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