and other vegetation located more than thirty (30) lineal feet from such building or structure and Ordinance No. 313U Page 3 of 10 kept at less than six (6) inches in height above the ground may be maintained where in the opinion of the Fire Chief or Commissioner retaining such growth is necessary to stabilize the soil and prevent erosion, provided all growth required to be cut in such location shall be removed by the owner of record of that property. 4. Remove that portion of any tree which extends within ten (10) lineal feet of the outlet of any chimney. 5. Maintain any tree adjacent to or overhanging any building free of dead wood. 6. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth. 8.08.050 Fire-warning systems. A. Notwithstanding the provisions of Section 8.08.010, Section 1007.2.9A of the Fire Code is added to read: "1007.2.9A Group R, Divisions 1 and 3 Occupancies. 1007.2.9A.1 General. In existing Group R, Divisions 1 and 3 occupancies, every dwelling unit and every guest room in a hotel, congregate residence or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to State Fire Marshal Standard 12-72-2. All detectors shall be installed in accordance with the approved manufacturer's instructions. 1007.2.9A.2 Location within dwelling units. In dwelling units, a detector shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. When the dwelling unit has more than one story and in dwellings with basements, a detector shall be installed on each story and in the basement. In dwelling units where a story or basement is split into two or more levels, the smoke detector shall be installed on each level. When sleeping rooms are on an upper level, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches or more, smoke detectors shall be installed in the hallway and in the adjacent room. Detectors shall sound an alarm audible in all sleeping areas of the dwelling unit in which they are located. Ordinance No. 313U Page 4 of 10 1007.2.9A.3 Location in efficiency dwelling units, congregate residences and hotels. In efficiency dwelling units, hotel, motel, lodging house and congregate residence sleeping rooms, and in hotel suites, detectors shall be located on the ceiling or wall of the main room or each sleeping room. Where sleeping rooms are on an upper level within the efficiency dwelling unit or hotel suite, the detector shall be placed at the ceiling of the upper level in close proximity to the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit, hotel suite or sleeping room in which it is located. 1007.2.9A.4 Power source. Smoke detectors required by this section may be battery operated or they may be wired into the building wiring system when such wiring is served from a commercial source. The detector shall emit a signal when the batteries are low. When required smoke detectors receive their primary power from the building wiring, such wiring shall be permanent, without a disconnecting switch other than those required for overcurrent protection and equipped with a battery backup. 1007.2.9A.5 Transfer of title. No person may transfer title to a dwelling unit or guest room required by this section to be equipped with a smoke detector without first filing with the City and the purchaser a statement that the dwelling unit or guest room is equipped with smoke detectors meeting the requirements of this section. 8.08.060 Violations -- Penalties. A. Every person violating any provision of the fire code or of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor unless such violation is otherwise declared to be an infraction by Section 8.08.080 of this chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. B. Every violation determined to be a misdemeanor hereunder is punishable in such manner and to such extent as is provided by Section 1.08.010.A of this Code. Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.08.010.B of this Code. C. For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. Ordinance No. 313U Page 5 of 10 8.08.070 Responsibility. Any person who personally or through another wilfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or wilfully or negligently allows the continuation of a violation of the fire code and amendments thereto is liable for the expense of fighting the fire or for the expense incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expense in the same manner as in the case of an obligation under a contract, expressed or implied. 8.08.080 List of Infractions. In accordance with Section 8.08.060 of this Chapter, the violation of the following sections or subsections of the fire code shall be infractions: Section Offense 105.8 Failure to obtain permit 901.4.4 Building numbering 902.2.4.1 Obstructing access roadway 902.2.4.2 Trespassing on a closed road 1001.5.1 Failure to maintain alarm system 1001.5.2 Failure to notify Fire Department 1001.6.2 Tampering with fire hydrant 1003 Fire extinguishing systems 1102.3 Open fires 1103 Waste combustibles 1105 Asphalt kettles 1109.3.2.1 Sweating pipe 1109.4 "No smoking" sign 1109.5 Discarding burning objects 1109.6 Hot ashes and other dangerous materials 1115.3 Fire prevention regulations - Marina 1115.5 Portable fire protection equipment -Marina 1115.7 Access - Marina 1117.2 Clearance of brush - Structure 1118.17 Fire roads and firebreaks 1207.3 Door-locking devices 1207.6 Exit doors readily distinguishable Ordinance No. 313U Page 6 of 10 1210.3 Stairway - Storage under 1212.4 "Exit" sign illumination 2903.4.2 Waste oil storage 3004.2 Lumber yards - Housekeeping 3005.2 3213 Lumber yards - Weeds Exit illumination 3219.2 Housekeeping -Vegetation 3219.3 Housekeeping - Flammable material storage 3404 Access to area 3601.6 Fire extinguisher- Dry cleaning plant 3601.7 No smoking - Dry cleaning plant 4501.4 Smoking prohibited 4501.5 Welding warning signs 4502.3.3 Discarded filter pads 4502.8.2 Portable fire protection equipment 4502.9 Operations and maintenance 4503.7.1 Portable fire extinguisher 4503.8.5 Dip tank covers 4504.3.2 Signs - "Dangerous" 4504.4 Maintenance - Electrostatic apparatus 4505.6.1 Maintenance - Powder coating 4506.6 "No smoking" sign 4606.2 "No smoking" - Fruit ripening room 4607 Housekeeping - Fruit ripening room 5201.7 Safety rules 7401.5.1 Storage containers - Identification 7401.6 Storage and use of cylinders 7505.4 Cryogenic tank truck -Wheels chocked 7506.2 Cryogenic tank truck - Chock blocks 7607 General requirements (smoking) 7901.7.2 Housekeeping 7902.5.3 Empty containers 7904.3.2.1 Smoking 7904.4.6 "No smoking" sign 7904.4.8 Fire protection 7904.6.4 No smoking 8003.1.2 Hazardous materials signage 8003.1.17 Combustible materials - Clearance 8004.1.9 Hazardous materials - Dispensing, use and handling - Signage 8004.3.5 Combustible materials - Clearance 8208 "No smoking" signs - LPG container 8209 Combustible material - Clearance from LPG container Ordinance No. 313U Page 7 of 10 8506 Extension cords." Section 2. The changes and modifications to the California Fire Code, 1995 Edition, that have been enacted by this Ordinance are merely a continuation of similar changes and modifications made to earlier editions of such uniform codes, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary for the health, safety, and general welfare of the because of the following local climatic, geological and topographical conditions: The local climate is characterized by hot, dry summers, followed by strong Santa Ana winds, which are further accentuated by the topographical features of hills and steep canyon areas in and adjacent to the City, and heavy winter rains. These climatic and topographical conditions make structures in the City particularly vulnerable to rapidly spreading, wind-driven fires. The City's zoning ordinances and participation in the Natural Communities Conservation Planning (NCCP) program promote the preservation of coastal sage scrub habitat. Grass fires are a frequent and natural part of Southern California's ecosystem, including areas adjacent to the coast. Structures located near coastal sage scrub require additional protection against ignition from flying embers. Section 3. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1995 edition of the California Fire Code, as set forth in Part 9 of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17858 and 17858.7. Section 4. The numbering of the 1994 edition of the Uniform Fire Code has been completely revised from earlier editions. All references to the Uniform Fire Code in the sections of the Rancho Palos Verdes Municipal Code which are not amended by this or a subsequently enacted ordinance shall refer instead to the appropriate section or sections of the 1994 edition of the Uniform Fire Code as determined by the 1991/1994 Cross-Reference Directory to the Uniform Fire Code. Section 5. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 6., If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Ordinance No. 313U Page 8 of 10 Rancho Palos Verdes 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 invalid. Section 7. State law requires that localities adopt the 1995 edition of the California Fire Code, and any modifications thereto, by December 28, 1995. It is essential that the City have in effect on that date a fire code that comports with state law and contain those modifications necessitated by unique topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the provisions of the Fire Code unique to the City's special circumstances will not be in place and this will have a detrimental effect on the public health, safety and welfare. The modifications to the 1995 edition of the California Fire Code contain vital provisions regarding administrative procedures, brush clearance, and other matters necessitated by the City's unique climatic, geological and topographical characteristics. For these reasons, the public health, safety and welfare require that this ordinance take effect immediately. This is an urgency ordinance. Section 8. This Ordinance shall be effective upon adoption and shall become operative December 28, 1995. PASSED, APPROVED and ADOPTED this 19 day of December 1995. ayo r ATTEST: 1i .� City Clerk State of California County Of Los Angeles ) SS City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 313U Page 9 of 10 Ordinance, being Ordinance No. 313U, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December 19, 1995 was passed and adopted by the following roll call vote: AYES: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH, and MAYOR LYON NOES: NONE ABSENT: NONE ABSTAIN: NONE ITY CLERK A0313U.WPD Ordinance No. 313U Page 10 of 10 ORD. NO. 313U RANCHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on 1/17/96 she caused to be posted the following document entitled: ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; MAKING AMENDMENTS TO SAID CODE: AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE: AND DECLARING THE URGENCY THEREOF a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. LL CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213)377-0360