RPVCCA_CC_SR_2014_09_02_K_ Adopt_Ord_558_Fire_CodeCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
.SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUN~D ELOPMENT
DIRECTOR
MICHAEL THRONE, PE, RECTOR OF PUBLIC.
WORKS
SEPTEMBER 2, 2014
ADOPTION OF ORDINANCE NO. 558 ADOPTING THE
L.A. COUNTY FIRE CODE
CAROLYNN PETRU, ACTING CITY MANAGER~
Project Manager: Paul Christman, Building Offic~V--
RECOMMENDATION
ADOPT 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; WITH
AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE.
DISCUSSION
At the June 3, 2014 City Council meeting, Staff presented an Ordinance for introduction
to adopt the new 2014 Los Angeles County Fire Code. The draft Ordinance was
introduced without discussion, and a public hearing to adopt the draft Ordinance was
set for July 15, 2014. On July 15, 2014 as recommended by staff, the public hearing on
the ordinance adoption was continued to August 19, 2014, to allow Public Works staff to
present elements of the City's current Traffic Calming Program to the City Council, since
the L.A. County Fire Code contained some conflicts between the City's traffic calming
program and language in the Fire Code. On August 19, 2014, the City Council re-
introduced Ordinance No. 558 with a local amendment proposed by the City Attorney
that would allow traffic calming devices subject to approval by the City Council with
input from the Fire Official. This local amendment to the L.A. County Fire Code
preserves the flexibility of the City Council to allow certain types of traffic calming
measures, if requested by a neighborhood and consistent with the City's traffic calming
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program. In addition, on August 19th, the City Council adopted a resolution making the
express findings and determinations that all of the City's local amendments to the L.A.
County Fire Code are reasonably necessary because of local climatic, geological, or
topographical conditions.
The Ordinance is now being presented for adoption.
Attachments:
Ordinance No. 558
1726126v3
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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:
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
"Chapter 8.08
FIRE CODE
Fire Code adopted.
Fire Code amended.
Violations-Penalties.
Responsibility.
List of infractions.
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:
2013 Code adoption K-3
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.
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.
R6876-0050\1713570v2.doc
Ordinance No. 558
Page 2 of 6
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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.
8. 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(8) 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
Jaw 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.
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
304.1.1
304.1.2
304.2
305.2
310.4
315.3.2.1
503.4
505.1
507 .5.4-507 .5.5
R6876-0050\1713570v2.doc
Asphalt kettles
Waste material
VeQetation
Combustible waste rubbish-storaQe
Hot ashes and spontaneous ignition sources
Removal "No smoking" sign
Stairway -storaQe under
Obstructing access roadway
Address identification
Obstruction of fire hydrants
Ordinance No. 558
Page 3of6
K-5
507.5.6
507.5.7
507.5.8
507.5.9
605.5
901.7
901.6.3.1
901.6.3.2
901.6.3.3
906.1-906.10
912.7
912.8
1007.9
1008.1.9.1
1104.3
2003.2
2108.4
2108.5
2311.2.2
2403.2.7
2403.4
2403.4.3
2404.7.8.5
2405.3.4
2405.4.2
2406.5
2407.1
2407.5.2
2408.5
2505.1
2803.3.1
2803.3.3
3103.12.6.1
3104.21
3603.2
3603.4
3604.4
4811.9
4811.12
5003.5
5003.7.1
5004.11
5005.3.8
5303.4
5303.5
R6876-0050\ 17135 70v2 .doc
Physical protection -fire hydrants
Fire-fighting water source markers
Identification -private fire hydrant
Private fire hydrant caps or plags
Electrical extension cords
Failure to notify fire department
Signs -above ground water control valves
Locks -above ground water control valves
Identification -above ground water control valves
Fire extinguishers
Identification -fire department connection
Breakable caps or plugs -fire department connection
Exit doors identification
Door -operating devices
Sign illumination
"No Smoking" signs within aircraft hangers
Fire extinguisher -dry cleaning plant
No smoking signs -drv cleaning plant
Waste oil storage
Welding warning signs
Operations and maintenance
Metal waste cans for rags and waste
Filter disposal
Dip tank covers
Portable fire protection equipment
Maintenance -powder coating
Maintenance -electrostatic apparatus
Signs -"Danger''
Sources of ignition (organic peroxides)
Housekeeping -fruit ripening room
Lumber yards -housekeeping
Combustible waste
Exit sign illumination
Vegetation removal
Open flame device -boat or marina
Rubbish containers -marina
Portable fire extinguishers -marinas
Fire department access -motion picture production
locations
Blocked or obstructed fire hydrants and appliances
Hazardous materials signage
No smoking signs -hazardous materials
Combustible materials clearance -hazardous materials
storage
Combustible materials clearance -hazardous materials use
Markings -compressed gases
Security -compressed gases
Ordinance No. 558
Page 4of6
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5701.6 Maintenance and operating practices -flammable and
combustible liquids
5704.2.3.1 "No smokin!:I" siqn
5704.3.3.4 Empty containers
6107.2 "No smoking" signs -LPG container
6107.3 Combustible material clearance LPG container
8104 Auto wreckinq 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.
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 __ DAY OF __ , 2014.
R6876-0050\1713570v2.doc
Mayor
Ordinance No. 558
Page 5 of6
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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 , 2014, and that the same was passed
and adopted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstain:
R6876-0050\1713570v2.doc
City Clerk
Ordinance No. 558
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