HomeMy WebLinkAboutORD 08 (1999)ORDINANCE NO. 08 (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 pf 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 arid 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 ,he fact irat .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 Cade, 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. (1999`- shall be effective upon adoption
and shall become operative July 1, 1999.
PASSED, APPROVED AND ADOPTED this 15th day of June, 1999.
A �eV
Mayor
I, LYNDA BURGESS, 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 15t1day of June , 1999, and was finally passed at a regular meeting of the City Council of
Diamond Bar held on the 6th day of July , 1999 by the following vote:
AYES: COUNCIL MEMBERS: Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
i�Ce�i e C
ATTEST:._ .__ , 2
City Clerk
City of Diamond Bar