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ORD 558 ORDINANCE NO. 558 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.08 of Title 8 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "Chapter 8.08 FIRE CODE Sections: 8.08.010 Fire Code adopted. 8.08.020 Fire Code amended. 8.08.030 Violations—Penalties. 8.08.040 Responsibility. 8.08.050 List of infractions. 8.08.060 Very high fire hazard severity zone map. 8.08.010 Fire Code adopted. Except as hereinafter provided in this chapter, the 2014 Los Angeles County Fire Code, Title 32, of the Los Angeles County Code, as amended and in effect on April 24, 2014, which constitutes an amended version of the California Fire Code, 2013 Edition, published by the California Building Standards Commission, including Chapters 1 through 80 and Appendices B, BB, C, CC and K, and Chapters 1 through 7, Chapters 9 through 10, Chapters 20 through 36, Chapters 50 through 55, Chapters 57 though 67 and Chapter 80 of the International Fire Code, 2012 Edition, published by the International Code Council, are hereby adopted by reference and shall constitute and may be cited as the Fire Code of the city of Rancho Palos Verdes. In the event of any conflict between provisions of the California Fire Code, 2013 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Rancho Palos Verdes Municipal Code, the provision contained in the Municipal Code shall control. A copy of the Fire Code shall be maintained in the office of the city clerk and shall be made available for public inspection while the code is in force. 8.08.020 Fire Code amended. A. Notwithstanding the provisions of Section 8.08.010, Section 101.1 is amended to read: 101.1 Title. These regulations shall be known as the Fire Code of the City of Rancho Palos Verdes, hereinafter referred to as "this code." B. Notwithstanding the provisions of Section 8.08.010, Section 503.4.1 is amended to read: 503.4.1 Traffic calming devices. Traffic calming devices that alter City- owned streets and rights-of-way, including, but not limited to, speed bumps and speed humps, shall be prohibited, unless approved by the City Council, after having received a recommendation from the fire code official. Traffic calming devices, including, but not limited to, speed bumps and speed humps, that are located on private streets or property shall be prohibited, unless approved by the fire code official. C. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.2 is added to the Fire Code to read: 5608.1.2 Displays. Permits are required from the City to conduct a 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 handled 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. D. Notwithstanding the provisions of Section 8.08.010, Section 5608.1.3 is added to read: 5608.1.3 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. Ordinance No. 558 Page 2 of 6 R6876-0050\1713570v2.doc • The policy shall provide limits of bodily injury and property damage liability of not less than two million dollars ($2,000,000) 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. 8.08.030 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 8.08.050 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 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. 8.08.040 Responsibility. Any person who personally or through another willfully, 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 willfully 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. Ordinance No. 558 Page 3 of 6 R6876-0050\1713570v2.doc 8.08.050 List of infractions. In accordance with Section 8.08.030 of this chapter, the violation of the following sections or subsections of the Fire Code shall be infractions: 303.1-303.9 Asphalt kettles 304.1.1 Waste material 304.1.2 Vegetation 304.2 Combustible waste rubbish—storage 305.2 Hot ashes and spontaneous ignition sources 310.4 Removal "No smoking" sign 315.3.2.1 Stairway - storage under 503.4 Obstructing access roadway 505.1 Address identification 507.5.4-507.5.5 Obstruction of fire hydrants 507.5.6 Physical protection - fire hydrants 507.5.7 Fire-fighting water source markers 507.5.8 Identification - private fire hydrant 507.5.9 Private fire hydrant caps or plugs 605.5 Electrical extension cords 901.7 Failure to notify fire department 901.6.3.1 Signs - above ground water control valves 901.6.3.2 Locks - above ground water control valves 901.6.3.3 Identification - above ground water control valves 906.1-906.10 Fire extinguishers 912.7 Identification - fire department connection 912.8 Breakable caps or plugs - fire department connection 1007.9 Exit doors identification 1008.1.9.1 Door - operating devices 1104.3 Sign illumination 2003.2 "No Smoking" signs within aircraft hangers 2108.4 Fire extinguisher - dry cleaning plant 2108.5 No smoking signs - dry cleaning plant 2311.2.2 Waste oil storage 2403.2.7 Welding warning signs 2403.4 Operations and maintenance 2403.4.3 Metal waste cans for rags and waste 2404.7.8.5 Filter disposal 2405.3.4 Dip tank covers 2405.4.2 Portable fire protection equipment 2406.5 Maintenance - powder coating 2407.1 Maintenance - electrostatic apparatus 2407.5.2 Signs - "Danger" 2408.5 Sources of ignition (organic peroxides) 2505.1 Housekeeping - fruit ripening room Ordinance No. 558 Page 4 of 6 R6876-0050\1713570v2.doc 2803.3.1 Lumber yards - housekeeping 2803.3.3 Combustible waste 3103.12.6.1 Exit sign illumination 3104.21 Vegetation removal 3603.2 Open flame device - boat or marina 3603.4 Rubbish containers - marina 3604.4 Portable fire extinguishers - marinas 4811.9 Fire department access — motion picture production locations 4811.12 Blocked or obstructed fire hydrants and appliances 5003.5 Hazardous materials signage 5003.7.1 No smoking signs - hazardous materials 5004.11 Combustible materials clearance - hazardous materials storage 5005.3.8 Combustible materials clearance - hazardous materials use 5303.4 Markings - compressed gases 5303.5 Security - compressed gases 5701.6 Maintenance and operating practices -flammable and combustible liquids 5704.2.3.1 "No smoking" sign 5704.3.3.4 Empty containers 6107.2 "No smoking" signs - LPG container 6107.3 Combustible material clearance LPG container 8104 Auto wrecking yards - fire apparatus access 8.08.060 Very high fire hazard severity zone map. The city council of the city of Rancho Palos Verdes hereby designates very high fire hazard severity zones, as recommended by the director of the California Department of Forestry and Fire Protection and the county of Los Angeles fire department, as designated on the map entitled Fire Hazard Severity Zone, which are on file in the city's community development department." SECTION 2. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 2013 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 17958.5 and 17958.7. SECTION 3. The numbering of the most recent edition of the California Fire Code has been completely revised from earlier editions. All references to the International and Uniform Codes in the Rancho Palos Verdes Municipal Code that are not amended by this or a subsequently enacted ordinance shall refer instead to the successor section or sections contained in the California Fire Code as adopted and amended by the County of Los Angeles in Title 32 of the Los Angeles County Code. Ordinance No. 558 Page 5 of 6 R6876-005011713570v2.doc SECTION 4. 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 5. 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 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 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy hereof to be forthwith transmitted to the California Building Standards Commission. PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF September, 2014. Ifv•41, it 1111 Mayor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, 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; the foregoing Ordinance No. 558 passed first reading on August 19, 2014, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on September 2, 2014, and that the same was passed and adopted by the following roll call vote: Ayes: Brooks, Campbell, Knight, and Mayor Duhovic Noes: None Absent: Misetich Abstain: None CSJeLe‘tri- City Clerk Ordinance No. 558 Page 6 of 6 R6876-0050\1713570v2.doc jill 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 September 3, 2014, she caused to be posted the following document entitled: ORDINANCE NO. 558, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. , ,l, .0IA-e_S,C_ City Clerk