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Home My WebLink AboutORD 07 (1995)ORDINANCE NO. 07(1995) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 16.00 (Uniform Fire Code) of Title 16 (Fire Safety) of the Diamond Bar City Code is amended to read: "Sec. 16.00.010 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 Diamond Bar. 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 Diamond Bar and shall be at all times maintained by the Clerk for use and examination by the public. Sec. 16.00.020 Amendments Notwithstanding the provisions of Section 16.00.010, the Fire Code is amended by deleting Sections 103.4.7 and 103.4.8 and Articles 89 and 100.. Sec. 16.00.030 violations and Penalties a. Any person violating any provision of the Fire Code shall be deemed guilty of a misdemeanor, unless such violation is otherwise declared to be an infraction by Section 16.00.040, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Fire Code is committed, continued or permitted, and upon conviction for any such violation such person shall be punishable as provided for in Title 1 of this Code. For the purposes of this section, a forfeiture of bail shall be equivalent to a violation. b. Any person who personally or through another wilfully, negligently, or in violation of law sets a fire, allows a fire to be set, 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 the Fire Code or 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 Fire Chief, or wilfully or negligently allows the continuation of a violation of the Fire Code shall be liable for the expense of fighting the fire, or for all costs associated with the control and mitigation of a hazardous materials incident, or for the expenses incurred while obtaining compliance with the written order of the Fire Chief, or for the expenses incurred in obtaining compliance with the continuing violation of the Fire Code, and such expenses shall be a charge against that person. sec. 16.00.040 List of Infractions In accordance with Section 16.00.030, 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 1212.4 "Exit" sign illumination 2903.4.2 Waste oil storage 3004.2 Lumber yards - Housekeeping 951212 10672-00001 um 1101316 0 - 2 - 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." Section 2. Section 16.04.010 (Sale, use, or discharge prohibited) of Chapter 16.04 (Fireworks) of Title 16 (Fire Safety) of the Diamond Bar City Code is amended to read: "Seo. 16.04.010. sale, use, or discharge prohibited. Notwithstanding the provisions of Section 16.00.010 of this Title, it shall be unlawful for any person to sell, use, or 951212 IOS724=1 mm 1101316 0 - 3 - discharge any fireworks within the City, including, but not limited to, safe and sane fireworks, as that term is defined in -- Health and Safety Code Section 12529, as the same may be amended from time to time hereafter." Section 3. The City Council hereby finds, determines and declares that 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 code, and all of such changes and modifications, whether previously enacted or enacted in this Ordinance, are reasonably necessary for the protection of the health, safety, and general welfare of the residents of the City due to local climatic, geological and topographical conditions. In particular, the local climate is characterized by hot, dry summers, followed by strong Santa Ana winds and heavy winter rains. These climatic conditions, along with the relatively hilly topography of the City, make buildings and structures in the City particularly vulnerable to rapidly spreading, wind - driven fires. Section 4. 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 17958 and 17958.7. -- Section 5. The numbering of the 1994 edition of the Uniform Fire Code has been completely revised from earlier editions. All references to the Fire Code in the sections of the Diamond Bar City 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 6. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar City Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 7. 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. The City Council of the City of Diamond Bar 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 9512121057 -M1 Amo 1101316 0 — 4 — more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 8. 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 contains 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,-.dud other matters necessitated by the City's unique clijaatjc,=g)¢ological and topographical characteristics. For these_r4asons, the public health, safety and welfare require that this ordin"co take effect immediately. This is an urgency ordinance-.- Se�ation 9. This Ordinance shall be effective upon adoption and shall become operative December 28, 1995. PASSED, APPROVED and ADOPTED this 19th day of �' ila�cmhpr , 1995. MAYOR ATTEST: 95121210572.00001 mo 1101316 0 5 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar on the 19th day of December, 1995 by the following vote: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff and M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Lyn B;tr;:�es y Clerk CityD,a&dad Bar