ORD 410 ORDINANCE NO. 410
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY
REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, AS
AMENDED AND IN EFFECT ON DECEMBER 25, 2003, WHICH CONSTITUTES AN
AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2001 EDITION, AND
AMENDING CHAPTER 8.08 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ORDAINS AS FOLLOWS:
Section 1: Section 8.08 of 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. A. Except as hereinafter provided in this Chapter,
Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on
December 25, 2003, which constitutes an amended version of the California Fire Code,
2001 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I-
C, Appendix II-C, Appendix II-D, Appendix IV-A and Appendix VI-A 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. In the event of any conflict between provisions of the California Fire Code, 2001
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 later
listed document 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.
C. Notwithstanding the provisions of paragraph A of this Section, Sections 103.4.7
and 103.4.8 and Articles 89 and 100 of the Fire Code are deleted.
8.08.020 Fire Code Amended, Fireworks. (a) Notwithstanding the provisions of
Section 8.08.010, paragraph 2 of Section 7801.3.1.4 of the Fire Code is amended to read:
7801.3.1.4 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.
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 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 Fire Code Amended, 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.
Ordinance No. 410
Page 2 of 7
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 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 that 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.
8.08.040 Fire Code Amended, 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
Ordinance No. 410
Page 3of7
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.
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.
8.08.050 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 8.08.070 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.
8.08.060 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
Ordinance No. 410
Page 4 of 7
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.
8.08.070 List of Infractions.
In accordance with Section 8.08.050 of this Chapter, the violation of the following
sections or subsections of the fire code shall be infractions:
901.4.4 Premises identification
902.2.4.1 Obstructing and control of fire apparatus access
902.2.4.2 Trespassing on a closed road
1001.5.1 Maintenance of fire-protection systems and equipment
1001.5.3 Systems out of service
1001.6.2 Fire hydrant and fire appliances
1001.7 Obstruction of fire protection equipment
1002 Portable fire extinguishers
1102.3 Open burning
1103 Combustible materials
1103.3 Combustible waste — storage within buildings
1105 Asphalt kettles
1109.4 Smoking
1109.5 Burning objects
1109.6 Hot ashes and spontaneous ignition sources
1117.2.2 Structures
1117.2.3 Clearance of brush — extra hazard
1118.17 Fire roads and firebreaks
1207.3 Locking devices
1207.6 Door identification
1210.3 Storage under stairways
1212.4 Illumination
2401.6 Smoking
2901.6.2 Lubricating oil
3004.3 Waste removal
3008.5 Combustible waste
3214.2 Means of egress illumination
3221.2 Vegetation removal
3221.3 Storage
3404 Fire apparatus access roads
3601.6 Fire protection
3601.7 Smoking
4501.4 Smoking
4501.5 Welding warning signs
4502.3.3 Filter disposal
4502.8.2 Fire extinguishers
4502.9 Operations and maintenance
4502.9.6 Combustible debris and metal waste cans
4503.7.1 General
4503.8 Dip tank covers
4504.3.2 Signs
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4504.4 Maintenance
4505.6.1 Dust accumulation
4506.6 Sources of ignition
4606.2 Smoking
4607 Housekeeping
5201.7 Sources of ignition
7401.5.1 General
7401.6 Security
7607 Smoking and open flames
7901.7.2 Maintenance and operating practices
7901.10 Sources of ignition
7902.5.3 Empty containers and portable tanks
7904.3.2.1 Storage tanks and sources of ignition
7904.4.7 Sources of ignition
7904.4.9 Fire protection
7904.6.4 Smoking
8001.8 Signs
8003.1.12 Clearance from combustibles
8004.1.8 Signs
8004.3.4 Clearance from combustibles
8208 Smoking and other sources of ignition
8209 Clearance to combustibles
8506 Extension cords and flexible cords
Appendix IIC Sec. 5 Fire prevention regulations— marina
Appendix IIC Sec. 5.2 Open flame device— boat or marina
Appendix IIC Sec. 6.3 Access
Appendix IIC Sec. 6.4 Portable fire protection equipment
Section 2. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance.
The City Council hereby declares that it would have adopted this ordinance, and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 3. The City Clerk is directed to forward a certified copy of this
ordinance to the Los Angeles County Fire Department, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, CA 90040-3027, Attn: Captain Ricky Lewis.
Ordinance No. 410
Page 6 of 7
PASSED, APPROVED and ADOPTED this 5th day of October 2004.
Mayor
Attest:
a Jo Of
`
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.
410 passed first reading on September 7, 2004, was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on October 5, 2004, and that the same
was passed and adopted by the following roll call vote:
AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner
NOES: None
ABSENT: None f
ABSTAIN: None
.7/
City Clerk
Ordinance No. 410
Page 7of7
LAjilliRANCHO 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 October 5, 2004, she caused to be posted the following document
entitled: Ordinance No. 410 - AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES
COUNTY CODE, AS AMENDED AND IN EFFECT ON DECEMBER 25, 2003, WHICH
CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2001
EDITION, AND AMENDING CHAPTER 8.08 OF 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
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
/2,
City Clerk
W:\City Council Ordinances\affidavits\Ordinance 410-Adoption of Fire Code.doc