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HomeMy WebLinkAboutORD 07(1999)ORDINANCE NO. 07 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE; MAKING AMENDMENTS TO SAID CODE; AMENDING TITLE 16 OF THE DIAMOND BAR MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.00 (Fire Code) of the Diamond Bar Municipal Code is hereby amended to read as follows: "CHAPTER 16.00" FIRE CODE 16.00.010. Adopted. Except as hereinafter provided in this Title, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on July 1, 1999, which constitutes an amended version of the California Fire Code, 1998 Edition (Part 9 of Title 24 of the California Code of Regulations), including Appendix I -C 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. In the event of any conflict between provisions of the California Fire Code, 1998 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire Code contained in the Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Code, along with a copy of the Uniform Fire Code, 1997 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. 16.00.020. Amendments to Fire Code. 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. 16.00.030. Violations. (a) Every person who violates, or who fails to comply with any of the requirements of, any provision of the Fire Code, this Chapter or Chapter 16.04, or any provision of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in Section 1.04.010 of the Diamond Bar Municipal Code, unless such violation is otherwise declared to be an infraction by Section 16.00.050 of this Chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by Section 1.04.020 of the Diamond Bar Municipal Code. (c) For the purposes of this Section a forfeiture of bail shall be equivalent to a conviction. 16.00.040. 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 expenses 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 expenses in the same manner as in the case of an obligation under a contract, expressed or implied. 16.00.050 List of Infractions. In accordance with Section 16.00.030 of this Chapter, the violation of the following Sections or Subsections of the Fire Code shall be infractions: Section 901.4.4 Premises identification 902.2.4 Obstructing and control of fire apparatus access 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 1002 Portable fire extinguishers 1102.3 Open burning 1103 Combustible materials 1105 Asphalt kettles 1109.4 Smoking 1109.5 Burning objects 1109.6 Hot ashes and spontaneous ignition sources 1115.3 Fire prevention regulations 1115.5 Portable fire protection equipment 1115.7 Maintenance of access 1117.2 Structures 1118.17 Fire roads and firebreaks 1207.3 Locking devices 1207.6 Door identification 1210.3 Storage under stairways 1212.4 Illumination 2401.9 Smoking 2901.6.2 Lubricating oil 3004.3 Waste removal 3008.5 Combustible waste 3213 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 4503.7.1 General 4503.8 Dip tank covers 4504.3.2 Signs 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 8004.3.5 Clearance from combustibles 8208 Smoking and other sources of ignition 8209 Clearance to combustibles 8506 Extension cords and flexible cords" Section 2. Chapter 16.04 of the Diamond Bar Municipal Code is hereby readopted. Section 3. The City Council does hereby expressly find and determine that the amendments to the "California Fire Code," 1998 Edition, set forth in this Ordinance, including the amendments in Title 32 of the Los Angeles County Code, are reasonably necessary because of local climatic, geological or topographic conditions. This express finding is supported and based upon the following more specific findings and determinations: a. Located throughout the City of Diamond Bar, as well as in the surrounding cities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. b. The City of Diamond Bar, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions are very hazardous to the surrounding undeveloped hillsides and wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Diamond Bar and the surrounding cities have historically suffered from occasional structural and brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph a. above. d. The City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial number of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways e. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. f. Furthermore, climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. Section 4. All inconsistencies between the Fire Code, as adopted by this Ordinance, and the 1998 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 5. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 6. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more of said sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. Section 7. State law requires that localities adopt the 1998 edition of the California Fire Code, and any modifications thereto, by July 1, 1999. 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 fire code contain vital provisions regarding administrative procedures, fireworks, sprinkler requirements, and other similar matters necessitated by the City's exposure to Santa Ana winds, its limited rainfall in summer and fall months and the City's proximity to earthquake fault zones. 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 No. XX (1999) U shall be effective upon adoption and shall become operative July 1, 1999. PASSED, APPROVED AND ADOPTED this 15th day of June, 1999. Mayor I, TOMMYE CRIBBINS, Deputy City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15thday of June , 1999, and was finally passed at a regular meeting of the City Council of Diamond Bar held on the 15th day of ,lune , 1999 by the following vote: AYES: COUNCIL MEMBERS:Arisari, Herrera, MPT/O'Connor M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Huf f y ATTEST: Deputy City Clerk City of Diamond Bar