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Home My WebLink AboutORD 04 (2017)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, AS AMENDED WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2016 EDITION. a. California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2016 California Fire Code as set forth in the California Code of Regulations, Title 24, Part 9. b. Pursuant to the California Health and Safety Code Sections 13869.7, 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. C. At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6. d. The City introduced for first reading this Ordinance on May 2, 2017, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. e. Pursuant to California Government Code Section 6066, the City published notice of the public hearing on April 21, 2017 and May 5, 2017 for the hearings set forth in subsections (iv) above and (vi) below. f. The City held a public hearing on May 16, 2017, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. g. Any and all legal prerequisites relating to the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: SECTION 1: Findings in Support of Modifications to Title 24 Building Standards. This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (2) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (3) 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, 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. (4) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (5) 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. (6) Located throughout the City, as well as in the surrounding communities, 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. (7) The City 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 present a significant threat of wild fire to the City's undeveloped hillsides, wildlands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires create a need for increased levels of fire protection. (8) Additional findings in support of adoption of more restrictive building standards are set forth in Exhibit "A" and incorporated by reference. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, are appropriate given the specific local climatic, geological or topographic conditions set forth above. 2 SECTION 2: Chapter 16.00 of the City of Diamond Bar City Code is amended to read, in words and figures, as follows: Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on January, 24, 2017, which constitutes an amended version of the California Fire Code, 2016 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 80, Appendix B, BB, C, and CC, and excluding all other appendices of the 2016 Edition of the California Fire Code with errata, and adopting and incorporating herein by reference into Title 32 of the Los Angeles County Code, the 2015 Edition of the International Fire Code, Chapters 1 through 7, Chapters 9 and 10, Chapters 20 through 36, Chapters 50 through 55, Chapters 57 through 67, Chapter 80, Appendix D and Appendix N 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, 2016 Edition, International Fire Code 2015 Edition, Title 32 of the Los Angeles County Fire Code, or any amendment to the Fire Code contained in the City of Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Fire Code, along with a copy of the California Fire Code, 2016 Edition, and the International Fire Code 2015 Edition has been deposited in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public. This section is reserved for future use. Sec. 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 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 1.04.010 of the Municipal Code. (c) For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. Sec. 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. Sec. 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: M Section 11offense 303.1 - 303 Asphalt kettles 304.1.1 lWaste material 304.1.2 Ivegetation 304.2 Combustible waste rubbish—storage 305.2 JlHot ashes and spontaneous ignition sources 310.4 IlRemoval "No smoking" sign 315.3.2.1 Stairway -storage under 503.4 Obstructing access roadway 505.1 IlAddress identification 507.5.4 - 507 jObstruction of fire hydrants 507.5.6 jPhysical protection -fire hydrants 507.5.7 IFirefighting water source markers 507.5.8 Identification -private fire hydrant 507.5.9 IlPrivate fire hydrant caps or plugs 605.5 JjElectrical extension cords 901.7, IFailure to notify Fire Department 901.6.3.1 Signs -above ground water control valves 901.6.3.2 Lacks -above ground water control valves 901.6.3.3 Identification -above ground water control valves 906.1 - 906.10 lFire extinguishers 912.7 Identification -Fire Department connection 912.8 Breakable caps or plugs -Fire Department connection 1007.9 lExit doors identification 1008.1.9.1 Door -operating devices 1104.3 JjSign illumination 2003.2 "No Smoking" signs within aircraft hangers 2108.4 IlFire extinguisher -dry cleaning plant 2108.5 jNo smoking signs -dry cleaning plant 2311.2.2 11waste oil storage 2403.2.7 11welding warning signs 2403.4 110perations and maintenance 2403.4.3 Imetal waste cans for rags and waste 2404.7.8.5 IlFilter disposal 2405.3.4 IlDip tank covers 2405.4.2 lPortable fire protection equipment 2406.5 Maintenance -powder coating 2407.1 Maintenance -electrostatic apparatus 2407.5.2 Signs -"Danger" 2408.5 —� Sources of ignition (organic peroxides) 2505.1 2803.3.1 2W3 3.3 Housekeeping -fruit ripening room Lumber yards -housekeeping Combustible waste 3103.12.6.1 —� Exit sign illumination 3104.21 Vegetation removal Open flame device -boat or marina 3603.2 —� 3603.4 3604.4 Rubbish containers -marina Portable fire extinguishers -marinas 4811.9 Fire Department access -motion picture production locations 4811.12 Blocked or, obstructed fire hydrants and appliances 5003.5 --1 Hazardous materials signage 5003.7.1 —J FNo smoking signs -hazardous materials 5004.11 Combustible materials clearance -hazardous materials storage 5005,3.8 5005,3.8 Combustible materials clearance - hazardous materials storage 5005.3.8 Combustible materials clearance - hazardous materials storage ___]15005.3.8 _= 5303.4 Markings -compressed gases 5303.5 = Security -compressed gases 5701.6 Maintenance and operating practices -flammable and combustible liquids 5704.2.3.1 " No smoking" sign 5704.3.3.4 � Empty containers "No smoking" signs -LPG container Combustible material clearance LPG container 6107.2 8104 Auto wrecking yards -fire apparatus access SECTION 3: Any inconsistencies between the Fire Code as adopted by this Ordinance, and the 2016 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 4: 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 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 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 more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6: This ordinance shall be effective upon adoption and shall become operative on the 16th day of May 2017. PASSED, ADOPTED AND APPROVED this 16th day of May 2017. v, 6 Jimmy Cn, Mayo* I, TOMMYE CRIBBINS, 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 2nd day of May , 2017, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 16thday of May 2017, by the following vote: AYES: COUNCIL MEMBERS:Lyons, Tye, MPT/Low, M/Lin NOES: COUNCIL MEMBERS:None ABSTAIN: COUNCIL MEMBERS:Herrera ABSENT: COUNCIL MEMBERS:None a ATTEST- �L Tommye C;ribbins, City Clerk City of Diamond Bar