ORD 314 ORDINANCE NO. 314
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; 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 (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
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
may as
any, Y 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 c 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. 314
Page 2 o 9
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
Ordinance No. 31.4
Page 3 of 9
from such building or structure and 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. 314.
Page 4 of 9
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.
8.08.070 Responsibility. Any person who personally or through
another wilfully, negligently, or in violation of law sets a fire, allows a
Ordinance No. 314
Page 5 of 9
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
1210.3 Stairway - Storage under
Ordinance No. 3114
Page 6 of 9
1212.4 "Exit" sign illumination
2903.4.2 Waste oil storage
3004.2 Lumber yards - Housekeeping
3005.2 Lumber yards - Weeds
3213 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
8506 Extension cords."
Ordinance No. 314
Page 7 of 9
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 p art 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.
Ordinance No. 31"L
Page 8of9
PASSED, APPROVED and ADOPTED this 8th day of January, 1995.
Maycr ;=
ATTEST:
01.
r
/or'
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, being Ordinance No. 314, passed first reading on December 19,
1995, was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on January 8, 1996, and that the same was passed and adopted
by the following roll call vote:
AYES: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH AND
MAYOR LYON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2/1,
CITY CLERK
Ordinance No. 314
Page 9 Of 9
ORDINANCE NO. 314
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 1/1/7/96 , she caused to be
posted the following document entitled:
ADOPTING BY REFERENCE, THE L.A. COUNTY CODE, TITLE 32, FIRE
CODE; MAKING AMDNEDMENT TO SAID CODE; AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 y
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.
1
•
} ' ITY CLERK
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274.5391 / (213)377.0360